RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/CPV/20 
15 June 2005 
 (05-2509) 
Working Party on the 
Accession of Cape Verde Original:   English 
 
 
 
ACCESSION OF CAPE VERDE 
 
Additional Questions and Replies  
 
 
 The following submission, dated 30 May 2005, is  being circulated at the request of the 
Delegation of the Republic of Cape Verde.   
_______________ 
  WT/ACC/CPV/20 
 Page i 
 
 
 TABLE OF CONTENTS 
 
 
II. ECONOMY, ECONOMIC POLICIES AND FOREIGN TRADE ......................................1  
2. Economic Policies.............................................................................................................. ........1  
(a) Main directions of the on going economic policies..................................................................1  
(c) Foreign exchange and payments system .................................................................................6  
(d) Foreign and domestic in vestment policies ..............................................................................8  
(e) Competition policies........................................................................................................... .......9  
(f) Privatization policies......................................................................................................... ......10  
III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES AFFECTING 
FOREIGN TRADE IN GOODS AND TRADE IN SERVICES .........................................13  
IV. POLICIES AFFECTING TRADE IN GOODS ...................................................................19  
1. Import Regulation.............................................................................................................. .....19  
(a) Registration requirements for engaging in importing.........................................................19  
(b) Characteristics of national tariff ...........................................................................................26  
(c) Tariff quotas, tariff exemptions.............................................................................................28  
(d) Other duties and charges....................................................................................................... .28 
(e) Quantitative import restrictions, includi ng prohibitions, quotas and licensing 
systems ........................................................................................................................ .............31  
(h) Customs valuation.............................................................................................................. .....36  
(j) Pre-shipment inspection ........................................................................................................ .39 
(k) Application of internal taxes on imports...............................................................................40  
(l) Rules of origin ................................................................................................................ .........41  
(m) Anti-dumping regime............................................................................................................ ..41 
(n) Countervailing duty regime ...................................................................................................41  
(o) Safeguard regime ............................................................................................................... .....41  
2. Export Regulation.............................................................................................................. .....42  
(a) Registration requirements for engaging in exporting..........................................................42  
(f) Export financing, subsidy and promotion policies...............................................................42  
3. Internal policies affecting foreign trade in goods.................................................................44  
(a) Industrial policy, including subsidy policies.........................................................................44  
(b) Technical regulations and standards ....................................................................................47  
(c) Sanitary and phytosanitary measures...................................................................................49  
(e) State-trading practices........................................................................................................ ....49  
(f) Free zones ..................................................................................................................... ...........50  
(g) Free economic zones ............................................................................................................ ...50 WT/ACC/CPV/20 
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 (l)
 Government procur ement practices......................................................................................51  
(m) Regulation of trade in transit................................................................................................. 51 
V. TRADE-RELATED INTELLECTUAL  PROPERTY REGIME.......................................52  
2. Substantive standards of protection, including procedures for the acquisition 
and maintenance of intellectual property rights ..................................................................52  
(a) Copyrights and related rights................................................................................................52  
(b) Trademarks ..................................................................................................................... ........53  
(c) Geographical indications, including appellations of origin.................................................53  
(h) Requirements on undisclosed information, including trade secrets and test data............53  
- Transparency ................................................................................................................... .......54  
VII. INSTITUTIONAL BASE FOR TRAD E AND ECONOMIC RELATIONS 
WITH THIRD COUNTRIES ................................................................................................54  
ANNEX .......................................................................................................................... .......................56   WT/ACC/CPV/20 
 Page 1 
 
 
 II. ECONOMY, ECONOMIC POLICIES AND FOREIGN TRADE 
2. Economic Policies (a) Main directions of the ongoing economic policies 
 -  Pricing Policies
 
Question 1 
We appreciate the additional information provided by Cape Verde on its pricing policies in the 
response to Question 1 of WT/ACC/CPV/15.  Please clarify the following point: 
Are there any differences in the new regime from the previous one, except for the liberalization 
of price controls for onions and potatoes?  If so we would appreciate knowing what they are. 
Answer:  
Although it was published in the Official Bulletin No. 1, I Series, of 1 February 1999, Decree Law 
No. 1/99 was not implemented because it was never regulated as provided for under its Article 11.  
The price regimes created by Decree Law No. 53/84 of 16 June 1984 remained into force according to Article 14 of said Decree Law No. 1/99, which r eads: "It is revoked the Decree Law No. 53/84 of 
16 June but the existing enforced price regimes will stand into force up to the adoption and 
publication of the Ministerial Ordinances referred to in Article 11." 
So, the following price regimes created by Decree Law No. 1/99 was never implemented: - Watched prices; 
- Fixed commercialization margins; and 
- Secured prices. 
Former Decree Law No. 53/84 had created the follo wing price regimes which remained into force 
until the publication of Decree Law No. 52/2003 of 24 November 2003:  maximum prices; fixed 
commercialization margins; controlled prices; secured prices and free prices. 
Now, aside the free prices, there are the following pr ice regimes into force under the provisions of 
Ministerial Ordinance No. 2/2004, published in the O.B. No. 1, I Series, of 19 January 2004:  
1. Fixed prices - a) maritime cabotage services,  b) Water supply, c) electric power supply, 
d) fuel supply;  
2.  Maximum prices - a) wheat flour, b) bread, c) corn, d) rice, e) sugar, f) taxi (with taximeters) 
services; and 
3.  Negotiated prices - a) processed tobacco, b) pr ivate health care services, c) medicaments and 
other products for health care, d) communi cation services, e) collective transportation 
services. 
Pricing policies are also referred to in paragr aphs 25 and 26 of the Factual Summary dated 
25 October 2004 (Job No.7172). 
Question 2 
We appreciate the additional information provided by Cape Verde on its pricing policies in the 
response to Question 1 of WT/ACC/CPV/15.  Please clarify the following point: WT/ACC/CPV/20 
Page 2  
 
 Are mandated profit margin levels used to cont rol any prices, or are all the price controls 
maximum, fixed, or negotiated specific prices? 
Answer
: 
Neither the answer given to Question 1 of WT/ACC/ CPV/15 nor the laws and regulations into force 
refer to mandated profit margin leve ls used to control prices.  Manda ted profit margin levels are not 
part of the Cape Verde price regime. 
Prices are administered now by autonomous regul atory entities.  The regulatory body concerned, 
preceding consultations with the Chambers of Commerce Upper Council, is in charge.  The 
Government regulates the price contro l and the said regulatory entities. 
Please, note the price regimes into force referred to in Question 1 above. Each category of the above 
mentioned prices follows its own regime according to the legal provisions cited in the note to 
Question 1 of WT/ACC/CPV/15. 
Question 3 
We appreciate the additional information provided by Cape Verde on its pricing policies in the 
response to Question 1 of WT/ACC/CPV/15.  Please clarify the following point: 
How often are the price controls changed?  Answer:
 
Please, refer to the answer given to Question 1 of WT/ACC/CPV/15. As can be seen from the observations column and endnote in the response to Question 1 of 
WT/ACC/CPV/15, changes in price controls occurre d in 1994, 1998, 2003 and 2004.  Price controls 
are changed when prices in the international mark et place (term previously used was "international 
prices") have significantly changed.  Please note that  the 7 July 2004 control prices on gas, oil butane 
gas, kerosene were changed due to the impact of world oil and gas prices during this period. 
Thus, there is no fixed period for when price controls are changed. 
Question 4 
We appreciate the additional information provided by Cape Verde on its pricing policies in the 
response to Question 1 of WT/ACC/CPV/15.  Please clarify the following point: 
We are not aware that there are "international pr ices" for some of the products listed, e.g., 
bread and bakery products, or possibly wheat flour and butane gas.  Are there other methods 
used to fix these prices? 
Answer:
 
All the mentioned prices are calculated with appeal to economic criteria and the results are subjected 
for agreement of all the involved parties. 
The term "international prices" was either misuse d or mistranslated.  What was meant was the 
purchase price of the wheat grain, petroleum and other raw materials or, generally speaking, of the  WT/ACC/CPV/20 
 Page 3 
 
 
 economic factors incorporated during the processing and distribution of goods in the international 
market place, including Cape Verde. 
Please, refer to answer to Question 1 above. The butane gas prices, for example, are calcula ted by an entity known as Economic Regulatory 
Agency (Agência de Regulação Económica – A.R.E.),  as a function of the tariff studies performed 
and in arrangement with the petroleum companies that  operate in the national territory.  The principles 
of transparency in pricing and of the possibility of  a reasonable return on investment are preserved. 
Question 5 
We appreciate the additional information provided by Cape Verde on its pricing policies in the 
response to Question 1 of WT/ACC/CPV/15.  Please clarify the following point:  
Please report in the text of the Factual Summary where price controls, and changes in the scope 
or level of the controls, will be published for public review.  
Answer:
 
When laws, rules and regulations change the re lating approved texts are always published in the 
Official Bulletin, according to the Constitution because otherwise they can not be effective and valid. 
So, price controls, and changes in the scope or level of the controls , have always been published.  
Question 6 
Concerning the price controls authorized for to bacco and for drugs, Cape Verde reports that 
notwithstanding legal provisions for state controls , "the prices of drugs and tobacco have been 
fixed by their producers and importers." 
Is there a legal mandate to fix the prices of these goods?  If such controls are not applied, why 
does Cape Verde retain these legal provisions?  A re there plans to re-impose these controls at a 
later time? 
Answer:  
The legal mandate is established by Decree La w No. 52 of 24 November 2003 and Ministerial 
Ordinance No. 2 of 19 January 2004.  The legal pr ovisions cited in notes to Question 1 of document 
WT/ACC/CPV/15 are retained because the Governme nt plans to impose these controls when an 
agency for the regulation and supervision of phar maceutical and food products becomes effective. 
Question 7 
Concerning Table 1 of WT/ACC/CPV/15 and the footnotes: Is the list of controls in Table 1 comprehensive? 
Answer:
 
The list of controls in Table 1 (answer to Question 1) of WT/ACC/CPV/15 is complete and 
comprehensive.  Maybe, other clarifications was necessary, according to other questions, above and below, specifically Question 10 belo w, which are already answered.  WT/ACC/CPV/20 
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 Question 8 
Concerning Table 1 of WT/ACC/CPV/15 and the footnotes: Please list the products covered by the "Energy" category in Table 1. 
Answer:
 
A word is missing to qualify the noun. The correct name of the product is not "energy" but "electric 
energy" or "electric power supply".  
Question 9 
Concerning Table 1 of WT/ACC/CPV/15 and the footnotes: Can Cape Verde supply the level of application of the price control (e.g., the specific price or the 
maximum price) and the point of application fo r domestic and imported  goods for Butane Gas, 
Kerosene, Energy, Tobacco, Drugs, and Water  (e.g., upon importation, ex-factory, wholesale, 
retail, etc.)?  This information is not supplied in Table 1. 
Answer:
 
Laws, rules and regulations are app lied in its full extent, and the leve ls of enforcement are established 
by the legal relating texts.  The prices are duly controlled and calculated by regulatory bodies which 
enjoy full legal personality and capacity to perform  the functions assigned to them under the law and 
to enter into contracts and acquire, hold and dispos e of movable and immovable property.  Thus the 
level of control is of course effective, but as said before, tobacco and drugs are standing still in the 
queue waiting for the regulatory body, energy is electric power supply (on this, see answers to Questions 6 and 8, above).  Cape Verde does not have Crude Petroleum or Refinery and it neither 
produces leaf tobacco for industrial use.  The pri ces of Gas oil, Gasoline, Butane Gas and Kerosene 
depend on the course of Petroleum in the Stock Excha nge Market and, as said before, are calculated in 
consultation and with the intervention of the inter ested parties, after their Customs clearance and 
payment of Customs duties based on CIF prices.  Then, the price control is done in the national 
market, after the control has been made by the c oncerned regulatory body a nd in a homogeneous form 
for the entire national territory. 
The situation regarding tobacco a nd drugs is rather peculiar, because these are monopoly products, in 
the production as well as in the importation.  Pric e control on drugs will be effective when the 
regulatory body referred above becomes operationa l.  INPHARMA is the only company producing 
drugs and EMPROFAC buy all drugs produced by IN PHARMA and imports others to be sold in the 
domestic market [See paragraph 103 of the F actual Summary of 25 October 2004 (Job No. 7172)]. 
Tobacco is exclusively produced and importe d by Cape Verdean Tobacco Company [See 
paragraph 102 of the Factual Summary  of 25 October 2004 (Job No. 7172)]. 
Bread and bakery products are produced by local bakeries and wheat grains are grinded by MOAVE, 
a flour-milling plant.  However, Wheat flour can be imported by firms. 
Price controls on imported Butane Gas, Kerosene , Gas oil and Gasoline are not applied at the 
importation time, but rather at the point of sale.  Their prices in bulk are the selling price ex-
warehouse. 
Electricity flows from the ELECTRA alternating el ectric current power plant generators and the 
method as the supplying prices are calculated appear in the Table annexed at the end.  WT/ACC/CPV/20 
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 The way prices of the fuels are calculated can also  be seen in a Table annexed at the end.   
Question 10 
Concerning Table 1 of WT/ACC/CPV/15 and the footnotes: Can we assume that for Rice, Sugar (Granular ), Corn, Wheat Flour, Wheat Bran, Bread and 
bakery products, Gas oil and Gasoline price cont rols are not applied to imports at time of 
importation, but rather at the same point of sale  as for domestic production?  Please adjust the 
table to clarify this point. 
Answer:
 
Yes. For Rice, Sugar (Granular), Corn, Wheat Flour , Wheat Bran, Bread and bakery products price 
controls are not applied to imports at time of importation, but rather at point of sale. Cape Verde does 
not produce wheat, rice and sugar-beet. The production of sugar-cane and corn are insignificant  
For Gas oil and Gasoline price controls, please refer to the previous question. 
Annexed are tables on population and area of each island which ought to clarify the Cape Verde 
insularity coast, mainly, its implication on infrastructures and communication including goods' transportation and distribution coasts. 
The adjusted Table 1 of WT/ACC/CPV/15 is also annexed at the end. 
Question 11 
Concerning Table 1 of WT/ACC/CPV/15 and the footnotes: The footnotes appear to indicate that Regulato ry Decree No. 3/1993 of 15 February 1993 still 
has some legal effect.  Does it, and if so, what provisions remain in effect? 
Answer:
 
