WT/TPR/M/356/Add.1  
 
27 October 2017  
(17-5847) Page: 1/84 
Trade Policy Review Body  
13 and 15 June 2017  Original: English/anglais/inglés  
 
  TRADE POLICY REVIEW  
NIGERIA  
MINUTES OF THE MEETI NG 
Addendum  
Chairperson: H.E. Mr. Juan Carlos Gonzalez (Colombia)  
This document contains the advance written questions and additional questions by WTO 
Members, and replies provided by  Nigeria .1 
 
 
Organe d 'examen des politiques commerciales  
13 et 15 juin 2017  
EXAMEN DES POLITIQUE S COMMERCIALES  
NIGERIA  
COMPTE RENDU DE LA R ÉUNION  
Addendum  
Président : S.E. M. Juan Carlos Gonzalez  (Colombie ) 
Le présent document contient les questions écrites communiquées à l 'avance par les 
Membres de l 'OMC, leurs questions additionnelles, et les réponses  fournies par  Nigeria .1 
 
 
Órgano de Examen de las Políticas Comerciales  
13 y 15 de junio de 2017 
EXAMEN DE LAS POLÍTI CAS COMERCIALES  
NIGERIA  
ACTA DE LA REUNIÓN  
Addendum  
Presidente: Excmo. Sr. Juan Carlos Gonzalez (Colombia)  
En el presente documento figuran las preguntas presentadas anticipadamente por escrito y 
las preguntas adicionales de los Miembros de la OMC, así como las respuestas facilitadas por  
Nigeria .1 
 
 
_______________  
 
                                                
1 In English only/En anglais seulement/En inglés solamente.  WT/TPR/M/356/Add.1  
 
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  TABLE OF CONTENTS  
 
CANADA  ................................ ................................ ................................ ...........................  3 
BRAZIL  ................................ ................................ ................................ .............................  6 
UNITED STATES  ................................ ................................ ................................ ...............  8 
SEPARATE CUSTOMS TER RITORY OF TAIWAN, PE NGHU, KINMEN AND MAT SU ..............  19 
CHINA  ................................ ................................ ................................ ............................  22 
ICELAND  ................................ ................................ ................................ ........................  35 
JAPAN  ................................ ................................ ................................ ............................  36 
CHILE  ................................ ................................ ................................ .............................  39 
AUSTRALIA  ................................ ................................ ................................ ....................  40 
ARGENTINA  ................................ ................................ ................................ ....................  43 
NEW ZEALAND  ................................ ................................ ................................ ...............  44 
EUROPEAN UNION  ................................ ................................ ................................ .........  46 
NORWAY  ................................ ................................ ................................ ........................  60 
REPUBLIC OF KOREA  ................................ ................................ ................................ ...... 61 
SINGAPORE  ................................ ................................ ................................ ....................  68 
COLOM BIA ................................ ................................ ................................ .....................  69 
RWANDA  ................................ ................................ ................................ ........................  71 
OMAN  ................................ ................................ ................................ .............................  72 
COSTA RICA  ................................ ................................ ................................ ...................  73 
THAILAND  ................................ ................................ ................................ ......................  74 
KENYA  ................................ ................................ ................................ ............................  77 
INDONESIA  ................................ ................................ ................................ ....................  79 
EGYPT  ................................ ................................ ................................ ............................  81 
TURKEY  ................................ ................................ ................................ ..........................  82 
 WT/TPR/M/356/Add.1  
 
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  CANADA  
Questions:  
1. When does Nigeria plan to submit its category B and C notifications?  
2. Given that one of the objectives is to pr omote sustainable development, would the Parties 
also consider including trade and environment provisions in the CFTA?  
3. Does Nigeria currently apply the CET to all goods? If not, please explain for which goods 
Nigeria applies a different tariff from the CET  and what are Nigeria 's applied tariffs on these 
goods?  
4. Could Nigeria provide details on the criteria and mechanisms used to determine when and 
under what circumstances the applied tariffs are to be lowered/raised within the bound 
limits?  
5. Could Nigeria e xplain what the criteria to benefit from the tariff reductions are?  
6. Could Nigeria explain which entities would be eligible for the tariff reductions? Is the 
application of the tariff reductions limited to local producers? Or can importers that do not 
produce these goods receive the benefit?  
7. Could Nigeria also explain how its tariff rate quota system functions?  
8. Can Nigeria please confirm this situation and explain how Section 10.1 of the 2013 
"Guidelines for Nigerian Content Development in Information and  Communications 
Technology " is compliant with the Agreement on Trade -Related Investment Measures?  
9. At the March 2016 SPS Committee meeting, Nigeria indicted that the prohibition measures 
for meat products (beef, pork, mutton and frozen chicken) that they a dopted were under 
review (see TPR para 3.102). Can Nigeria provide Members with a status update on that 
review?  
10. Could Nigeria elaborate on the extent to which the Public Procurement Act of 2007 and the 
UNCITRAL model legal framework have been entrenched i n Nigeria 's legal regime?  
11. Given Nigeria 's previous position as reflected in document WT/TPR/M/247/Add.1, is Nigeria 
considering becoming an observer to the WTO Agreement on Government at this point in 
time?  
12. Do you have statistical information regarding th e number of complaints related to fraud, 
corruption, collusion and/or coercion in government financed contracts that have been 
referred to the Attorney General? If so, could Nigeria please share them?  
13. Could Nigeria indicate when the final Act is expected t o be published?  
14. Would Nigeria please outline its next steps regarding bringing into force bilateral agreements 
that have been signed but not yet ratified by Nigeria?  
15. Does Nigeria have a timeline for bringing into force outstanding agreements?  
16. Could Niger ia please elaborate on the "new trade policy infrastructure " that is currently 
being set up in relation to its existing agreements and how it may affect concluded 
agreements that have not yet entered into force?  
Answers:  
1. Nigeria has recently submitted its  category B & C Commitments to the WTO Secretariat and 
it is currently in the process of being circulated to the WTO members . 
2. Environmental protection and sustainable development objectives are built into the CFTA, 
systemically and into Agenda 2063 of the African Union (AU). Environmental protection and 
sustainable development are tackled in their totality. The CFTA (decided in 2012 and 
launched in 2015) is connected to Agenda 2063 of the African Union (AU); the shared WT/TPR/M/356/Add.1  
 
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  strategic framework for inclusive grow th and sustainable development in the AU. The 
principal challenge for Africa (being tackled within the framework of the CFTA and Agenda 
2063) is reduction of poverty through robust growth. Robust and sustained growth shall 
generate increased resources for improving the quality of life, reducing pressure on the 
environment and reducing carbon footprints. Poverty exercises negative harmful effects on 
the environment, not limited to over -exploitation of soils and deforestation and other 
environmentally harmful  behaviour .  
It is worth noting that the Vision of Agenda 2063 and its principal drivers are listed in the 7 
Aspirations identified in Chapter 2 of the Agenda. It is worth stating Aspiration Number 1 of 
Agenda 2063: "A prosperous Africa based on inclusive growth and sustainable 
development ", which states as follows: "Ending poverty, inequalities of income and 
opportunity; job creation; addressing the challenges of rapid urbanization, improvement of 
habitats and access to basic necessities of life; providing  social security and protection; 
developing Africa 's human and social capital (through an education and skills revolution 
emphasizing science and technology and expanding access to quality health care services, 
particularly for women and girls); transformi ng Africa 's economies through beneficiation 
from Africa 's natural resources, manufacturing, industrialization and value addition, as well 
as raising productivity and competitiveness; radically transforming African agriculture to 
enable the continent to fee d itself and be a major player as a net food exporter; exploiting 
the vast potential of Africa 's blue/ocean economy; and finally putting in place measures to 
sustainably manage the continent 's rich biodiversity, forests, land and waters and using 
mainly ad aptive measures to address Climate change risks ". 
  
The G7 Taormina Leaders ' Communiqué, in paragraph 26 gave full support to the AU 
Agenda 2063 in the context of sustainable development priorities.  
3. No. The details required are not currently available . 
4. The applied tariffs rate is  not applied arbitrary, but rather in fulfilment  of legitimate 
government policy objectives . 
5. The criteria are determined by the nature of the incentives, the intervention, and the 
prevailing economic circumstances of the country in cluding the policy goals . 
6. Limited to local manufacturers/producers .  
7. Tariff/commodity codes are created to capture the beneficiary transactions such as rice 
millers and pure rice traders.  
8. GATT article XVIII.C allows a developing country member, like Nigeri a, to deviate from its 
GATT obligations, if the measure is applied to promote the development of a particular 
industry (ICT sector), with a view to raising the general standards of living of its people, if 
no other WTO consistent measure is practicable to achieve such measure.  
9. The review process is ongoing with the relevant stakeholders .  
10. The Public Procurement Act of 2007 and by extension the UNCITRAL model legal framework 
has been fully entrenched in Nigeria 's legal regime. The Act has been implemented in  
Nigeria since 2017 and has witnessed several instances where it has been used by the 
Judiciary to prosecute cases in court. Also, the contractors have also exercised their right to 
seek redress in court based on both decisions taken by the regulator and t hose by the 
procuring entities. Based on the experiences gathered in the course of implementation, the 
Act is currently undergoing review by the Parliament.  
11. Nigeria does not have a plan to become an observer to the GPA . 
12. 190 cases of complaints related to f raud, corruption, collusion and/or coercion in 
government financed contracts have been recommended for investigation and prosecution 
by relevant authorities . WT/TPR/M/356/Add.1  
 
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  13. The draft report is still awaiting the response of the Federal Ministry of Justice. The Ministry 
of Environment is currently in the process of organizing stakeholders ' meeting to review the 
draft National Forest Act due to emerging development in the sector.  
14. There is an established procedure for processing bilateral trade agreement to bring it into 
force. 
15. Nigeria does not have timeline for bringing into force outstanding agreements; however, 
Nigeria has initiated a domestic process of bringing into force its outstanding agreements. 
The process is on -going.  
16. As part of its trade policy reforms, Nigeria is  maintaining and upgrading it trade 
infrastructures to bring about the desired changes and benefits to Nigerian Economy. The 
essence is to implement existing agreements including the ones that would later enter into 
Force.  WT/TPR/M/356/Add.1  
 
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  BRAZIL  
Questions:  
1. In March 2016,  Brazil asked the Nigerian authorities to send the sanitary requirements for 
meat with a view to drafting a proposal concerning International Sanitary Certificates. Brazil 
also submitted a proposal of International Veterinary Certificate to export bovine ( live 
animals) to Nigeria in August 2016. Notwithstanding the obligation in the SPS Agreement, so 
far Brazil has not received any reply. Brazil also would appreciate being provided with 
information on what else is required to move the procedure forward to o btain the import 
permit.  
2. Brazil would appreciate being informed about the  timeframe for the removal of these 
measures by  Nigeria´s authorities, taking into account Articles  2.2 and 2.3 of the SPS 
Agreement.  
3. In previous "Trade Policy Reviews " (1998, 2005 an d 2011), the Government of Nigeria 
recognized that the "Import Prohibition List by Trade " was not in accordance with WTO rules, 
agreed on its phasing  out and committed to the tarif ication of the remaining products. 
Although the overall number of products c overed by the import ban was reduced since last 
TPR, some products of export interest to Brazil, such as sugar and farmed fish, have been 
added to the list. How can Nigeria explain the inclusion of new products in a list that is 
knowingly in disagreement w ith WTO rules?  
4. In spite of Nigeria 's long standing commitment to  phase out its "Import Prohibition List by 
Trade ", the dismantlement of this measure has been postponed  several times. Could the 
Government of Nigeria give  more details about the list´s phasin g out schedule,  now due to 
end in December 2019? More  specifically, could Nigeria indicate when pork and  beef (H.S. 
Codes 0201.1000 - 0204.5000, 0206.1000 - 0206.9000, 0210.1000 - 0210.2000) will be 
removed from  the "Import Prohibition List by Trade "? 
Answ ers: 
 
1. Requirements for Importation of Animals/Animal Products:  
 Apply for import permit to the chief Veterinary Officer (CVO), Federal Department of 
Veterinary and Pest Control Services, Federal Ministry of Agricultural and Rural 
Development, Area 11, Abuja . 
 Obtain import/export permit for wildlife subject to the acquisition of CITES permit from 
the Federal Ministry of Environment.  
 Notify Nigeria Agricultural Quarantine Services (NAQS) of import permit details.  
 Notify NAQS of the arrival date.  
 On arrival poi nt of entry, make declaration of animal /animal product or consignment for 
NAQS inspection and certification.  
 Declaration should include the entire document accompanying the animal/animal product 
and consignment including Sanitary/Health certificate of the  animal, documents of port 
of embark ation, port of disembark ation,  country of export, country of destination, 
purpose of importation etc.  
 NAQS officer verifies the document and consignments as well as the status of animal & 
animal product at the point of e ntry. WT/TPR/M/356/Add.1  
 
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   On arrival at the port, NAQS officials conduct visual inspection of animal and animal 
products. Live animals are sent to the quarantine stations for observation and suspected 
animal products are lab tested. If satisfied, animal or animal products are  released; 
otherwise animal or animal products are detained for further quarantine action.  
 Quarantine facilities where animals are sent to could be NAQS or owners ' facility where 
necessary laboratory checks and certification are carried out.  
 For live anima ls, they must be held for a reasonable quarantine period.  
 If the animal & animal product or consignment does not comply with the above, the 
importer will pay the appropriate user fees (calculated by NAQS) for further necessary 
quarantine action.  
 Where an a nimal is infected with a zoonotic disease, the animal could be seized for 
further necessary action or destroyed by NAQS at the importer 's expense.  
 
Requirements for Exportation of Animals/Animal Products : 
 
 Apply for export permit to the chief Veterinary of ficer (CVO), Federal Ministry of 
Agriculture and Rural development, Area 11, Garki, Abuja.  
 Notify Nigeria Agricultural Quarantine Services (NAQS) of Export Permit details.  
 Notify NAQS of the departure date for necessary quarantine measures before export at  
the quarantine facility before export, at the owner 's expense.  
 Declaration and animal / animal product or consignment at the point of exit for NAQS 
inspection and certification.  
 Declaration and verification should include all the documents accompanying th e 
animal /animal product or consignment including Sanitary/health Certificate at the point 
of exit.  
 If the animal /animal product and consignment complies with the above, it will be 
allowed for exit otherwise, the following measures will apply: i)  Detention  until all that is 
necessary is done; and ii) Refusal to be exported by NAQS . 
2. Currently there is no timeframe as the removal of these measures although efforts are being 
made to improve current infrastructure.  
3. Nigeria remains committed to the phasing out a nd complete elimination of the "Import 
Prohibition List by Trade " including tar ification. However, the need to safeguard genuine 
interest of domestic industries against unfair trade practices is paramount. On the 
importation of Fish, the CBN did not Ban th e Importation of Fish but only put restriction in 
the use Foreign Exchange from Forex Market. Importers of fish are free to do using the own 
funds earned offshores or from their domiciliary account . 
4. As soon as the necessary institutional and technical capa cities of alternative trade policies 
instrument(s) are fully developed, the restrictions in this category would be eliminated.  WT/TPR/M/356/Add.1  
 
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  UNITED STATES  
Questions:  
1. What are Nigeria 's plans to reduce these customs fees and formalities to align its customs 
procedures w ith the commitments set by the TFA?  
2. When will Nigeria make these changes, using the flexibilities available under the TFA?  
3. Could Nigeria please explain if the ECOWAS levy is applied on an MFN basis to all non -
ECOWAS member S tates, including in Africa?  
4. Does Nigeria apply the ECOWAS levy to all goods or only some? If only some, please provide 
a tariff line list of the goods on which Nigeria charges the ECOWAS levy.  
5. Please indicate whether Nigeria intends to impose the 0.2 % levy.  
6.  If Nigeria intends to impo se the levy, please explain in detail how the levy will be applied?  
7. If Nigeria intends to finance its share via another trade measure, please provide details on 
that measure.  
8. Can Nigeria please explain what moral or safety grounds justify the prohibition of imports of 
the goods on that list, such as airmail photographic printing paper, beads composed of 
inflammable celluloid or other similar substances, blank invoices, exhausted tea, manilas, 
second -hand clothing, etc.?  
9. In addition, can Nigeria please exp lain why the list includes spirits, but has exceptions for 
brandy, gin, rum, and whisky?  
10. Also, please clarify whether the spirits product category includes beer and wine.  
11. Can Nigeria please explain the basis for this measure in light of Nigeria 's WTO obli gations?  
12. Please explain why these programs were not notified and the nature of these programs in 
light of Nigeria 's obligations under Article 3 of the Subsidies Agreement.  
13. Could Nigeria provide a description of the programs operated by NEXIM that are subje ct to 
the 19 December 2015 Ministerial Decision on Export Competition?  
14. What was the value of export financing support provided by NEXIM in 2016 for agricultural 
commodities covered by the Agreement on Agriculture?  
15. What were the agricultural commodities re ceiving support in 2016?  
16. Please explain how this law can be implemented in light of the Agreement on Trade -Related 
Investment Measures, the Annex to which provides that "TRIMs that are inconsistent with 
the obligation of national treatment provided for in paragraph 4 of Article III of GATT 1994 
include those which are mandatory or enforceable under domestic law, or compliance with 
which is necessary to obtain an advantage, and which require: (a) the purchase or use by an 
enterprise of products of domestic o rigin or from any domestic source . . . . "? 
17. Please also provide the same explanation with respect to the data localization requirements 
in the 2013 Guidelines for Nigerian Content Development in the Information and 
Communications Technology sector, which t he Secretariat report did not reference.  
18. How is "non-compliance " defined, and what types of penalties are given for non -compliance?  
19. What is the status of the National Quality Policy draft? If it is still in the process of being 
drafted, when will the revis ed draft be notified in accordance to WTO TBT requirements?  
20. What reforms has Nigeria undertaken to ensure that future technical regulations and 
conformity assessment procedures will be notified at an early stage in accordance with the 
TBT Agreement 's trans parency requirements?  
21. Please provide a functioning web link to the database.  WT/TPR/M/356/Add.1  
 
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  22. What steps has Nigeria taken to better fulfil the WTO TBT Agreement notification 
requirements in Article 3 of the WTO TBT Agreement?  
23. Are non -Nigerian stakeholders able to partici pate in the development of standards in 
Nigeria?  
24. Are there any exceptions to who can participate?  
25. What reforms has Nigeria undertaken to ensure that future SPS measures will be notified at 
an early stage in accordance with the SPS Agreement 's transparency requirements?  
26. What are the specific registration requirements for processed, semi -processed, and 
packaged water?  
27. What is the relevant scientific basis for on -site facility requirements?  
28. Please explain how importers categorically lack the capacity to cope  with safety 
requirements while domestic distributors uniquely have that capacity.  
29. Given that observership provides opportunities to engage with GPA Members on government 
procurement issues more broadly without taking on any obligations, has Nigeria consid ered 
requesting to become an observer to the GPA?  
30. Can Nigeria provide a list or explanation of the situations in which direct contracting is 
allowed under domestic law, and has there been any investigation as to why there is such a 
large value of direct c ontracting awards in Nigeria?  
31. When does Nigeria plan to deposit the appropriate instruments of ratification with WIPO in 
order to complete their membership in these treaties?  
32. Are these treaties self -executing in Nigeria?  
33. What is the current status of the d raft copyright act that was forwarded from the Nigerian 
Copyright Commission to the Attorney General in late 2016 or early 2017?  
34. Is the current draft version available or will it be made available for public comment?  
35. What changes are proposed to address co pyright in the digital age?  
36. When was the Joint Committee established? In addition to carrying out anti -piracy 
operations, does the Nigerian Copyright Commission have any other role in the Joint 
Committee?  
37. What kind of state financial support is expected to  be provided to establish such entities?  
38. What role is the entertainment sector taking in improving the protection afforded by the 
intellectual property rights regime?  
39. Could you identify the issues that they are interested in addressing?  
40. What steps is the  Government taking or planning to take that reflect "stricter " enforcement 
against piracy in copyright and patent -related industries in Nigeria?  
41. Can Nigeria please clarify whether these regulations pertain specifically to the application of 
antidumping, c ountervailing, and safeguards measures?  
42. Also, please elaborate on the specific steps being taken to prepare these domestic 
regulations and laws.  
43. When do you expect to have draft regulations and laws for review by this body?  
44. Finally, will these draft regul ations and laws be made available to the public for review and 
comment prior to finalization or implementation? If so, how will parties be made aware of 
the draft regulations and law and their opportunity to provide comments?  
45. How does the government intend  to reconcile these two objectives?  
46. What are Nigeria 's plans to notify Category B and C commitments to the WTO?  WT/TPR/M/356/Add.1  
 
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  47. What aspects of trade facilitation will Nigeria collaborate on across the region?  
48. Do these plans fall under TFA obligations, or go beyond those  commitments?  
49. What is the policy rationale for this measure?  
50. How does the Government of Nigeria accommodate foreign internet platforms that do not 
have the ability to comply with the measure?  
51. How does the Government of Nigeria define a value -added service ?  
52. Upon what types of ICT companies has the Government of Nigeria sought to enforce this 
measure?  
Answers:  
  
1. To ensure a solid foundation for customs automation, the plans and the efforts include: 
reduction of processes and documents required for import an d export; simplification and 
harmonization of procedures; creation of data base; time and cost reduction through 
partnership approach with all agencies or government, the use of modern and scalable 
technology as well as provision of adequate infrastructure  and logistics.  
2. The changes will be made consistent with our implementation commitments, as designated 
in Nigeria 's category B and C measures respectively, as notified to the WTO Secretariat 
under the Trade Facilitation Agreement (TFA) . 
3. Yes. 
4. All. 
5. The oper ationalization of the African Union decision to impose 0.2 % levy is yet to be worked 
out. Consultations are ongoing. To this end, the issue of how Nigeria intends  to impose this 
level has not arisen . 
6. Same as 5 . 
7. Please refer to the response to question 5 . 
8. Health and Safety reasons . 
9. Health reasons and they require permits . 
10. No. 
11. The measure is temporary sequel the fall in the Petroleum prices which led the decline in 
accretion to the Foreign Reserves, the Central Bank of Nigeria (CBN) put in place some 
measures  to streamline access to Foreign Exchange through the official window and in June 
2015, 41 import items were listed as "Not Valid for Foreign Exchange " from any of the local 
foreign exchange markets. The 41 items were temporarily regarded as non -priority, in view 
of level of Foreign Reserve. It should be noted however, that the items listed were not 
banned from being imported into the country but the Bank had to prioritize on items that are 
critical to the growth of the economy for importation.  
Meanwhile, a ny importer wishing to bring in any of the items listed on the 41 items list was 
free to do so provided they obtained express approval of the Central Bank of Nigeria with 
clear evidence that foreign exchange would not be sourced from any of the local forei gn 
exchange  markets. It is worthy of note to state that some items which had hitherto been 
wrongly classified by Authorised Dealers (ADs) and denied access to foreign exchange from 
the local markets had been listed and commu nicated to the ADs accordingly.  
12. These programs are applied to both domestic and foreign investors, and the products are 
also made for the domestic market. Therefore, these programs are being specifically 
targeted as part of Nigeria 's export promotion strategy.  WT/TPR/M/356/Add.1  
 
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  13. The Nigerian Export Impor t Bank has a broad mandate of diversifying the Nigerian economy 
and developing the external sector through the provision of the following services:  
-  Credit Facilities in bo th local and foreign currencies;  
-  Risk-bearing facilities - Export Credit Guaran tee & Export Credit Insurance ; 
-  Business Development and Financial Advisory Services ; and  
-  Trade & Market Information  
 
Credit/guarantee facilities are basically in terms of working capital support (Pre and Post 
Shipment) and Project financing. The Bank s intervention in the agriculture sector is not for 
primary production but value added agro processing.  
  
The Banks trade finance products and services are essentially self -liquidating with facilities 
granted on competitive commercial terms having interest  rate, fees and charges according 
to the guidelines of the various facilities . 
14. None. 
15. None. Since 2015 till date ,there has been no support to farmers and fishermen  
16. a) Nigerian Content is not 'Nigerianisation ' or exclusion of foreign participation in the O il & 
Gas Industry but rather an implementation model which provides sufficient opportunities for 
participation of multinationals, Original Equipment Manufacturers (OEMs) and Offshore 
Vendors in a mutually beneficial manner. b) Article 2(1) of the TRIMS Agr eement states that 
the Agreement is without prejudice to  other rights of and obligations of Members under 
GATT 1994. In line with GATT Article XVIII, members are allowed to take certain measures 
that are  aimed at enabling its developmental objectives (GATT  1994 Article XVIII (1) which 
states that 'the contracting parties recognize that the attainment of the objectives of this 
agreement will be facilitated by the progressive development of their economies (…) '.) On 
this basis, The NOGICD Act has the main pur pose of  promoting economic development. The 
Oil and Gas Industry is the main source of government revenue and has not impacted 
positively on the wellbeing  of Nigerian citizenry particularly the oil producing communities 
prior to the commencement of NOGICD Act, 2010. The Act therefore, seeks to develop skills 
and local capacities that are specific to the oil & gas operations and its ancillary industries. 
Similarly, the Act also serves as a means of generating employment for the teeming youths 
of the host com munities and Nigeria in general towards achieving the nation 's 
developmental goals.  c) Article XXI of GATT 1994 also provides that nothing in this 
agreement shall be construed as: i. To require a member to furnish any information the 
disclosure of which it  considers contrary to its essentials security interests; or ii. to prevent 
any contracting party from taking any action which it considers  necessary for the protection 
of its essentials security interests. d) The Oil and Gas producing areas of the Niger D elta 
have been restive in the past as a result of exclusion of its indigenes from the Oil and Gas 
Sector. The NOGICD Act is helping to address restiveness in the area by increasing local 
participation in the Oil and Gas Industry. It also helps protect Fore ign Investment and 
makes for collaboration and partnership. e) It is also important to note that Nigeria 's trading 
partners are allowed to register their companies or incorporate them as Nigerian companies 
to enable them leverage on opportunities provided in the NOGICD Act, 2010.  
17. a) Requirements for data localization as stated in the 2013 Guidelines for the Nigerian 
Content Development in the Information and Communications Technology sector was one of 
the measures that was put in place to foster development  of in‐country capacity in the  area 
data base warehousing, management and operation.  The guideline was also put in place as 
part of measure to ensure that critical data are secured within the nations borders. These 
measures are in line TRIMS Agreement and the GATT Agreement as highlighted below b) 
Article 2(1) of the TRIMS Agreement states that the Agreement is without prejudice to other 
rights of and obligations of Members under GATT 1994. In line with GATT Article XVIII, 
members are allowed to take certai n measures that is aimed at enabling its developmental 
objectives (GATT 1994 Article XVIII (1) which states that 'the contracting parties recognize 
that the attainment of the objectives of this agreement will be facilitated by the progressive WT/TPR/M/356/Add.1  
 
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  development o f their economies (…) '.) c) Article XXI of GATT 1994 also provides that 
nothing in this agreement shall be construed as: i. To require a member to furnish any 
information the disclosure of which it considers contrary to its essentials security interests; 
or ii. to prevent any contracting party from taking any action which it considers necessary  
for the protection of its essentials security interests.  
18. Non-compliance:  failure to comply with the provisions of mandatory Nigeria industrial 
standards and legal di rectives (enforcement /surveillance) for products, process and 
systems.  
Where compliance is not on performance/Characteristics of products/services corrective 
action is allowed under the supervision of competent officers.  
Where there is failure on performa nce/ characteristics, products are seized and destroyed.  
When non -compliance involve the need for company to take corrective action such as 
labelling requirements, company may be penalized by asking the company to pay refundable 
fees pending when actions a re taken . 
19. Draft National Quality Policy has been submitted to Honourable Minister Federal Ministry of 
Industry Trade and Investment is currently awaiting Federal Executive Council approval.  
20. SON has been designated as the Notification body on TBT Agreement,  The reforms are as 
follows:  
- SON is in the process of creating links with the appropriate regulating bodies in Nigeria to 
ensure that as soon as regulations are in place it is notified.  
- SON assigned a desk officer responsible for searching and reviewing va rious regulatory 
bodies.  
- SON standards as soon as approved by SON Council would be notified.  
- All SON guidelines and procedures on conformity assessment are now on public domains -
SON websites, 34 State Offices, SON digital library, Abuja and Lagos offices.  
 
21. Son.gov.ng/library . 
22. See as in 40 . 
23. The Engagement is not based on individual. It is based on stakeholders and they in turn 
nominate the persons to participate (Producers, Consumers, Regulators, Advocacy Groups, 
Researchers, Academia) based on subject matte r. 
Yes, if nominated by Company, Sectoral group and as applicable to standards to be 
developed . 
24. No. 
25. Nigeria is making efforts through capacity building and the set-up of systems to ensure early 
notification of future SPS measures. This has led to 16 notifi cations . 
26. It is based on the relevant Nigerian Industrial Standards/Regulations:  
- NIS 554 - Nigerian Standard for Drinking Water Quality.  
- NIS 306 – Standard for Potable Water.  
- NIS 977 – Standard for bottled packaged drinking water (Other than natural mineral 
water).  
- Importer/Exporter must have been registered by agency of the country charged with the 
responsibility for company and trade mark registration (SON)/ The requirements are 
available on the following Link: http://nafdac.gov.ng/index.php/guidelines/food -
guidelines  (NAFDAC)  
 
27. It is based on the relevant Nigerian Industrial Standards/Regulations.  
 WT/TPR/M/356/Add.1  
 
- 13 - 
 
  - Competence and experience of technical staff (SON)/ Good Hygienic Practice (GHP) and 
Hazard analysis and critical control points or HACCP for on -site facilities requirements 
(NAFDAC) . 
 
28. The details of the capacity required are as seen in the applicable Standards:  
 
- NCP 13:2004 Code of Hygienic Practice for Fresh Meat.  
- NCP 16:2004 Code of Hygien ic Practice for Processed Meat and Poultry Products.  
- NCP 17:2004 Code of Practice for Fish and Fishery Products (SON)/ Importer 's 
capacity is higher than those of local distributors who experience challenges in 
keeping cold chain for the items. Both Import ers and distributors experience the same 
poor power infrastructure currently in Nigeria (NAFDAC).  
 
29. The decision to become an observer to the GPA will be given consideration at appropriate 
time. 
30. Direct contracting is allowed where:  
 
(a) goods, works or serv ices are only available from a particular supplier or contractor, or 
if a particular supplier or contractor has exclusive rights in respect of the goods, works 
or services, and no reasonable alternative or substitute exits; or  
(b)  there is an urgent need for the goods, works or services and engaging in tender 
proceedings or any other method of procurement is impractical due to unforeseeable 
circumstances giving rise to the urgency which is not the result of dilatory conduct on 
the part of the procuring ent ity; 
(c)  owing to a catastrophic event, there is an urgent need for the goods, works or 
services, making it impractical to use other methods of procurement because of the 
time involved in using those methods ;  
(d)  a procuring entity which has procured go ods, equipment, technology or services from 
a supplier or contractor, determines that:  
i. additional supplies need to be procured from that supplier or contractor because 
of standardization,  
ii. there is a need for compatibility with existing goods, equipment, te chnology or 
services, taking into account the effectiveness of the original procurement in 
meeting the needs of the procurement entity,  
iii. the limited size of the proposed procurement in relation to the original 
procurement provides justification,  
iv. the reasona bleness of the price and the unsuitability of alternatives to the goods 
or services in question merits the decision.  
(e)  the procuring entity seeks to enter into a contract with the supplier or contractor for 
research, experiment, study or development, ex cept where the contract includes the 
production of goods in quantities to establish commercial viability or recover research 
and development costs; or  
(f)  the procuring entity applies the Act for procurement that concerns national security, 
and determines  that single -source procurement is the most appropriate method of 
procurement.  
31. Essentially, the Federal Executive Council recently approved for Nigeria to ratify these 
treaties. However, due to other formalities that will be undertaken, without committing to a 
specific date, we are cautiously optimistic that Nigeria will deposit the appropriate 
instruments of ratification to WIPO at the next General Assembly of WIPO scheduled to hold 
in October, 2017 . WT/TPR/M/356/Add.1  
 
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  32. Nigeria is working to domesticate these treaties into th e Nigeria Copyright Law under the 
ongoing reform of the Copyright Act in order to make them take effect in Nigeria.  
33. The draft Act is still undergoing appropriate legal fine -tuning at the Federal Ministry of 
Justice for onward transmission to the National A ssembly as an Executive Bill.  
34. Extensive consultations were undertaken to get public input before and after coming up with 
the draft bill. However, the draft bill will be open to public comment even up to when it gets 
to the National Assembly as the Nationa l Assembly will normally hold public hearing on the 
bill. 
35. The draft act in addressing copyright in the digital age, which was not provided for all in the 
existing act, made the following provisions: issuance of notice for takedown of infringing 
content; pr ocedure for effecting a takedown of such content as well as suspension of 
account of repeat infringers; limitation of liability of service providers with respect to 
information residing on systems or networks at the direction of users; use of information 
location tools; and blocking access to online i nfringing content.  
36. At the time of this response, it could not be confirmed if there actually exist an officially 
constituted and functional Joint IPR Action Plan Committee.  
37. The exact situation is unclear at thi s stage . 
38. The role taken by the Entertainment and Creative Sector in improving the protection 
afforded by the intellectual property rights regime is to partner with Government to sanitize 
the industry.  
39.  
- Strengthening the enabling laws and mass re -orientatio n of the public and stakeholders 
on Intellectual Property Rights;  
- Development of technologies to prevent and fight piracy;  
- Establishment of cinemas and viewing centres  as channels for immediate distribution of 
films to forestall piracy;  
- Empowerment of regu latory and enforcement Agencies to effectively carry out their 
mandates;  
- A comprehensive data on the contribution of the sector to the country 's GDP;  
- Legislation of stiff penalty on infringement of Intellectual Property Rights; and  
- A Presidential declara tion of War Against Piracy  
 
40.  In a bid to standardize  its enforcement operations, the copyright commission developed a 
checklist for anti -piracy operations and case file management for use by the commissions 
Copyright inspectors. The sustained enforceme nt action culminated in a drastic reduction in 
the level of copyright piracy. The government also put in place a mechanism for enhanced 
protection of foreign works, including other legitimate copyrights -based investments in 
foreign companies. Nigeria enjoy s a preferably perception in the global fight against 
copyright piracy. For example, Nigeria has for the period under review, consistently being 
removed from the United States 301 List of countries that are considered not to be seriously 
addressing copyrig ht piracy and other intellectual property crimes.  
41.  There is a bill before National Assembly for Anti -dumping, Safeguard Measures . 
42.  The law is not yet in force . 
43.  As soon as the internal technical consultation and coordination with the relevant stakeholder 
are completed . 
44.  Any draft bill for consideration by the National Assembly of Nigeria is usually subject to 
public hearing. While comments by the interested parties are duly taken into account by the WT/TPR/M/356/Add.1  
 
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  relevant legislative comity, with oversig ht function in their deliberations before the passage 
of such draft bill.  
45.  There is no conflict between the two objectives . 
46.  Nigeria has recently submitted its Category B and C Measures after completing its domestic 
consultation and ratifying proce ss. 
47.  Simpler Clearance procedure for all trade services and Cross border Joint Cooperation with 
other Custom administration so as to resolve any challenges .  
48.  Yes, within the scope of the TFA . 
49.  To promote intraregional trade as well as harmoniz ation of trade facilitating policies at the 
regional level . 
50.  Subject to applicable guideline . 
51.  A value -added service (VAS) Provider is any person or organization that engages in the 
provision of value -added mobile/fixed services, including premium rated services. The VAS 
Providers will have to sign a contract with a network operator enabling the provision of such 
services . 
52.  The telecommunications and broadcasting sectors in Nigeria are liberalized,  regulated 
separately and are open to foreign pa rticipation. However, this is subject to code of conduct 
and operational guidelines. Each category of service is regulated by a specific individual or 
class license, which prohibits the licensee from engaging in any activity that is not 
specifically licens ed. 
Follow -up questions:  
 
1.  Original U.S. Question (Question 8 in Nigeria 's response document)  
 
Page 43, paragraph 3.34, and pages 102 -103, Table A3.5: Nigeria maintains an Absolute Import 
Prohibition List on moral or safety grounds. Can Nigeria please e xplain what moral or safety 
grounds justify the prohibition of imports of the goods on that list, such as airmail photographic 
printing paper, beads composed of inflammable celluloid or other similar substances, blank 
invoices, exhausted tea, manilas, seco nd-hand clothing, etc.?  
 
Nigeria 's Response : 
 
Health  and Safety  reasons . 
 
Follow -up question : 
 
Please explain the reasoning behind why printing paper;  second -hand clothing, exhausted tea, and 
other products are prohibited due to "health and safety reasons. "  What specific health and safety 
goals are met by excluding imports of such products?  
 
Answer:  
 
Not available.  
 
2.  Original U.S. Question (Question 18 in Nigeria 's response document)  
 
Page 50, paragraph 3.81: The Secretariat report states that the Stand ards Organization of Nigeria 
Act, 2015 "increases penalties for non -compliance. " How is "non-compliance " defined, and what 
types of penalties are given for non -compliance?  
 WT/TPR/M/356/Add.1  
 
- 16 - 
 
  Nigeria 's Response :  
 
Non-compliance: - failure  to comply  with the provisions  of mandatory  Nigeria  industrial  standards  
and legal directives  (enforcement  /surveillance)  for products,  process  and systems.  
 
Where  compliance  is not on performance/Characteristics  of products/services  corrective  action  is 
allowed  under  the supervision  of compe tent officers.  
 
Where  there  is failure  on performance/  characteristics,  products  are seized  and destroyed.  
 
When  non-compliance  involve  the need for company  to take corrective  action  such as labelling  
requirements,  company  may be penalized  by asking  the company  to pay refundable  fees pending  
when  actions  are taken . 
 
Follow -up question : 
 
Could  Nigeria  further  explain  what types  of "corrective  action " can be taken  with respect  to 
violations  that are "not on performance/characteristics  of products/services "? 
 
Answer:  
 
Types  of corrective  action  are actions  to remove  causes  of failure : 
 
i. Machine  related  (failures,  aging)  
ii. Operating  Personnel  (incompetence)  
iii. Activities  related  
iv. Material  such as raw material  related  
v. Faulty  Instructions  
 
Procedure  
 
The organisation  is required  to: 
 
i. investigate  and establish   the immideate  and remote  causes  of non-compliancee.g  
looking  at there  processes;  resources  and related  activities  
ii. Establish  the actual  causes  of non-compliance  
iii. Submit  report  on the investigations  and recommendations  for corrective  actions  
iv. SON would  review  the submission  from the organisation  and request  for corrective  action  
based  on the approved  recommendations  
v. Implement  the corrective  action  based  as per the plan in iv 
vi. SON would  verify  the corrective  actions  taken  and establish  the effectives  over a period  
of time of operation  
 
3.  Original U.S. Question (Question 19 in Nigeria 's response document)  
 
Page 50, paragraph 3.82:  What is the status of the National Quality Policy draft?  If it is still in the 
process of b eing drafted, when will the revised draft be notified in accordance to WTO TBT 
requirements?  
 WT/TPR/M/356/Add.1  
 
- 17 - 
 
  Nigeria 's Response : 
 
Draft National  Quality  Policy  has been submitted  to Honourable  Minister  Federal  Ministry  of 
Industry  Trade  and Investment  is currently  awaiti ng Federal  Executive  Council  approval.  
 
Follow -up question : 
 
Can Nigeria  confirm  that the Draft National  Quality  Policy  will be notified  to the WTO TBT at an 
early enough  stage  to allow at least 60 day for members  to submit  comments,  and sufficient  time 
to ensure  that the revisions  to the draft address  member  concerns?  
 
Answer:  
 
Yes, Nigeria would make the draft NQP available to the public for comments at an early 
date. 
 
4.  Original U.S. Question (Questions 32 and 33 in Nigeria 's response document, 
specifi c questions in italics)  
 
Page 57, table 3.12:  The table of conventions and treaties in the Secretariat Report indicates that 
Nigeria signed the WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty in 
1997 and the Marrakesh Treaty to Facilitat e Access to Published Works for Persons Who Are Blind, 
Visually Impaired or Otherwise Print Disabled in 2013, but none of these treaties are currently in 
force in Nigeria.  When does Nigeria plan to deposit the appropriate instruments of ratification with 
WIPO in order to complete their membership in these treaties?  Are these treaties self -executing in 
Nigeria?  
 
Page 58, paragraph 3.132:  The Secretariat Report notes that the current governing copyright law 
is the Copyright Act of 1988 (as amended in 1999) .  What is the current status of the draft 
copyright act that was forwarded from the Nigerian Copyright Commission to the Attorney General 
in late 2016 or early 2017?  Is the current draft version available or will it be made available for 
public comment?  What changes are proposed to address copyright in the digital age?  
 
Nigeria 's Responses : 
 
32. Nigeria  is working  to domesticate  these  treaties  into the Nigeria  Copyright  Law under  the 
ongoing  reform  of the Copyright  Act in order  to make  them take effect  in Nigeria.  
 
33. The draft Act is still undergoing  appropriate  legal fine-tuning  at the Federal  Ministry  of Justice  
for onward  transmission  to the National  Assembly  as an Executive  Bill. 
 
Follow -up question : 
 
Nigeria 's response notes that the WCT, WPPT, and  Marrakesh Treaty are not self -executing, and 
that Nigeria is working to domesticate them into the Nigerian Copyright Law through the ongoing  
reform of the Copyright Act.  How does Nigeria plan to implement the treaties? Please note the 
specific implementa tion provision in the draft copyright bill.  
 
Answer:  
 
Nigeria is working to domesticate these treaties into the Nigeria Copyright Law under the ongoing 
reform of the Copyright Act in order to make them take effect in Nigeria. The implementation of 
the vari ous Copyright treaties to which Nigeria is signatory to, will be through the inclusion of 
various provisions in the draft Copyright Bill that reflects the obligations under the treaties. The 
following provisions, among others, are envisaged i n the current copyright reforms:  
 WT/TPR/M/356/Add.1  
 
- 18 - 
 
  WCT/WPPT (1996)  
 
 Wider definition of works and rights granted in a technologically neutral manner to include 
actions carried on in the digital environment (right of communication to the public and right 
of making available of works);  
 Provisions regarding safeguarding of technological Protection Measures;  
 Provisions regarding safeguarding of rights management information;  
 Provisions in respect of measures for online infringement, including notice and take -down 
procedures;  
 Definition of th e extent of liability of intermediaries in the online environment.  
Beijing Treaty for Audiovisual Performances (2012)  
 
 Expansion of rights of audiovisual performers in line with the provisions of Beijing treaty 
(rights of making available of fixed perform ance and rights of communication to the public).  
 Provision on transfer of rights in line with Article 12 of Beijing;  
 Protection of TPMs and RMIs  
Marrakesh Treaty  
 
 The draft bill provides exceptions with respect to making available of accessible format 
works for the benefits of the blind and people with visual impairments in line with the 
Marrakesh treaty.  
 
 There is provision for cross border exchange of accessible format works  
 
5.  Original U.S. Question (Question 19 in Nigeria 's response document)  
 
Page 59 , paragraph 3.134:  The report references a Joint IPR Action Plan Committee.  When was 
the Joint Committee established?  In addition to carrying out anti -piracy operations, does the 
Nigerian Copyright Commission have any other role in the Joint Committee?  
 
Nigeria 's Response : 
 
At the time of this response,  it could  not be confirmed  if there  actually  exist an officially  
constituted  and functional  Joint IPR Action  Plan Committee.  
 
Follow -up question : 
 
The Secretariat Report (WT/TPR/S/356, p. 59, paragraph 3.1 34) noted that a Joint IPR Action Plan 
Committee has been established, but Nigeria 's response states that it was unable to conf irm that 
the Committee exists. Is Nigeria still planning to institute the Committee?  If so, what is the 
timeline for establishme nt? 
 
Answer:  
 
The information required is not available at this time . 
 WT/TPR/M/356/Add.1  
 
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  SEPARATE CUSTOMS TER RITORY OF TAIWAN, PE NGHU, KINMEN AND MAT SU 
Questions:  
1. Does Nigeria have any plans to immediately improve the customs clearance process for 
imports?  
2. Please elaborat e on the relevant practices and measures.  
3. Please explain the content, format, and requirements for the "export certificate " mentioned 
above that are necessary from the exporting country for fresh plants and plant products as a 
prerequisite document for an  import permit application.  
4. Please provide any information regarding operational procedures and processing time 
required for issuing an import permit for plants, seeds, oil, artificial fertilizers, and other 
relevant products.  
5. Please elaborate on any new measures Nigeria plans to take to enhance IPR protection and 
thus, further facilitate trade and investment.  
6. Can Nigeria please explain what measures it would take to implement the TFA effectively in 
order to streamline import and export procedures?  
7. Does N igeria plan to establish an electronic customs clearance system?  
 
Answers:  
1. Yes. 
2.  Introduction of simplified clearance processes and procedure, Post Clearance audit, 
e-Payment, Risk Management . 
3.  Sanitary and Phytosanitary certificates are required  for importations of plants, animals and 
aquatic resources in Nigeria. Any plants or plant products, animal or animal products, 
aquatic resources and its products intended for export in Nigeria must be declared to the 
Nigerian Agricultural Quarantine Servi ce (NAQS) at least 24 hours before the time of 
departure. The use of processes, equipment, as well as materials that are capable of 
undermining public health, sanitation, and endangering the agricultural economy are 
prohibited.  
4.  Operational Procedure f or issuing an import permit : 
Plant Quarantine Department of NAQS applies the following Phytosanitary measures to 
regulate plants/plant products importation:  
a) Prospective Importer applies through the Coordinating Director NAQS, to the Director 
Plant Quaranti ne. 
b) Prospective Importer completes Request for Plant Importation Permit, stating:  
 Where the plant material will be used  
 Purpose or reason for the importation  
 Mode of Transportation e.g. Air, Sea, Land  
 Port of Entry  
 Supplier 's Name/Address  
 Full Name of Impo rter and Address  
 Common Name and Botanical Name of Plant Material/Quantity  
 
c) Application is approved or rejected . 
d) If application is approved, an Import Permit is processed after Pest Risk Analysis, PRA 
is carried out . WT/TPR/M/356/Add.1  
 
- 20 - 
 
  e) Import permit is issued statin g all Conditions to be met by : 
Import Clearance at Port of Entry  
 
a) Plants/Plant Products and Regulated Articles shall upon importation into Nigeria, be 
subjected to inspection by an Authorised Plant Quarantine Inspector.  
b) Authorised Plant Quarantine Inspecto r will verify that the consignment of plants/plants 
products is accompanied by an Import Permit and in some cases Phytosanitary 
Certificate of Country of Export.  
c) An authorised Plant Quarantine Inspector may agree to carry out inspection at the 
final destin ation after ascertaining that the container is properly sealed with 
prescribed markings  and upon approval by Customs for the container to be 
transferred to the facility of the consignee.  
Measures taken After Inspection  
 
a) If upon inspection carried out, A uthorised Plant Quarantine Inspector verifies that the 
documentation and consignment comply with the Phytosanitary requirements as 
stated in the Import Permit, he will issue a Phytosanitary Inspected and Released 
Certificate.  
b) If upon inspection, Authori sed Plant Quarantine Inspector determines that the 
imported consignment is not accompanied by any relevant documentation for Plant 
Importations or does not meet Phytosanitary requirements established in the Import 
Permit, or presents any risk for the intro duction or spread of pests, the imported 
plant/plant products will be subjected to:  
 
 Laboratory tests  
 Appropriate treatment for disinfection/disinfestation.  
 Re-exportation  
 Confiscation, or  
 Destruction by a means to be specified at the importer 's expense.  
 
Post Entry Quarantine  
 
a) If upon inspection or as may be stated on the Import Permit, the Authorised Plant 
Quarantine Inspector determines that a consignment of plants/plant products requires 
further Phytosanitary Screening;  he/she will direct that:  
 
 Consignment is moved straight to NAQS Post Entry Quarantine facility.  
 Consignment is released after appropriate Phytosanitary Screening/treatment.  
 