Regulatory Decree No. 3/1993 of 15 February 1993 do es not exist. In fact, the name of the act is 
mistranslated and its correct name is Decree Law No. 3/1993 of 15 February 1993.  It establishes the 
rules which shall obey the authorization for the introduction in the domestic market, the registry, manufacturing, importation, exportati on and commercialization of drugs.  
The said Decree Law No. 3/1993 remains into force in all its provisions, including Article 29 which 
provides that prices of drugs shall be establishe d by joint Ministerial Ordinance of Ministers 
responsible for Health, Industry and Commerce. 
Copy of Decree Law No. 3/1993 of 15 February 1993 was sent to WTO and is listed on the document 
WT/ACC/CPV/15/Add.1 of 25 August 2004. 
Question 12 
Concerning Table 1 of WT/ACC/CPV/15 and the footnotes: 
The footnotes also mention Ministerial Ordinance No. 2/2004 of 19 January 2004 as having 
authority in the area of price controls.  Pl ease outline its provisions and legal relationship WT/ACC/CPV/20 
Page 6  
 
 Decree Law No. 52/2003 of 24 November 2003, which we are told now, governs State sanctioned 
price controls. 
Answer:
 
Decree-Law No. 52/2003 of 24 November define s the price regimes for goods and services and 
authorizes the Ministers responsible for the relating sectors to stipulate what goods and services are 
included in each regime. Articles 1 to 4 of the Ministerial Ordinance No. 2/2004 of 19 January 
established in compliance with Article 7 of the said Decree-Law No. 52/2003 what goods and services 
are included in each price regime defined. 
Copies of Decree Law No. 52/2003 of 24 November  2003 and Ministerial Ordinance No. 2/2004 of 
19 January 2004 had been sent to WTO and are listed on WT/ACC/CPV/15/Add.1 of 
25 August 2004. 
Question 13 
We seek a commitment from Cape Verde that in th e application of price controls now or in the 
future, Cape Verde will apply such measures in a WTO-consistent fashion, and take account of 
the interests of exporting WTO Members as pr ovided for in Article III:9 of the GATT 1994.  
We also ask that Cape Verde confirm that it publishes the list of goods and services subject to 
State control and any changes in its Official Gazette  and will continue to do so after accession.   
Answer:  
The Government of Cape Verde, now and after th e country's accession to WTO, engages itself to 
respect the provision of Article III-9 of the GAT T 1994 while applying internal maximum price 
control measures, but such measures shall take acc ount of the interests of exporting WTO contracting 
parties supplying imported products concerned with a view to avoiding to the fullest practicable 
extent prejudicial effects before any. 
The Government of Cape Verde confirms that, in compliance with Article 264 of the Constitution, it 
always publishes the list of goods and services subject  to State control and any later changes in its 
Official Gazette and will conti nue to do so after accession. 
(c) Foreign exchange and payments system Question 14 Please update Cape Verde's efforts with the IMF to undertake the obligations of Article VIII of 
the IMF Articles of Agreement.  What obst acles exist to accomplishing this goal? 
Answer:
 
On 6 August 2004 the Government of Cape Verde acco rding to Section I of Article XIV of the IMF 
Articles of Agreement, informed the IMF of its d ecision to accept the obligations of Article VIII, 
Section 2(a), 3 and 4, with effect from 1 July 2004.  Besides, it announced it had then eliminated all restrictions on the making of payments and tran sfers in connection with current international 
transactions.  
However, the process was then delayed on the gr ound of an existing bila teral payment agreement 
signed between the Bank of Cape Verde and the Nati onal Bank of Cuba aimed in granting a credit 
facility, agreement which had been several times extended.   WT/ACC/CPV/20 
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 Question 15 
Cape Verde requires authorization by the Bank of  Cape Verde to obtain foreign exchange to 
import merchandise valued over CVE 5,000,000 (€ 45,345). 
Are these requests for authorizations often rejecte d?  Is there a right of appeal?  Why is this 
restriction applied? 
Answer:  
This is not a restriction. The payment of goods is completely liberalized.  An authorization from the 
Bank of Cape Verde is not necessary. 
For additional details, please consult Decree La w No. 25/98 and 26/98, both of 29 June 1998, 
published in the O.B. No. 23, I Series, of 29 June 1998, and the Bank of Cape Verde's Notice 
No. 4/98 published in the O.B. No. 47 of 21 December 1998. 
The following requests for operations relating to tran sfers are subject to previous verification by the 
Bank of Cape Verde:  
- transfer of invisible exports of an amount greater then ECV 1,000,000 included under heading 
"private unilateral transfers";  
- transfer of an amount greater then ECV 5,000, 000 for payment of services rendered or as 
revenues, except in case of interests relating to loans or credits agreed upon and previously 
authorized; and 
- transfer for final payments or pre-payments for current transactions when the anticipated 
instalment is longer then three months in re lation to the agreed dates for the purveying of 
goods or services and its amount exceeds EC V 1,000,000 and represents more than 
35 per cent of the contractual value. 
This operations or transactions are unencumbered and require, not an authorization but rather a prior 
verification by the Bank of Cape Verde which is a normal procedure adopted by all banks. 
Please, refer also to answer to Question 2 of document WT/ACC/CPV/19. These kind of requests for authorizations are not re jected if the applicant is in its due right. 
The right of appeal is constitutiona lly and legally protected as an individual right in any case where 
there is an offender and an offended.  
Question 16 
Cape Verde requires authorization by the Bank of  Cape Verde to obtain foreign exchange to 
import merchandise valued over CVE 5,000,000 (€ 45,345). 
Are there any other foreign exchange restrict ions, e.g., mandatory surrender requirements, 
prior import deposits, or a tax on the acquisition of foreign exchange? 
Answer:
 
There are no foreign exchange restrictions e.g ., mandatory surrender requirements, prior import 
deposits, or a tax on the acquisition of foreign ex change. As stated before, these operations are 
unencumbered, requiring only a prior ve rification by the Bank of Cape Verde. WT/ACC/CPV/20 
Page 8  
 
 (d) Foreign and domestic investment policies 
Question 17 Paragraph 20 of the Factual Summary states that foreign investment applications are subject to 
prior authorization by the Centre for Tour ism, Investment and Export Promotion of 
Cape Verde (PROMEX).   
Please list in the text the criteria used to evaluate investment requests and the means of appeal 
to rejections of the application. 
Answer:
  
According to Article 7 of Regulatory Decree No. 1/94 of 3 January 1994. 1.  Projects of external investment are assessed on the ground of their:  
(a) Compliance with laws and regulations enact ed in respect to each sector of activity;  
(b) Compliance with fundamental principles of inte rnal public order or in ternational Cape Verde's 
engagements;  
(c) Danger for national security, public health, envi ronmental balance, or archaeological, historic 
and cultural patrimony, or landscape,  natural or built patrimony;  
(d) Potential perverse effects or insufficient c ontribution towards national development purposes 
established in the National Development Plan;  
(e) Founded presumption that the project of creati on, expansion or substa ntial modification of 
economic activities to which the authorization's request refers can cons titute an unendurable 
burden for the existing or foreseen infrastructur es or general utilities, except if the petitioner 
guarantees in a protocol to be signed with th e Government the financing of the relating 
installation or reinforcement onus for a minimum period of five years;  
(f) Evident lack of the investors' aptness or lack of the investors' technical or financial capacity 
for operation's accomplishment to which the authorization requests refers;  
(g) False declarations. 
2.  For the purposes provided for in subparagraph (d) of the previous paragraph, the external 
investment operations and the quest for creation, e xpansion or substantial m odification of the relating 
economic activities are appraised by means of the global or partial verification of the following 
criteria:  
- Volume of the investment;  
- National value added;  
- Creation of new employments and improve ment of human resources and national 
performance;  
- Enhancement of the natural resources and take  advantage of domestic goods and services;  
- Inherent positive balance of foreign exchange currency for the Country;  
- Localization, taking into account the regional development plan;  
- Transfer of know how.  
The rejection of the application implies the prohi bition of the requested investment, notwithstanding 
the petitioner's right to appeal in legal terms either  to the court or to the Government. Any rejected 
application can be presented again for reconsideration.  
The Centre for Tourism, Investment and E xport Promotion of Cape Verde (PROMEX) was 
restructured and replaced by CAPEVERDE Invest ments – Capeverdean Agency for Investment  WT/ACC/CPV/20 
 Page 9 
 
 
 (CABOVERDE INVESTMENTOS – Agência Caboverdia na.de Promoção de Investimentos). Copies 
of the relating Decree Law No. 40/2004 and Regulatory Decree No. 7/2004 both of 11 October 2005 and published in the O.B. No. 30, I SERIES, of  2005 will be submitted to the Secretariat. 
Question 18 
Paragraph 20 of  the Factual Summary states that foreign investment applications are subject to 
prior authorization by the Centre for Tour ism, Investment and Export Promotion of 
Cape Verde (PROMEX).   
Are there any minimum value levels of investment?   
Answer:
 
There are no minimum or maximum value levels of  investment. The Government of Cape Verde 
confirms that there are no minimu m or maximum value levels of i nvestment for foreign and national 
applicants. This point may be included in  paragraph 20 of the Factual Summary. 
The Centre for Tourism, Investment and E xport Promotion of Cape Verde (PROMEX) was 
restructured and replaced by an agency named CAPE VERDE Investments as stated in the answer to 
Question 17 above.  
(e) Competition policies Question 19 With reference to paragraph 27 of the Factual Su mmary, please clarify the description in this 
section of the Factual Summary, e.g., whether th e policies described are actually in place, 
planned, or under development, and outline legisl ative requirements to implement the policy.   
Answer:
 
Decree-Law No. 53/2003 of 24 November revoked Decr ee-Law No. 2/99 of 1 February.  The policies 
described are actually in place. Reference to D ecree-Law No. 53/2003 was made on the amendment 
(to the Factual Summary proposed) by Cape Verde. 
Decree-Law No. 53/2003 retained the former competition policies which are actually in place, 
planned, and under development.  The Competition Council is not yet in place for the sake of 
budgetary and manpower headquarters constraints. However, it defines the powers, functions and 
composition of the Competition Council.  As this  body is not yet operational, the Government, 
therefore, continues to perform the said powers and functions. 
The Cape Verde's proposed amendment to Paragra ph 27 of the Factual Summary of 26 October 2004 
can be read as follows:  
27.  The representative of Cape Verde said  that, as per the Preamble of Decree Law 
No. 2/99 of 1 February 1999, the regula tion of competition policy in Cape Verde 
would be based on the need for product diversity and economic and technological 
advances.  A Competition Advisory Council, an independent quasi-judicial government entity would be established. Meanwhile Decree-Law No. 53/2003 of 24 November revoked Decree-Law No. 2/99 of 1 February but retained the former 
competition policies which are actually in place, planned, and under development.  
The Competition Council is not yet installed and operational for the sake of WT/ACC/CPV/20 
Page 10  
 
 budgetary, premises and manpower constraint s. However, Decree Law No. 53/2003 
(Official Bulletin No. 39 of 2003, I Se ries) defines the powers, functions and 
composition of the Competition Council. As this body is not yet operational, the 
Government, therefore, continues to perform the said powers and functions. The Council's primary function would be to adjudi cate claims of unfair trade, but it could 
also propose draft legislation to the Government.  Council Decisions could be 
appealed to the courts. 
A copy of Decree Law No. 53/2003 will be submitted to the Secretariat. 
(f) Privatization policies 
Question 20 
The information provided on Cape Verde's State owned sector to date is not presented in a 
coherent fashion in the Factual Summary, an d the response to Question 6 of document 
WT/ACC/CPV/15 is not sufficient. 
We appreciate that Cape Verde has moved to privatize many of its former state-owned 
enterprises, as outlined in WT/ACC/CPV/3, but we need a description for the Working Party 
report that gives a clearer picture of what has been done and what remains. 
Are the enterprises listed in Table 1 of th e Factual Summary all fully privatized?   
Answer:
 
The enterprises listed in Table 1 of the Factua l Summary are all fully privatized. Concerning 
EMPROFAC, only its 7 Pharmacies was privatized, while its headquarter and warehouses remained. 
The counting on the list below confirms that only rema ined to be privatized 5 enterprises: Meanwhile, 
EMPA has been liquidated. Then, the re maining 4 are TACV, ENAPOR, EMPROFC and 
CABNAVE. This is the actualized table and it replaces the former one. 
Original enterprise New privatized enterprise No. Fully Partially 
Agência nacional de viagens 2 ne w agencies (ANV & ANAV) 7 yes  
AGRIPEC Agripec. 1 yes  
CABETUR Cabetur. 1 yes  
CONCHAVE Conchave. 1 yes  
ENAVI Sociave (Mindelo); Enavi (Praia). 2 yes  
EMPROFAC 7 pharmacies (only the pharmacies) 7 yes  
FAP Aripec; Coopechav es; Prolac. 3 yes  
Justino Lopes Associação sector agrícola Justino Lopes; Carmac; Propec. 3 yes  
INTERBASE Salmar and INTERBASE 1 yes  
MACSOBIL Macsobil. 1 yes  
METALCAVE Metalcave. 1 yes  
MORABEZA Morabeza. 1 yes  
ONAVE Recoref; Belcab; Fun cave; Lusonave. 4 yes  
SITA Sita. 1 yes  
ULTRA Ultra. 1 yes  
ELECTRA Electra. 1  yes 
ENACOL Enacol 1  yes 
BCA Bca. 1  yes 
Caixa Económica Caixa economica. 1  yes 
Garantia (insurance company) Garantia. 1  yes 
Promotora Promotora. 1  yes 
Cabo Verde Telecom Cabo ve rde telecom. 1  yes 
Hotel Belo Horizonte Hotel Belo Horizonte 1 Yes  
Hotel Praia Mar Hotel Praia Mar 1 yes   WT/ACC/CPV/20 
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 Original enterprise New privatized enterprise No. Fully Partially 
CVC CVC 1 Yes  
MOAVE MOAVE 1 Yes  
Hotel Xaguate Hote l Xaguate 1 Yes  
SITA SITA 1 Yes  
INTERBETAO INTERBETAO 1 Yes  
FAMA FAMA 1 Yes  
OFICINAS OFICINAS 1 Yes  
CERIS CERIS 1 Yes  
EMPA Liquidated 1 Yes  
TRANSCOR TRANCOR, S.Vicente 1 Yes  
ARCA VERDE Liquidated 1 Yes  
SONACOR Liquidated 1 yes  
TOTAL   55   
 