Processing Time: The average processing time for processing an import permit for plants, seeds 
and oils (unproce ssed) is 24 hours.  
 
5.    Apart from the civil remedies available to the owner of copyright whose work has been 
infringed, the current Copyright Act also provided for criminal prosecution of copyright 
infringers under section 20. Under this provision, the Commission conducts anti -piracy raids 
against copyright infringers; arrest suspects and prosecute them in court. From 2011 to first 
quarter 2017, the Commission has secured fifty -seven (57) convictions against copyright 
offenders at different Federal High Court jurisdictions across Nigeria. In addition, the 
Commission conducts surveillances and inspections, sometimes using informants to find out 
where copyright infringement is going on with a view to conducting anti -piracy operations. 
The Commission is also  strengthening its inter -agency cooperation with the Nigerian 
Customs Service to intercept infringing copyright works coming into the country through the 
air, land and sea. Again, from 2011 to first quarter 2017, the collaboration with the Nigeria 
Customs Service has resulted in the confiscation of 28 shipping containers of infringing WT/TPR/M/356/Add.1  
 
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  books and audio -visual works. Further, the Commission is deepening its collaborations with 
the Nigeria Police and other relevant government agencies and private stakeholders 
associations ' for information sharing and synergy to enhance IPR protection.  
6.   Use of scanners; Risk management and Reduction in documents required through data 
harmonization . 
7.  YES/Upgrade of current system . WT/TPR/M/356/Add.1  
 
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  CHINA  
Questions:  
 
1. What measures has Nigeri a taken to facilitate the integration of its economy into global 
value chain?  
2. Does Nigeria have any detailed plan to open up to the outside world and reform at home? If 
yes, could Nigeria please introduce this plan and the expected timetable for the 
implem entation of this plan?  
3. Has Nigeria considered accelerating the development of its manufacturing industry and 
better integrating into the global value chain by strengthening the cooperation with China, 
aligning the development strategies of both sides and m aking good use of the strategic 
opportunity of the Belt and Road Ini tiative?  
4. According to the report, companies active in the oil and gas sectors are subject to different 
petroleum profits tax. Could Nigeria please indicate what is the petroleum profits ta x for 
non-resident companies engaged in oil field service?  
5. Has the anti -monopoly review system for the mergers and acquisitions been included in the 
competition bill under consideration? If there is any specific provision on such system, 
please indicate wh at are the detailed standards for declaration and review?  
6. Please explain the specific procedures prescribed by the Investment and Securities Act of 
1999? Are enterprises required to declare in advance? What are the standards for the 
declaration? What are t he specific provisions regarding the guarantee of the transparency of 
law enforcement and procedural rights of the persons involved? What is the relationship 
between this Act and the requirements on the mergers and acquisitions review in the 
competition la w under consideration?  
7. Please further explain the provisions on the procedures for the recognition of famous 
trademarks and provisions on the special protection of famous trademarks in Nigeria.  
8. Please provide the total amount of subsidy granted to farmers participating in ATA and the 
average subsidy granted to every household every year.  
9. Does Nigeria have any purchasing policy or price support policy for rice, wheat and other 
important crops? If yes, please make a brief introduction to those policies and ev aluate their 
implementation effect.  
10. Please introduce the effects on the consumption of cassava driven by the implementation of 
this policy.  
11. Has the new draft of PIB been executed? If not, when will it be executed? What are the 
responsibilities of the nati onal oil company and the Nigeria Petroleum Assets Management 
Company respectively? What are influences on the operation of IOCs and oilfield services 
companies in Nigeria?  
12. How does Nigeria evaluate the current external debt situation? Will Nigeria take an y 
controlling measures?  
13. Could Nigeria please elaborate on the legal basis, procedures and related laws and 
regulations regarding the execution of court rulings or international arbitration awards? Are 
there any time limits for the recognition and execution  of these awards in Nigeria? What 
legal instruments can the party resort to in the malicious delay of an execution? What 
measures will Nigeria take to further improve its investment environment?  
Answers:  
 
1. Nigeria has taken steps to facilitate the integrati on of its economy into global value chain 
through Nigeria Industrial Revolution Plan (NIRP) as a policy to industrialize and make 
Nigeria competitive; the Zero Oil Plan implemented by the Nigerian Export Promotion WT/TPR/M/356/Add.1  
 
- 23 - 
 
  Council (NEPC) and National Export Strateg y, a strategy for exports of professional services 
- currently under review.  
2. Yes. The plan is embedded in the Economic Recovery and Growth Plan (2017 -2020) which 
was recently launched by the Government. The Plan has delivery strategy which would 
enable the  Government to track progress against set target, identify and tackle challenges 
as they emerge through a consistent and credible monitory and evaluation framework.  
3. Yes. 
4. There is no different tax regime in the oil sector for non -resident companies.  
5. At this time, it cannot be confirm simply because the Bill is currently under consideration in 
the National Assembly.  
6. Under the old Investment and Securities Act of 1999, there was a blanket provision as to the 
procedures for mergers irrespective of size. Howev er, under the new Investment and 
Securities Act of 2007, each merger threshold has its own set out procedures. There are 
different procedures for the categories of mergers because the procedures for small, 
intermediate and large mergers are not the same. H owever, the procedures are self -
explanatory. Yes, enterprises are required to declare in advance. The standards are 
prescribed by the Securities and Exchange Commission as contained in the rules and 
regulations 2013. Both the new Act, 2007 and the Securiti es and Exchange Commission 
rules and regulations, 2013, provide for such guarantee as well as transparency. At this 
time, we are not in a position to establish the relationship and distinction between the two, 
given the stage of legislative action.  
7. Even t hough the procedures are embedded in the law, Nigeria is yet to fulfil the legal 
requirement for implementing the law . 
8. Per farmer, it is 50% of cost of input is provided by Government. The total amount involved 
is not available . 
9. Clarity on this would be pr ovide d later. 
10. The proposed petroleum industry legislation falls into 3 categories 1. Petroleum Industry 
Governance Bill 2. Upstream Acreage management bill 3. Petroleum Fiscal Reform Bill.  
11. The senate recently passed the Petroleum Industry Governance Bill,  this however awaits 
reconciliation with the House of Representatives. The key features in the Governance bill are 
a single independence regulatory commission that will govern upstream, midstream and 
downstream sectors of the industry. The governance Bill also creates  a national oil company 
that operates its own asset and the asset management company that is assets manager. 
The governance also create a liability company which inherit NNPC toxic assets .The National 
oil Company is a company with operating ca pability while the National Asset Management 
Company is an asset manager without an operating role. It is government view that 
streamlining the regulation will have a positive impact on the industries as a whole including 
IOCs and oilfield Services Company . Government policy is to limit the growth of bureaucracy 
while expanding investment opportunities in industry.  
12. Changes in the global economy, accompanied by the fall in crude oil prices had created 
financial vulnerabilities for the Nigerian Government.  
As you are aware, the National Bureau of Statistics (NBS) has officially confirmed that 
Nigeria is in economic recession, which had suffered two consecutive quarters of negative 
growth. The Nigerian economy contracted by 2.06% in the 2nd Qtr of 2016, sliding  further 
from a negative growth of 0.36%, which was experienced in the 1st Qtr of 2017. This 
economy downturn in Gross Domestic Product (GDP) was occasioned by the collapse of 
crude oil prices, security setbacks in the North -East, and Oil theft and oil pip eline vandalism. 
This challenge culminated to increasing unemployment, rising inflation, weakening national 
currency, declining foreign exchange reserves and weakening balance of payments.    WT/TPR/M/356/Add.1  
 
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  The discovery of shale oil and high investment in alternative en ergy in the USA and other 
developed countries could further reduce demand for crude oil. This could induce a 
significant fall in foreign exchange earnings, external reserves and fiscal revenues.  
According to the Debt Management Office (DMO), the nation 's total indebtedness to foreign 
and local creditors now stands at N19.16tn. This is a N1.8tn increase from the N17.36tn 
recorded at the end of December 2016. As of 31 March , 2015, the country 's total debt stood 
at N12.06tn. This means the debt level increased  by N7.1tn in two years.  
Nigeria 's debt hits N7.1tr increment under the present administration. The external debt 
component, however, has been affected by exchange rate variations. According to the DMO, 
the official exchange rate was pegged at N306.35 to $ 1. The domestic debt component of 
the states stood at N2.96tn as of 31 March , 2017.  
Although foreign debts are accounted as cheaper than domestic debts, the government has 
increasingly depended on domestic sources of borrowing as foreign donors place more 
stringent conditions before granting credit facilities to the government. The International 
Monetary Fund had recently projected that Nigeria 's indebtedness would climb to 24.1 % of 
the nation 's Gross Domestic Product by 2018. It said that the country 's current indebtedness 
would have reached 23.3 % of the GDP by the end of 2017.  
The country closed 2016 with a debt to GDP ratio of 18.6 %. By the end of 2015, Nigeria 's 
debt to GDP ratio stood at 12.1 %, according to the Bretton Wood institution.  
Nigeria 's GDP fo r the year ended 31 December , 2016 stood at N67.98tn, according to the 
National Bureau of Statistics. Going by the projection of 24.1 % for 2018, within three years, 
the nation 's debt to GDP ratio would have gone up by 100 %, from 12.1 % in 2015.  
Although, Ni geria's debt to GDP ratio is considered among the lowest in Africa, some experts 
have expressed worries about the increase in debt accumulation in recent years, while 
others are worried about the quality and utilization of the debts.  
The World Bank recentl y expressed concern over the debt servicing to revenue ratio, saying 
that reduced earnings might render the country 's debt unsustainable. A total of N1.84tn was 
provided in the 2017 budget for debt servicing.  
Nigeria 's debt profile is dominated by local de bts, which are characterized by high interest 
rates. Efforts are being made to secure more foreign debts and reduce the exposure of the 
Federal Government to the domestic debt market.  
Will Nigeria take control measures? i)The take -off of the Sovereign Weal th Fund in 2013, 
continued build -up of the country 's foreign reserves that is enough to cover almost one year 
of imports, adherence to the Fiscal Responsibility Act 2007, continued restructuring of 
expenditures in favour of capital expenditures, and severa l other fiscal consolidation 
initiatives would further stabilize and improve Nigeria 's fiscal position. ii) The medium term 
Debt Management Strategy recently approved by the Federal Executive Council is aimed at 
restructuring Nigeria 's debt reducing the co st of foreign borrowing and giving greater access 
to domestic and other funding sources to the private productive sector of the economy.  
13. Nigeria has its own arbitration Act and laws that seek to enforce arbitrary ruling and this is 
the Nigeria Arbitration and conciliation Act 2004. The Arbitration and Conciliation Act chapter 
(A) 18 laws of Nigeria 2004 is the National Arbitration law and mandatorily applies to all 
domestic arbitration where parties have not chosen any other law to govern their arbitration.  
Nigeria is a signatory to the New York convention and this means international arbitral ruling 
are enforceable subject to country by country reciprocity rules.  
The limits will be as imposed by the relevant treaties Nigeria has been entered into. In case 
of malicious execution, the party can go to a local court for judgment. Arbitral judgment can 
be enforced by the following means:  
 An action by the award itself.  
 By registration under the foreign judgment reciprocal enforcement Act of 1990.  WT/TPR/M/356/Add.1  
 
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   Under section 51  of Arbitration and conciliation Act 1990 as amended.  
 Under the New York convention 1958.  
 Under the international center for settlement of investment disputes convention.  
 Measures to improve investment environment includes:  
 Clarity of rules e.g. regulation s, laws, and policies  
 Investment Security  
 Political stability  
 Macroeconomic stability  
 
Follow -up questions:  
 
1. Nigeria 's trade -related legislation has remained largely unchanged since its last Trade Policy 
Review in 2011 (Table 2.1). Several laws in Nigeria  are outdated and new legislation for some 
sectors is pending approval by the National Assembly; including draft bills on  the metallurgical 
industry . 
 
Please explain the core content of the legislation on the metallurgical industry. Why do these 
legislatio ns fail to be approved by the National Assembly?  
 
Answer:  
 
The process of rule -making in Nigeria is iterative and can take a while, based on the legislative 
calendar of meetings. All legislations must be approved by the two chambers of the National 
Assemb ly and thereafter reconcile in a joint committee and be accented to by the President.  
 
Question:  
  
2. In Nigeria, customs valuation is based on the transaction value of the imported goods in the 
first instance. According to the authorities, in around 80% of c ases, import duties are based on the 
transaction value. If the transaction value is not available, then duty is determined based on the 
transaction value of identical goods or, when a comparison with identical goods is not possible, the 
transaction value o f similar goods is considered. In cases where none of the above methods are 
possible, the following are considered in order of preference: sales value in Nigeria of identical 
goods; sales value in Nigeria of similar goods; computed value; and lastly, a rea sonable value 
according to the customs authorities.  Apart from the valuation methods based on the transaction 
value, please explain whether the other valuation methods mentioned in this paragraph comply 
with the WTO rules on Customs Valuation? Please list relevant valuation regulations in Nigeria and 
provide detailed information.  
 
Answer:  
 
Yes. Nigeria is WTO Customs Valuation Agreement (CVA) compliant.  
 
Question:  
 
3. In some cases, Nigerian Customs finds it difficult to assess the valuation for a certain 
product. For example, it notes that it is difficult to confirm invoice value with transaction value. For 
social reasons, the government may maintain a minimum value on certain products, such as staple 
foods, second -hand goods and tyres, in which case the gov ernment sets a benchmark. The WTO 
rules on Customs Valuation specify that valuation by the minimum value should be completely 
eliminated. While certain products in Nigeria are still being valuated based on the minimum value. 
Please explain the reason.  
 
Answer:  
 
It is in line with WTO CVA Article VII . 
 WT/TPR/M/356/Add.1  
 
- 26 - 
 
  Question:  
 
4. The Nigerian Export Promotion Council is responsible for promoting non -oil exports by 
encouraging Nigerian exporters to increase their export volume, broaden export product and 
market coverage, an d diversify the productive base of the economy. Under the Export Act 
(Incentives and Miscellaneous Provisions) of 1992, as amended in 2004, the Export Expansion 
Grant (EEG) Scheme provides cash incentives for exporters based on the export value of their 
products. Applications for the EEG are assessed on "weighted eligibility criteria " (based on data 
provided by individual applicant companies): local value added (20%); local content (20%); 
employment of Nigerian nationals (20%); priority sector (10%); export  growth (25%); and capital 
investment growth (5%). The maximum EEG rates for different product categories are: finished 
goods, 30%; semi -finished goods, 15%; and primary goods, 15%; while the minimum rates are 
15%, 5%, and 5% respectively.  
  
Please clarify  the details of the Export Expansion Grant (EEG) Scheme.  
 
Answer:  
 
The Export Expansion Grant ( 'EEG' or 'the Scheme ') is one of the export incentives introduced by 
the Federal Government through the Export (Incentives and Miscellaneous Provisions) Act, No . 18 
of 1986 as amended by the Export (Incentives and Miscellaneous Provisions) Act, No. 65 of 1992, 
Cap. E19, Laws of the Federation of Nigeria (LFN). The EEG is non -cash post -shipment incentive 
(Negotiable Duty Credit Certificates were given to beneficia ries for the settlement of customs and 
excise duty) designed to improve the competitiveness of Nigerian products and commodities and 
expand the country 's volume and value of non -oil exports. With the 2016 review of the Scheme, 
Government abolished the use of NDCCs and introduced the Export Credit Certificates for the 
settlement of Tax by beneficiaries.  
 
The Scheme operates  a product -cum-company specific Weighted Eligibility Criteria template to 
assess beneficiary performance and determine the EEG rate appli cable to each company. The 2016 
review witnessed the upward review of the Eligibility Criteria and the downward review of the EEG 
rate from 5% -30% to 5% -15%.  
 
Question:  
 
5. Please give more information about the condition for the EEG based on the criteria.  
 
Answer:  
 
The criteria is based on the following:  
 
 An intending beneficiary must be registered with the Corporate Affairs Commission.  
 An eligible exporter must be registered with the Nigerian Export Promotion Council 
(NEPC)  
 An eligible exporter shall be a m anufacturer producer or merchant of products of 
Nigerian origin.  
 An eligible exporter must have carried out formal export with its export proceeds 
repatriated into a domiciliary account in Nigeria and confirmed by the Central Bank of 
Nigeria.  
 An exporter -company shall submit its baseline data which includes audited Financial 
Statement, information on operational capacity and Export Expansion Plan (EEP) to 
NEPC.  
 WT/TPR/M/356/Add.1  
 
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  Determination of Export Performance – Eligibility Criteria  
Eligibility Criteria  Threshold  Weigh t 
Local Value added  30%  20% 
Local Content  70% 20% 
Employment (Nigerians)  500 10% 
Export growth  5% 35% 
Capital Investment  10% 15% 
 Total Weight = 100%  
 
The Weighted Eligibility Criteria has four  bands: 15%, 10%, 7.5% and 5%. The following template 
will be used in assessing the incentive rate of every EEG applicant  
 
Question:  
 
6. Please explain whether the above -mentioned export incentives comply with the WTO rules, 
i.e. SCM agreement.  
 
Answer:  
 
It is compliant with WTO Agreement, Article XVIII on Gover nment assistance to economic 
development.  
 
Question:  
 
7. An investor interested in setting up an enterprise in one of Nigeria 's EPZs is required to 
complete and submit an investor 's application form along with the required documents such as 
four copies of fea sibility studies, four copies of an environment impact assessment Environmental 
Impact Assessment (EIA), a marketing strategy, sources of funding as well as a five -year financial 
projection plan. Could Nigeria please introduce the detailed procedures for c onducting the EIA in 
Nigeria?  
  
Answer:  
 
Detailed information would be provided later  
 
Question:  
 
8. Could Nigeria please introduce the procedures or qualifications required for conducting the 
EIA in Nigeria?  
  
Answer:  
 
Detailed information would be provide d later . 
 
Question:  
 
9. Could Nigeria please clarify whether a foreigner can conduct the EIA in Nigeria. If yes, what 
qualifications are required?  
 
Answer:  
 
Yes, a foreigner can conduct EIA in Nigeria. The qualification requirements include accreditation by 
the Federal Ministry of Environment or engage the services of an EIA consultant, accredited by the 
Ministry and with a valid accreditation certificate.  
 WT/TPR/M/356/Add.1  
 
- 28 - 
 
  Question:  
 
10. In order to benefit from the services of NEXIM, the exporter must be a duly registered 
Niger ian company and also be registered with the Nigerian Export Promotion Council (NEPC) as an 
exporter. The proportion to be financed depends on the type of facility/product: for pre -shipment, 
up to 75% of the value of the export; for post -shipment, up to 85%  of the value of the export; for 
rediscounting and refinancing of export bills, up to 100% of the invoice value; and for project -
related financing, up to 100% of the invoice value of the equipment provided it does not exceed 
80% of the total project cost. NEXIM charges up to a maximum rate of 2% for guarantee fees and 
1% for management fees for its guarantee facility. Please clarify the details concerning the 
different benefits received from NEXIM between different exporters based on the export value.  
 
Answ er:  
 
The benefits are categorized in different funding and risk bearing  interventions of the bank as 
follows:  
 
 Working Capital – Pre & Post Shipment for a maximum of one year to support export 
oriented enterprises [EOEs] to access funds for stockpiling o f seasonal goods, refinancing 
and/or rediscounting of export contracts through commercial banks etc.  
 Project Finance – Largely equipment finance to support EOEs to import capital goods 
(machineries) and or foreign input raw materials for value added export s, with medium 
to long term tenor.  
 Export Credit Guarantee – Credit enhancement instrument  
 Export Credit Insurance & Inter State Road Transit [ISRT] Scheme – both in view, and 
would be geared towards supporting EOEs to enter new markets as well as promote trade 
within ECOWAS.  
 Export Stimulation Facility (ESF) – intervention fund from the Central Bank of Nigeria at 
single digit interest rate to support exports to be purveyed as working capital and project 
finance.  
 
Question:  
 
11. Pursuant to the Industrial Deve lopment (Income Tax Relief) Act, Nigeria provides companies 
income tax holidays to "pioneer status " companies investing in specified industrial activities. The 
tax holiday is for three years and may be extended for up to another two years upon satisfaction  
of specified conditions. To qualify, a joint venture company or a wholly foreign -owned company 
must have a minimum share capital of N10 million and have incurred a capital expenditure of not 
less than N5 million. An application for pioneer status must be submitted within one year of the 
commencement of commercial production. Currently, there are 71 approved industries/activities 
with "pioneer status " in which companies may be engaged to benefit from the tax holiday. Please 
explain whether these tax incenti ves comply with the WTO rules, i.e. SCM agreement . 
 
Answer:  
 
Yes. It is in line with the WTO rules. The tax incentives are aimed at helping the approved 
industries to facilitate the attainment of progressive development of Nigeria 's economy. The tax 
incen tives therefore falls within Article XVIII of GATT 1994 and would therefore not be subjected to 
the SCM Agreement . 
 
Question:  
 
12. In 2011, the Federal Government introduced the Nigerian Minerals and Mining Regulation 
(NMMR) to streamline procedures for granti ng licences to investors (both local and foreign) in the 
form of mining titles. The regulation provided for the transfer of mining titles, subject to the WT/TPR/M/356/Add.1  
 
- 29 - 
 
  approval of the Minister; and for the right to search for, or exploit minerals in Nigeria. Mining titl es 
are issued on a first -come -first-served and use -it-or-lose-it basis, and are obtained through the 
Mining Cadastral Office. How to guarantee the land rights of mining right holder through of the 
legal system?  
 
Answer:  
 
The right to land use resides with  the State Government but the right to the minerals resources 
resides with the Federal Government and priority is given to Mining Rights as it is in the Exclusive 
Legislative List. A prospective investor is, however, required to liaise with the host commun ity and 
obtain their consent through a Community Development Agreement which is a condition for 
issuance of a mining title.  
  
Question:  
 
13. Licenses can be granted through competitive bidding or individual request. Under 
competitive bidding, mineral locations  are consolidated into blocks by the Government and such 
blocks are offered for sale to both local and foreign investors who have financial and technical 
capacities to undertake mining activities, especially for coal. The competitive bidding process 
includ es advertisement in the media; due diligence process using data room; receipt of expression 
of interest (EOI); and preferred investor selection.  
  
Please elaborate on the procedures for selecting a successful bidder.  
 
Answer:  
 
The Pre -qualified investors selected are invited to submit Technical and Financial Bids which are 
evaluated based on agreed, transparent modalities to arrive at a Bid Winner which is announced. 
The Bid Winner is given opportunity to pay agreed Bid Price.  
 
Question:  
 
14. The sector 's legi slation guarantees the following: security of tenure through mining leases; 
transparent procedures for granting access to mining titles on a first -come -first-served, use -it-or-
lose-it basis by the Ministry of Mines and Steel Development; internationally co mpetitive mining 
incentives; and comprehensive geoscience data on mineral deposits and their locations in Nigeria. 
Please provide the detailed information on the comprehensive geoscience data. Is the information 
on the mineral deposits and their locations in Nigeria open to the public?  
  
Answer:  
 
Detailed information on geo -science data can be obtained from the Nigerian Geological Surveys 
Agency (NGSA). Yes the information is open to the Public.  
 
Question:  
 
15. Foreigners are only authorized to start and carry  on a mining business through limited 
liability companies as per section 54 of the Companies and Allied Matters Act (CAMA). All mining 
companies are required under the Minerals and Mining Act of 2007 to sign a Community 
Development Agreement with their hos t communities so that operating companies also benefit 
them as part of their corporate social responsibility. Please brief us on the effect of this policy since 
its introduction in 2007. Is the Community Development Agreement required under the Minerals 
and Mining Act of 2007 still stipulated in the existing Act (Act of 2011)? What are the due rights 
and obligations of companies and communities? How to guarantee the fairness for both parties?  
  WT/TPR/M/356/Add.1  
 
- 30 - 
 
  Answer:  
 
The Policy of signing of Community Development Agreem ent is enshrined in the Minerals and 
Mining Act, 2007 as a pre -requisite for the issuance of a Mineral Title. Every mineral title holder 
must have shown evidence of signed Community Development Agreement (CDA) before issuance 
of the Mineral Title. The Poli cy has been very effective since 2007 leading to a fair share of 
negotiated benefits to the mining host communities.  
 
The Mining Regulation, 2011 is deriving its powers from the Minerals and Mining Act, 2007 and 
thus just a detailed procedures for the purp oses of implementation and monitoring of compliance. 
Further details of the rights and obligations of the of the companies and communities can be 
obtained from the website of the Ministry of Mines & Steel Development; 
www.minesandsteel.gov.ng  or www.miningcadascre.gov.ng      
 
Question:  
 
16. The Nigerian Civil Aviation Authority (NCAA) provides services related to aviation safety and 
economic regulation . The Act provides for a 5% levy on air tickets, charter and ca rgo sales . Please 
elaborate on how the 5% levy is collected, from whom it is collected and for what purpose it is 
used.  
  
Answer:  
 
Detailed information would be provided later . 
 
Question:  
 
17. Under the Federal Airports Authority of Nigeria Act of 2004, the F ederal Airports Authority 
(FAAN) is responsible for the maintenance of existing facilities and the construction of new ones . Is 
there any access restriction in the realm of civil aviation transport services, including foreign 
invested cargo airlines, gener al aviation, airports, air traffic control, aircraft maintenance, aviation 
ground services, aviation fuel, and computer reservation system? If there is any access restriction, 
what are the detailed restriction measures? Is there any plan or timetable for g radually lifting 
these restrictions?  
  
Answer:  
 
Yes, under the Federal Airports Authority of Nigeria Act of 2004, the Federal Airports Authority of 
Nigeria (FAAN) is responsible for the maintenance of existing facilities and the construction of new 
ones.  
 
Question:  
 
18. Please clarify the management system of Nigerian airports. Are these airports 100% owned 
by the government? Do all these airports adopt the public -private partnership (PPP) model? How 
much is social capital allowed to get involved in such model ? 
  
Answer:  
 
Detailed information would be provided later . 
 
Question:  
 
19. Please clarify whether the PPP model is formalized by Nigerian laws or regulations. If it is not 
formalized, how does the government channel the PPP model?  
  WT/TPR/M/356/Add.1  
 
- 31 - 
 
  Answer:  
 
Detailed informa tion would be provided later . 
 
Question:  
 
20. Nigeria is undergoing diversification plan, the starting point is stable power supply to drive 
economic activities. The World Bank is providing technical and financial support for the Power 
Sector Plan. Despite its  relatively low contribution to GDP, solid minerals also have large potential 
for growth. Solid minerals have great potential to grow. Oil and gas will continue to play a crucial 
role in Nigeria 's economy, especially through value chain development and int egration with other 
sectors. Please elaborate on the measures to facilitate the development of solid minerals sector; 
what are the detailed activities of the World Bank regarding its financial and technological support? 
To what extent can these measures so lve the power supply problem in Nigeria? What is the 
schedule ? 
 
Answer:  
 
The support from World Bank to the Power Sector is in the purview of the Federal Ministry of 
Power, however, Ministry of Mines and Steel Development is receiving support from the Wor ld 
Bank on Economic Diversification through the MinDiver Project.  
 
Question:  
 
21. The solid mineral sector remains virtually untapped despite its great potential to contribute 
to Nigeria 's GDP. With 44 known types of minerals of different combinations and prov en quantities, 
they continue to be unexplored or under - utilized. Despite the fact that the solid mineral sector is 
of great potential, according to the Secretariat however, it contributes only 1% of Nigeria 's GDP. 
Please clarify the main reason for the un derdevelopment of this sector. Why does the Nigerian 
government believe that the existing measures can fuel the development of the mineral sector and 
account for 5% and 10% of Nigeria 's GDP in 2017 and 2020 respectively, as noted by the National 
Bureau of Statistics of Nigeria?  
  
Answer:  
 
As stated, there is huge potential in solid minerals which has remained largely untapped for 
decades due to the focus on oil and gas. Solis minerals exist all over Nigeria of which we estimate 
less than 10% is currently b eing exploited. There are also relatively few players. This is partly 
because policies and attention by government did not incentivize operations in the sector. This is 
now changing in line with government diversification strategy as contained in the ERGP.  There is 
now a deliberate policy to focus a lot of attention on solid minerals development and an approved 
plan to encourage its development. Already the sector is witnessing growth of between 20 -40% 
within the last year.  
 
Question:  
 
22. The Government furthe r aims to facilitate the production of coal to fire power plants; 
produce geological maps of the entire country by 2020; integrate artisanal miners into the formal 
sector; encourage and promote mineral processing and value addition industries that strength en 
backward and forward linkages; create an enabling environment to enhance private investment, 
targeting energy minerals, iron/steel and gold/ gemstones; and decrease value leaks/loss by 
formalizing informal mine activities. Please elaborate on the detail ed plan for completing these 
geological maps before 2020, including budgets, geological map scale, and others.  
  WT/TPR/M/356/Add.1  
 
- 32 - 
 
  Answer:  
 
The Federal Government of Nigeria has demonstrated willingness to carry out extensive generation 
of geo -science data by approving the  sum of N30 Billion for the Natural Resources Fund to 
facilitate mining sector support for the diversification drive of the nation 's economy.  
 
Question:  
 
23. Page 10 ，Para 3.14 : To this end, the "Smart Nigeria Digital Economy " Project is one of the 
priority are as in the Plan by the Ministry of Industry, Trade and Investment (MITI) for 
"diversification, modernization and growth ". The project will cut across key sectors of the 
economy. Please explain the status quo of Nigeria 's information and data -based mineral s ector. 
How is the new plan going to change the existing management of the mineral sector?  
  
Answer:  
 
Yes, there is an existing database in mineral sector which is being enhanced.  
 
Question:  
 
24. Page 12, Para 3.26 : To formalize and give legal backing to the p olicy reform initiatives 
highlighted above, the National Assembly is considering for enactment a number of bills that are 
meant to support diversification and achieve structural transformation of the economy. These bills 
include the Petroleum Industry Bill  (PIB); Nigerian Metallurgical Bill. Please clarify how to 
coordinate these diversified fields and objectives and how to allocate resources in different fields. 
What are the principles and decision -making procedures? Where do these resources come from?  
 
Answer:  
 
Detailed information would be provided later  (see below) : 
 
The Ministry of Petroleum Resources (MPR) only stewards the Petroleum Industry Bill.  
 
The Nigeria Metallurgical Bill is h andled by the Ministry of Steel.  
 
The reform of the Petroleum Indust ry is being conducted within a framework of policy -making and 
implementation. Th at framework is as stated below:  
 
 Identifying a Need  
 Identifying Responsibility takers  
 Data Gathering  
 Draft Policy  
 Consultation Process with stakeholders  
 Finalization/ Roll out of Policy  
 Considering whether procedures are required  
 Policy Implementation  
 
Our implementation plans are in two segments; Organizational changes some of which require 
legislation and development of legislation and regulations to underpin the differ ent pol icies: 
 
 Gas policy;  
 Oil policy; and  
 Fiscal policy.  
 WT/TPR/M/356/Add.1  
 
- 33 - 
 
  The MPR plays a central role in driving the proposed reforms and these reforms are part of a 
broader sectoral programme called the 7 -Big Wins. The gas policy has been approved by the 
Federal Executive Cou ncil and the Oil policy is to be considered shortly. The fiscal Policy is 
undergoing final stakeholders ' engagement and presentation. The Senate has passed a Petroleum 
Industry Governance Bill that deals with certain proposed Institutions and this bill is awaiting 
reconciliation with the House of Representatives version.  
  
Other proposed legislations include; Petroleum Industry Fiscal Reform Bill, Petroleum Licensing 
and Management Bill, Proposed Host Community Bill, Petroleum Revenue Management Bill.  
 
Ques tion:  
 
25. Page 14 ，Para 4.4 : The 2002 Nigerian Trade Policy Regime was designed to integrate the 
country into the global trading system with a view to maximizing the advantages of 
globalization…Please introduce the detailed measures or approaches adopted in or der to  achieve 
the above -mentioned objectives.  
  
Answer:  
 
The measures are under a process of policy development and shall be made available to members 
as soon as the process is completed.  
 
Question:  
 
26. Please clarify whether there has been any negotiation  or practice involving environmental 
issues in the free trade agreement or investment agreement of Nigeria. If not, dose the Nigerian 
government consider including environmental issues into relevant negotiations in the future?  
 
Answer:  
 
Detailed informati on would be provided later  (see below) : 
 
Awaiting response from Ministry of Environment . 
 
Question:  
 
27. According the Secretariat report, Nigeria 's trade -related legislation has remained largely 
unchanged since its last Trade Policy Review in 2011. Does the N igerian government have any 
plan to facilitate the trade -related legislation process?  
 
Answer:  
 
Yes, pursuant to the decision by the Nigerian Federal Executive Council to establish the Nigerian 
Office for Trade Negotiations.  
 
Question:  
  
28. What are the inv estment -related laws and regulations in Nigeria? What is the core content of 
these laws and regulations?  
  
Answer:  
 
The Basic National Investment Legislation and their provisions are:  
 
(i) The Nigerian Investment Promotion Commission Act 16 of 1995  Guarantees : 
  
 100% ownership assured except investment listed under the 'Negative ' list or covered by the WT/TPR/M/356/Add.1  
 
- 34 - 
 
  Nigerian Content and Cabotage Acts  
 
 Protection of Investment /Non -expropriation of Investment:  
 
The NIPC Act 16 of 1995 guarantees that 'no enterprise shall be  nationalized or expropriated by 
any government of the federation .'  
 
The Act also provides for arbitration in the event of an investor/state dispute.  "Where in respect of 
any dispute, there is disagreement between the investor and the Federal Government as to the 
method of dispute settlement to be adopted, the International Centre for Settlement of Investment 
Disputes Rules shall apply ." 
 
(ii) The Foreign Exchange (Monitoring & Miscellaneous Provisions) Act 17 of 1995   - Under the 
Act, investors are free to re patriate their profits and dividends net of taxes through any 
authorized dealer in freely convertible currency . 
 
(iii) There are other sector specific regulatory legislations.  
 
Question:  
 
29. What are the incentives for foreign -invested industrial parks (cooperation  parks) in Nigeria? 
What are the restriction policies?  
  
Answer: Nigeria does not have cooperation parks in Nigeria. The treatment of local and foreign 
investors is identical.  For the incentives available to ALL investors, please see the link: 
http://nepza.gov.ng/incentives.asp  
 
 WT/TPR/M/356/Add.1  
 
- 35 - 
 
  ICELAND  
Questions :  
1. In light of recent forecast by the IMF which indicate that Nigeria will come out of economic 
recession this year, are there any plans to eliminate or amend th e Central Bank 's list of 
imported goods and services that are not entitled to foreign exchange in the Nigerian 
Foreign Exchange Markets?  
2. Could Nigeria explain working methods used by the customs authorities to calculate import 
duties on fish products, and why such calculations are not based on customs declarations 
(upliftment)?  
3. In the present import regime in Nigeria, based on the ECOWAS Common External Tariff 
(CET) imposed in April 2015, a 5% duty is on goods of primary necessity and 20% duty on 
final cons umption goods. In this regard, have the Nigerian authorities considered reducing 
import duties of fish heads from 20% to 5%, as this is a healthy, high -quality and affordable 
source of food for Nigerian people with little income?  
Answers : 
  
1. The Government of Nigeria will review as appropriate, and possibly remove the ban on 
accessing foreign exchange for the 41 goods and services, as stated in the Economi c 
Recovery and Growth Plan 2017 -2020. 
2. Duties are paid based on the Cost, Insurance and Freight (CIF) and  the duty rate applicable. 
Where  there is sufficient reason to doubt the transaction values, appropriate upliftment is 
done in line with the WTO – Customs Valuation Agreement .  
3. The priority of the Federal Government of Nigeria is achieving self -sufficiency  in food and 
other products.  WT/TPR/M/356/Add.1  
 
- 36 - 
 
  JAPAN  
Questions:  
 
1. Please explain the Nigerian policies on e -commerce. Specifically, the UNCTAD E -Commerce 
Ministerial Meeting which was held in April this year had pointed out 7 key issues. Amongst 
these 7 matters, please spec ify whether Nigeria has laws or policy relating to the electric 
signature and authentication, the legal stability of the electric contract, the promotion or 
regulation of electric payment, and the protection of consumers.  
2. We would like to know the laws or  regulations to protect service marks corresponding to the 
Article 15 of TRIPS Agreement. If there is no such law or regulation in Nigeria, we would like 
to know the measure to comply with, or plan to establish domestic laws corresponding to, 
the obligatio n under Article 15 of TRIPS Agreement.  
3. We would like to know the laws or regulations corresponding to the Article 39 of TRIPS 
Agreement. If there is no such law or regulation in Nigeria, we would like to know the 
measure to comply with, or plan to establis h domestic laws corresponding to, the obligation 
under Article 39 of TRIPS Agreement.  
4. We would like to know the laws or regulations corresponding to the Article 6bis of the Berne 
Treaty. If there is no such law or regulation in Nigeria, we would like to kn ow the measure 
to comply with, or plan to establish domestic laws corresponding to, the obligation under the 
Article 6bis of the Berne Treaty.  
5. Please explain in detail the Smart Digital Economy Project described in the Government 
report.  
6. Furthermore, plea se specify, if any, the policy or regulation to promote or restrict the cross -
border transfer of the digitized information.  
 
Answers:  
 
1. Nigeria as a member of Friends of E -Commerce for development (FED) attaches high 
importance to the issue, in view of its potential for promoting development. In line with 
Government priority on digital economy, Nigeria is developing a national framework and 
strategy to ensure that we derive maximum benefits from cross border e -commerce, while 
addressing the infrastructure an d regulatory related challenges.  
2. Yes, the service marks are now provided for by regulations in Nigeria  
3. No. Generally, the IPR laws and regulations are under review.  
4. In line with the Berne Treaty, which Nigeria is signatory to, the current Nigerian Copyrig ht 
Act CAP C26 Laws of Federation of Nigeria 2004 and Subsidiary Legislations, provides for 
moral rights under section 12. This section reads as follows:  
"12.  Right to claim authorship  
(1)  The author of a work in which copyright subsists has the right : 
 
(a)  To claim authorship of his work, in particular that his authorship be 
indicated in connection with any of the acts referred to in section 6 of 
this Act except when the work is included incidentally or accidentally 
when reporting current events by mean s of broadcasting;  
(b)  To object and to seek relief in connection with any distortion, 
mutilation or other modification of, and any other derogatory action in 
relation to his work, where such action would be or is prejudicial to his 
honour or reputation.  
 WT/TPR/M/356/Add.1  
 
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  (2)  The rights referred to in subsection (1) of this section, are perpetual, inalienable and 
imprescriptible.  
(3)  For the purpose of this section, "author " includes his heirs and successors in title ". 
 
5. The "Smart Nigeria Digital Economy " project is a di gital-led strategy for diversifying, 
modernizing and growing the Nigerian economy. It is one of the core priorities for 
Diversification and Growth. Implementation will be driven by private sector partnerships, in 
particular with ICT and tech -companies and through trade and economic cooperation 
agenda. The project cuts across key sectors of the economy. There are hardware and 
software dimensions. Implementation is being coordinated by the Federal Ministry of 
Industry, Trade and Investment with the Federal Mi nistry of Information and 
Communications Technology. It builds on the emergent comparative and competitive 
advantage of Nigerian youths that have gravitated to digital -led platforms.  Specific aspects 
of the "Smart Nigeria Digital Economy " Project, which i s work in progress, encompass:  
 100% broadband coverage of Nigeria;   
 Establishment of "Information and Communication Technology Clusters "; "ICT hubs ". For 
instance, the Yaba Tech Hub ;  
 Innovation and Experience Centers (Cloud Computing);  
 Facilitating inv estments in the Nigerian digital economy, particularly in e -commerce 
operators in Nigeria with online retailing (such as Jumia, Wakanow, Kaymu, Konga, 
DealDey, Olyx, privateproperty.com.ng); and, investing in Nigerian internet companies that 
specialize in software development and, coders that "solve specific challenges (such as 
Andela, Flutterwave, etc), entertainment (IrokoTV, etc);  
 Establishment of a digital platform for Small and Medium Enterprises (SMEs) for their 
integration into the global market pla ce and connection to regional and global value chains;  
 Implementing the Trade Facilitation Agreement, hence improving the Ease of Doing Business 
through the Single Window;  
 Implementation of e -government; digital platforms for delivering health services, energy 
services;  
 Establishment of a digital payments infrastructure platform  
 Encouraging a fertile (regulatory) environment that fosters start -ups, such as the Aso Villa 
Demonstration Day (ADD);  
 Training: software developers; coders;  
 Cybersecurity defen ce infrastructure;  
 Negotiation of Multilateral Digital Economy Rules that support development priorities.  
6. The pros and cons of all aspects of the Smart Nigerian Digital Economy are being examined 
and under policy development.  
 
Follow -up questions:  
 
Report by the Secretariat WT/TPR/S/356  
 
3  TRADE POLICIES AND PRACTICES BY MEASURES  
3.3  Measures Affecting Production and Trade  
3.3.8  Intellectual Property Rights  
 WT/TPR/M/356/Add.1  
 
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  Question 1 Paragraph 3.129 : 
 
We understood that regulations are provided to protect service  mark in Nigeria.  We would like to 
know (i) the details of the regulations which provides protection to service marks, and (ii) the 
relationship between such regulations and Trademark Act.  
 
Answer:  
 
i) The present laws protecting the registration of trade marks in Nigeria are the Trademarks Act 
1965 and Trademarks Regulation 1967 (Cap 436 Laws of the Federation 1990).  Those laws only 
provide for the registration of trademarks used or proposed to be used in relation to goods, 
classified according to the Nint h Schedule to the Trademarks Regulations 1967, which corresponds 
to Classes 1 to 34 of the fourth schedule classification of goods under the Nice International 
Agreement.   
 
On March 19, 2007, the Minister of Commerce and Industry (as it  then was) signed an  
amendments to the Trademarks Regulations 1967, whose effect will be to allow the registration of 
Service Marks in Nigeria. The amended Regulations would extend the classification of goods 
contained in the Ninth Schedule of the Trademarks Regulations 1967 to include service mark 
protection. The Ninth Edition of the Nice Classification of Goods and Services ( as amended )is now 
used.   
 
This action followed recommendations based on Sections 42 & 45(1)(b) of the Trademarks Act 
1965 (CAP 436 Laws of the Federat ion 1990). The new rules have been gazetted and took 
immediate effect  
 
ii) Presently there is a proposed draft trademark bill that will go before the National Assembly that 
is intended to amend the Nigeria Industrial Property laws , and is intended to harm onize their 
protection and make the protection of service marks covered by the Act.  
 
Question 2 Paragraph 3.131 : 
 
We understood by your explanation that there is no law or regulation corresponding to the Article 
39 of TRIPS Agreement.  At this point, is "undisclosed information " including trade secret protected 
in your country? If your answer is yes, please explain what measure provides such protection to 
undisclosed information.  
 
Answer:  
 
The protection of undisclosed information is also part of the propos ed legislation under the new 
IP Bill. 
 
Question 3 Paragraph 3.131 : 
 
We understood your answer that the Nigerian IPR laws and regulations are under review including 
the provision of the protection to undisclosed information. Please let us know the status of  play of 
the current review and schedule for the completion thereof.  
 
Answer:  
 
The Bill is on its way to the Federal Executive Council for approval and thereafter to NASS for 
passage into law . WT/TPR/M/356/Add.1  
 
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  CHILE  
 
1. Regarding the restrictions on frozen fish imports (c ase of horse mackerel), Chile wish to 
indicate its concern about the continued application of these measures, and the lack of 
transparency in its justification. In connection with this, Chile is interested in knowing the 
reasons for maintaining the restric tions on frozen fish imports, together with asking for 
clarification as to when these measures are expected to be eliminated  
 
Answers:  
 
1. Allocation  of quantities of frozen fish ( including Horse Mackerel) being imported is calculated 
proportionally to the  capacity of proteins . WT/TPR/M/356/Add.1  
 
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  AUSTRALIA  
Questions:  
 
1. What measures have been implemented to encourage competition in the services sector 
over the review period, and do they include allowing greater foreign investment?  
2. We welcome the growth of the services sector in Nigeria, and note this growth parallels the 
Government 's response to addressing fiscal reform following the 2008 - 2009 economic 
crisis. As the services sector (including "trade ") accounted for almost 60% of GDP in 2015 
(see paragraph 1.4), yet the info rmal services sector is estimated to account for 44% of the 
economy, is Nigeria planning further reforms to help capture this informal sector?  
3. Does Nigeria target its investment in human capital to meet the workforce needs of the 
identified service sectors  targeted for expansion (in an effort to reduce the unemployment 
rate)?  
4. Will the investment in human capital by Nigeria help to increase workers ' remittances (ie 
presumably from international employment opportunities)?  
5. Were any measures introduced affectin g the services sector, which contributed to the 
reported contraction of services imports?  
6. What policy measures is Nigeria taking to increase production of these key agricultural 
commodities, in particular wheat?  
7. Does Nigeria expect that domestic productio n in 2017 will achieve its objective of replacing 
50% of wheat imports?  
8. Noting Nigeria 's heavy reliance on wheat imports, will the tariff continue to apply even if 
domestic wheat supplies are low? What impact is this expected to have on prices for wheat 
and food security?  
9. Does Nigeria intend to remove the tariff if the target of 50% lower wheat imports is 
attained?  
10. Could Nigeria provide more information on its Digital Economy Project and how trade 
agreements can support the Project?  
11. What measures does Nige ria seek to put in place to encourage PPP and private sector 
engagement in its services sector?  
12. What specific measures is the Government introducing to create a more attractive enabling 
environment for foreign private investment into the solid minerals sec tor?  
13. What specific steps is the Government taking to implement its regulatory frameworks in the 
solid minerals sector, for example implementation of its "use it or lose it " licensing policy 
and its management of artisanal mining?  
Answers:  
 
1. There are sever al reforms measures that had been undertaken by Government to encourage 
competition in the services sectors. Additional information would be provided later.  
2. The Nigerian Export Promotion Council (NEPC) in collaboration with the Commonwealth 
Secretariat has  developed the Nigeria Trade in Services Programme (NTISP). This initiative 
is a medium term framework to Mainstream services into national export strategies. In 
addition, Development of National Export Strategy, a strategy for exports of professional 
services - currently under review.  
3. Yes.  
4. Yes, Nigeria has a prospect in this regard.  WT/TPR/M/356/Add.1  
 
- 41 - 
 
  5. Clarifications would be provided later upon verification . 
6. Tariff reduction and introduction of protective levies. Wheat Value Chain is aimed at 
increasing productivity and pro duction of wheat through fast and effective distribution of 
improved, high yielding, early maturing and disease resistance wheat varieties. The 
strategies include Increase productivity of wheat from 2.0 MT/ha in 2013 to 5.5 - 6.0 MT/ha 
and the national pro duction from the current 100,000 tons to at least 1.5 million metric tons 
by 2017, thereby reducing wheat importation by about 50%; achieving substantial 
improvement in wheat good agronomic practices (GAP);  
Increasing the output and productivity of wheat to achieve at least 5.0MT/ha; Increasing the 
awareness and motivation for  wheat production in the country; and Reduce wheat 
importation, substantially, through increased domestic production.  
7. Inter-related cause -effect scenarios of the outcomes of intervent ion in commodity value 
chains make policy implementation process dynamic. Even the  essence of input -output of 
the inter-and intra -sectoral factors from government, household and private payments – 
receipt in the socio -economic system creates a continuous n eed of balancing an equilibrium 
at a point in time. That is, the aim of raising wheat output and reducing imports 
substantially would still be influenced by supply -demand trend of the crop 's substitute and 
complementary staples, and hence be determined by the positive impact of the strategies on 
related crop value chains in the medium term framework.  
8. The sustained policy of low tariffs and zero levies on imported materials and equipment to 
enhance domestic production is still applicable to agribusiness unde rtakings in the country, 
in conformity to the provisions of the 'ECOWAS Common External Tariff and Trade 
Liberalization Scheme '. Entrepreneurs and industrialists would only incur higher cost of 
business if the imported items cannot be sourced locally. Othe rwise, an eventual higher 
domestic production capacity would in the value chain undertakings lower the cost of 
production and possible reduce the wholesale and retail prices flour and confectionaries, if 
other ancillary costs of services are relatively aff ordable.  
9. Nigeria 's tariff policy direction would be guided by the principle of encouraging local 
industries, deploying domestic resources, promoting trade and investment and balancing 
internal and external opportunities to ensure progressive partnership a nd mutual benefits 
and amongst the government, investors and the populace for inclusive socio -economic 
development in the country.  
10. See answer to question 102. The negotiations of multilateral trade rules, with a development 
dimension, in both hard and sof tware would support this project. Nigeria will pursue this 
objective in the CFTA under negotiations.  
11. Detailed information would be provided later . 
12. - Establishment of the Nigerian Minerals and Mining Act, 2007  
- Establishment of the Minerals and Metals Pol icy, 2008  
- Establishment of the Mining Regulations, 2011  
- Digitalization of the Mining Cadastral Office (MCO) which is charged with the 
responsibility of administering mineral title  applications leading to the granting of 
titles on a first -come -first-served basis and on use -it-or-loss-it basis.  
Incentives available for private foreign investors includes:  
 