Question 21 
The information provided on Cape Verde's State owned sector to date is not presented in a 
coherent fashion in the Factual Summary, and the response to Question 6 is of document 
WT/ACC/CPV/15 is not sufficient. 
We appreciate that Cape Verde has moved to privatize many of its former state-owned 
enterprises, as outlined in WT/ACC/CPV/3, but we need a description for the Working Party report that gives a clearer picture of what has been done and what remains. 
What form does their new corporate structure take, e.g., fully private (wholly privately-owned 
(through shares or direct sale), partially state- owned through shares, lease to private managers 
with state ownership, etc.? 
Answer:
 
Owners of Shares 
New privatized enterprise Direct sale State Nationals Foreigners Lease to private 
managers 
with state ownership 
2 new agencies      
Agripec. yes  X   
Cabetur. yes  X   
Conchave. yes  X   
Sociave (Mindelo);  yes  X   
Enavi (Praia). yes  X   
7 pharmacies yes  X   
Coopechaves; yes  X   
Prolac. yes  X   
Associação agrícola Justino Lopes;  yes  X   
Carmac; yes  X   
Propec. yes  X   
Salmar. yes    X  
Macsobil. yes  X   
Metalcave. yes  X   
Morabeza. yes  X   
Recoref;  yes  X   
Belcab;  yes  X   
Funcave;  yes  X   
Sita. yes  X   
Ultra. yes  X   
Enacol. yes X X X  
Electra. yes X X X  
Bca. yes X X X  
Caixa economica. yes X X X  WT/ACC/CPV/20 
Page 12  
 
 Owners of Shares 
New privatized enterprise Direct sale State Nationals Foreigners Lease to private 
managers 
with state ownership 
Garantia. yes X X X  
Promotora. yes X X X  
Cabo verde telecom. yes X X X  
Hotel Belo Horizonte Yes   X  
Hotel Praia Mar Yes   X  
CVC Yes   X  
MOAVE Yes  X   
Hotel Xaguate Yes   X  
SITA Yes  X   
INTERBETAO Yes  X   
FAMA Yes  X   
OFICINAS Yes  X   
CERIS Yes   X  
EMPA Liquidation  NA NA  
TRANSCOR Yes  X   
ARCA VERDE Liquidation  NA NA  
SONACOR Liquidation  NA NA  
 
Question 22 
How many state-owned firms slated for privatizatio n, remain?  Is it only the four listed in the 
Factual Summary? 
Answer:  
Envisaged Privatization State-owned firms slated for privatization Capital Share Direct sale 
CABNAVE US$ 7 million1  Concession Contract 
ENAPOR US$ 9.4 million2  Concession Contract 
EMPROFAC US$ 7 million3 X Fully privatization, sale of shares 
TACV (The Strategy is not yet defined) (US$ 11million)4   
 
Question 23 
How many state-owned firms have been reserved from privatization?  If so, what are they? 
Answer:  
State-owned firms reserved from privatization Capital Privatization form 
Airport Management Company (ASA) US$ 42 billion5 Under a Performance Contract signed with the 
Government of Cape Verde 
Postal Company (Correios de Cabo Verde) US$ 11.2 million6  Under a Performance Contract signed with the 
Government of Cape Verde 
                                                      
1 Net book Value, Source:  Booz-Allen & Hamilton, 2004 
2 Source:  ENAPOR's Financial Department 
3 Source:  Euro-Phoenix, 2004 
4 TACV Annual Report 2003, Balance Sheet Net Worth 
5 Source:  ASA's Financial Department, Balance Sheet Net Worth 
6 Source:  CCV's Financial Department, Balance Sheet Net Worth  WT/ACC/CPV/20 
 Page 13 
 
 
  
Question 24 
Has foreign investment played any role to date  in Cape Verde's privatization program?  Are 
foreign investors eligible to participate? 
Answer:  
The Government of Cape Verde confirms that forei gn investment played their role in Cape Verde's 
privatization program according to public internati onal bid for tender, and foreign investors were and 
are eligible, free and ready to participate at their own will. 
Question 25 
We seek a commitment from Cape Verde to ensure  the transparency of its ongoing privatization 
program through reports to WTO Members on deve lopments in its program of privatization as 
long as the program would be in existence, a nd along the lines of the information provided to 
the Working Party during the accession process. 
Answer:  
The Government of Cape Verde commits itself to en sure the transparency of its ongoing privatization 
program by means of the usual annual public re ports which the relevant body prepares at the 
Government's request. Those reports henceforth will be notified to the WTO Secretariat for WTO 
Members acquaintanceship on future developments in  the said program of privatization as long as this 
would be in existence, from now on. 
III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES AFFECTING 
FOREIGN TRADE IN GOODS AND TRADE IN SERVICES 
Question 26 The Factual Summary lacks reference  to how the WTO will be ratified by Cape Verde and the 
legal status of the WTO in Cape Verde's legal system after accession. 
Could Cape Verde describe the steps it will take  to ratify the WTO accession package approved 
by the WTO General Council, and indicate about how long this should take? 
Answer:
 
The Government of Cape Verde, in compliance wi th its national Constitution and laws actually into 
force, considers that the ratification procedur e for the accession package approved by the WTO 
General Council will conform to following steps: 
Preceding due notification from the WTO Secretariat to  the Prime Minister through the Ministry of 
Foreign Affairs, Cooperation a nd Communities, the Government  of Cape Verde (Council of 
Ministers) will check the negotiated WTO accession package to ascertain itself about the accuracy 
and completeness of the commitments engaged in (Article 202-1-j of the Constitution). 
Afterwards the Government will forward with the relating draft resolution the whole accession 
package to the National Assembly (parliament) for approval under Article 174-h and 178 of the 
Constitution, 30 days beforehand th e parliamentary plenary session be ginning date at which it expects 
the same should be examined; and then WT/ACC/CPV/20 
Page 14  
 
 The National Assembly by resolution foresight in  Article 260-1 of the Constitution will adopt for 
ratification the WTO accession package and afterwar ds forward the whole to the Presidency of the 
Republic. 
The President of the Republic, at once, will ch eck the legality and constitutionality of the WTO 
accession package including the National Assembly Resolution in compliance with Articles 124 and 
135-a.  
If there is no need to send the accession package to the Constitutional Court in accordance with 
Article 273-1-a, the President of the Republic will ratify the accession package by  public notice to be 
published in the Official Journal in complian ce with Article 264-1-c of the Constitution. 
The Government envisages that the ratification pr ocess should take less than 90 days, perhaps much 
less, if the National Assembly considers th e WTO accession package on an accelerated basis. 
Question 27 
Could Cape Verde confirm the status of the WT O in Cape Verde's legal regime after accession, 
i.e., will the provisions of the WTO automatica lly supersede domestic law, or must these 
provisions be implemented in local laws in order to supersede previous provisions?  
Answer:
 
The Republic of Cape Verde is not yet a WTO member but after its accession the necessary steps 
shall be taken.  The Constitution of Cape Verde provides: 
Article 12  
1.  The international law is an integral part of the Cape-Verde's juridical order, while it is into 
force in the international juridical order.  
2.  Every international agreements validly a pproved or ratified invigorates within the Cape-
Verde's juridical order after its official publication and enforcement in the international juridical order 
and while they internationally bind the State of Cape Verde.  
3.  The acts emanated from the relevant orga ns of supranational organizations to which 
Cape Verde is part invigorate directly in the intern al juridical order, since it is so established in the 
respective conventions.  
4.  The norms and the principles of the interna tional law and of the international conventions 
validly approved or ratified supersede, after its en try into force internal and international juridical 
order all internal legislative and norma tive acts of infra-constitutional value.  
Article 13  
1.  The accession of the State of Cape Verde to any treaty or international agreement should be 
previously approved by the constitutionally competent organ for that purpose.  
2.  The ceasing of being in force of a treaty or  international agreements by agreement, denounce 
or recess, renouncement or any other reason intern ationally allowed, excepting caducity, follows the 
process foreseen for its approval.   WT/ACC/CPV/20 
 Page 15 
 
 
 Article 14  
 The Agreements in simplified form which don't need ratification are approved by the 
Government but they only may deal with matters include in the administrative competence of this 
organ.  
Question 28 
The Factual Summary lacks reference to th e uniform application of WTO provisions 
throughout Cape Verde.  
We seek information on these issues in the Draft Working Party report, e.g., about any 
authority possessed by sub-central governmental units to create legal requirements in areas 
covered by the WTO, e.g., tax, subsidy, or  investment requirements, and description of 
Cape Verde's authority to enforce WTO provisions among its sub central governmental entities. 
Answer:  
The Republic of Cape Verde is not yet a WTO member but after its accession the necessary steps 
shall be taken.  There is no sub-central government  unit with authority to create legal requirements in 
areas covered by WTO.  Cape Verde is unitary re public with a President of the Republic, a National 
Assembly, a Government and Courts.  Local Administ ration is organized in Municipalities.  All laws 
and regulations are enforced by the Administration or by the Courts.   
The situation was described in the document WT/A CC/CPV/3, page 15, under the title "Division of 
authority between central and sub- central governments" and other relating aspects in its pages 13 
to 16.  As the Administrative Courts are not yet operational the Supreme Court of Justice and 
Common Courts performs its jurisdiction and competence.   
Question 29 We also seek a commitment along the following lines:  
"The representative of Cape Verde confirmed that Cape Verde would, upon 
accession, apply WTO provisions and Cape Verde's Protocol of Accession uniformly throughout the entire customs territory, including in regions engaging 
in border trade or frontier traffic, special economic zones, and other areas 
where special regimes for tariffs, taxes and regulations are established. He added that when apprised of a situation where WTO provisions were not being applied or were applied in a non-uniform manner, central authorities would act to enforce WTO provisions without requiring affected parties to petition through the courts." 
Answer:
 
The Government accepts to commit itself to do its  best to comply with WTO provisions. However, 
opinions or understandings may be different fro m one to another and petition from any parties 
affected to the independence, impartiality and fa irness of Courts are constitutionally unavoidable.  
Question 30 
We are confused by the response to Question 12 of document WT/ACC/CPV/15 concerning the 
right to administrative and judicial appeal. WT/ACC/CPV/20 
Page 16  
 
 What administrative appeals are possible within  the government prior to appeal to the Fiscal 
and Customs Courts, or Common Courts?  Are the "administrative courts" a part of the 
executive? 
Answer:
 
Decree Law No. 16/97 of 10 November 1997 authorizes administrative claims, demand or protest 
either to author of the controvertible act, either to its hierarchic superior, either to collective organ to 
which the author of the controvertible act is  a member, either to the delegating entity or 
sub-delegating entity who entrusted the power to deci de the matter on the author of controvertible act 
or to the organ of the moral person where the author  of the controvertible act is integrated and has 
power of supervision over the author, either to th e organ which superintends the author.  The Legal 
procedure is established by Legislative Decree No. 18/97 of 10 November 1997 published in the 
I SERIES of O.B No. 43 of 1997.  
Copies of Decree Law No. 16/97 and Legislativ e Decree No. 18/97 will be submitted to the 
Secretariat. 
Fiscal and Customs Courts as their names indicate are for the relating areas covered by fiscal or 
customs laws.  Copies of Legislative Decree No. 5/ 95 of 27 June 1995, Legislative Decree No. 9/95 of 
27 October 1995 and Legislative Decree No. 12/97 of 9 June 1997 are available for consultation 
(see document WT/ACC/CPV/20/Add.1). 
"Administrative courts" in Cape Verde are not pa rt of the executive but rather an independent 
jurisdictional body as every court. Political, constitu tional and administrative law contain particular 
references to legal concepts relating to administra tive courts which have exclusive jurisdiction in 
actions entered against the Government and its members or a public officer for redress for official 
wrongdoing imputable to them while caring out their duties. 
Mediation and arbitration are admitted as can be  seen in the document WT/ACC/CPV/13/Rev.1. 
Question 31 
In the area of services and TRIPS, it states that  the "right to administrative appeals is to the 
Common Court or Administrative Court. Howeve r the future law, regulation and procedure on 
TRIPS will include the foremost measures on this matter." 
Please describe the actual avenues of administ rative and judicial appeal from Government 
decisions in these areas e.g., how would an In tellectual Property (IP) right holder appeal a 
Government decision adverse to his IP rights ?  How would a foreign service supplier appeal 
refusal of the Government to permit establishment or supply of service under the terms of 
Cape Verde's GATS Schedule of Specific Commitments?   
Answer:  
Individual rights are protected under the Constitutio n which is governed by democratic principles and 
the supremacy of the law. Appeals can be pleaded administratively or judicially. Please, consider the 
reference to "Common Court" as made to "Ordinary Court".  
The Question above can be split into two:   WT/ACC/CPV/20 
 Page 17 
 
 
 - Please describe the actual avenues of administrative and judicial appeal from Government 
decisions in these areas e.g., how would an in tellectual property (IP) right holder appeal a 
Government decision adverse to his IP rights?; and 
- How would a foreign service supplier appeal refusal of the Government to permit 
establishment or supply of service under the terms of Cape Verde's GATS Schedule of 
Specific Commitments? 
As stated in WT/ACC/CPV/3 and Questions 28 and 30 above, administrative courts are not yet in 
place or operational and while it is not effective th e ordinary courts have the power to judge all 
administrative controvertible facts.  
A Government's refusal or decision presumed wrong by an interested party may also be reconsidered 
inside the administration where the alleged controver tible act has been taken according to Decree Law 
No. 16/97 of 10 November 1997 published in the I SERIES of O.B No. 43 of 1997. 
Question 32 
We seek a commitment that in cludes the following element: 
- appropriate administrative and independent or  judicial tribunals or procedures will 
exist upon accession for the prompt review of  Government actions relating to the 
implementation of laws, regulations, judicial  decisions and administrative rulings of a 
general application referred to in Article X:1 of the GATT 1994, Article VI of GATS, 
and Articles 41 and 42 of TRIPS.  
Answer:  
The Government of Cape Verde consider that th ere is no need to creat e new bodies for the above 
mentioned purpose because the Constitution, laws and regulations in place provides the necessary 
institutional base for the administrative or judicial  resolution of any conflicts of interest arising 
between the parties from WTO issues.  Otherwise, there is court for classification and valuation of goods (Customs Technical Council).  As for Civil, Administrative and Criminal judicial actions the 
relevant tribunals are in place. Thus, situations arising from the application of Article X:1 of the 
GATT 1994 can be handled.  The Republic of Cape Verde already maintains practicable judicial, 
arbitral and administrative tribunals and pro cedures which can handle cases arising from the 
application of Article VI of GATS a nd Articles 41 and 42 of TRIPS Agreement 
New judicial tribunals may imply overlapping and eventual amendment to the Constitution. 
Arbitration and Mediation procedures are under way.  Hierarchical administrative petition exists as 
referred to in answer to Question 30 and 31 above. 
Question 33 We seek a commitment that in cludes the following element: 
- that the tribunals or procedures would also include actions relating to the 
implementation of national treatment, conf ormity assessment, the regulation, control, 
supply or promotion of a service, including th e grant or denial of a licence to provide a 
service and other matters. 
Answer:
 
The Government of Cape Verde commits itself to the request above. WT/ACC/CPV/20 
Page 18  
 
 Question 34 
We seek a commitment that in cludes the following elements: 
- that the tribunals or procedures responsibl e for such reviews would be impartial and 
independent of the agency entrusted with ad ministrative enforcement and shall not have 
any substantial interest in the outcome of the matter. 
Answer:
 
The Government of Cape Verde commits itself as re quested, though tribunals are always effective and 
fully independent in their judgment. 
Question 35 
We seek a commitment that in cludes the following element: 
- that the review procedure would include the o pportunity for appeal, without penalty, by 
individuals or enterprises affected by any administrative action subject to review.  
Answer:  
The Government of Cape Verde can not presume pr eviously guilty, criminal or acquitted anybody 
without substantive court's decision.  The looser or  condemned in any case is supposed to support first 
judicial coasts, attorneyship's coas ts, judicial lawsuit expenses, inde mnification and fine in civil and 
administrative causes. In criminal prosecutions, the convicted is condemned under the law in all 
incurred coasts and expenses, fines and other penalties foreseen in the relating law of legal procedure. 
The acquitted is judicially reimbursed for its incurre d coasts ad expenses, indemnified, at the expense 
of the convicted according to the relating law of legal procedure. 
Question 36 
We seek a commitment that in cludes the following element: 
- that notice of the decision on appeal should be given to the appellant and the reasons for 
such a decision provided in writing.   
Answer:  
There is a legal duty of official notification to any legitimate petitioner about the decision and its 
basis, taken on the respective matter submitted to Government, Administration, Court or any other 
public body. So, the Republic of Cape Verde is alre ady committed to give due notice of the decision 
on appeal to the appellant and the reasons for su ch a decision in writing. Constitutionally every 
decision has to be legally technically founde d because otherwise it will be void and null.  WT/ACC/CPV/20 
 Page 19 
 
 
 IV. POLICIES AFFECTING TRADE IN GOODS 
1. Import Regulation (a) Registration requirements for engaging in importing   
Question 37 We are quite confused about the scope and nature of registration requirements for importers 
and exporters in Cape Verde.  Concerning th e requirement for registration with the Chamber 
of Commerce, as described in paragraph 39 of the Factual Summary and the responses to 
Questions 20-29 of WT/ACC/CPV/15: 
Must all "commercial operators" in Cape Verd e register with the Chamber of Commerce, or, 
as implied by the first part of the response to  Question 25 and to Question 29 of document 
WT/ACC/CPV/15, only to importers and exporters that are not also invested in Cape Verde? 
Does the requirement apply to individuals as well as to firms? 
Answer:
 
Any commercial firms must have juridical commercia l capacity and have to be a commercial juridical 
person. firms wishing to operate as importers or exporters have to comply with these principles. 
Exceptionally, when a passenger enters the country  or an immigrant comes home with or send its 
effects, if they are within the limit tolerated by  law, they can clear them at the customs.  
Industrial companies do not have to register with the Chamber of Commerce, as do not have to do 
Tourist Companies and financial institutions.  
The Government of Cape Verde is reconsidering the actual registration procedure as may be seen in 
the attached draft sent through WTO Se cretariat for WTO members comments. 
Question 38 We are quite confused about the scope and nature of registration requirements for importers 
and exporters in Cape Verde.  Concerning th e requirement for registration with the Chamber 
of Commerce, as described in paragraph 39 of the Factual Summary and the responses to 
Questions 20-29 of WT/ACC/CPV/15: 
- Why does Cape Verde have this requirement for importers and exporters?  Is this in 
addition to corporate registration with the Conservatory of Commercial Registration, or 
in place of it? If both registrations are necessary, which registration, with the 
Conservatory or the Chamber, must come first? 
Answer:
 
For the purpose of juridical personality and juridical capacity acquisition, firms have to register with 
office of commercial registry (the Conservatory of registrations) according to Decree Law No. 59/99 
and Ministerial Ordinances No. 45-A/99 and No . 45-B/99 all of them of 27 September 1999 and 
published in the O.B. No. 35, I Series of 1999, Supplement.  
Concerning the Commercial registration procedure, the Government of Cape Verde is revising the 
corresponding legislation according to the draft will be submitted to the Secretariat. WT/ACC/CPV/20 
Page 20  
 
 Question 39 
We are quite confused about the scope and nature of registration requirements for importers 
and exporters in Cape Verde.  Concerning th e requirement for registration with the Chamber 
of Commerce, as described in paragraph 39 of the Factual Summary and the responses to 
Questions 20-29 of WT/ACC/CPV/15: 
Please provide a detailed description in the next re vision of the Factual Summary of the process 
that must be followed to register with both entities.  
Answer:
 
Please, note that the Government of Cape Verde is  revising its licensing and Chambers of Commerce 
registration procedure.  A draft of the new legal me asure will be submitted to the Secretariat.  Please, 
read answer to Question 44 below. 
Question 40 
We are quite confused about the scope and nature of registration requirements for importers 
and exporters in Cape Verde.  Concerning th e requirement for registration with the Chamber 
of Commerce, as described in paragraph 39 of the Factual Summary and the responses to 
Questions 20-29 of WT/ACC/CPV/15: 
May a firm be a "commercial or industrial en terprise" of another country, i.e., without 
registration with the Conservatory, and register with the Chamber of Commerce as an importer 
or exporter?  Is there a requirement for importers or exporters to be invested in Cape Verde? 
Answer:  
Industrial enterprise has its own statute and registra tion procedure as established in the relevant laws 
and regulations cited along some of the answers to  questions listed herein, such as Law No. 50/III/89 
of 13 July 1989, Decree Law No. 108/89 of 30 December 1989, Law No. 89/IV/93 of 13 December 1993, Law No.92/IV793 of 15 D ecember 1993, Legislative Decree No. 19/97 of 
22 December 1997, Regulatory Decree No. 1/94 of 3 January 1994.  The declaration, inscription in 
the industrial registry and the inscriptions' annota tion, actualization, suspension and cancellation are 
done with the department responsible for industry .  There are no quantitative restrictions on imports 
for industrial purpose and foreign exchange and pa yments are facilitated.  To import, industrial 
enterprise may only to be registered in the indus trial registry (Articles 30, 31 and 32 of the said 
Decree Law No. 108/89. 
Commercial enterprise has its own procedure which is now under consideration as referred to in the 
answer to Question 41 below. 
Question 41 How many Chambers of Commerce are authorized  by the Government to issue permits to 
export and import and what a re their areas of jurisdiction? 
Answer:
  
Two Chambers for the moment:  1. Chamber of  Commerce, Industry and Services of Sotavento 
(Santiago, Maio, Fogo and Brava); 2. Chamber of Commerce, Industry, Agriculture and Services of 
Barlavento (S. Vicente, S. Antão. St. Nicolau, Sal and Boa Vista).  WT/ACC/CPV/20 
 Page 21 
 
 
 However, the Government of Cape Verde is revising its licensing and Chambers of Commerce 
registration procedure. A draft of the new legal m easure will be submitted to the Secretariat. Please, 
read answer to Question 44 below. 
Question 42 
If an individual or firm exports or impo rts into more than one Chamber of Commerce 
jurisdiction does the firm or individual have to register with multiple Chambers of Commerce 
or does one registration suffice?  Are the registrat ion requirements with all of the Chambers of 
Commerce harmonized?   
Answer:  
The Government of Cape Verde is revising its licensing and Chambers of Commerce registration 
procedure. A draft of the new legal measure will be submitted to the Secretariat.  Please, read answer 
to Question 44 below. 
Question 43 
Can applications to the Chamber of Commerce fo r registration be rejected, and if so, can the 
rejection be appealed to the Government, and to what agency?  As Cape Verde has the power to 
establish general guidelines and oversee the activities of the Chamber of Commerce, what 
supervision does it actually exerci se in this case?  Please provide more information on how the 
Ministry of Economy, Growth and Competit iveness monitors and overseas the Chambers of 
Commerce commercial registration system. 
Answer:  
As stated in the answer to Question 45 below, free of charges administrative appeals are always 
possible in any case of wrong doings committed or omitted by public officials or private 
subcontractors. Anyway, the Government of Cape Verde is revising its licensing and Chambers of 
Commerce registration procedure.  A draft of th e new legal measure will be submitted to the 
Secretariat. 
Question 44 
Could Cape Verde please provide more informatio n on the average time it takes a firm to 
register with both the Conservatory of Commerci al Registry and the Chambers of Commerce?   
Answer:  
Concerning the commercial registry, the answer to Qu estion 51 clarifies the situation.  Registry with 
the Chambers of Commerce is under consideration a nd a Draft will be submitted to the Secretariat.  
Presuming all documents and requirements are in due legality or attained, the on-line registry will 
accelerate the procedure.  The enterprise bye-law has to be written before the notary for validation and 
published in the Official Bulletin.  The average time it takes a firm to register with the Conservatory is 
30 days if expired this delay no answer is given the request is tacitly granted.  Concerning registration 
with Chambers of Commerce the Government of Cape Verde is revising the procedure. WT/ACC/CPV/20 
Page 22  
 
 Question 45 
Does the time period vary between Chambers of  Commerce?  If a Chamber of Commerce is 
slow in processing an application, can a company appeal to the Ministry of Economy, Growth and Competitiveness? 
Answer:
 
Free of charges administrative appeals are always possible in any case of wrong doings committed or 
omitted by public officials or private subcontractor s.  The time period does not vary.  Anyway, the 
Government of Cape Verde is revising its li censing and Chambers of Commerce registration 
procedure.  A draft of the new legal measure will be submitted to the Secretariat.  
Question 46 
The response to Question 24 of document WT/ACC/CPV/15 states that company registration 
(with the Chamber of Commerce) allows the right to distribute imported goods within 
Cape Verde.  The response to Question 33, howe ver, states, "There is no linkage between the 
right to import and the right to distribute." 
Please clarify which response is accurate. 
Answer:  
As a general rule, an importer has the right to impor t and distribute (impliedly at the wholesale level). 
This issue, however, is referred to in Questions 48 and 49.  
Any firm can register as importer or exporter or both, but it can not register in one activity to practice 
another. In each case it has to comply with the relating requirements. 
Question 47 
If the statement in the response to Question 24 of document WT/ACC/CPV/15 is accurate, how 
will this be reflected in Cape Verde's GATS Schedule of specific commitments? 
Answer:  
The Government of Cape Verde is revising its licen sing procedure.  A draft of the new legal measure 
will be submitted to the Secretariat. 
Any firm can register as importer or exporter or both, but it can not register in one activity to practice 
another.  In each case it has to comply with the relating requirements. 
Question 48 
The response to Question 33 of document WT/ACC/CPV/15 appears to confirm that it is 
possible for a firm or individual to be the import er of record without qualifying as well to be a 
distributor of the imported goods within Cape Verde.  Is this the case?  WT/ACC/CPV/20 
 Page 23 
 
 
 Answer:  
Cape Verde does not use the term or concept "importe r of record" in its import regime.  However, as 
stated in the response to Question 46, an impor ter may engage in both importing and distributing 
activities merely by including these in his registration documents. 
Any firm can register as importer or exporter or both, but it can not register in one activity to practice 
another. In each case it has to comply with the relating requirements. 
Question 49 
Regarding the response to Question 25 of document WT/ACC/CPV/15: Given that company registration as an import er with the Chamber of Commerce allows the 
right to distribute imported goods within Cape Verd e, how will this be reflected in Cape Verde's 
GATS Schedule? 
Answer:
 
The Government of Cape Verde is revising its licen sing procedure. A draft of the new legal measure 
will be submitted to the Secretariat. 
Question 50 
The response to Question 29 of WT/ACC/CPV/15 states that firms engaged in commercial 
import/and/or export activities must identify by  Harmonized System sections the area(s) of 
operation.  
Can a company register to import/export across the entire HS schedule or at least entire 
chapters?  Is the registration at the two, four or six digit level? 
Answer:  
The inscription is by Section of the HS. There is no question for digits level. Any firm can inscribe 
itself in one or more HS Sections. Section XIX – Weapons and Munitions and their accessories, 
which can be imported only by the Govern ment of Cape Verde for its own use. 
Question 51 
In paragraph 43 of the Factual Summary, Cape V erde states that the Ministry of Justice is 
considering the establishment of an on-line auth orization system to accelerate the registration 
process at the Conservatory of Commercial Registry.   
We commend Cape Verde for consideration of an electronic system, which would undoubtedly 
expedite commercial registration.  Could Ca pe Verde provide an update on whether any 
progress has been made in creating this on-line system? 
Answer:  
Assistance from Members will be welcomed to acceler ate progress. It is an electronic system which 
would undoubtedly expedite commercial registration.  Each municipality will have its own integrated 
registration system but for the moment only Praia in  Santiago Island, Mindelo in St Vincent Island 
and Sal Island are working with civil registrati on and registration of firms on-line and they are WT/ACC/CPV/20 
Page 24  
 
 connected to the Central Office for validation.  Each  official has its own password to operate and the 
control is automatically made on-line The Office of Public Registry of has received for the remaining 
sectors personal computers and servers to implement the system.  A programme has been prepared to 
cover the country.  It is expected the system would be an integrated system for the entire Ministry of 
Justice. 
Question 52 Paragraphs 45 and 46 of the Factual summary describe registration fees collected by the 
Chamber of Commerce.   
If, as indicated, "registration requirements for commercial operators engaging in exports were 
identical to those for imports," why are the fees  for registration and renewal twice as great for 
importers as for exporters?  
Answer:
 