- Granting of 100% Equity of such companies to the foreign investor;  
- Granting of 100% repatriation of proceeds;  
- Granting of 5years Tax Holidays;  
- Waiver to imported Mining Industrial Plants and Machinery Duty -Free;  WT/TPR/M/356/Add.1  
 
- 42 - 
 
   
13. Specific steps have been taken by the Mining Cadastral Office (MCO) to implement the 
regulatory framework in respect of the "use it or loss it " policy as Government has reformed 
the MCO such that clear guidelines have been established for administration of Mineral Titles 
from the stage of application to the granting of licenses in a timely manner and the periodic 
review of the performances of the title holders to ascertain compliance to t he minimum work 
plan in order to determine non -operational titles which are revoked from time to time.  
The Ministry of Mines and Steel Development is aggressively embarking on formalization of 
Artisanal and Small Scale Miners (ASM) throughout the country.  The formalized ASM are 
formed into Associations and regular interactions are usually held with them which serve as 
avenue to manage artisanal mining in Nigeria. To the above end, the Ministry reaches out in 
the implementation of its laudable programs of c apacity development and rendering of 
extension services to the ASM.  WT/TPR/M/356/Add.1  
 
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  ARGENTINA  
Questions:  
 
1. Considering that this measure has had a strong impact on the importation of the listed 
products by the CBN, it would be appreciated to know if Nigeria has foreseen a  calendar for 
the flexibilization/lifting of such measure.  
2. Could Nigeria explain its experience in the operationalization of this agency, how is 
composed and its current activities?  
Answers:  
 
1. The measure was temporary and with the improvement in Forex in flow, the flexibility/lifting 
of the measure will soon be achieve in the few months. The review of the list is ongoing.  
2. Nigeria has established a National Committee on Trade Facilitation. The Committee has its 
Terms of Reference to guide its operations. It  has also developed its implementation action 
plan. However, the Committee has some funding challenges.  WT/TPR/M/356/Add.1  
 
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  NEW ZEALAND  
Questions:  
 
1. Noting the importance of members ' meeting their notification obligations, could Nigeria 
provide an update on its work to bring its notifications up to date, including an indication of 
when it is anticipated that this will be completed?  
2. Could Nigeria briefly outline its plan for implementation of category B and category C 
provisions of the WTO Facilitation Agreement?  
3. New Zealand we lcomes the reduction of import prohibitions identified in the Secretariat 
report, and is interested in understanding the operation of both prohibition lists.  
4. Can Nigeria explain what steps are being taken to continue reducing the number of import 
prohibit ions, and elaborate on:  
 
i. The criteria and process followed in determining whether a good is added or removed 
from the Import Prohibition List by Trade?  
ii. How often is the Import Prohibition List by Trade reviewed?  
iii. Why ECOWAS countries are exempted from the i mport prohibitions applied to goods 
on the Import Prohibition List by Trade?  
iv. What differentiates the Import Prohibition List by Trade from the Absolute Import 
Prohibition List ? 
 
5. Can Nigeria provide an update on:  
 
i. Whether the review has been completed?  
ii. If it is yet to be finished, when it is expected to be completed?  
iii. If it has been completed, what it found, and any resultant changes to the import 
prohibition?  
 
6. Can Nigeria elaborate on the operation of this support scheme, including:  
 
i. The eligibility thresho ld to receive support under the GESS?  
ii. Whether the GESS continues to provide targeted means -based subsidies?  
iii. Whether the GESS has been superseded by any other farmer subsidy programme?  
 
7. Can Nigeria elaborate on the economic incentives and other measures pro posed to enhance 
fish production?  
8. Can Nigeria confirm the steps it is taking to eliminate fisheries subsidies which contribute to 
overcapacity and overfishing?  
9. New Zealand welcomes Nigeria 's actions over recent years to remove subsidies on fossil 
fuels. G iven the benefits of fossil fuel subsidy reform for Nigeria identified in the 
Secretariat 's report, is Nigeria considering further measures to ensure the enduring 
elimination of harmful fossil fuel subsidies while providing access to basic energy services for 
those in need?  
Answers:  
 
1. Nigeria is in the process of finalizing its notification with a view to ensuring that it is up to 
date. The internal process and consultation is ongoing, as soon as it is completed, Nigeria 
would submit its outstanding notifica tion to WTO.  
2. Nigeria has recently submitted its category B & C Commitments to the WTO Secretariat and 
it is currently in the process of being circulated to the WTO members. Nigeria 's ratification of 
the Trade Facilitation Agreement is a reflection of the commitment of the Government to the WT/TPR/M/356/Add.1  
 
- 45 - 
 
  WTO, and a rules -based economy. It is evidence of President Muhammadu Buhari 's 
commitment to rapidly implement the presidential initiative on the creation of an enabling 
environment for business . 
3. Absolute Prohibition; an d Prohibition other than trade . 
4. i.  The determination of which product are included is on the basis of Federal 
Government fiscal policies . 
ii.  The Tariff Technical Committee meets quarterly to review the list as appropriate.  
iii.  It is consistent with th e application of the ECOWAS Trade Liberalization Scheme 
(ETLS) which is a trade instrument designed by ECOWAS to promote intra -regional 
trade. It is also in line with Article 3 of ECOWAS Treaty.  
iv.  Absolute prohibition: completely prohibited; Prohibition  other than trade, commercial 
quantity not allowed.  
 
5. Undergoing review . 
6. 6 (i-ii) GESS has been discontinued since 2015 and its reactivation would be determined by 
available funds to Government  
7. The Anchor Borrowers Scheme for credits to farmers capacity bui lding workshop, 
diversification from small scale to large scale investment including floating fish cage, culture 
of different fish species across the country dam 's and water resources.  
8. None. 
9. Yes, Nigeria currently maintain its subsidies on premium motor sp irit (gasoline) Current 
proposed legislation in the Petroleum fiscal reform bill will eliminate price controls on 
petroleum product.  WT/TPR/M/356/Add.1  
 
- 46 - 
 
  EUROPEAN UNION  
Questions:  
 
1. When does Nigeria intend to notify category B and C commitments under the TFA?  
2. The EU would be interested to know how Nigeria intends to implement the 0.2% levy to 
finance peace in the African Union (following the discussions in the last CTG).  
3. Can Nigeria elaborate on the criteria regarding localisation in order to benefit from the 
investment incent ive?  
4. What are the land property rights applicable to such investments, at federated states ' level?  
5. Can Nigeria provide the list of sectors qualifying as "pioneer industry "? (FR)  
6. What is the current situation regarding these agreements? When are they expe cted to be 
ratified?  
7. How does Nigeria intend to improve the business climate? How will the 60 day National 
Action Plan be implemented and monitored? What are the key targets of the plan?  
8. What effort are the Nigerian Customs making to reduce dwell time at  the ports, and overall 
to reduce time and costs of trading across borders for both imports and exports? What 
criteria are used to determine the selectivity lane of a particular cargo? How is it ensured 
that Customs agents ' discretionality does not  sustain  corrupt practices?  
9. In view of the brevity and terminology used to describe customs valuation, (e.g., "reasonable 
values "), could Nigeria indicate whether the methods of customs valuation mentioned in this 
paragraph correspond in full with the valuation me thods set out in WTO Customs valuation 
Agreement? Can it be confirmed that database values are not applied?  
10. In the remaining 20% of the cases, in which proportion are each one of the other criteria 
applied? Particularly, in which proportion is "a reasonabl e value according to the customs 
authorities " applied? What measures are taken to minimise arbitrary treatment of the 
customs values declared by operators and to ensure the compatibility of this process with the 
Customs Valuation Agreement? Could Nigeria c larify what paperwork is required by the 
Customs authorities to ascertain that imported products are valued correctly?  
11. Are there any plans to simplify and/or eliminate some of these charges?  
12. Are there plans to increase the level of VAT in Nigeria or to put  in place a differentiated rate 
depending on categories of goods?  If yes, under which timeframe?  
13. Could Nigeria give more details on the impact of the measures in place since June 2015 on 
the different sectors of the economy (what were the sectors that bene fitted, what were the 
sectors that suffered, what was the impact on employment? To what extent could the ban 
over heavily demanded products contribute to smuggling and to feeding the informal 
economy whose share in the GDP is very high according to the WTO  Secretariat figures 
(above 40% of the GDP)? What is the impact of the ban on the nutrition of the population? 
What is the impact on foreign investors who intend to produce in Nigeria?  
14. How are the monetary, fiscal and trade authorities collaborating to ens ure a coherent 
economic policy as envisaged in the Economic Recovery and Growth Plan (ERGP)?  
15. What concrete measures are under consideration to achieve a market driven exchange rate?  
16. What timeline are the Nigerian authorities giving for normalising the fore ign exchange policy 
in light of WTO oblig ations and IMF recommendations?  
17. Is the Government aware of those restrictions? If so, why is it that those procedures, in 
particular but not solely "the need for NOTAP authorisation " are not notified? What are the 
intentions of Nigeria regarding these practices taking into account the deterrent effect of 
these un -transparent restrictions on the operations of large investors in Nigeria?  WT/TPR/M/356/Add.1  
 
- 47 - 
 
  18. Which are the criteria to determine what products shall be on the list? (SP) Will  Nigeria meet 
its commitment towards phasing out these trade restrictions by 2020 when the ECOWAS CET 
takes full effect?  
19. Could Nigeria provide further information on the criteria to allow exceptions to the import 
ban list? Are these waivers granted to ind ividual importers or sectoral groups? (FR) How do 
the authorities ensure that this trade distortive measure does not grant undue advantages to 
certain importers over others? Could Nigeria provide information on the number of waivers 
currently in force?  
20. Could Nigeria elaborate on the impact of those EPZ on exports and on growth? Does Nigeria 
intend to increase the number of Export processing zones (EPZs)?  
21. Regarding the oil and gas sector, what is the assessment by the government of the impact of 
this legisl ation?  Could Nigeria elaborate on the Bill 's coherence with other policy aims stated 
in its Report, in particular as regards transparency in public procurement and foreign direct 
investment promotion? Could Nigeria explain how it intends to monitor progres s in the 
upgrading of the capacity in the oil and gas sector, and connect this monitoring with an 
assessment of the impact of the Bill? Does the Government intend to publish the results of 
such an assessment and minimise any distortive  impact potentially i dentified?  
22. Regarding other sectors, can Nigeria indicate when it intends to notify all the existing 
legislations having LCRs? Could Nigeria clarify whether the Nigerian Local Content 
Development Law on ICT is adopted? Have impact assessment studies been ca rried out 
before adopting local content requirement legislations? What are the intentions of the 
government regarding local content requirements in particular but not only on the above 
mentioned sectors?  
23. Is there a plan by the Standard Organisation of Nig eria (SON) to reduce the fees or simplify 
the procedures?  
24. Could Nigeria clarify and define the conditions of the Voluntary Product Certification Scheme, 
as well as the relation between certification marks and NIS Marks of Quality? " 
25. Could Nigeria elaborate on how it is planning to make these procedures easier and simpler?  
26. Could Nigeria explain what are the rationale and the basis (under the WTO) for this general 
import ban applied by Nigeria on import of all meats? (AGRI). Have these measures been 
reviewed?  
27. What are the main challenges faced by Nigeria in implementing the Public procurement act at 
the different levels of procurement (central, local)? What is the relationship between federal 
law and the States law?  
28. Is there a plan aiming at making sure that States will enact public procurement legislation? 
Does Nigeria intend to harmonize the rules for procurement at fe deral/central and local 
levels?  
29. Does Nigeria consider reforming its legislation with a view to improving transparency, 
efficie ncy, and fight a gainst bid rigging?  
30. Can Nigeria provide clarifications as to the time table for the revision of thresholds of 
different types of public procurement contracts and on the plan to introduce a 
prequa lification system of suppliers?  
31. Regarding public procurement legislation, could Nigeria provide information on the timetable 
of the revision of the Infrastructure Concession Regulatory Commission Act and on the plan 
of privatisation of public enterprises and the relative timing?  
32. Is Nigeria planning to become on obse rver/ to start accession to the WTO GPA?  
33. Page 54 para 3.106 on competition reports that a law is to be passed on competition, the EU 
understands that the draft bill is examined at the House of Representative and that there has 
to be concurrence by the Sena te before transmission to the President and passage into law. WT/TPR/M/356/Add.1  
 
- 48 - 
 
  The EU would welcome if Nigeria could give some information about the content of the draft 
law and its scope. For example, would cartels be covered and prohibited. Is there a leniency 
programme envisaged? Would bid rigging be covered?  
34. Could Nigeria clarify the current state of play? Are there price controls? If so, in which 
sectors?  
35. Is Nigeria planning to start the accession procedure to further international treaties and 
conventions in the next 18 months in the area of IPR? If so, the EU would appreciate details. 
The EU understands that draft documents necessary to ratify the WPPT will soon be with the 
Federal Council for consideration. Can the government of Nigeria confirm the timing of the 
planned ratification of the WPPT, which would represent a welcome step facilitating Nigeria 's 
market development and trade in copyrighted content? Would the government of Nigeria 
confirm whether those documents include provis ions to ratify the WCT as well?  
36. Could Nigeria provide an estimated timetable for the progression of  ratification of both 
treaties?  
37. What is the state of play on the ongoing work with the view to reform legislation on 
copyright?  
38. Page 58 para 3.129. Trademarks: Is there an opposition procedur e in place in Nigeria to 
prevent the registration of a sign of another undertaking on the basis of a relative ground for 
refusal?  Please provide details.  
39. Page 58 para 3.130. Trademarks: Is there any legal possibility in place in Nigeria to 
invalidate bad f aith registrations of trade marks? If so, the EU would appreciate more 
information.  
40. Page 59 para 3.134: The EU is aware of the prevalence of counterfeited products in Nigeria. 
Despite actions of the Government, this remains a serious concern.  
41. How have the  SONCAP and MANCAP been able to address this menace? Can Nigeria provide 
examples of where cases have been taken to court and convictions obtained?  
42. Could Nigeria confirm if the subsidy in the petroleum sector has been completely eliminated 
given that priva te companies are less willing to impor t because of the price ceiling?  
43. Could Nigeria indicate wh ich is the state of play of the programmes initiated under ATA (in 
particular as regards the Staple Crop Processing Zones)?  
44. Could Nigeria indicate the annual bud getary outlays for the ATA programmes (Agricultural 
Transformation Agenda) as well as for the Agricultural Promotion Policy?  
45. When does Nigeria intend to forward to the WTO, DS notifications from the 2011 to onwards? 
In particular, when does Nigeria intend  to notify expenditures which relate to Green Box and 
Article 6.2 of the Agreement on Agriculture?  
46. Pages 64 -65 New Nigerian agriculture policy. EU notes that no data is available on land 
grabbing (only reference to the Land Use): Could Nigeria provide ref erences or some data on 
land grabbing? Are the plans for financial assistance to farmers addressed to all kind of 
farmers or just to the ones within organizations/cooperatives?  
47. Could Nigeria list all the commodity boards that are currently established and  indicate their 
role in details? (i.e. have they any possibility in supporting prices for agricultural products). 
Could Nigeria report on the Governments role in these Commodities board, and from where 
the Commodity Boards are financed?  
48. Does Nigeria intend  to repeal its import prohibition of agricultural products?  
49. What is the status of the PIB? What is the state of plan of the "Road map for the growth and 
Development of the Nigerian Mining Industry " adopted in August 2016? Have there been 
improvements in th e security of the land property regime for mining concessions? Have there 
been incentives in favour of extractive industries? (FR)  WT/TPR/M/356/Add.1  
 
- 49 - 
 
  50. Could Nigeria provide quantitative information on the use of that scheme and its impact 
towards the manufacturing sector?  
51. Does the Government of Nigeria envisage implementing  Basel III by 31 March 2019, as 
foreseen by the Basel Committee on Banking Supervision? (B1)  
52. Page 12 heading 3.3. para . 3.26: Could Nigeria provide indication as to when those bills will 
be passed?  
Answers:  
 
1. Nigeria has recently submitted its category B & C Commitments to the WTO Secretariat and 
it is currently in the process of being circulated to the WTO M embers . 
2. Not yet in force . 
3. The goal is to promote development of domestic production of products and ser vices for the 
Nigerian and global market with appropriate guidelines. The industrial development/income -
Tax Relief Act N°22 of 1971 amended in 1988, provide incentives to pioneer industries 
deemed beneficial to Nigeria 's economic development and to labour -incentive industries.  
4. The statutory laws governing land -properties transactions in Nigeria are contained in the 
land use Act 1978. The Act defines the powers of the Governors in relation to land including 
the power to grant rights of occupancy subject to t he provisions of the Act. All land 
comprised in the territory of each state in the Federation are vested in the Governor of that 
State, and such land shall be held in trust and administered for the use and common benefit 
of all Nigerians in accordance with  the provisions of the Act . 
5. The list consists of 44 sectors qualifying as "Pioneer Industry " and contain in Government 
gazette N°61 dated 27th May of 2015 (a copy, including the list is available) . 
6. Clarification is required on the specific agreements under  reference . 
7. The Government has taken a number of initiatives aimed at improving the business climate. 
This include among others; the establishment of Presidential Enabling Business Environment 
Council (EBEC) headed by the Vice President of the Federal Repu blic of Nigeria; 
Diversification of the Economy i.e. a roadmap for each priority sector of the economy such as 
Mining and Solid Minerals Road Map and "Green Alternative " recently launched as a blue 
print for mining and Agriculture respectively; National In dustrial Revolution Plan (NIRP) and 
the National Enterprise Development Programme (NEDEP); Nigeria Immigration Service 
implementation of visa on arrival to prospective foreign investors coming into Nigeria; 
infrastructure development; fight against insurge ncy; policy implementation; and anti -
corruption measures.  
On the implementation of the 60 day Action Plan: the 60 day Action Plan is an inter -
governmental plan that will be implemented by various Ministries, Departments and Agencies 
(MDAs) across Nigeria. The mandate of the Action Plan is to remove critical bottlenecks and 
bureaucratic constraints to doing business in Nigeria and move Nigeria 20 steps upwards in 
the World Bank Ease of Doing Business Index. The Federal Government of Nigeria is 
monitoring the  implementation of the Action Plan through the Presidential Enabling Business 
Environment Council (PEBEC) under the Office of the Vice President of Nigeria. Presidential 
Enabling Business Environment Council (PEBEC) is chaired by the Vice President of Nige ria 
with the Honourable Minister of Industry, Trade and Investment as Vice Chairman. PEBEC is 
composed of nine (9) other Ministers, the Head of Civil Service of the Federation, the 
Governor of the Central Bank of Nigeria and representatives from the Nation al Assembly and 
the private sector.  
The key target of the Action Plan: The Plan has eight focus areas, namely: Starting a 
Business, Construction Permits, Getting Electricity, Registering Property, Getting Credit, 
Paying Taxes, Trading Across Borders and En try and Exit of People. However, the Action Plan 
only provides initiatives to be implemented across seven of the eight focus areas (excluding 
paying taxes).  WT/TPR/M/356/Add.1  
 
- 50 - 
 
   
8. Post Clearance Audit                       Country of Origin  
Fast Track        Transport  
Scanners      Tariff rate  
e-business platform    Mode of payment  
9. Transaction value – database generated from  previous transaction are used.  
10. Database . 
11. Yes, the reform process in ongoing . 
12. No, there is no intention to have any discriminatory rates . 
13. The impact assessment  including sectoral analysis has not been completed. Detail 
assessment of the impact of the policy is ongoing. The policy measure had so far the 
impacted positively on the Agricultural Sector. Production of most of Food items such as 
Fish, Rice Corn for th e nutritional requirement of the population has been met and this has 
also led reduction is demand for Forex. Employment for the number of youth in the 
agricultural value chain had increased tremendously. On the foreign investors, who intend to 
produce in Nigeria especially in agricultural sector are allow to bring in funds and repatriate 
the proceeds. Incentives such access to land were put in place . 
14. The coordination and collaboration between fiscal and trade authorities, to ensure coherent 
economic policy  as envisaged in the Economic Recovery and Growth Plan is operationalized 
within the structure of the economic management team aided by the Vice President as well 
as the consultative forum with the private sector. This is to ensure that the partnership and  
the interface works towards the same goal.  
15. The Central Bank of Nigeria (CBN) aims to achieve a market -determined exchange rate 
regime, by allowing the Naira float freely as pressure on the Naira. The government will also 
review and possibly remove a ban o n accessing foreign exchange for 41 goods and services, 
said the Economic Recovery and Growth Plan 2017 -2020, released by the Budget Ministry.  
16. There is no specific timeline.  
17. Yes. The general requirement, the specific requirement, as well as the documentat ion 
requirement are publicly available. The need to conserve and make best use of the scarce 
Forex the intervention of NOTAP is therefore require by the CBN to ensure that fees for IT 
system Services fees and other Technical fees are reasonable, as the CBN  does not have the 
Technical Competencies to ascertained the for payments for such services .  
18. There are not known criteria publicly available. Nevertheless, the domestic consultative 
process is ongoing for positive consideration of the concerns expressed b y the various 
stakeholders, including our trading partners.  
19. For the avoidance of doubt, the importation of the items are not banned, hence, importers 
desirous of importing these items, shall do so, using their own funds, without any recalls to 
the Nigerian  foreign exchange markets. The implementation of the policy will help conserve 
foreign reserves as well as facilitate the resuscitation of domestic industries and improve 
employment generation. However, the list may be reviewed as appropriate.  
20. The impact o f Export Processing Zones (EPZ) on exports and growth has not much been 
realized in terms of value. Most foreign investors only at the Free Zones, establish 
businesses targeted at the domestic market. To increase the impact of the scheme, 
Government had mo dified the scheme in 2001 to allow for 100% sale into the customs 
territory as against the 25% stipulated by the EPZ law. This is due to other potential 
economic benefits such as employment generation, technology transfer, backward 
integration, and increas ed government earnings being realized at the moment. First time 
projects such as ship building are being carried out in the scheme which has contributed 
positively to the economy of Nigeria. Current exports recorded are mostly in the services 
sector notabl y the logistics and catering sub -sectors.  WT/TPR/M/356/Add.1  
 
- 51 - 
 
  The focus of the current administration is to ensure the efficiency of existing Free Zones and 
would consider the possibility of licensing additional zones if necessary. Currently, the 
Government is collaborating with the Center of New Structural Economics, Peking University 
to upgrade 4 existing Free Zones into Special Economic Zones in addition to establishing two 
(2) green fields ' projects. The dynamics for these SEZs is to develop sectors of comparative 
advanta ge geared towards large scale production for the international market.  
21. From its inception till date, the Nigerian Oil and Gas Industry Content Development 
(NOGICD) Act of 2010 has fostered significant development of in ‐country capacity and 
capability. It h as also engendered the significant increase in Nigerian Content value 
domiciled in ‐country from oil and gas projects from less than 5% prior to the enactment of 
the NOGICD Act to 28%. The NOGICD Act established the Nigerian Content Development 
and Monitori ng Board (NCDMB) as the sole Agency responsible for driving and monitoring 
Nigerian Content in the oil and gas industry. NCDMB, as part of its regulatory functions, 
monitors compliance with the provisions of the NOGICD Act across the various stakeholders 
including operators and service companies. As part of the Federal Government 's drive to 
increase the Ease of Doing Business in Nigeria by promoting Transparency in Government, 
NCDMB will periodically publish the Nigerian Content achievements in the oil and gas 
industry.  
22. The Nigerian Content law on ICT have not been passed into law. It is still before the National 
Assembly. The Constitution of the Federal Republic of Nigeria clearly defines the law making 
process and the process guides the National Assembly m embers in their effort at making 
laws for Nigeria Law makers, in their wisdom guided by the Constitution of the Federal 
Republic of Nigeria follows all the required steps including assessment etc. before enacting 
all laws. With regards to the intentions of  the law, it is to serve the best interest of the 
citizens of the Federal Republic of Nigerian. Due consideration is however given to the 
various International Agreements that Nigeria is a signatory too.  
23. The Fees are not exorbitant and are in line with the best international practice:  
 
SONCAP ADMINISTRATIVE FEES  
The administrative fees for issuance of both the product and SONCAP certificates are as 
follows:  
 
Product Certificate 1 (Unregistered Status) = $300  
Product Certificate 2 (Registered Status) = $300  
Product Certificate 3 (Licensed Status) = $1,300  
Additional models to be included in the same certificate and covered in the same test report 
are charged at an additional $5 per month per model which translates to $60 per annum.  
The cost of new products is  $300.  
Certificate of Conformity =$300  
Certificate amendment fee = $100  
Non Conformity Report = $350  
See: http://son.gov.ng/soncap/  
Note: The fee has been in existence since 2009.  
 
Procedures are simplified: See Process Diagram below : WT/TPR/M/356/Add.1  
 
- 52 - 
 
  
 
24. Conditions of the V oluntary Product Certification Scheme:  
 
Both the Market samples and Factory samples taken of the company must comply with the 
relevant Nigerian Industrial Standard for such product.  
Product must be MNACAP certified consistently for the period of three (3) years.  
The Organization must have adequate testing facilities.  
The Organization must have adequate product recall program in place.  
Such a product is qualified to be labelled with the NIS Mark of Quality.  
25. NAFDAC has set up committees to simplify, harmonize  her processes and also ensure other 
measures such as computerization and automation of her business processes in order to 
remove bottlenecks and shorten completion time for registration processes. Some of these 
measures are currently being implemented.  
26. Although the of Public Procurement Act, 2007 is currently undergoing review in the 
Parliament, the following challenges, which is not uncommon to other jurisdictions, are 
being faced in the course of implementation: weak capacity of procurers, the inability of the 
Judiciary to speedily prosecute procurement cases, poor funding for oversight by the 
regulator, non -establishment of procurement cadre at local level, slow implementat ion of 
public procurement laws at the local level, etc.  
Both Federal Act and State s laws are based on UNCITRAL, however the State laws are 
autonomous from the Federal Act.  
27. Twenty -four (24) States have enacted their respective public procurement legislation.  
There are advocacy plans and platforms to ensure the States enact public procur ement 
legislation e.g. National Conference on Public Procurement which bring together all public 
procurement practitioners from Federal and State levels to consider, amongst others, 
Memoradum on new initiatives and adoption of best practices.  
The rules for  procurement at Federal and State levels can be said to be harmonised as there 
are no major differences in the rules guiding procurement at both levels, except on issues of 
approval structures and values.  
28. The Act is currently being reviewed in the Parliame nt and it will consider areas for improving 
transparency, efficiency, fight against bid rigging. However, public  procurement policies, 
regulations, manual, guidelines and circulars are often reviewed on an as -need basis to 
ensure improvement in the area of  transparency, efficiency, and the fight against bid 
rigging.  
29. There is a scope for such possibility . 
30. Nigeria does not have time table for revision of thresholds for different types of public 
procurement contracts, but has mechanisms in place for monitoring  procurement policies WT/TPR/M/356/Add.1  
 
- 53 - 
 
  which determines when the revision will take place. Nigeria currently has a prequalification 
system for suppliers with provisions in the legislation, thresholds for prequalification and 
web-based application software that facilitates prequalification process . 
31. Not available . 
32. Consideration to become an observer/ to start accession to the WTO GPA will be taken at 
appropriate time.  
33. The detailed information required is not available at this stage.  
34. It will be more appropriate to await the pa ssage of the draft bill . 
35. Nigeria is planning to ratify the WPPT; WCT; Marrakesh Treaty for the Visually Impaired; 
and Beijing Treaty on Audio -visual Works. The Federal Executive Council recently approved 
for Nigeria to ratify these treaties. However, due t o other preparatory formalities that will be 
undertaken, without committing to a specific date, we are cautiously optimistic that Nigeria 
will ratify these treaties at the next General Assembly of WIPO scheduled to hold in October, 
2017.  
36. As the Federal Exe cutive Council has approved for Nigeria to ratify these treaties, the 
relevant government agencies will now commence other preparatory formalities towards the 
ratification of both treaties, which we are cautiously optimistic will happen at the next 
General  Assembly of WIPO scheduled to hold in October, 2017.  
37. A draft copyright bill has been formulated after series of consultations with different 
stakeholders. The draft bill is presently at the Office of the Honourable Attorney -General of 
the Federation and M inister of Justice, Federal Ministry of Justice for appropriate legal fine -
tuning before onward transmission to the National Assembly as an executive bill for the 
purpose of passing it into law.  
38. Yes, trademarks oppositions can be filed at the trademarks re gistry in Abuja, Nigeria. A 
trademark that has been accepted by the trademarks registry may be opposed on any of 
the grounds for rejection set out in the Trademarks Act and also based on sections 9 (d), 
11, 12, 13 and 31 of the Act. Under the Nigerian Trad emark Act, a party who seeks to 
oppose a trademark application must do so in writing by filing a Notice of Opposition. The 
Notice of Opposition must be filed within two months of the proposed marks publication and 
must state the ground(s) for opposition. I n cases where the counter statement is filed, the 
registrar must send a copy of the counter statement to the person who is opposing the 
trademark application in Nigeria who will be required to file a statutory declaration citing 
evidence in support of the opposition . 
39. Yes, once a trademark is registered, it can be invalidated, if the registration was issued in 
error or without sufficient cause, it wrongfully remains on the register or it was obtained by 
fraud or misrepresentation of facts. The Registrar has general powers under the act to 
rectify the register and this includes the power to invalidate a trademark registration and 
application in the prescribed format should be made to the Registrar where the procedure is 
instigated at the instance of a register ed proprietor, registered user or other  
interested/concerns person(s), stating the grounds and particulars for seeking to invalidate 
the registration. The owner of the subject mark is entitled to be placed on notice and given 
an opportunity to respond on t he allegations.  
40. Counterfeited products under prohibition list : 
 Use of NAFDAC registration number on packages to be able to detect fake products  
 Introduction of cutting -edge technology  
 Strengthening of Ports Inspection Activities  
 Strengthening Post Marketin g Surveillance activities  
 Simplification of Export requirements  
 Accreditation of NAFDAC Laboratories  
 Capacity Building for staff  WT/TPR/M/356/Add.1  
 
- 54 - 
 
   Review of NAFDAC laws to strengthen her mandate and ensure stiffer punitive 
measures for counterfeiters  
 Prosecution of arrested  counterfeiters  
 Intense public enlightenment on the dangers of counterfeiting.  
 
41. SONCAP and MANCAP have to a reasonable extent (40%) reduced the number of 
counterfeiting products in the Nigerian Market.  
Examples of Cases taken to Court but pending convicti ons include:  
 
CHARGE NO: FHC/AWK/C/66/17 FRN V. BENJAMIN UGOCHUKWU NWAIZU & 2 
ORS (Federal High Court Awka) for production of substandard shaving sticks, 
brushes and destruction of government property.  
CHARGE No: FHC/L/73C/17 FRN V. TAO LONG SHEN & 4 Ors ( Federal High Court 
Lagos) for the importation of stuffed substandard tyres.  
 
Note:  The Legal system in Nigeria is not straight jacketed.  
 
42. Subsidy still remains with Premium Motor Spirit of which National Oil Company is primarily 
the sole importer of Premiu m Motor Spirit in the country.  
43. The Nigeria 's staple crop processing zones was initiated in 2011 as a complement to the 
Agricultural Transformation Agenda (ATA). By 2015, it had become a critical lifeline as oil 
revenue shrunk and as a means to diversify t he national economy. It introduces a long 
missing framework for Agro -processing investment in Nigeria. The objective of the initiative 
is to address the infrastructure constraints face by agribusinesses, and to encourage them 
to go deeper into the rural ar eas, to process as well as add value to our agricultural 
produce. These zones are being upgraded with improved infrastructure, especially roads, 
power, water, and gas supply, in order to reduce the cost of doing agribusiness in these 
rural areas.  
44. The actua l annual budgetary outlets for the ATA programs as well as for the Agricultural 
Promotion Policy in respect of year 2017, will be made available after the signing of the 
2017 Appropriation bill by Mr. President  
45. Nigeria 's outstanding domestic support notif ication from the 2011 onwards  will be submitted 
as soon as the internal process is completed. Similarly, Nigeria will notify its expenditures 
which relate to Green Box, including article 6.2 on agreement on agriculture, as appropriate.  
46. There are no availab le data or related information on the issue of land grabbing.  
47. Presently, there are no Commodity Boards in Nigeria. Nigerian economy was liberalized in 
1986 and this led to the abolition of all commodity boards that hitherto existed. Therefore, 
prices of a gricultural commodities are currently determined by market forces of demand and 
supply. The Nigerian Commodity Exchange (NCX) was created as an alternative institutional 
agreement that would manage the effect of price fluctuation in the marketing of agricu ltural 
produce which has adversely affected the earnings of farmers since the abolition of 
commodity board. The Nigerian Commodity exchange is responsible for spot and forward 
trading of agricultural commodities. The NCX also operates an electronic warehou se receipt 
system which enables farmers place their commodities at NCX -accredited warehouses while 
they are issued electronic receipts. This creates a centralized market place where farmers 
can sell their products using the electronic receipts. This ensure s that farmers receive 
remunerative prices for their products. The NCX also ensures that commodities traded on 
the floor of the exchange are of highest grade and quality. The exchange has a laboratory 
for products testing and certification . 
48. Nigeria is comm itted to progressively liberalize the import regime with a view to promoting 
efficiency and international competitiveness of domestic industries and removing the 
undesirable protection. As soon as  Nigeria is able to develop its institutional and technical 
capacities for alternative trade policy instrument(s), then the import prohibition of 
agricultural products will be significantly reduced, if not completely eliminated.  WT/TPR/M/356/Add.1  
 
- 55 - 
 
  49. The Road map for the growth and development of the Nigerian Mining Industry which was 
launched in August, 2016 is in progress. The implementation and monitoring body has been 
established called Mining Implementation & Strategy Team (MIST) and efforts are now 
being made to put the necessary infrastructure to give effect to the accomplishment of the 
objectives of the Road map. Specifically, the Road map implementation has been embedded 
in the World Bank Mineral Sector Support for Economic Diversification Project.  
There is Security of Tenure as encapsulated in the Minerals and Mining Act, 2007 and the 
issue of security of land is presently being handled through collaboration between the 
Federal and State Governments. There is also a MinDiver proof of Concept Programme to 
revitalize operations in the Mining Sector . 
 
50. Increase in volume of importat ion of Agricultural plants and machineries . 
51. The implementation is ongoing and Nigeria adopted certain Standards of Basel III. These 
include capital adequacy assessment and Domestically Important Banks regulator (D -SIBs) . 
52. All the Bills are before the Nation al Assembly for consideration and passage into law in line 
with agreed procedure. As soon as the legislative process is completed , Nigeria would notify 
WTO accordingly.  
 
Follow -up questions:  
 
EU initial question 6 on bilateral taxation agreements: What is the current situation 
regarding these agreements? When are they expected to be ratified?  
 
Reply by Nigeria: "Clarification is required on the specific agreements under reference ." 
 
EU follow -up question: We were referring to the 13 bilateral taxation agree ments mentioned in 
the WTO report, and would welcome information on the state of play of those agreements.  
 
Answer:  
 
We hereby confirm to you that all the Treaty Agreements with each of the 13 Countries have been 
ratified.   
 
EU initial questions 8 and 9 on  customs valuation: 8. What effort are the Nigerian Customs 
making to reduce dwell time at the ports, and overall to reduce time and costs of trading across 
borders for both imports and exports? What criteria are used to determine the selectivity lane of a  
particular cargo? How is it ensured that Customs agents ' discretionality does not sustain corrupt 
practices? 9. In view of the brevity and terminology used to describe customs valuation, (e.g., 
"reasonable values "), could Nigeria indicate whether the meth ods of customs valuation mentioned 
in this paragraph correspond in full with the valuation methods set out in WTO Customs valuation 
Agreement? Can it be confirmed that database values are not applied?  
 
Reply by Nigeria to questions 8 and 9 (wrong numbering ): 
  
"8. Post Clearance Audit Country of Origin  
Fast Track Transport  
Scanners Tariff rate  
e-business platform Mode of payment  
9. Transaction value – database generated from previous transaction are used. " 
 
EU follow -up question:  
 
We would welcome some mor e details on: "8 - What criteria are used to determine the selectivity 
lane of a particular cargo? How is it ensured that customs agents ' discretionality does not sustain 
corrupt practices? 9. In view of the brevity and terminology used to describe customs  valuation, WT/TPR/M/356/Add.1  
 
- 56 - 
 
  (e.g. "reasonable values "), could Nigeria indicate whether the methods of customs valuation 
mentioned in this paragraph correspond in full with the valuation methods set out in WTO Customs 
valuation Agreement? " 
 
Answer:  
 
a. 
 
- Reduction of docume ntation requirement  
- Introduction of simplified clearance procedure  
- Automation of process  
- Training of stakeholders  
- Use of scanner  
- Application of risk management  
- Fast Track scheme  
- PCA  
b. 
- Country of origin  
- Mode of payment  
- Mode of transportation  
- Previous history  
- Nature of goods  
- HS classification  
- xxx- All above are system based and no human interference  
c. 
- Customs agents don 't have discretion in clearance of goods.  
EU initial question : Could Nigeria give more details on the impact of the measures in place since 
June 2015 on the different sectors of the economy (what were the sectors that benefitted, what 
were the sectors that suffered, what was the impact on employment? To what extent could the 
ban over heavily demanded products contribute to smuggling and to feeding the informal economy 
whose share in the GDP is very high according to the WTO Secretariat figures (above 40% of the 
GDP)? What is the impact of the ban on the nutrition of the population? What is the impact on 
foreign investors who intend to pro duce in Nigeria?  
 
Reply by Nigeria to question 12 seems to fit with EU question 13 rather than actual reply 
12: 
  
"12. The impact assessment including sectoral analysis has not been completed. Detail assessment 
of the impact of the policy is ongoing. The p olicy measure had so far the impacted positively on 
the Agricultural Sector. Production of most of Food items such Fish, Rice Corn for the nutritional 
requirement of the population has been met and this has also led reduction is demand for Forex. 
Employmen t for the number of youth in the agricultural value chain had increased tremendously. 
On the foreign investors , who intend to produce in Nigeria especially in agricultural sector are 
allow to bring in funds and repatriate the proceeds. Incentives such acc ess to land were put in 
place. The coordination and collaboration between fiscal and trade authorities, to ensure coherent 
economic policy as envisaged in the Economic Recovery and Growth Plan is operationalized within 
the structure of the economic managem ent team aided by the Vice President as well as the 
consultative forum with the private " 
 
EU follow -up question to its initial question 13 : The EU would appreciate if Nigeria could 
inform on the impact of the measures on investors and on the population nut rition and on the 
degree of informal activities (smuggling).  WT/TPR/M/356/Add.1  
 
- 57 - 
 
  Answer:  
 
Information is not available at this point . 
 
EU initial question 16 : What timeline are the Nigerian authorities giving for normalising the 
foreign exchange policy in light of WTO obligat ions and IMF recommendations?  
 
Reply by Nigeria 15:   "There is no specific timeline " seems to be referring to EU Question 16. 
Nigeria reply 16 reads: Yes. The general requirement, the specific requirement, as well as the 
documentation requirement are publi cly available. The need to conserve and make best use of the 
scarce Forex the intervention of NOTAP is therefore require by the CBN to ensure that fees for IT 
system Services fees and other Technical fees are reasonable, as the CBN does not have the 
Techni cal Competencies to ascertained the for payments for such services .  
 
EU follow -up question to Nigeria reply 15 : Can Nigeria indicate whether the measures will be 
notified to the WTO:  
 
Answer:  
 
Nigeria is working towards fulfilling all its transparency obl igations to the WTO including 
notifications of measures that it is obliged to notify . 
 
EU question N°19: Could Nigeria provide further information on the criteria to allow exceptions 
to the import ban list? Are these waivers granted to individual importers  or sectoral groups? How 
do the authorities ensure that this trade distortive measure does not grant undue advantages to 
certain importers over others? Could Nigeria provide information on the number of waivers 
currently in force?  
 
Nigeria reply to EU Ques tion 19 is not related to the embargo but to the oil and gas 
situation:  "19. From its inception till date, the Nigerian Oil and Gas Industry Content 
Development (NOGICD) Act of 2010 has fostered significant development of in ‐country capacity 
and capability . It has also engendered the significant increase in Nigerian Content value domiciled 
in‐country from oil and gas projects from less than 5% prior to the enactment of the NOGICD Act 
to 28%. The NOGICD Act established the Nigerian Content Development and Mo nitoring Board 
(NCDMB) as the sole Agency responsible for driving and monitoring Nigerian Content in the oil and 
gas industry. NCDMB, as part of its regulatory functions, monitors compliance with the provisions 
of the NOGICD Act across the various stakehol ders including operators and service companies. As 
part of the Federal Government 's drive to increase the Ease of Doing Business in Nigeria by 
promoting Transparency in Government, NCDMB will periodically publish the Nigerian Content 
achievemen ts in the oi l and gas industry. " 
 
EU initial question 21  raised the issue of oil and gas. "Regarding the oil and gas sector, what is 
the assessment by the government of the impact of this legislation? " 
 
EU follow -up question to questions 19 & 21 : The EU would like to know the status of the 
examination of the law in the parliament on oil and gas and regarding the ban the intentions of 
Nigeria regarding notification and ratio nale and EU would appreciate a reply to EU initial question 
19. 
 
Answer:  
 
On original question 19  and 21 the answer is not available . 
 
EU initial question 22 on local content requirement in other sectors than oil and gas 
seems to have been replied under EU question 20 below:  Regarding other sectors, can 
Nigeria indicate when it intends to notify all t he existing legislations having LCRs? Could Nigeria 
clarify whether the Nigerian Local Content Development Law on ICT is adopted? Have impact WT/TPR/M/356/Add.1  
 
- 58 - 
 
  assessment studies been carried out before adopting local content requirement legislations? What 
are the intention s of the government regarding local content requirements in particular but not 
only on the above mentioned sectors?  
 
Reply by Nigeria to EU question 20:  "The Nigerian Content law on ICT have not been passed 
into law. It is still before the National Assembl y. The Constitution of the Federal Republic of Nigeria 
clearly defines the law making process and the process guides the National Assembly members in 
their effort at making laws for Nigeria Law makers, in their wisdom guided by the Constitution of 
the Fede ral Republic of Nigeria follows all the required steps including assessment etc. before 
enacting all laws. With regards to the intentions of the law, it is to serve the best interest of the 
citizens of the Federal Republic of Nigerian. Due consideration is  however given to the various 
International Agreements that Nigeria is a signatory too. " 
 
EU follow -up question to question 22 and to Nigeria reply to question 20 : Could Nigeria 
confirm that stakeholders will be consulted if any legislation is adopted in t his domain as well as 
others as a general principle of law making?  
 
Answer:  
 
The "Local Content in ICT " is currently a policy implementation and not Law - as rightly answered 
in response to question 1 below.  
 
The Current guidelines were issued after extens ive stakeholder engagement with the ICT sector 
players - as a matter of fact feedback was received from some of the Big IT companies operating 
in Nigeria (especially of US origin), as well as the economic section of the US Embassy.  
 
Also, the 'ICT Local Co ntent Guidelines ' are presently being operated under the NITDA Act, hence 
the creation of the "Office for National Content in ICT " (ONC) under NITDA.  
 
At the appropriate time, if and when a specific Law is to be enacted, it will go through the usual 
rigoro us process of Law making at the NASS, which includes a well-advertised  Stakeholder 
engagement and opportunity for input/feedback.  
 
EU initial question 26 : Could Nigeria explain what are the rationale and the basis (under the 
WTO) for this general import ba n applied by Nigeria on import of all meats? Have these measures 
been reviewed?  
 
Reply by Nigeria to question 26 : none  (question seems to have been overlooked)  
 
EU follow -up question:  same question as the initial question.  
 
Answer:  
 
Nigeria remains committ ed to the phasing out and complete elimination of the import bans . 
  
EU initial questions 33 & 34 : 33. Page 54 para 3.106 on competition reports that a law is to be 
passed on competition, the EU understands that the draft bill is examined at the House of 
Representative and that there has to be concurrence by the Senate before transmission to the 
President and passage into law. The EU would welcome if Nigeria could give some information 
about the content of the draft law and its scope. For example, would car tels be covered and 
prohibited. Is there a leniency programme envisaged? Would bid rigging be covered? 34. Could 
Nigeria clarify the current state of play? Are there price controls? If so, in which sectors?  
 
Reply by Nigeria to questions 33 & 34 (wrong num bering) :  
6. The detailed information required is not available at this stage  
7. It will be more appropriate to await the passage of the draft bill  
 WT/TPR/M/356/Add.1  
 
- 59 - 
 
  EU follow -up question:  We understand that the law is not yet final, but would welcome 
clarifications from N igeria of the main intentions of the government when drafting the bill, 
especially whether it covers cartels (and if so whether a leniency programme is envisaged), 
whether it covers bid rigging, and whether price controls are addressed (and if so in which 
sectors).  
 
Answer:  
 
Draft Federal Competition and Consumer Protection Bill is still at the parliament. The Bill seeks to 
establish a Federal Competition and Consumer Protection Commission and Tribunal for the 
development and promotion of fair, efficient an d competitive markets in Nigeria, facilitate access 
to safe products by all citizens and protect the rights for all consumers in Nigeria. The Bill, if 
passed into law would establish a National Administrative Framework for consumer protection, 
remove regul atory overlaps, create regulatory harmony between the Commission and other 
agencies involved in consumer protection and create a strict liability offence for common unfair 
trade practices to deter indulgence by providers of goods and services . 
 
EU initial question 43:  Could Nigeria indicate which is the state of play of the programmes 
initiated under ATA (in particular as regards the Staple Crop Processing Zones)?  
 
Reply by Nigeria to question 43: "The Nigeria 's staple crop processing zones was initiated in  
2011 as a complement to the Agricultural Transformation Agenda (ATA). By 2015, it had become a 
critical lifeline as oil revenue shrunk and as a means to diversify the national economy. It 
introduces a long missing framework for Agro -processing investment in Nigeria. The objective of 
the initiative is to address the infrastructure constraints face by agribusinesses, and to encourage 
them to go deeper into the rural areas, to process as well as add value to our agricultural produce. 
These zones are being upg raded with improved infrastructure, especially roads, power, water, and 
gas supply, in order to reduce the cost of doing agribusiness in these rural areas. " 
 
EU follow -up question:  We would still like to receive details on the "Staple Crop Processing 
Zones " programme. In particular whether the programme has just been "initiated " or is actually 
implemented, and how much has already been spent to upgrade those zones.  
 
Answer:  
 
There are fourteen (14) zones of staple processing initiatives in Nigeria and none of them has 
taken off due to lack of funds . The programme was initiated in 2011 but has not been 
implemented due to lack of funds.   
 