The Government of Cape Verde is revising its licen sing procedure.  A Copy of the relating drafted 
legal text will be submitted to the Secretariat. 
Please, read the answer to Question 53 below. Question 53 What sort of fee is charged to domestic  producers to register their businesses? 
Answer:
 
The Government of Cape Verde is revising its li censing procedure. A Copy of the relating drafted 
legal text will be submitted to the Secretariat. 
Question 54 
It would appear that both Article III and Article VIII are involved if these fees vary depending 
on who is being registered and not on the ac tual cost of registration, notwithstanding 
Cape Verde's assertions to the contrary.  The fe es should be harmonized to the actual cost of 
registration.  Unless the administrative requirements differ, they should be equalized.  
Answer:  
The Government of Cape Verde takes note of the comme nt, and will look into this issue.  It is aware 
that Articles III and VIII may be involved. 
Question 55 
The response to Questions 3 and 66 of document WT/ACC/CPV/15 indicate that imports of rice, 
corn, sugar, and wheat flour have been liberalized from state trading and that the importation of these products was now open to private enterprises that meet certain criteria.    
These criteria include prior registration by impo rters who must maintain appropriate domestic 
installations to store these products, and the ab ility to prove that they can distribute 30 per cent 
of their annual import volume outside the Santiago and São Vicente islands.    WT/ACC/CPV/20 
 Page 25 
 
 
 We note that the particular licensing requirements on staple products and wheat flour are 
"activity licenses," in that they are required of importers, not the products themselves. 
We seek redrafting of the text of the Factual Summary to incorporate information that reflects 
our views and clarifies this issue. 
Are there any limits on the number of enterprises that may apply to import?  
Answer:   
No.  There are no limits on the number of enterpri ses that may apply to import for the moment.  
Question 56 
The response to Questions 3 and 66 indicate that  imports of rice, corn, sugar, and wheat flour 
have been liberalized from state trading and that the importation of these products was now 
open to private enterprises that meet certain criteria.    
These criteria include prior registration by impo rters who must maintain appropriate domestic 
installations to store these products, and the ab ility to prove that they can distribute 30 per cent 
of their annual import volume outside the Santiago and São Vicente islands.   
We note that the particular licensing requirements on staple products and wheat flour are 
"activity licenses," in that they are required of importers, not the products themselves. 
We seek redrafting of the text of the Factual Summary to incorporate information that reflects 
our views and clarifies this issue. 
Is any provision made to allow exporters to be the importers of record only, transferring 
ownership to domestic distributors with th e appropriate facilities after importation? 
Answer:  
Any firm can register as importer or exporter or both, but it can not register in one activity to practice 
another.  In each case it has to comply with the relating requirements. 
Question 57 
Are quantities of imports of these staple products still controlled through discretionary 
licensing? 
Answer:  
The quantities of imports are never controlled thro ugh discretionary licensing.  What is requested 
from importers is to distribute not less then 30 per cent of their annual imports outside Praia and 
St. Vicente and this legal requirement is still in effect. 
Question 58 
Are these products also subject to the broader licensing requirements enacted in January 2004? 
Answer:  
Licensing procedure is under review. The new dr aft will be submitted to the Secretariat. WT/ACC/CPV/20 
Page 26  
 
 Question 59 
The response to Questions 3 and 66 indicate that  imports of rice, corn, sugar, and wheat flour 
have been liberalized from state trading and that the importation of these products was now open to private enterprises that meet certain criteria.    
Are the previous state-trading enterprises still in  business, e.g., in competition with the private 
importers? 
Answer:
 
The Government of Cape Verde accepts the suggest ion on the incorporation in the Factual Summary 
of any information which can clarify this issue.  There are no state-trading enterprises still in business 
which can be considered in competition with the private importers. 
Question 60 The requirements associated with obtaining the right to import into and to export from 
Cape Verde still appear to constitute a WTO-inco nsistent restriction on trade, discriminating 
against imports vis-a-vis  domestic production.  The right to import and export goods without 
investing in a member country is a fundamental  right under the WTO and is protected through 
provisions in GATT Article XI and Article III.   
Clarification of these issues should help indicate whether some alteration of Cape Verde's 
system may be necessary to ensure that re quirements applied to imported goods reaching 
distribution channels in Cape Verde are not mo re onerous that those for domestic goods.  
Answer:
 
The Government of Cape Verde takes note of these comments and is looking into the subject area. 
(b) Characteristics of national tariff  Question 61 As Cape Verde still uses HS 96 in its applied rat es, and is establishing its schedule in HS 96, 
what plans does Cape Verde have to implemen t more up to date versions of the HS system? 
Answer:
 
The Tariff Nomenclature HS 2002 will be implem ented according to the ECOWAS Roadmap referred 
to in the Question 11 of document WT/ACC/CPV/19. 
Question 62 
The response to Question 34 of the document WT/ACC/CPV/15 states that there was a revenue 
fall off after implementation of the VAT and revised tariff schedule on 1 January 2004.   
Could Cape Verde further describe what happened?    WT/ACC/CPV/20 
 Page 27 
 
 
 Answer:  
Law No. 14/VI/2002, of 19 September 2002, published in the Supplement to the Official Bulletin 
No. 28 - I Series, introduced a fiscal simplification re form as stated in the an swers to Questions 67, 
68, 69, 70, 71, 72, 73, 74 and 75 below.  Accord ingly, its Article 38 revoked the following taxes and 
fees: consumption tax, tax on petroleum products, t onnage tax, special consumption tax on alcoholic 
beverages and tobacco, special storage tax, free s hops' exploration tax, cust oms general emoluments 
and stamp tax and environmental tax.  The enviro nmental tax was reintroduced subsequently by Law 
No. 46/VI/2004, of 12 July 2004.  Customs reve nue table January to J une 2003 and January to 
June 2004 explains what happened.  
Question 63 
The response to Question 34 of document WT/ACC/CPV/15 states that there was a revenue fall 
off after implementation of the VAT and rev ised tariff schedule on 1 January 2004.   
What "necessary corrective steps" did the Nati onal Assembly take as a result of this? 
Answer:  
Effective from 1 January 2004 entered into force a reform on the Cape Verde's fiscal system. 
However, due to a supervened revenue fa ll Laws No. 46/VI/2004 and 48/VI/2004 both of 
26 July 2004 was enacted as stated in pa ragraph 54 and 56 of the Factual Summary.  
Question 64 
The response to Question 34 of document WT/ACC/CPV/15 states that there was a revenue fall 
off after implementation of the VAT and rev ised tariff schedule on 1 January 2004.  
Please provide an update on Cape Verde's plans in this regard. 
Answer:  
The Government of Cape Verde is aware of th e "stand-still policy" for countries in the accession 
process.  Thus, Cape Verde has no plans for future alterations. 
Question 65 
Paragraph 47 of the Factual Summary states th at a new Customs Code will be enacted in the 
first quarter of 2005. 
Could Cape Verde share a copy of the draft text  with the Working Party now, so that Working 
Party members could review and comment on it? 
Answer:  
The new Customs Code could not be drafted in tim e to be enacted in the first quarter of 2005. 
Meanwhile, its rough draft is already translated into  English and ready for consultation. A copy was 
made available through the WTO Secretaria t for WTO Members comments (see document 
WT/ACC/CPV/18). WT/ACC/CPV/20 
Page 28  
 
 (c) Tariff quotas, tariff exemptions 
Question 66 Most countries have a standard list of special circumstances under which they exempt imports 
from customs duties, e.g., temporary imports, im ports by diplomatic missions, imports of school 
text books, or goods used for relief, disaster, or development aid. 
Does Cape Verde have any such exemptions oth er than to promote domestic economic activity, 
as described in paragraph 51?  Are any provided for in the new Customs Law? 
Answer:
 
Cape Verde exempts goods from customs duties and othe r charges when they ar e offered by external 
sources to the religious missions recognized by the St ate, to the Red Cross, to Caritas-Cape Verde and 
other beneficence and humanitarian institutions. 
Furthermore, it exempts from customs duties and other charges: - Goods donated by International Organizations , namely goods FAO, WHO, UNICEF, UNDP, 
etc.; 
- The gifts offered to the Head of State, to the President of the National Assembly, to the 
members of the Government, as well as to  the personalities that represent them; 
- To the goods destined for the use and consumption of Foreign Heads of State during their 
official stay in the Country, by reigning sovereigns, as well as to the personalities that 
officially represent them; 
- To the goods destined for victims of catastrophes, prisoners of war; 
- To the goods imported by Rescue Units and destin ed to face up to their needs during their 
intervention; 
- To the materials destined the reconstruction of disaster areas; 
- To the pharmaceutical products destined for inte rnational sports events, decorations, trophies, 
medals and similar objects; 
- To tourism and commercial documents; 
- To wardrobe and other personal goods of a deceased person which can be imported as 
luggage; coffins, mortuary garlands or embl ems when they enter the country together; 
- To goods sent by navy for their in transit vessels; 
- To goods for embassies and the like, consul ates and their professional staff, including 
automobiles for official or personal use; 
- To luggage brought by passengers; 
- To flags, State's seal; 
- To ships' debris and shipwrecked accoutrement; 
- To staple food imported to occur the population needs; and 
- To goods consigned to CARITAS, Red Cross and churches. 
(d) Other duties and charges 
Question 67 
We remain concerned that the full breadth of  charges and taxes on imports has not been 
adequately described by Cape Verde.  For exam ple, Table 3 of the Factual Summary lists 19 
separate duties, taxes, fees, and other charges applied to imports:   WT/ACC/CPV/20 
 Page 29 
 
 
 These are the Import Duties, Tonnage Tax, Speci al Storage Tax, Storage, Surcharge ("ISDC"), 
Interests ("Rights and Credits"), Late Payment Penalty, General Customs Fees, Tax Penalties, 
Consumption Tax, Stamp Duty, Publications an d Printed Matters, Personal Fees, Free-shop 
Tax, Miscellaneous Tax, Consumption Tax on Local Production, Special Tax on Consumption (Alcohol and Tobacco), Environmental Tax, and the ECOWAS Community Tax. 
Answer:
 
Table 9 of WT/ACC/CPV/3 lists Customs Revenues Collected in 2002 and 2003 (January to April) 
according to each item. There are no more national import duties and any other charges with equivalent effect other than customs duties. Table 9 revoked charges are:   Tonnage Tax, a remanence 
of a charge levied on vessels at a given rate per t on; Special Storage Tax created in 1960 and applied 
to the storage of fuels; Storage, collected at the time when Customs Hous e stored goods in the 
warehouses it then had, Surcharge ("ISDC") was a tax of 35 per cent collected on goods imported by 
informal importers; General Customs Fees and Stamp Duty was created in 1942, Consumption Tax on imported goods and Consumption Tax on Local Production was created in 1966, Personal Fees,  
revised in 1961, 1978 and 1979 to include 1.04 per cent on imports, followed by amendments in 1991, 
2001, 2002, 2003 and 2004, Free-shop Tax, created  in 1970; Special Tax on Consumption (Alcohol 
and Tobacco), created in 1993.  
Environmental Tax, revoked and reintroduced, ECOWAS Community Levy, Interests are paid when 
importers apply for credit on Customs duties; Late Payment Penalty, its correct translation should be 
additional interest for delayed payment of duties a nd charges, Tax Penalties, its correct translation 
should be fines and other judicial charges, Publica tions and Printed Matters, is the price paid for the 
selling of books and other printed papers bought by user s; Miscellaneous Tax is a result of an eventual 
recovering of minor charges remains. 
Question 68 
Table 3 of the Factual Summary lists 19 separate duties, taxes, fees, and other charges applied 
to imports: 
- Which of them are also applied to domestic goods? 
Answer:
 
Please, refer to answers to Questions 67 above and 69 and 70 below. 
Question 69 
We expect that every non-tariff duty, charge, fee, or tax applied to imports listed in Table 3 that 
is not also applied to domestic production is under review by the Government of Cape Verde as 
outlined in the response to Question 36 of document WT/ACC/CPV/15. 
If it cannot be justified in WTO terms, e.g., as  a charge for services rendered or for some other 
WTO-sanctioned purpose, we expect  that Cape Verde will have in law a plan to alter or abolish 
it prior to accession to the WTO.   
Answer:  
Effective from 1 January 2004, all duties and fees list ed in Table 3 of the Factual Summary as it is 
reported in the WT/ACC/CPV/15 answer to Questi on 34 are revoked and replaced by VAT as referred 
to answers to Question 67 and 68 above and 70 below.  WT/ACC/CPV/20 
Page 30  
 
 Question 70 
We expect that every non-tariff duty, charge, fee, or tax applied to imports listed in Table 3 that 
is not also applied to domestic production is under review by the Government of Cape Verde as 
outlined in the response to Question 36 of document WT/ACC/CPV/15. 
We seek a full description and establishment of WTO conformity, or not, for each of these listed 
still in effect upon accession in the Draft Working Party report. 
Answer:
 
Effective from 1 January 2004, all duties and fees list ed in Table 3 of the Factual Summary as it is 
reported in the WT/ACC/CPV/15 answer to Question 34 are revoked and replaced by VAT.  
However, Special Consumption Tax and Environm ental Tax are applied to imports and domestic 
produced goods for internal consumption. ECOW AS Community levy is a regional integration 
charge.  A 1.04 per cent Customs user fee is the object  of the study.  Please, refer also to answers to 
Question 67, 68 and 69 above and 71 and 72 below. 
Question 71 
We expect that every non-tariff duty, charge, fee, or tax applied to imports listed in Table 3 that 
is not also applied to domestic production is under review by the Government of Cape Verde as 
outlined in the response to Question 36. 
We expect that all taxes/charges applied equally  to imports and domestic goods will also be 
described and justified in the relevant section of the Draft Working Party report, and that their application to imports will be no less favourable than to domestic goods. 
Answer:
 
VAT, Special Consumption tax, Environmental ta x are applied to imports and domestic production 
for internal consumption. ECOWAS Community levy is a regional economic integration charge. 
A 1.04 per cent Customs user fee is the object of th e study referred to in Qu estion 72, below.  Please, 
refer also to answers to Question 67, 68, 69 and 70 above and 72 below. 
Question 72 
What progress has Cape Verde made on its study  of fees and charges applied to imports? 
Answer:  
All duties and fees listed in Table 3 of the Factual Summary as it is reported in the WT/ACC/CPV/15 
answer to Question 34 are revoked and replaced by VAT. However, Special Consumption Tax, 
Environmental Tax, ECOWAS Community levy and 1.04 per cent Customs user fee remain.  Please, refer also to answers to Question 67, 68, 69, 70 and 71 above and 73, below. 
Question 73 Concerning the response to Question 37 on the current 1.04 per cent fee charged on the CIF 
value of imports: 
As a general matter, if the fee is not applied to  all imports and exports, revenues from it cannot 
be used to process all trade, i.e., cannot be u sed to process imports not subject to the fee.   WT/ACC/CPV/20 
 Page 31 
 
 
 Answer:  
The 1.04 per cent fee referred to in the answer to Question 37 of WT/ACC/CPV/15 is charged on the 
CIF value of imports for consumption and collected  in each declaration of imported goods, when due. 
A study on this is will be submitted to the Secretaria t. The customs users' fee collection principle is 
included in the new Customs Code.  
Question 74 In the Factual Summary, Cape Verde id entifies the ECOWAS Community Tax and 
Environmental Tax as ODCs. 
We expect all ODCs to be eliminated and bo und at zero in Cape Verde's GATT Schedule of 
Concessions. 
Answer:
 
It should be pointed out that the Environmental tax applies to both imports and domestic goods, and 
cannot be bound at zero because it applicable to both imported and domestic produced goods. 
Concerning ECOWAS Community Levy, please, note that it is the consequence of a regional 
economic West African integration carried out  under the ECOWAS revised Treaty and not a 
Cape Verde internal affair.  So it can not be bou nd at zero otherwise negotiated at another level. 
Question 75 
We would like more information about the application to imports of the Consumption Tax on 
Local Production. 
Answer:  
Out of many duties and charges as listed when they  was into force in Table 9 of WT/ACC/CPV/3, 
page 18, or indicated in Table 3 and explained in paragraph 52 of  the Factual Summary (Job No. 7172 
of 26 October 2004, page 12), or as referred to in paragraph (iv) of the answer to Question 34 of 
WT/ACC/CPV/15, due to fiscal simplification effective from 1 January 2004, only special 
consumption tax, 1.04 per cent Customs user fees, environmental tax and ECOWAS Community levy are actually applied.  Other charges and duties are no more in effect because they were revoked.  Of 
course, import duties are also collected on imported goods. 
Environmental tax and Special Consumption Tax ar e collected on domestic produced goods when 
sold for domestic consumption and on imported goods.  Please, refer al so to answers to Questions 67-
74 above. 
(e) Quantitative import restrictions, including  prohibitions, quotas and licensing systems 
Question 76 
Concerning imports subject to restrictions based on substantive criteria:  Platinum, Palladium, 
Radium, Iridium, Osmium, and Ruthenium are p recious metals but are not covered by the 
Article XX exemption for gold an d silver for monetary purposes. 
What criteria are applied for the restri ctions on imports of these metals? WT/ACC/CPV/20 
Page 32  
 
 Answer:
 
As such, aside gold and silver for monetary purposes, there are no other restrictions yet, but 
paragraphs 3 and 4 of Article 41 of the ECOW AS Revised Treaty may be applied any time. 
Article 41  
3.  A Member State may, after having given notice to the Executive Secretary and the other 
Member States of its intention to do so, introduce or  continue to execute restrictions or prohibitions 
affecting: 
- the application of security laws end regulations; 
- the control of arms, ammunition and ot her war equipment and military items; 
- the protection of human, animal or plant health or life or the protection of public morality; 
- the transfer of gold, silver and precious and semi-precious stones; 
- the protection of national artis tic and cultural property; and 
- the control of narcotics, hazardous and toxic wast es, nuclear materials, radioactive products or 
any other material used in the developm ent or exploitation of nuclear energy. 
4.  Member States shall not so exercise the right to introduce or continue to execute the 
restrictions or prohibitions referred to in paragra ph 3 of this Article, as to stultify the free movement 
of goods envisaged in para graph 1 of this Article. 
Question 77 
The response to Question 41 confirms that the rest rictions applied by Cape Verde to imports of 
these products are accomplished through designatio n of specific entities to import those goods. 
If the entities are granted exclusive import rights, the permit to import is a designated trading 
right and these enterprises should be notified  to the WTO as state-trading enterprises. 
Answer:  
Description HS Number 
Weapons 9301; 9302; 9303; 9307 
Munitions Restrictions under ECOWAS agreement on 
non proliferation and for security reasons. 9306.10 
Precious Metals:  
Gold 7108.00  
Silver 7106.00  
Platinum 7110.00  
Iridium 7110.41 and 7110.49 
Osmium 7110.41 and 7110.49 
Palladium 7110.21 and 7110.29 
Radium 7110.31 and 7110.39 
Ruthenium Paragraph 3 of Article 41 of The ECOWAS 
Revised Treaty. Prec ious metals for 
Monetary purpose can only be imported by 
the Central Bank. Jewels can only be 
imported and sold by jewelleries. 
 
Raw precious stones a nd metals can be 
imported by industries which respect the 
relating internati onal conventions. 7110.41 and 7110.49 
Tobacco Please, read answer to WT/ACC/CPV/15 
question 1 where it is said that there is a 
contract between the Government and the 
Capeverdean Tobacco Company. 2401; 2402; 2403. 
Radioactive Products 2844.10; 2844.20; 
2844.30; 2844.40 and 
1844.50 
Nuclear Material 8401. 00  
Chemical Radioactive Elements  
and Radioactive Isotopes:  These are requests of International 
Conventions on non-proliferation of nuclear 
weapons.  
2844.10; 2844.20; 
2844.30; 2844.40 and 
2844.50  WT/ACC/CPV/20 
 Page 33 
 
 
 Description HS Number 
Collections and specimens for zoology, 
botany, mineralogy, anatomy collections, or 
collections of a hist oric, archaeological, 
palaeontologist, ethnogr aphical or numismatic 
interest: 9705. 00  
Antiquities with more than 100 years. These are requested by cultural defence 
purpose, biodiversity and the like. 
9706. 00 6 
 
Concerning diamonds, a plant of an industrial compan y is being built but it is not yet operational. In 
operation, aside the Capeverdean Tobacco Co mpany, no other enterprise is in place.  
The Government of Cape Verde takes good note of  the request made and will notify the WTO when 
time comes. 
Please, note also what is written in the list above. 
Question 78 
The responses to Questions 25, 38, 39, 42, and 45 indicate that a new, non-automatic licensing 
system (established by Ministerial Ordinances No. 3/2004 and No. 4/2004, both of 26 January, 
complemented by Ministerial Ordinance No. 13/2 004 of 14 June) that covers all imports and all 
export as instituted in January 2004.  
What is the purpose of this new measure and why was it not notified to the Working Party at 
the first Working Party meeting in March 2004?  Is the granting of the licence discretionary? 
Has Cape Verde considered narrowing the impo rt licensing regime to a finite number of 
products of particular interest or concern? 
Answer:   
Paragraphs 63, 64 and 65 of Factual Summary  (WTO document 7172 of 26 October 2004 refer to 
licensing procedures as well the answers to Questions  25, 38, 39, 42, and 45 of WT/ACC/CPV/15.  
The information was not provided because: 
Decree Law No. 3/99 of 1 February 1999, publishe d in the O.B. No. 1, I Series of 1999, which 
amended Decree No. 193/91 of 30 December 1991, published in O.B. No. 52, 2nd Supplement of 
1991:  (1) foresaw the use of safeguard measures against imported products when there might cause 
serious threat towards the county's economy, (2) re moved the previous registry licensing until then 
obligatory for each importation but maintained special  regime for sugar, rice, wheat flour, chemical 
and pharmaceutical products, fuels, lubricating gr ease, tobacco and the like, explosives, weapons and 
ammunitions or other war and m ilitary equipments. This Decree Law specifically revoked the quota 
restrictions then authorized by Ministerial Ordinance No. 78/97 of 24 November 1997, published in the O.B. No. 45, I Series of 1997. However, Decree  Law No. 3/99 did not revoked Article 6 of Decree 
No. 193/91 of 30 December 1991 which establishes:  (a ) Imports are subject to "Import Declaration" 
automatically via the Directorate General of Comme rce or by someone in which that one delegate 
formal power to do so, for presentation during custom s clearance and foreign exchange payments of 
goods, (b) The Directorate General of Commerce may,  in agreement with the Central Bank, establish 
the terms under which valid Annual Import Declarati ons ought to be authorized and accepted for use 
during the year of its issuance.  
Law No. 92/IV/93 of 15 December 1993, published in th e O.B. No. 47, I Series of 1993, freed exports 
and re-exports from all its previous licensing and revoked the exports licensing procedures left by 
Decree No. 193/91 of 30 December 1991, published in the O.B. No. 52, 2nd Supplement of 1991.  WT/ACC/CPV/20 
Page 34  
 
 Decree Law No. 51/2003 of 24 November 2003 published in the O.B. No. 39, I Series of 2003, which 
was published again in the O.B. No. 9 of 22 March 2004, I Series, because it has too many mistakes. On 22 March 2004 the WTO delegation was already in Geneva. 
Ministerial Ordinance No. 3/2004 of 26 January 2004, published in the O.B. No. 2, I Series of 2004, 
approved two forms for previous licensing but with many mistakes. Thereafter, the Ministerial 
Ordinance No. 13/2004 of 14 June 2004, published in  the O.B. No. 18, I Series of 2004, recognizing 
that the term for rectification of that legal text in the O.B. had been elapsed, took back the subject 
matter in a new regulation, amending form "A" and rectification form "A", creating new forms "B", 
"C", "D", "E".  
The import and export licensing was not notified to the Working Party at the first Working Party 
meeting on 26 March 2004 because the procedure was not  effective and the regulations was not ready.  
Even now the Government of Cape Verde is trying to modify the procedure and reconsider the import 
licensing regime. 
As to discretionary power for licence granting, all Decree Law No. 51/2003 foresees is:  (Article 6) - 
The previous registry and licensing are under the competence of General Directorate of Commerce, 
which can delegate its power in other entities; these  ones, while exercising such delegated function, 
remain under the general orientation of that General Directorate.  
The Government of Cape Verde is revising its  licensing procedures and the draft of the new 
legislation will be submitted to the Secretariat.  
Question 79 
The responses to Questions 25, 38, 39, 42, and 45 of document WT/ACC/CPV/15 indicate that a 
new, non-automatic licensing system (established by Ministerial Ordinances No. 3/2004 and 
No. 4/2004, both of 26 January, complemented by Ministerial Ordinance No. 13/2004 of 14 June) that cover all imports and all ex port was instituted in January 2004. 
What criteria are applied to get this licence?  Who may apply for the licence? 
Answer:
 
Please, refer to answer to Question 78 above. 
Question 80 
Please confirm that the Ministry of Econom y, Growth, and Competitiveness regulates the 
implementation of the new import licensing system. 
Answer:  
The Government of Cape Verde is revising its licen sing system and a copy of the drafted new legal 
text will be submitted to the Secretariat as previously agreed for the WTO member comments. 
The Ministry of Economy Growth and Competitiven ess is responsible for the entire process of 
licensing procedures.  WT/ACC/CPV/20 
 Page 35 
 
 
 Question 81 
Please complete the Import Licensing Questionnai re concerning this measure and describe it for 
the Draft Working Party report. 
Answer:  
The Government of Cape Verde is revising its licensing procedures. 
See answer to Question 78 above. 
Question 82 
Please justify the application of this licensing procedure in terms of WTO provisions. 
Answer:  
The Government of Cape Verde is revising its licensing procedures. Question 83 The application of broad, non-automatic licensing  requirements to imports of substantially all 
trade must be justified by specific WTO provision s or considered inconsistent with, inter alia, 
Article XI of the GATT.   
We seek information on the nature of Cape Verde's application of such new measures. 
Answer:
 
The Government of Cape Verde is revising its licensing procedures. 
Question 84 
We would like to have Cape Verde's views on how it intends to eliminate this measure, and 
when. 
Answer:  
The Government of Cape Verde is revising its licensing procedures. 
Question 85 
The application of broad, non-automatic licensing  requirements to imports of substantially all 
trade must be justified by specific WTO provisions or considered inconsistent with, inter alia , 
Article XI of the GATT.   
We do not believe maintenance of such a system  is consistent with membership in the WTO, 
and urge Cape Verde to address the underlying  problems that sparked recourse to such 
measures as soon as possible. 
Answer:  
The Government of Cape Verde is revising its licensing procedures. The new draft law will be 
submitted to the Secretariat for comments. WT/ACC/CPV/20 
Page 36  
 
 (h) Customs valuation 
Question 86 We have reviewed Cape Verde's action plan for implementation of the WTO Agreement on 
Customs Valuation, contained in WT/ACC/CPV/ 14 and we appreciate the commitment for full 
implementation of the Agreement by 2009. 
The action plan, however is not currently a suffi cient basis upon which to build Cape Verde's 
protocol commitment, as it does not provide in formation on Cape Verde's actual plans for 
implementation of the Agreement.  
It indicates only that most of the substantive ob ligations of the Agreement will be covered by the 
new Customs Code, which will not even be in  draft before the first semester of 2005. 
Answer:
 
The Action Plan for the implementation of Article VII of the GATT Agreement was re-elaborated and 
the suggestions were taken into account in this re-elaboration. 
Question 87 
We have reviewed Cape Verde's action plan for implementation of the WTO Agreement on 
Customs Valuation, contained in WT/ACC/CPV/ 14 and we appreciate the commitment for full 
implementation of the Agreement by 2009. 
The action plan, however is not currently a suffi cient basis upon which to build Cape Verde's 
protocol commitment, as it does not provide in formation on Cape Verde's actual plans for 
implementation of the Agreement.  
It does not provide enough guidance for de legations to offer specific assistance. 
Answer:  
The Action Plan for the implementation of Article VII of the GATT Agreement was re-elaborated and 
the suggestions were taken into account in this re-elaboration. 
Question 88 
In addition, there is no indication that any of  the substantive elements of the Agreement are 
already in place, e.g., administrative appeals,  recourse to judicial review, MFN application, 
some of  the publication requirements, the ability to specify the timing of the foreign exchange 
conversion rate, protections of confidential in formation, provision for a surety bond system, 
prohibition in law of any of the prohibited forms of valuation, etc. 
Answer:  
The future Customs Code will include all the requirements of the WTO Agreement on Customs 
Valuation. 
Question 89 
The action plan also lacks reference to the following obligations:  WT/ACC/CPV/20 
 Page 37 
 