EU initial question  46: Pages 64 -65 New Nigerian agriculture policy. EU notes that no data is 
available on land grabbing (o nly reference to the Land Use): Could Nigeria provide references or 
some data on land grabbing? Are the plans for financial assistance to farmers addressed to all kind 
of farmers or just to the ones within organizations/cooperatives?  
 
Reply by Nigeria to q uestion 46:  There are no available data or related information on the issue 
of land grabbing.  
 
EU follow -up question:  On the question of land grabbing, we note that there are plans for 
financial assistance but wonder whether this assistance goes to farmers  or to 
organisation/cooperatives?  
 
Answer:  
 
We are not aware of any assistance; the E -wallet system of the ATA makes credit and input 
available directly to the Farmers.  
 
 WT/TPR/M/356/Add.1  
 
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  NORWAY  
Questions:  
 
1. Can Nigeria confirm that the practice is under amendment and prov ide specific information 
on the details and the timeline of the planned amendment?  
2. Is Nigeria considering further measures to ensure the enduring elimination of harmful fossil 
fuel subsidies, also against future oil price hikes, while also providing access  to basic energy 
services for those in need?  
 
Answers:  
 
1. No, the practice remains the same.  
2. Yes, it is under consideration. There are ongoing programme being proposed such as 
Liquefied Petroleum Gas (LPG) to kerosene substitution and Gas flare commercializa tion 
which are intent ended to create economic opportunities for rural areas and mitigate adverse 
environmental impact on fossil fuels.  WT/TPR/M/356/Add.1  
 
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  REPUBLIC OF KOREA  
Questions:  
 
1. Does "trade " sector, which contributes 20% of GDP, in the service industry mean trade 
business? Why is the "trade " sector in service so large in Nigeria?  
2. According to Appendix Table A1.2 and A1.4, recent increases in imports are due to increased 
fuel imports and increased imports from the EU. So is the increase in imports from the EU 
due to t he increase in fuel imports from the EU?  
3. In 2017, Nigeria 's average applied rate is higher than in 2011. According to Chart 3.1, 
especially tariff rates are high in beverages, spirits and tobacco, transport equipment and 
animals and products etc. With rega rd to this situation, were there any big changes 
happening in Nigeria 's industrial structure and tariff policy?  
4. Nigeria is imposing a high import adjustment tax on various items besides tariff. Are you 
going to maintain this policy in the future? Please e laborate on the selection criteria of target 
for charge.  
5. Could Nigeria please explain what a threat of material injury "potential " industries from the 
last sentence of para 3.38?  
6. Could Nigeria explain differences and similarities between a safeguard duty and the 
Supplementary Protection Tax (SPT)?  
7. Could Nigeria please provide more detailed information about the 'additional function ' for the 
Organization, and increases penalties for non -compliance?  
8. Could Nigeria please explain the procedure for the MANCAP certificate, and fees?  
9. It seems to create an unnecessary obstacle (additional cost and time -consuming) to trade if 
Nigeria requires duplicated inspection, sampling, test by SON laboratory. Could Nigeria 
explain the reasons why these inspections, sampling a nd re -testing are necessarily required 
upon the products that already tested and certificated?  
10. Does Nigeria accept non -permanent or detachable labels, or marking or labelling on the 
products?  
11. It is hard to understand the underlined part. What is the Conso lidated Revenue Fund 
exactly? And what is the procurement for which the Bureau of Public Procurement is 
responsible for?  
12. The footnote 58 says six state governments implement the Act. Then, what about the other 
30 states?  
13. Do you consider to join the WTO -GPA or to participate as an observer in the WTO committee 
at a future time? Do you open the procurement market through the bilateral channels?  
14. While procurement is classified into three areas; goods, services, construction services 
(works), you divide the se rvices into "consultant services " and "Non-consultant services ". 
What is the scope of each service? Please define.  
15. Table 4.2 shows that the demand for rice (6.3 million tons) in 2016 is three times that of the 
supply (2.3 million tons). In Table 4.5, impor ts of rice in 2016 decreased 85% compared 
with the previous year. How do you meet the demand for rice?  
16. In Nigeria, imports of rice have significantly declined since 2012, due to the frequent bans 
on imports imposed by the authorities. What are the backgrou nd and reasons for this 
measure? And is there a period of prohibition on imports?  WT/TPR/M/356/Add.1  
 
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  17. Crude oil exports to Europe declined by 11.6% in 2014  (year on year). According to [Table 
4.9], total petroleum exports seem to be reduced by about 13 .8% during that period. If so, 
what is the region or country where exports have fallen more than Europe?  
18. Could you describe the exports to Europe using the value term in 2015? In addition, please 
confirm the unit of US$ 5,540.9 billion and US$ 4,873.3 billion. According to [Table  4.9], 
Nigeria 's total petroleum product exports in 2014 were US $ 77 billion.  
19. It seems that the progress has been made in the new draft of PIB legislation, which has 
been before the national assembly for a long time. The new draft is expected to relax 
regulations reflecting the opposition of exi sting stakeholders. If s o, what specific details have 
been relaxed? Also I hope that some issues of the current progress or drafting legislation will 
be addressed.  
20. Can you add a table that shows the detail figures s uch as refinery utilization rate, 
production, export, import and consumption during the review period? It will be possible to 
confirm the level of refinery rate to be able to cover that imports  
21. One of the reasons for the delay in the construction of the ne w refineries is the lack of 
subsidy policy. If so, it is understood that some of the estimated costs (from US$ 9 billion to 
US$ 14 billion) should be supported by the government. I wonder if this subsidy is in line 
with the current Nigerian government poli cy. 
22. What about changes in exports not only to Japan and EU but also to other countries? It is 
difficult to deduce from the text whether the sharp decline in exports to the EU is due to the 
EU's decline in LNG imports or the rise in imports from other count ries such as Japan.  
23. This sector seems to be likely to grow in the future. We also see an increase in production 
during the review period. If so, I wonder what has changed in exports during that period.  
24. It seems that the share of the manufacturing sector in  GDP is increasing. Could you describe 
the share of exports and imports?  
25. Nigerian government is implementing policies to reduce car imports and to increase 
production in the domestic automobile industry. If so, have there been any changes in 
actual car imp orts, exports and production during that period?  
26. This policy raises import tax on automobiles and cuts tariffs on auto parts to protect 
domestic automobile industry. It 's necessary to give a supplementary explanation about 
some impact (imports, etc.) of th at policy. In particular, for FBUs, tariffs have increased to 
70% (previously 22%), which seems to have a significant impact on imports  
27. How does the Nigerian government evaluate the recent reform of official exchange rate 
policy including a large adjust of  the official exchange rate in 2016? What is the timeline and 
plan of the Nigerian government to transit from the current dual -exchange rates regime to a 
market -determined exchange rate regime?  
28. What are the core differences between Special Economic Zones ( SEZs) and Free Trade and 
Export Processing Zones?  
29. The Nigerian government states that it is at "an advanced stage of preparatory work for 
implementation '. When does the government expect the implementation to begin?  
30. How do the tariff policies of the concer ned zones conflict with the common external tariffs of 
ECOWAS and what has been done to solve areas of conflict?  
31. Regarding the Smart Nigeria Project, does the Nigerian government has a plan to allow and 
extend the participation of foreign firms in the proj ect of construction and operation of 
broadband networks to introduce cutting -edge network technology to and encourage foreign 
investment in the ICT industry in Nigeria?  WT/TPR/M/356/Add.1  
 
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  32. According to the Nigerian National Bureau of Statistics, the informal sector 's share of  GDP 
for 'arts, entertainment and recreation ' was 89.1% in comparison to 10.9% of the formal 
sector. How does the Nigerian government plan to incorporate the informal sector with the 
formal sector to achieve sustained and inclusive growth of the entertainm ent sector?  
33. Are there restrictive regulations regarding the import and airing of foreign films/dramas in 
order to protect and foster the domestic entertainment business?  
34. The Nigerian government recently reconfirmed the extension of its decision to continue  to 
prohibit the purchase of foreign currency from the official foreign exchange market for 
importers who import 41 selected items that include materials related to construction such 
as cement, roofing sheets, steel pipes and many others. Does the Nigerian  government have 
plans to reconsider its position on goods related to construction to lower the costs of building 
houses?  
35. Could the Nigerian government clarify whether the installed capacity of the four refineries 
mentioned in paragraph 3.20 is the total i nstalled capacity or individual capacities? If it is 
the total installed capacity, is it correct that the refining capacity of a single refinery plant in 
the Lekki Free Trade Zone exceeds that of four existing refineries? Does the Nigerian 
government prior itize the improvement of operating refineries or the construction of new 
refineries to solve the lack of domestic gasoline supply?  
36. What legal and regulative loopholes that currently limit fair competition in Nigeria should be 
improved soon by the Nigerian government?  
37. As mentioned in Para 4.18, the report repeatedly concerns a risk of that ECOWAS regional 
market could be a dumping ground for products that have unfairly benefited from trade 
distorting domestic subsidies from third party trading partner. Could  the Nigerian 
government explain further the issue with more detail cases. How have Thailand ECOWAS 
and its member countries cooperated with each other to resolve this issue?  
Answers:  
 
1. Please refer to the Secretariat report which stated that "in 2015, the contributions to GDP 
from agriculture, industry, and services (including "trade ") were 21%, 16%, and 59% 
respectively (Table 1.1). The economy has now become services driven: with "trade " 
accounting for one third of the contribution by the sector to GDP. " 
2. You may please clarify further.  
3. The situation is under serious review and monitoring, in the context of the Economic 
Recovery Growth Plan (ERGP) which has recently been lunched by the Nigerian Government.  
4. The Import Adjustment Tax was granted to Nigeria fo r some items so as not to make the 
country a dumping ground for some foreign goods where the rate of duty in Nigeria, is at 
par with ECOWAS Common External Tariff (CET), and there is no Import Adjustment Tax, 
such goods shall have free entry into Nigerian market without additional payment, provided 
that proper declaration had been made at the point of entry. The objective is to encourage 
more development in strategic sectors of the economy.  
5. If such importation will affect local production in the country . 
6. There are no differences between the two. Both instruments are intended to serve as 
safeguard measures.  
7. Please See Section 26, 28, 31, 32 of SON Act 14. 2015.  WT/TPR/M/356/Add.1  
 
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  8.  
 
 
 Duly completed MANCAP Application FORM.  
 Certificate of Incorporation from CAC.  
 Evidence of paym ent. 
 Certificate of analysis.  
 Inspection Reports of products.  
 
MANCP FEES  
MANCAP/NIS ADMINISTRATIVE CHARGES  
S/N ITEM CHARGES  
 
MANCAP  
 
(i) Application Form  
                
(ii) Administrative Charges:  
   
 Cottage Industries (1-5 Products)   
 Small Industries        
 Medium Industries     
 Large Industries        
Above 5  
 
 Cottage Industries  
 Small Industries              
 Medium Industries         
 Large Industries           
 
       Revalidation  
                  
(iii) Factory Inspection                        
                  
N5, 000.00  
    
N 10, 000.00  
N 50, 000.00  
N 75, 000.00  
N 150, 000.00  
N/A WT/TPR/M/356/Add.1  
 
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  N/A 
N 200, 000.00  
N 300, 000.00  
 
Same as above . 
 
Inspection & Testing Charges to be paid twice a year:  
 
Cottage N 7,500.00  
Small N 30,000.00               
Medium N 50, 000.00             
Large N100, 000.00  
 
Note: MANCAP Fees is still under review in line with Ease of Doing Business. Most Processes are 
being digitalized. This will reduce the time and rigor involved in certifying products to MANCAP . 
 
9. The narration above is not true.  
SON tak es: 
 
 Samples on products without accredited laboratory test.  
 Samples in containers that is not fully loaded.  
 
Note: This is done randomly especially on Life Endangering items , e.g. Cables, Electrical Bulbs, 
Tyres, Spare Parts as SON is presently not at the  Ports (See: son.gov.ng)  
 
10. Generally No. But other products like steel rods, plastic pipes, non -permanent and 
detachable labels are applied . 
11. Consolidated Revenue Fund refers to an account in which all revenues or other moneys 
raised or received by the Feder ation are paid into.  The Bureau of Public Procurement is 
responsible for all procurements that are covered by the scope of application of the Public 
Procurement Act, 2017.  
12. All the States are expected to enact their respective laws on public procurement. Ho wever, a 
State will only be required to implement the Act if it derives  at least 35% of the funds 
appropriated or proposed to be appropriated for any type of procurement described in the 
Act from the Federation share of Consolidated Revenue Fund . 
13. Considera tion to participate as an observer in the WTO committee will be taken at 
appropriate time. Nigeria procurement market is generally opened and is not restricted to 
bilateral channels.  
14. The scope of "consultant services " and "Non-consultant services " is as de fined below:  
Consulting services are usually intellectual in nature and are considered technical services, 
the output of which is not equipment intensive. Advisory and project related services are 
typical consulting services which include: feasibility stud ies, project management, 
engineering services, finance and accounting services, training and development, etc.; Non -
Consulting Services, on the other hand, usually involve the use of equipment and specific 
methodologies to achieve their objectives. Some ty pical examples of non -consulting services 
are: equipment maintenance and repair, operation and maintenance services, utility 
management, installation and maintenance services, facility management, cleaning services, 
security services, etc.  
15. Local Production ; Government Reserve .  
16. No prohibition on rice except importation through land borders. Reasons for restriction 
measures: i) To conserve foreign reserves and ii) To enhance local production . 
17. The response will be provided later.  WT/TPR/M/356/Add.1  
 
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  18. The response will be provided  later.  
19. The senate recently passed the Petroleum Industry Governance Bill 2017;  this however 
awaits reconciliation with the House of Representatives. The key features in the Governance 
bill are a single independence regulatory commission that will govern u pstream, midstream 
and downstream sectors of the industry. The governance bill also create s a national oil 
company that operates its own asset and the asset management company that is assets 
manager. The governance also create a liability company which inh erit NNPC toxic assets. 
The National oil Company is a company with operating capability while the National Asset 
Management Company is an asset manager without an operating role. It is government view 
that streamlining the regulation will have a positive i mpact on the industries as a whole 
including IOCs and oilfield Services Company. Government policy is to limit the growth of 
bureaucracy while expanding investment opportunities in industry.  
20. Details will be provided later . 
21. The rational by the Federal Gover nment of Nigeria to build three new refineries is to end fuel 
crisis permanently. However, International Oil Companies, operating in the country are 
encouraged to invest in the building of refinery in the country, to move beyond the business 
of crude oil e xploration and to firmly support the vision of enhancing local production of 
petroleum product in Nigeria given the historical background of the challenges of the 
Petroleum sector in Nigeria, investment in the refineries is necessary now.  
22. The exact situati on including the assessment of the trends will be presented later.  
23. The Mining Sector is in Nigeria is developing fast going by the indices of applications for 
Mining Titles being received and processed and the returns on revenue from mining related 
activit ies as well as feedback from field officers of the physical presence of Miners in the 
various communities having various mineral occurrences. Unarguably, Nigeria is gradually 
growing into an irresistible mining destination as efforts are being made by Gove rnment to 
put in place the adequate infrastructure to engender easy evacuation of mineral commodity 
for export, strengthening of inter -agency collaborations as well as improving of  trade 
facilitations with relevant regional and international bodies.  
24. The data of the share of the manufacturing sector in GDP including exports and imports will 
be provided later upon verification.  
25. The policy, which was introduced in 2014, seeks to encourage local manufactory of vehicles 
while phasing out the importation of use d vehicles. Other objectives of the policy: job 
creation, stimulation of the value chain, diversification of the Nigerian economy, provision of 
affordable vehicles for the average Nigerian and above all promotion of foreign direct 
investment in the country . Additional information will be provided later.  
26. Volume of import of fully built units dropped.  
Smuggling of used and new vehicles increased.  
27. The Central Bank of Nigeria (CBN) aims to achieve a market -determined exchange rate 
regime, by allowing the Naira float freely as pressure on the Naira. The government will also 
review and possibly remove a ban on accessing foreign exchange for 41 goods and services, 
said the Economic Recovery and Growth Plan 2017 -2020, released by the Budget Ministry.  
28. The objectives of both include: development of disadvantage regions, generation income 
and employment, attracting investments, especially foreign direct investments, and 
promoting technology transfer. The objectives are pursued by providing a series of 
incentives to comp anies and firms operating in those zones. In Nigeria, the President is 
empowered to designate areas as "Export Processing Zones " on the recommendation of the 
Nigerian Export Processing Zones Authority (NEPZA). Zones may be managed by public or 
private enti ties or a combination of both under the supervision of the authority.  
29. As stated in the government report of Nigeria, preparatory work for implementation is at an 
advance stage.  WT/TPR/M/356/Add.1  
 
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  30. Non harmonisation of the procedures especially the rebates/duty are applicable  
31. Yes. The technology is actually with foreign partners.  
32. Over the years, the Entertainment and Creative sector in Nigeria operated as an informal 
sector as Government was not investing in the sector. However, in recognition of the 
significant contributions  of the sector to the GDP and to incorporate the sector as one of the 
formal sectors for economic growth, the Nigerian Government established a Three [3] Billion 
Naira Project Act Nollywood  Grant in 2013.  
The grant was to encourage growth and sustenance of  Nigeria 's Movie Industry to realise its 
potentials as a significant sector for employment generation and contributor to National GD P 
with the following components:  
 
 Capacity Building Fund (CBF);  
 Film Production Fund (FPF);and  
 Innovative Distribution Fund (IDF)  
  
In addition, the Nigerian Government 's Economic Recovery and Growth Plan (ERGP) 2017 -
2020 is designed to give specific attention to the Entertainment and Creative sector by 
developing a special funding window, providing incentives for private secto r investment and 
strengthening enforcement of Intellectual Property Rights. The Film Industry is the specific 
sub-sector for intervention in the ERGP for the 2017 Fiscal Year.  
33. There are no restrictive regulations regarding the import and airing of foreign films/dramas 
in order to protect and foster the domestic entertainment business in Nigeria however, 
foreign content is permissible provided it conveys intrinsic relevance to the education, 
information and entertainment of the Nigerian citizenry. However, f or the purpose of free -to-
air terrestrial broadcasts, Nigerian music must constitute 80 % of all its musical content and 
there must be principle of reciprocity in programme exchange.  
34. The measure was temporary and with the improvement in Forex in flow, the 
flexibilization/lifting of the measure will soon be achieve in the few months. The review of 
the list is ongoing and so far, access to Forex for some items which had hitherto been 
wrongly classified by Authorised Dealers (ADs) and denied access to foreign e xchange from 
the local markets had been approved and list and communicated to the ADs implementation 
accordingly . 
35. Yes, as stated in the Paragraph 3.20. Specifically, the proposed Dangote Oil / Petroleum 
Refinery has the capacity and capability to double Ni geria's current refining strength. Yes, it 
is not in doubt that the Nigerian Governemnt prioritzes the improvement of existing refinery, 
including the construction of new refinery, in order to meet domestic needs as well as 
conserve foreign exchange by red ucing importation.  
36. The critical factors that should be taking into account are the social and economic policies 
affecting fair competition in Nigeria including the role of the Government in ensuring a 
conducive regulatory environment to promote fair compet ition across the sectors of the 
economy.  
37. The critical justification for the collaboration is under scored by the general observation that 
the majority of cross -border traders are ignorant of the provision of the ECOWAS trade 
instruments and frameworks. A t ax force on the challenges of the implementations of the 
ECOWAS Trade Liberalization Scheme (ETLS), has been inaugurated and presently touring 
ECOWAS members state on facts finding mission. Cases of dispute are being addressed 
through consultative mechanis m. WT/TPR/M/356/Add.1  
 
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  SINGAPORE  
Questions:  
 
1. We note that importers of 41 categories of items have been banned from access to foreign 
exchange by the Central Bank of Nigeria since August 2015 to encourage local production 
for certain products. Can Nigeria please elaborate ho w the restriction of access to foreign 
exchange for these 41 items corresponds with Nigeria 's WTO obligations?  
  
2. Can Nigeria also provide an indication on when this foreign exchange restriction might be 
lifted?  
 
Answers:  
 
1.  The measure is temporary, and the deviation is absolutely necessary given the economic 
challenges that the country is currently experiencing.  
 
2.  The flexibilization/lifting of the measure would be done as appropriate in consultations with 
the relevant stakeholders.  WT/TPR/M/356/Add.1  
 
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  COLO MBIA  
Question s: 
 
1. Taking into account the results described by the Secretary, is the Nigerian government 
planning to modify its FDI legislation and reforming sectoral taxes and incentives?  
2. More specifically, is the Nigerian government plann ing to modify paragraph (d) o f Article 31 
of the Investment Promotion Law due to the uncertainty brought by the possibility that the 
Federal Executive Council deny private investment in new sectors where foreign companies 
are interested in investing?  
3. Can the Nigerian government share  some partial results of the Nigerian Industrial Revolution 
Plan (NIRP)?  
4. What actions have the Nigerian government done to improve its position on the 
International Transparency " Index from the Doing Business Report taking into account that 
its position in  2016 was 101 of 176?  
5. We request more information on the policies implemented and results obtain by the Small 
and Medium Enterprises Development Agency of Nigeria (SMEDAN). We also request 
information on SMEDAN 's functions and institutional framework inclu ding how is it is 
positioned inside the Nigerian government.  
Answers:  
 
1. An amendment of the NIPC Act is currently pending before the National Assembly, and a 
reform of the pioneer status approval regime is also in process; the reform is aimed at 
increasing transparency and process efficiency, better articulating the expected economic 
benefits, and improving the Federal Government 's ability to measure the impact of the 
incentive.  
2. The restriction in Article 31d refers to both foreign and Nigerian investors. It  is not 
discriminatory to foreign investors.  
3. The NIRP is currently under review by the Federal Government in consultations with critical 
stakeholders.  
4. Government is waging war against corruption through fiscal & legal measures and 
institutional frameworks that has led to the establishment of the investigating authorities. 
Government has also put in place measures to improve the quality of government policies, 
enhance the efficiency of institutions, encourage respect for the rule of law and citizens ' 
politic al rights, and promote rules to foster accountability and transparency. For instance, 
with the enactment of Freedom of Information Act citizens have unfettered access to public 
information. Similarly, reform of the tax regime is on -going as efforts are bee n sustained to 
ensure the elimination of multiplicity of taxes among the tiers of the government. The 
introduction of Unique Taxpayers Identification Number (UTIN) will streamline and 
harmonise tax system in the country thereby reducing the challenges of t ax administration 
and management across the tiers of government in the country.  
5. The Agency introduced the national enterprise development programme which runs in every 
state of federation and as actually led to the establishment of over 800 enterprises ac ross 
the nation. The Agency has also engineered the national council that oversees the 
development of SMEs in Nigeria, by bringing together stakeholders in the industry under one 
umbrella and also provides funding when necessary.  
The mandate of SMEDAN as c ontained in the enabling Act can be summarized as follows:  
 
 stimulating, monitoring and coordinating the development of the MSMEs sub -sector;  
 initiating and articulating policy ideas for SMEs growth and development;  WT/TPR/M/356/Add.1  
 
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   promoting and facilitating development p rogrammes, instruments and support services to 
accelerate the development and modernization of MSMEs operations;  
 promoting and providing access to industrial infrastructure such as layout, incubators, 
industrial parks;  
 intermediating between MSMEs and gove rnment and importantly, working in contact with 
other institutions in both public and private sector to create a good enabling environment 
of business in general, including MSMEs activities in particular.  WT/TPR/M/356/Add.1  
 
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  RWANDA  
Questions:  
  
1. The Nigerian delegation has be en repeatedly expressing interest in e -commerce rules for 
development. Can the Nigerian delegation share the national e -commerce experience and the type 
of multilateral development -driven rules that the delegation is looking for?  
Answer:  
 
1. Nigeria as a memb er of Friends of E -Commerce for development (FED) attaches high 
importance to the issue in view of its potential for promoting development. In line with 
Government priority on digital economy, Nigeria is developing a national framework and 
strategy to ensu re that we derive maximum benefit from cross border e -commerce while 
addressing the infrastructure and regulatory related challenges.  WT/TPR/M/356/Add.1  
 
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  OMAN  
Questions:  
1. As you mentioned in your Government 's report, Nigeria welcomes development 
partnerships, either technical  or financial, in the implementation of different programmes. 
What are the available opportunities and advantages that your country can offer to Members 
wishing to engage in trade partnerships with you?  
Answers:  
1. Nigeria is the largest economy in Af rica, an d according to Goldman S achs, one of the next 
eleven countries with a high potential of becoming among the world 's largest economies in 
the 21st century. Also, Nigeria is the most populous country in Africa with 188.5 million 
people estimated to be 480 mil lion by 2050. It is a youthful population. Over 36% are 
between 15 to 35 years. In terms of market access, Nigeria is advantageously located in the 
Gulf of Guinee, with direct freight access to North America, South America, Europe, and 
Asia. Nigeria can be  the production hub to access a developed market. In addition, Nigeria 
has some of the largest deposits of precious stones in Africa. The Government of Nigeria has 
created a favo urable climate for business and industrial ventures. Administrative and 
bureau cratic procedures have been greatly streamlined; furthermore the Government has 
put in place policy and programs that guarantee a free market economy.  
 WT/TPR/M/356/Add.1  
 
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  COSTA RICA  
Questions:  
1. According to paragraph 3.102 of the Report by the Secretariat, importation of ref rigerated or 
frozen meat (including beef, pork, mutton, and frozen chicken) remain prohibited, but the 
measures where under review. Please give an explanation of the reasons for maintaining 
these measures and for how long they will be applied?  
2. According to  paragraph 3.35 of the Report by the Secretariat, the Central Bank of Nigeria 
will not grant foreign exchange to import certain goods. Is this ban consistent with 
international commitments? Can this problem be solved differently, through promoting 
exports or invoking flexibilities in WTO laws? Is this ban temporary? Is Nigeria reviewing 
these policies?  
Answers:  
1.  It is a safeguard measure intended to protect the human and the environment.  
2.  The measure is temporary and under review. However, as soon as the necessary 
institutional and technical capacity is  acquired, appropriate alte rnative trade policy 
instrument (s) would be considered.  WT/TPR/M/356/Add.1  
 
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  THAILAND  
Questions:  
 
1. Please identify the top 5 ranking of those services and please elaborate on 
conditions/requirement s with which foreign persons have to comply in order to be employed 
in Nigeria.  
2. According to Article 3.34. (Page 43) on the Secretariat 's Report, Could Nigeria please 
elaborate further on the criteria for consideration of products under "Import Prohibition  List 
by Trade "? 
3. According to Article 3.35. (Page 43) on the Secretariat 's Report, it stated that "in order to 
combat smuggling, Nigeria prohibits the import of specified goods (rice since 2013 and 
vehicles since 2016) through land borders. Thailand would like to know how long will this 
measure be implemented. And, are there any other alternative measures that may be less 
trade -restrictive to prevent such illegal convoy?  
4. According to Article 3.36. (Page 43) on the Secretariat 's Report, Could Nigeria explain  more 
on the recent tariff reduction on specified quantities of imports of selected products (i.e. 
cement and frozen fish), under the scheme operated under tariff quota system?  
5. According to Article 3.37. (Page 43 –44) on the Secretariat 's Report, Nigeria do es not 
maintain any general import licensing requirements, but import permits may be required to 
import goods which are on the import prohibition list by trade granted by the President. 
Please explain what the method of President 's decision making is and h ow to ensure whether 
the President 's approval has fully complied with the transparency mechanism?   
6. According to Article 4.123. (Page 82) on the Secretariat 's Report, With regard to road user 
charges, whether Nigeria distinguishes between those charges on local road and those on 
expressway? Does this policy on road user charges prevent Nigeria from attracting foreign 
direct investment?  
7. According to Article 4.124. (Page 82) on the Secretariat 's Report, Please Nigeria elaborate 
on measures aiming to promote p rivate 's sector participation in the development of road, 
rail, water, and air transport infrastructure, specifically by means of build -operate -transfer 
or build -operate -own arrangements.  
8. According to Article 4.149. (Page 86) and Article 4.152. (Page 87) o n the Secretariat 's 
Report, to be in line with and support the implementation of the SMP, As Nigeria planned to 
streamline the process of license application for mobile service operator?  
9. According to Article 4.10. (Page 63) on the Secretariat 's Report, Nig eria mentioned that 
"Imports of rice have significantly declined since 2012, due to frequent ban on imports 
imposed by the authorities. " Thai Parboiled Rice is not considered as banned product; 
however, Thailand faces difficulty in exporting Thai Parboiled  Rice to Nigeria because of the 
Nigerian requirements that required Thailand to use Nigerian Naira as a mean of transaction. 
This is practically a banned product. Thailand would like to inform that by adjusting its policy 
of agricultural imports, it would significantly boost Thailand -Nigeria trade values.  
10. According to Article 3.82. and Article 3.83. (Page 50) on the Secretariat 's Report, it was 
found that during the period from January 2011 to November 2016, Nigeria has established 
222 new standards and all  Nigerian Standards are mandatory (Article 3.83.). However, 
Article 3.82. states that Nigeria submitted only 3 notifications to the WTO. Thailand would 
like to know reasons why there was difference in number of new standards and those 
notified to WTO.  
11. According to Article 4.25. (Page 67) on the Secretariat 's Report, the strategies adopted by 
fisheries sector include a combination of management measures, mainly technical and input 
controls as well as output controls and economic incentives. So could Nigeria specifically WT/TPR/M/356/Add.1  
 
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  explain in details about management measures, including input controls, output controls and 
economic incentives?  
12. According to Article 3.35. (Page 43) on the Secretariat 's Report, since Nigeria prohibits the 
imports of specified goods, includin g rice, through land border, moreover, importers of 41 
categories of items, especially rice, have been banned from access to foreign exchange by 
the Central Bank of Nigeria, Could Nigeria provide the reason of applying these two 
measures, and how does Nige ria currently manage import administration in order to meet 
domestic demand for rice?  
13. According to Article 3.36. (Page 43) on the Secretariat 's Report, since Nigeria grant tariff 
reductions on specified quantities of imports of selected products including rice sugar and 
frozen fish, Does Nigeria bind the Tariff Rate Quota for the WTO commitment?  
14. If not, does this practice comply with WTO rule?  
15. Could Nigeria provide more information about the practice and how to obtain the tariff 
reductions?  
16. According to Sum mary 19. (Page 9) and Article 2.47. (Page 34) on the Secretariat 's Report, 
the report notes the difficulty and high cost of doing business in Nigeria, including 
burdensome customs procedures and documentation requirements. Does Nigeria have any 
specific pl an or measures to solve these issues and improve Nigeria 's trading and investment 
environment in order to achieve the government 's target of promoting the economic 
diversification and growth by private sector investment?  
17.  If so, please provide further info rmation and details on these plan and measures.  
18. According to Article 3.3.6 (Page 54) on the Secretariat 's Report, Could Nigeria please 
provide more details on the legislation or regulation about privatization for state -owned 
enterprises; specifically the o bjective and strategic direction related to how state -owned 
enterprises are chosen for privatization or kept as state enterprises in conducting social and 
welfare – related mission?  
19. According to Article 4.4.2 (Page 81) on the Secretariat 's Report, public -private -partnership 
(PPP) is an important mechanism for government agencies to strengthen economic and 
social development through the binding of private sector expertise, sharing of risks and 
provision of additional sources of funding. Does the government of Nigeria has any policies 
or strategic measures to support PPP projects at both the national and regional levels, 
especially the use of PPP for key infrastructure projects of the country?  
Answers:  
 
1. The requirements or conditions which foreign persons mus t comply to be employed in 
Nigeria are indicated in Nigeria 's services commitment under the WTO . 
2. The Tariff Technical Committee under Federal Ministry of Finance is responsible for 
consideration of products under import prohibition list by Trade which is b ased on Nigeria 's 
fiscal policy measures. The list is usually reviewed quarterly  
3. The measure is temporary.  
4. It is intended to encourage and boost local production. Rice, sugar, cement are covered 
under the backward integration program  intended to boost loca l production and improve the 
value chain. To benefit from the scheme: you must be able to provide value addition in the 
processing of these product s. 
5. Mr. President 's decision is based on recommendations by Tariff Technical Committee (TTC) 
under the Federal  Ministry of Finance  
6. The charges are not the same and it does not prevent foreign direct investment.  WT/TPR/M/356/Add.1  
 
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  7. There is Nigeria Infrastructure Regulatory Commission. The key strategy objective is to 
accelerate investment in national infrastructure through private s ector funding, by assisting 
the federal Government and MDAs to implement and establish effective PPP Procurement.  
8. Yes. 
9. Nigeria notes the information . 
10. Nigeria is mindful of the fact that we are behind. However, efforts is currently been made to 
ensure Niger ia fulfil its notification obligations including those on standards . 
11. The information required is not available at this moment . 
12. Importation of rice is not prohibited. Even the restriction on Forex is a temporary measure.  
13. Nigeria does not operate a tariff ra te quota. Cement manufacture . 
14. This does not apply . 
15. It is intended to encourage and boost local production. Rice, sugar, cement are covered 
under the backward integration program  intended to boost local production and improve the 
value chain. To benefit fro m the tariff reduction, you must be able to provide value addition 
in the sector.  
16. Yes. 
17. The details include: reduction in documentation; reduction of numbers of agencies in 
boarders; single window; and simplified clearance procedures.  
18. Answers to be provided  later. 
19. Answers to be provided later . WT/TPR/M/356/Add.1  
 
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  KENYA  
Questions:  
1. What steps is Nigeria taking to address challenges it faces in the manufacturing sector which 
remains largely underdeveloped? It there a road map in addressing these challenges?  
2. To what extent does t he Nigerian Government acknowledge that wealth inequality among its 
peoples and regions is a serious problem and can pose a national security risk? What policies 
and programmes has Nigeria put in place to address the issue of inequality?  
3. How does the Gove rnment of Nigeria intent to control the growing inflation considering that 
it is implementing an expansionary fiscal policy?  
4. We note that Nigeria 's has not taken full advantage of export opportunities under AGOA. 
What challenges is Nigeria facing in explo iting opportunities and AGOA and what steps are 
being undertaken to address these challenges?  
5. Could Nigeria provide more information on the current status of its tariff reduction scheme 
applicable on selected imported products?  
Answers:  
1.  
 Development of NIR P with the focus on the entire value chain of sub -sectors where Nigeria 
has comparative and competitive advantage;  
 Nigeria has attained the position of a net exporter instead of a net importer of cement with 
no import permit issued in the whole of 2012 for  cement importation, while a saving of N200 
billion worth of foreign exchange was made. More than two million jobs were also created;  
 The Onne Oil and Gas Free Zone was transformed with an investment of US$6 billion, 
leading to the attraction of 150 compa nies into the zone with 30,000 jobs created to date;  
 With an installed capacity of over 28 million metric tonnes  per annum in the cement industry 
through the implementation of the Backward Integration Policy, Nigeria now has the largest 
cement plant in the  world;  
 Reduction in the volume of sub -standard goods from 85 % to 60%; and  
 Strengthening of the One -Stop Shop in the Nigeria Investment Promotion Council to 
facilitate the rendering support services to manufacturers.  
 Signing of Foreign Investment Protecti on Agreements with most friendly Countries to 
guarantee the safety of investments of contracting parties in the event of unforeseen 
circumstances;  
 Re-engineering of Nigeria 's Commodity Exchange operations with the upgrade of Abuja 
Securities and Commodity Exchange to Nigeria Commodities Exchange;  
 Reduction in transit time of goods within the ECOWAS sub -region through the 
implementation of the Sea Link Coastal Ferry Services Project;  
 Formalization of informal trade through the establishment of a Trans -Nation al Border Market 
at Okereke in Oyo State;  
 Improvement in Nigeria 's global competitiveness ranking by 12 points to 115/144 countries 
in 2012;  
 Amendment of the Corporate Affairs Commission (CAC) Regulations to make the business 
registration process more effi cient and cost effective, leading to potential annual savings of 
N1 billion to investors;  WT/TPR/M/356/Add.1  
 
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   Commencement by CAC of 24 hour registration of businesses in Lagos and Abuja leading to 
potential savings of N500 million to investors; and  
 Exportation of 117 product s to 103 countries in 2012 through the "Commerce 44 " initiative.  
2. The Federal Government recently  rolled out social a comprehensive social safety net 
programmes to address unemployment as well as improve the conditions of living of the 
extremely poor and vu lnerable Nigerians (e.g. N -Power, YouWin among others)  
3. The Federal Government is using appropriate monetary and fiscal policies to control growing 
inflation.  
4. The challenges Nigeria is facing in AGOA include deficit in trade related infrastructure, high 
cost of doing business, high standard and lack of awareness of AGOA by some stakeholders. 
Nigeria has developed AGOA response strategy to address the challenges and increase its 
participation and benefits from AGOA.  
5. It is intended to encourage and boost loca l production. Rice, sugar, cement are covered 
under the backward integration program  intended to boost local production and improve the 
value chain. To benefit from the scheme  you must be able to provide value addition in the 
processing of these product s. WT/TPR/M/356/Add.1  
 
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  INDONESIA  
Questions:  
1.  Please explain Nigeria 's application to import prohibited goods or restricted products 
procedures in light of its WTO obligations, including Article XI of the GATT?  
2. Could Nigeria explain how such a ban is consistent with WTO rules?  
3. Is there a schedule to remove the measure, or to decrease the number of products subject 
to it? 
4. What is the scientific justification for not allowing imports of cooking oil, soap, detergent, 
notebooks, cement and furniture 's? 
5. Please provide further informa tion on how Nigeria determines the quantity in granting tariff 
reduction  
6. Please provide further information regarding tariff quota system in Nigeria.  
7. Does Nigeria apply quota to certain products such as frozen fish, rice, and fuel oil? How does 
this policy  comply with the WTO regulation?  
8. Please explain details what is the basis imposition of the regulation?  
9. Would Nigeria consider removing  the regulation?  
10. While ECOWAS CET tariff bands have been implemented since April 2015, will there still be 
possibility fo r Nigeria to negotiate a bilateral free/preferential trade agreement with other 
countries? If yes, could Nigeria please explain the procedure and requirements to conduct 
such negotiation in relation to the implementation of ECOWAS CET and customs union? 
Could Nigeria please further explain the roadmaps of the implementation of ECOWAS CET 
and customs union?  
11. Could Nigeria please explain the type of scheme for tariff reduction that was referred in the 
Secretariat 's report (WT/TPR/S/356 page 43 para. 3.36)? Has  this scheme been notified to 
the WTO? Where to obtain/access such information on tariff reduction?  
12. Could Nigeria please explain on the methodology of the selection of the 41 list of products 
that are not valid for foreign exchange in the official Nigerian  foreign exchange market?  
Answers:  
1. Since Nigeria 's last review in 2011, the number of products on the "Import Prohibition List 
by Trade " has been gradually reduced from 44 to 23. However, some product groups have 
been added to the list more recently: cane or beet sugar and chemically pure sucrose; 
rethreaded and used pneumatic tyres; used motor vehicles; and farmed fish (Table A3.4).14 
The goods on the absolute import prohibition list have remained unchanged since 2011. This 
list has been primarily maintain ed on moral or safety grounds (Table A3.5).15 the "Import 
Prohibition List by Trade " is not applied to ECOWAS countries.  
2. Yes, furniture 9401 -9406; Plastic 3923/3924 have recently been removed.  
3. To allow for value addition : 
 Furniture is no longer in the proh ibition list  
 Cement in bulk is not prohibited, except packaged for retail  
 Soap/detergent in bulk is not prohibited.  WT/TPR/M/356/Add.1  
 
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  4.  The information will be provided as soon as possible after verification with the relevant 
Nigerian authorities.  
5.  The information will  be provided as soon as possible after verification with the relevant 
Nigerian authorities.  
6. Yes. 
7. Yes, Nigeria apply quota to some products such as rice, sugar cement and frozen fish which 
is determined TTC under Federal Ministry of Finance.  
8. The Nigeria re serve held at the CBN has seriously declined since 2013, a development that 
conceded with the decline in the price of crude oil.  
9. Not at the moment.  WT/TPR/M/356/Add.1  
 
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  EGYPT  
Question : 
 
1. Could Nigeria please explain the basis for the inclusion or removal of products from the 
"Import Prohibition List " and on what grounds are products such as furniture, carp ets are 
included in the list?  
 
Answer : 
1. Mainly to protect local industries and conserve foreign reserve. Furniture has been removed 
from prohibition list. Such concerns are wit hin the purview of the Tariff Technical Committee 
for review/consideration as appropriate.  WT/TPR/M/356/Add.1  
 
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  TURKEY  
Questions:  
1.   Could Nigeria explain what measures it plans to take in order to indemnify foreign investors 
resulting from significant gap between the offic ial exchange rate and the parallel market 
exchange rate?  
2.  Could Nigeria explain its common policy about Free Trade Agreements with third countries 
under the provisions of ECOWAS?  
3.  Could Nigeria elaborate on what exactly is the main complaint/disagre ement about the 
present form of the EPA?  
4. It is stated in the Secretariat Report that "Foreign ownership of firms is allowed up to 100% 
in all but the petroleum sector where investment is limited to joint ventures or production -
sharing agreements; the gover nment owns a share of 55%. " Could Nigeria explain whether 
it is planning to liberalize this sector and decrease the role of the government?  
 
5. The Bilateral Investment Treaty between Nigeria and Turkey is signed on 02.02.2011. 
Although Turkey completed the ratification process, ratification process is still going on in 
Nigeria. Could Nigeria provide information about the ratification process of this treaty?  
6.  Could Nigeria explain whether there are any plans to overcome obstacles related to ease of 
doing b usiness?  
7.  Could Nigeria explain what measures that it plans to take in order to overcome obstacles 
related to facilitate trade and custom procedures?  
8.  Could Nigeria explain whether it has a plan to lift the above mentioned ban?  
9. Could Nigeria expla in the rationale behind "the port development levy "? Could Nigeria 
elaborate on how this taxation policy is consistent with Article VIII.1(a) of the GATT which 
stipulates all fees and charges in connection with the importation shall be limited in amount 
to the approximate cost of services rendered?  
10.  Could Nigeria specify which products ' import has been prohibited for the reason of protecting 
domestic industry? Could Nigeria provide the justification of import prohibition on the 
grounds of protecting dom estic industry especially with respect to Article XX of the GATT?  
11. Could Nigeria express if there are any plans for revising the Scheme in accordance with its 
WTO obligations as Nigeria no longer qualifies under the exception under Article 27.2 of SCM 
Agreement?  
Answers:  
 
1. Based on the Nigerian law, investors are expected to import and exports foreign currencies 
only at the official rate.  
 
2. Negotiations for FTAs and trade agreements are pursuant to sovereign constitutional 
authority . 
 
3. Nigeria could not sig n the EPA in its current form because it will lead to loss in fiscal 
revenue, investments and jobs; threaten regional economic integration/CFTA and undermine 
regions industrialization plan. This decision was taken following a comparative analyses that 
was conducted on the impacts of EPA on Nigerian economy The outcome of the analyses 
reveals that the overall impacts of the EPA will largely be negative than positive on major 
macroeconomic variables in the economy. The uncertainty surrounding the implementati on 
of the EPA Development Programme and how it will be incorporated into the production and WT/TPR/M/356/Add.1  
 
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  investment activities of the private investors is still uncertain. Specifically, the main areas of 
Nigeria 's concerns include: 1) The need to address the product mi x in Group "C" and "D", in 
order not to hurt Nigeria and West Africa Industrialization drive; 2) There is need for the 
development of a clear support  programme to enhance the competitiveness of products in 
group  "C" by the EU and ECOWAS Commission; 3) Th e agreement did not address the issue 
of re-imbursement of the fiscal loss for Nigeria and over 50% of some LDC budget that rely 
on custom duties, as well as loss of investments and jobs that will arise from signing the 
EPA. 4) The 6.5 billion Euros for th e EPADP financing is not satisfactor y, as its sources i.e. 
EDF, EU m ember States funding, Aid -for-Trade etc. all exist without EPA. Nigeria wants to 
be assured about additional funds to the current support; 5) There is a need for additional 
safeguard claus e/ instrument as declaration that would become an integral part of the 
Agreement; 6) The EPA text needs to be re -examined. For instance Article 60 on transfers is 
based on cooperation instead of legal guarantee to compensate for fiscal loss and ensure 
transfers into our economies. The language used by the EU for removal of export subsidy is 
on the best of endeavours  and not binding; 7) Review of the Agreement every 5 years, 
using agreed in dicators,  is needed and m ember States should reserve the right to pu ll out , 
if the  Agreement proves to be  disadvantageous to their economy; 8) The  EU needs to 
work out specific modalities with its own private sector and relate this to the EPA to locate 
production plants in West Africa in a joint venture arrangement to take advantage of raw 
materials for EU market; 9) The need for Monitoring provisions/benchmarks that should 
include economic  indicators like loss in revenue; jobs; impact on  MSME, loss of investment 
etc.; 10) There is need to put in place clear monitorin g and evaluation indicators to assess 
the impact of EPA on member  State 's growth and industrializ ation by ECOWAS Commission 
and m ember States.  
 
4. Partial Government ownership of equity is in the Joint Venture Arrangement, this ownership 
began in the early t o mid -1970s when the government acquired an interest using the 
provisions of paragraph 35 of the First schedule of the Petroleum Act 1969.  Government 
ownership in the Joint Venture (JV) varies but it is 55% for the Nigerian National Petroleum 
Corporation (NNPC) -SHELL JV and 60% in the NNPC -MOBIL JV, NNPC -TOTAL JV, NNPC -AGIP 
JV and NNPC -CHEVRON JV.  
 
With respect to the PSCs government through NNPC is the 100% equity holder. The 
International Companies IOCs are contractors to NNPC the Concessionaire.  
In some  cases, Production –sharing arrangements or agreements are between the Nigerian 
Sole Risk concessionaire and the contractor parties especially, in the AKPO field (OM 130) 
where the government has back -in interest and the AGBAMI field (OML 127 & 128) where 
the governments ' back –in interest is a subject to dispute with PHARMFA.  
 
5. All trade agreements are under review.  
 
6. In the 4th quarter of 2016, the President approved the establishment of PEBEC to 
progressively and sustainably easier to do business. Pursuant  to this, a national action Plan 
on quick reforms over 60 -days was implemented. In May, 2017, the acting President issued 
an Executive 01 order on Government transparency and efficiency which creates 
responsibilities for Government Ministries, Departments and Agencies (MDAs) in ensuring 
private sector enjoys ease in dealing with Government agencies. This is currently being 
implemented.  
 
7. Simplified clearance procedures; Reduction in documentation; trade portals, roll out of pre -
arrival report and also establ ishment of a robust risk management unit.  
 
8. Simplified clearance procedures; Reduction in documentation; trade portals, roll out of pre -
arrival report and also establishment of a robust risk management unit.  
 WT/TPR/M/356/Add.1  
 
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  9. Under the present arrangement, the Nigerian port administration has been concessioned to 
private terminals operators, who fix prices based on the cost of services rendered using their 
operational business consideration.  
 
10. Article XX of GATT does not apply . 
 
11. The Export Expansion Grant ( 'EEG' or 'the Scheme ') is one of the export incentives 
introduced by the Federal Government through the Export (Incentives and Miscellaneous 
Provisions) Act, No. 18 of 1986 as amended by the Export (Incentives and Miscellaneous  
Provisions) Act, No. 65 of 1992, Cap. E19, Laws of the Federation of Nigeria (LFN). The EEG 
is non -cash post -shipment incentive (Negotiable Duty Credit Certificates were given to 
beneficiaries for the settlement of customs and excise duty) designed to imp rove the 
competitiveness of Nigerian products and commodities and expand the country 's volume and 
value of non -oil exports. With the 2016 review of the Scheme, Government abolished the 
use of NDCCs and introduced the Export Credit Certificates for the sett lement of Tax by 
beneficiaries.  
 
The Scheme operates  a product -cum-company specific Weighted Eligibility Criteria template 
to assess beneficiary performance and determine the EEG rate applicable to each company. 
The 2016 review witnessed the upward review of the Eligibility Criteria and the downward 
review of the EEG rate from 5% -30% to 5% -15%.  
 
 
 
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