 
 - Valuation of imports by through the application of the transaction value of similar 
merchandise (Article 3 of the Agreement). 
- Specification of the fallback method, includi ng a commitment not to use the prohibited 
bases of valuation (Article 7). 
- A commitment to adopt Decision 3.1 and paragraph 2 of Decision 4.1 of the Committee 
on Customs Valuation which, respectively, a ddress the Treatment of Interest Charges in 
the Customs Value of Imported Goods and the Valuation of Carrier Media Bearing Software, for Data Processing Equipment. 
Answer:
 
The action plan will take care of this. Question 90 We have reviewed Cape Verde's action plan for implementation of the WTO Agreement on 
Customs Valuation, contained in WT/ACC/CPV/ 14 and we appreciate the commitment for full 
implementation of the Agreement by 2009. 
The action plan however is not currently a su fficient basis upon which to build Cape Verde's 
protocol commitment, as it does not provide in formation on Cape Verde's actual plans for 
implementation of the Agreement.  
We believe that Cape Verde should revise WT/ACC/CPV/14 to include these missing elements, 
along the following lines:   
- Customs Valuation 
In response to questions concerning el ements of the WTO Customs Valuation 
Agreement already in place and function ing, the representative of Cape Verde 
said that in accordance with the curren t legislative provisions, the right to 
appeal referred to in Article 11 of the Agreement stipulating that the importer had the right to appeal first to the admi nistrative courts, and also to the Fiscal 
and Customs Courts, or Common Cour ts, tribunals independent of the 
Government. Thus, the right to appeal  to an independent administrative 
tribunal was already in effect, as were the following other aspects of Cape Verde's customs regime: the protection of confidential information (Article 10) and a surety bond system (Article 13) provided for in yy; the publication of legislation, regulations and administrative decisions of general application on customs issues including valuation (Article 12), provided for in 
xx.   The definitions provided in Article 15, the importer's right to a written 
explanation of how the customs value  was determined (Article 16), and 
provisions ensuring the precise implementation of Articles 9-13 related were contained in the new Customs Law which was slated for enactment during 2005.  To the extent not already provided for in law, the provisions of Articles 9-13 and 
15-16 would implemented from the date of accession.    
The representative of Cape Verde requested that the Working Party grant a 
transitional period from the date of its accession to allow it to obtain and utilize 
technical assistance to assist in the full implementation of the obligations of the Agreement, in particular those contained in Articles 1-6, 7, 8, and 14.  Full implementation of the Agreement on Cu stoms Valuation would be carried out 
gradually and progressively and would be completed, at the latest prior to WT/ACC/CPV/20 
Page 38  
 
 1 January 2009, in accordance with the timetable contained in Table xx below.  
He confirmed that during the transition Cape Verde will not be required to observe the provisions of Article 7:2(f) wi th respect to selected imports, thereby 
allowing for the application of minimum import values to be applied to imports of poultry covered by HS 0207.11—0207.14 for the purposes of customs 
valuation during the transition period.  All other aspects of Article 7 would be 
observed from the date of accession. If such a transitional period were granted, Cape Verde's deviations from the provisions of the Agreement would be strictly limited to these Articles, and all other provisions of the Agreement would be implemented for all imports. 
During this period, Cape Verde would ensure that its regulations under current 
legislation in place and additional legislation implemented during the transition concerning customs valuation would be applied on a non-discriminatory MFN basis to all imports.  Any changes made  in its laws, regulations and practice 
during the transition period would not result in a lesser degree of consistency 
with the provisions of the Agreement on Customs Valuation than existed on the 
date of accession.  Cape Verde would pa rticipate in the work of the Committee 
on Customs Valuation and would seek out all available technical assistance, including under Article 20:3 of the Agreement , to ensure that its capacity to fully 
implement the Agreement upon expiration of  the transition period is assured.  
The representative of Cape Verde presented an Action Plan setting out details of 
the steps that still remained to be taken in order to achieve this objective and a 
timetable for each step (Table xx). 
The representative of Cape Verde stated that legislation on the valuation of 
imports for customs and taxation purpo ses conforming to the requirements of 
the Agreement on Customs Valuation would be enacted prior to Cape Verde's 
accession to the WTO, but that some of the provisions would not immediately go 
into effect.  Cape Verde would progressively implement the Agreement on Customs Valuation in accordance with the action plan in Table xx, and with the understanding that during this period the scope of implementation of other aspects of the Agreement, as described in  paragraphs a and c, would be applied 
by Cape Verde.  Full implementation will start from 1 January 2007.  The 
Working Party took note of these commitments. 
Table xx:  Action Plan for Implementation of the Agreement on Customs 
Valuation 
Action Implementation 
Date 
Legislative Implementation 
Enactment of new Customs Law  (drafted in first half of 2005) 
Currency conversion notification requirement (Article 9)  
Protection of confidential information (Article 10)  
Right of administrative appeal  and appeal of administrative  decisions to an independent 
tribunal (Article 11)  
Publication of legislation, regulations and admi nistrative decisions of general application on 
customs issues including valuation (Article 12)  
Sureties for the release of merchandise (Article 13)  Definitions (Article 15)  
Importer's right to an explanation in writing from the customs administration concerning the 
determination of customs value (Article 16) 
Prohibited forms of Valuation when transactio n value or transaction value of identical or 
similar merchandise is applicable  (Art icle 7(a) (b), (c), (d), (e) and (g)) 
Establishment that the Annexes I, II and III are integral  parts of the Agreement (Article 14) Completed or 
Upon Accession  WT/ACC/CPV/20 
 Page 39 
 
 
 Action Implementation 
Date 
with delayed implementation of provisions related to Articles 1-6, 7:2(f), and 8 
Training 
Initial Seminar/Workshop on the principles of the GATT/WTO Agreement of Value, by WTO 
Secretariat 
Training Additional Seminars and Worksho ps on the Customs Code: Adapta tion and familiarization of 
the Customs Code, by the user. 
Training on post declaration or post dispatch auditing--Workshops/seminars  
Preparation Customs Valuation Manual Prior to  
1 January 2006 
Training Technical training on determination of Customs Value: Course to train trainers for selected 
Customs functionaries identified as  having the capacity to teach. 
Training on risk evaluation:  Workshops/seminars presented by specialists in "risk 
evaluation". Prior to  
1 January 2007 
Creation of a technical information system including a reference data base on the value of 
identical or similar goods:  Data base for the e valuation of identical or similar merchandise to 
implement usage of identical and similar merch andise transactional value (methods 2 and 3 
applied sequentially) 
Evaluation of the Customs Code implementation Prior to  
1 January 2008 
Additional Legislative Implementation, e.g., Re gulations to the Customs Law, activating the 
provisions of the Customs Law for the following measures: 
 
- Transaction valuation (Article 1) 
- Transaction value of iden tical goods (Article 2) 
- Transaction value of similar goods (Article 3) 
- Imputed value (Article 5) 
- Computed value (Article 6) 
- Fallback method, with elimination of use of  minimum import values (Article 7:2(f)) for 
poultry 
- Additions to the price paid or payable (Article 8) 
 
Adoption of Decision 3.1 of the Committee on Customs Valuation on the Treatment of Interest 
Charges in the Customs Value of Imported Goods  
Adoption of paragraph 2 of Decision 4.1 of  the Committee on Customs Valuation on the 
Treatment of Interest Charges in the Customs Value of Imported Goods and the Valuation of 
Carrier Media Bearing Software, for Data Processing Equipment. Prior to  
1 January 2009 
Full implementation of Agreement on Customs Valuation Prior to  
1 January 2009 
 
We seek Cape Verde's review, comments, and submission of text for inclusion in the Draft 
Working Party report along the lines demonstrated above. 
Cape Verde also should share the text of its draft Customs Code with the Working Party as 
soon as possible, to receive members comments and suggestions. 
Answer:  
The Action Plan is already revised as requested. 
(j) Pre-shipment inspection 
Question 91 We seek a commitment along the following lines: 
The representative of Cape Verde confirmed that if in the future Cape Verde 
engaged the services of a pre-shipment inspection enterprise, Cape Verde would put into place a pre-shipment inspection system programme in conformity with WT/ACC/CPV/20 
Page 40  
 
 the WTO Agreement on Preshipment Inspection and would ensure that 
preshipment inspection enterprises operati ng on its behalf complied with the 
provisions of the WTO Agreements, including the Agreements on Customs Valuation, Import Licensing Procedures, and Technical Barriers to Trade.  Provision would be made that decisions by such firms could be appealed by 
importers in the same way as administra tive decisions taken by the Government 
of Cape Verde.  Any preshipment inspection regime would be temporary.  Cape Verde would also give due consid eration to the recommendations of the 
Working Party on Pre-shipment Inspection of 2 December 1997 and subsequent recommendations issued by that Working Party.  The Working Party took note 
of these commitments.   
Answer:
 
The Government of Cape Verde commits itself as requested. 
(k) Application of internal taxes on imports 
Question 92 
Concerning the description in paragraph 59 of  the Factual Summary on VAT exemptions:  
- What does "the transmission of goods a nd performance of services rendered in the 
ambit of agriculture, forestry, livestock or fishing activities" mean in practical terms?  Does it mean that the initial sale of agric ultural goods by the producer are exempted 
from the VAT?  If this is the case, are similar imported goods also exempt? 
Answer:
 
The translation was incorrect may be because the re ference text considered was only a draft. The 
Government of Cape Verde apologizes itself. The approved relevant text will be submitted to the 
Secretariat.  
Question 93 
Concerning the description in paragraph 59 on VAT exemptions: 
- Are the VAT exemptions for transmission of staple products (to be defined by the VAT 
Regulation); transmission of medications, including those for veterinarian purposes as 
well as pharmaceutical specialties and products exclusively for therapeutic or prophylactic purposes; and transmission of goods of equipment, seeds, reproduction species, fertilizers, pesticides, herbicides, fungicides and similar, as well as nets, hooks and other fishing apparatus, according to t axes to be described on the VAT Regulation 
available for similar imported goods?   
Answer:
 
Goods, acts and activities concerned by exemptions are listed in Table 5(a) and 5(b) attached to the 
Factual Summary (Job No. 7172 of 26 October 2004). Meanwhile see also the legal texts mentioned 
in Question 94 below.   WT/ACC/CPV/20 
 Page 41 
 
 
 Question 94 
Concerning the description in paragraph 59 on VAT exemptions: - What "certain domestic operations" are exempt from VAT? 
We reserve comment on whether Cape Verde's VAT application is WTO consistent pending 
determination of the implications of these exemptions for Article III. 
Answer:
 
Please, consider Law No. 21/VI/2003, Law No. 23/ IV/2003 and Decree Law No. 22/2003 all of them 
of 14 July 2003, published in the O.B. No. 21, I Series of 2003, and Decree Law No. 48/2004 of 26 July 2004 as parts of this answer.  
Question 95 
Concerning the special tax on consumption: 
- Please confirm that this tax applies equally to  imports and to domestic production for all 
products. If not, please list those products (and the corresponding tax rates) where the 
Special Consumption Tax is not equal for domestic and imported varieties. 
Answer:
 
The Government of Cape Verde reconfirms th e answer to Question 52 of WT/ACC/CPV/15 and 
paragraph 56 of the Factual Summary (Job No. 717 2 of 26 October 2004).  Table 4 annexed to the 
Factual Summary lists the products concerned and indicates the corresponding tax rates. 
(l) Rules of origin 
Question 96 Cape Verde has confirmed in th e response to Question 54 that its new Customs Law will contain 
provisions that an assessment of the origin of an import prior to trade will be provided upon 
request.   
We look forward to reviewing the provisions of Article 2(h) and Annex II, paragraph 3(d) of the 
WTO Agreement on Rules of Origin in law. 
Answer:
 
The drafted Customs Code will be made availa ble to WTO members through WTO Secretariat. 
(m) Anti-dumping regime 
(n) Countervailing duty regime (o) Safeguard regime Question 97 We seek a commitment along the following lines: WT/ACC/CPV/20 
Page 42  
 
 The representative of Cape Verde co nfirmed that Cape Verde would apply 
safeguard, anti-dumping, or counterva iling duty measures only after notifying 
and implementing laws in conformity with the provisions of WTO Agreements 
on Safeguards, the Implementation of Article VI of the GATT, and on Subsidies and Countervailing Measures, and that a fter accession Cape Verde would apply 
any such measures only in conformity with the relevant WTO provisions.  The 
Working Party took note of these commitments. 
Answer:
 
The Government of Cape Verde commits itself as requested. 
2. Export Regulation 
(a) Registration requirements for engaging in exporting 
Question 98 We have covered our comments on this under "Registration requirements for engaging in 
importing." 
Answer:
 
No answer is required. 
(f) Export financing, subsidy and promotion policies 
Question 99 With regard to incentives provided under duty dr awback programs (e.g., Law No. 92/IV/93 of 
15 December 1993 and Decree Law No. 32115 of 7 July  1942), please explain in greater detail 
how Cape Verde would ensure that the input s exempted from import duties under these 
programs are in fact used in the production of  exports.  Please also explain how Cape Verde 
would ensure that the import duties refunde d through these programs does not exceed the 
amount of duties paid or payable.   
Answer:
 
Decree Law No. 32115 of 7 July 1942 is abrogated by disuse. Law No. 92/IV/93 of 
15 December 1993 and Decree Law No. 108/89 are u sed in the production for exports. An industry 
with previous registry with the Commercial Conserva tory and after due authorization is inscribed in 
the industrial registry record and this allows it to  be eligible to the established benefits. For TVA 
firms has to be inscribed in fiscal registry record.  
Please, note that if Decree Law No. 32115 is abrogate d there is no need to explain how Cape Verde 
would ensure that the import duties refunded through these programs does not exceed the amount of 
duties paid or payable. 
Please, consider the two last above cited legal texts as part of this answer.  WT/ACC/CPV/20 
 Page 43 
 
 
 Question 100 
Please provide information regarding the eligibilit y criteria for companies to receive assistance 
under the PROMEX program. Could Cape Verde also please explain whether the list of incentives provided under the PROMEX program (see paragraph 87 of the Factual Summary) is exhaustive?  If the list is not exhaustive, please list all of the incentives provided under this 
program. 
Answer:
 
Please, refer also to the answer to Questi ons 17 and 18 above a nd 101 and 109 below.  
Question 101 
Concerning the response to Questions 48-50, 57 and 58 of WT/ACC/CPV/7 and Question 61 of 
WT/ACC/CPV/15: 
Cape Verde's responses in WT/ACC/CPV/7 list five laws that provide tariff and tax exemptions 
"directed at encouraging economic activities in  specific productive sectors" and for export 
oriented "franc enterprises."   
For these five programs, i.e., those provided by (a) the Foreign Investment Law, No. 89/1V/93; 
(b) Law No. 92/IV/93; (c) The Industrial Statut e, Decree Law No. 108/89; and (d) Tourist Utility 
Law No. 42/IV/92; or (e) Law No. 99/IV/93 of 31 December, it appears that the laws noted in 
(a) (b), (c), and (e) provide for tax and customs exemptions and other bene fits based on export 
performance, mostly through revenues foregone. 
Are there any other government provided benefits focused on specific industries or whether 
they are dependent on export performance or local content criteria? 
Answer:  
Please, take note of the answers to Questions 102, 106 and 109.  The Governme nt of Cape Verde is 
programming a plan to redress the situation. Meanwh ile the existing laws and regulations are those. 
The benefits are focused on investment stimulation and production for exports. 
Question 102 
Cape Verde should provide comprehensive informat ion on the subsidies granted by that conflict 
with the provisions of Article 3 of the WTO SCM Agreement, using what has already been 
provided, and augmenting it, as necessary to provide a clear and complete picture of the incentives provided, in order to be able to a ddress them both in the context of Cape Verde's 
LDC status and in the longer term.   
Answer:
 
The Government of Cape Verde is in entire agreem ent with the statement a bove and welcomes this 
suggestion. 
The Government of Cape Verde has in view to ela borate a plan on this subject.  Please, see answers to 
Questions 106 and 109 below. WT/ACC/CPV/20 
Page 44  
 
 Question 103 
We understand that Cape Verde will loose its LDC status within three years.  Any additional 
grace period for these measures will require agree ment by the WP on a longer transition. 
Answer:
 
The Government of Cape Verde is in entire agre ement with the statement above and welcomes the 
suggestion. 
Question 104 
Cape Verde should use the opportunity of the re view of its industrial policies and prohibited 
incentives and subsidies for industry and export , and recognize that they will need to be 
adjusted to move towards WTO consistency, as  any exemptions from WTO provisions related 
to its LDC status are transitory. 
Answer:  
The Government of Cape Verde has in view to ela borate a plan on this subject.  Please, see answer to 
Question 106 below. 
3. Internal policies affecting foreign trade in goods 
(a) Industrial policy, including subsidy policies 
Question 105 Could you please provide more information regar ding government assistance to the fisheries 
industry as described in paragraph 91 of Cape Verde's Factual Summary?  For example, please 
provide information regarding the type of financ ing provided by the government to the fisheries 
industry and the terms of that financing.  Pl ease also provide further details regarding the 
incentives for ice and fuel provided to this sector .  In addition, please also provide information 
on the eligibility requirements for compani es to receive benefits under these programs. 
Answer:
 
The Government of Cape Verde is looking for assi stance to the fisheries industry while trying to 
redress the fisherman poverty situation. Decree La w No. 25/94 and Decree Law No. 26/94, both of 
18 April 1994, published in the O.B. No. 15, I Series of 1994 establish that only Capeverdean 
companies are eligible to that assistance. 
Through Decree-Law No. 25/94, of 18 April 1994, the Government of Cape Verde created some 
instruments of support to the Fishing activity, namely the Fishing Development Fund, FDP (now being restructured), endowed with administrative,  financial and patrimonial  autonomy and having as 
one of the principal attributions the management  of the Integrated System of Support to the 
Investment which, associated to the banking a nd parabanking system, constitute the incentive and 
financial support structure to assist the operators in  the fishing sector.  According to the Law, the 
incentives to be granted by the FDP assume the fo llowing forms: reduction of the interest rates, 
subsidy grants, fiscal and customs exemption, etc.  Nevertheless, in spite of the incentives referred 
above it becomes evident that the reduction in in terest rates and the subve ntion of capital and the 
subvention of the price of ice, while production f actors for fishing, represented, from 1995 to 2001, in  WT/ACC/CPV/20 
 Page 45 
 
 
 terms of financial amounts, the essential of the incen tives (80 per cent) attributed or approximately 
ECV 89.5 million. 
In accordance with Article 13 of Decree-Law No . 25/94, it behooves the FDP to decide on the 
concession of the incentives foreseen and it behooves th e Ministry of Finance to grant the fiscal and 
customs incentives foreseen in D ecree-Law No. 153/87.  The FDP revenues, expenses and accounting 
are included in Section III of Article 18 of the Decree-Law referred to above. 
The candidacy to the incentives forese en in the Law must be formulated in a request in a form to be 
filled and approved, and presented to FDP that, in turn, should communicate to the promoters of the 
project within the deadline stipulated by law th e decision made on the concession of the requested 
incentives.  Concession of the support shall be form alized through a contract, between the FDP and 
the promoter of the project, which must obligatorily include the amount and the nature of the supports 
granted, the effective period of the contract, the objectives of the project and the obligations of the 
beneficiary.  
Question 106 
Cape Verde is required to notify its Subsidies.  What is the status of the study commissioned on 
the industrial sector that will form the basis for Cape Verde's notifications to the WTO? 
Answer:  
A study financed by IMF has been produced, while the Government is programming deeper study and 
a plan for the industrial sector which will deal  with subsidies and investment incentives.  
Question 107 
We seek a comprehensive listing and description of all incentives and subsidies for domestic 
production and export.  Reporting on these issues  in the documentation is required of all WTO 
members, and the information provided by Cape  Verde to date is fragmented and unclear. 
Answer:  
The Government of Cape Verde is trying to do it s best to be the clearer it can be in its WTO 
accession.  Laws on that has been forwarded to WTO me mbers.  Please, refer to Question 109 below.    
Question 108 We ask for Cape Verde's assistance in addressing this issue. 
Answer:
 
The Government of Cape Verde understands this comme nt and is willingly to address the issue, but is 
not easy get away from old laws enacted long time ago with a complete different scope. External 
assistance is needed. 
Question 109 Please provide legal citations for the authority to apply the incentive programs of the programs 
listed in this section and in the section on export subsidies, and describe the character of these incentives, whether they are focu sed on specific industries, and whether they are dependent on 
export performance or local content criteria. WT/ACC/CPV/20 
Page 46  
 
 Answer:
 
First of all, any interested foreign investor has to apply for an investment authorization to the Ministry 
of Finance and Planning and to the Central Bank to  open and manage a foreign currency account.  The 
relevant legal measures are Law No. 89/IV/93 of 13 December 1993 and Regulatory Decree No. 1/94 
of 3 January 1994 on foreign investment.  There is no obligation for the foreign investment project to 
be focused on a specific industries or financing or tourism. 
Concerning industrial policy, there are fiscal exemptions and exemptions from customs duties which 
are monitored by the Ministry of Finance and Pla nning. However, the installation's authorization and 
the inscription on the industrial records are monitored by the Ministry of Economy, Growth and Competitiveness.  The legal citations for the authorit y to apply the incentive pr ograms are indicated in 
Decree Law No. 108/89 of 30 December 1989 on Indus trial Activity Statute as amended by Law 
No. 92/IV/93 of 15 December 1993 on in centives to exports and re-exports.   
In relation to financial institutions, the external inv estor have to apply to the Minister of Finance and 
Planning for authorization according to Law No . 43/III/88 of 27 December 1988 as amended by Law 
No. 32/V/97 of 30 June 1997 and Decree Law No.66/97 of 3 November 1997.  There is a 
programmed amendment which was sent to WTO Secretariat for WTO members comment, as 
requested, meanwhile, no reply have been receive d. Financial institutions benefits from fiscal 
exemptions, including for their share holders and clients. 
Regarding tourism, Law No. 55/VI /2005 of 10 January 2005 on Tour isty Utility provides for fiscal 
exemptions for the company and customs duties exemptions for equipments imported for the first installation and renewals in view to achieve higher standards. The Minister of Finance and Planning 
and the Minister of Economy, Growth and Competitiveness, both, monitor the installation and the 
benefits allowed. 
The industrial activities are not dependent on export  performance or local content criteria but from 
their contribution to the country's economic development. 
Question 110 
Cape Verde should begin now to prepare its no tification of subsidies as provided for in 
Article 25 of the WTO SCM Agreement. 
We seek a commitment along the following lines: - The representative of Cape Verde confirmed that Cape Verde would administer its 
subsidy programmes, including those provided for in (a) the Foreign Investment Law, 
No. 89/1V/93; (b) Law No. 92/IV/93; (c) Th e Industrial Statute, Decree Law No. 108/89; 
and (d) Tourist Utility Law No. 42/IV/92; or (e) Law No. 99/IV/93, in full conformity 
with the WTO Agreement on Subsidies and Countervailing Measures, including Article 27.2.  All necessary information on such programmes would be notified to the 
Committee on Subsidies and Countervailing Meas ures in accordance with Article 25 of 
the Agreement upon entry into force of Cape  Verde's Protocol of Accession.  The 
Working Party took note of these commitments. 
Answer:
 
The Government of Cape Verde confirms its statement made under answer to Question 118, 
under-mentioned.  A consequent plan of action will  be prepared and due a ccount will be taken of  WT/ACC/CPV/20 
 Page 47 
 
 
 Subsidies and incentives in view to make them  conform to WTO Agreement on Subsidies and 
Countervailing Measures, including Article 27.2. 
(b) Technical regulations and standards 
Question 111 Paragraph 94-95 of the Factual Summary: 
Has Cape Verde's thinking on establishment of a formal regime for the application of technical 
requirements for non-agricultural imports e volved since the issuance of WT/ACC/CPV/11? 
Answer:
 
The drafted new laws on copy rights and industrial property rights were sent for WTO members' 
comments through WTO Secretariat.  Those comment s are expected and welc omed.  Paragraphs 94-
95 of the factual Summary refer to TRIPS. Me anwhile, it ought to be remembered that the 
WT/ACC/CPV/11 of 25 March 2004 refers to TBT Acti on Plan which could not yet be implemented 
by lack of external technical assistance, while answer to Question 20 of WT/ACC/CPV/8 of 25 March 2004 on additional questions and replies c oncerns protection of geographical indications 
under Article 22 of the Agreement on TRIPS. 
WT/ACC/CPV/11 relating to the TBT Action Plan foresees 
Agreement on Technical 
Barriers to Trade Laws and regulations addressing 
the subject matter Timeframe for 
completion Remarks 
Article 10: Establishment and 
operation of a single contact 
point for information (enquiry 
point) Policy decision on the 
establishment of enquiry point See ACC-8 Enquiry point will be Trade 
Policy/WTO Unit in the 
Ministry of Economy, Growth 
and Competitiveness 
Article 2: Preparation, Adoption and Application of 
Technical Regulations by 
Central Government Bodies Cape Verde has no capacity in 
the area of technical barriers to 
trade. We have no law, 
regulations nor an administrative 
body in the technical regulations 
area.  After accession, Cape Verde 
will develop and apply 
technical regulations as well 
notify the WTO Secretariat in 
accordance with Article 2. 
 
ACC – 8 referred to in the table above is th e WT/ACC/CPV/6 below whose label was not known 
when it drafted.  
WT/ACC/CPV/6 of 13 January 2004 says in its "Check-list of Illustrative TBT Issues for 
Consideration in Accessions" 
Commitments (by the time of 
accession) WTO Reference Status (a s of 29 September 2003) 
1.  Standstill: the introduction of new 
standards, technical  regulations and 
conformity assessment procedures 
should be fully compatible with the 
TBT Agreement 1. Generally agreed 
principle in WTO 
accession negotiations The Government of Cape Verde is committed 
to complying with requirements of the TBT 
Agreement. As a LDC, it recognizes  that both 
financial and technical resources will be 
required to achieve the level of compliance. 
2. Submission of  Statement on 
implementation 2. Article 15.2 and TBT 
Committee Decision 
(G/TBT/1) Cape Verde has already a WTO Unit. This is a 
function of the WTO Unit. 
 WT/ACC/CPV/20 
Page 48  
 
 For the time being, the TBT enquiry point is:  
Office of Minister of Economy Growth and Competitiveness  
Post Office Box No. 15 Praia Republic of Cape Verde  
Telephone:  (238) 260 76 11/12;  
Fax: (238) 261 72 99.  
Officer in charge:  Mr. Francisco Moreira Corre ia (alternative phone (238) 262 28 26 and Email – 
correiafm@yahoo.com) or Ms. Alcidia Evel yne Barros Alfama (alcidiaa@gov1.gov.cv). 
The Government of Cape Verde is looking eagerly to  comply with the TBT agreement's provision but 
requests for assistance in view to achieve such a goal. 
Question 112 
Paragraph 94-95 of the Factual Summary: Cape Verde should provide for the Working Party report text the location of its enquiry point, 
the Ministry that will be the focal point for its standardization work. 
Answer:
 
Concerning standardization work, the Governme nt of Cape Verde confirms the following: 
- For Copy Rights the focal point is the Ministry of Culture; 
- For Industrial Property Rights and TBT, the focal point is the Ministry of Economy, Growth 
and Competitiveness; and 
- For SPS and Food safety, the focal point is the Ministry of Environment, Agriculture and 
Fisheries. 
For the time being, the coordination of the enquiry point is as the response to Question 111 above. The Government of Cape Verde is looking eagerly  to comply with the TBT, SPS and Food Safety 
provisions but stands in need of assistance in view to achieve such goals. 
Question 113 
Paragraph 94-95 of the Factual Summary 
Has Cape Verde decided upon a facility for pu blication of all TBT requirements for public 
comment prior to enactment? 
Answer:
 
The Government of Cape Verde will welcom e any further assistance on TBT because without 
technical support it is not easy to comply with those requirements prior to enactment. Laws and 
regulations on TBT are obsolete, because they da te back from a period before the independence.  WT/ACC/CPV/20 
 Page 49 
 
 
 (c) Sanitary and phytosanitary measures 
Question 114 We thank Cape Verde for submitting its action plan for implementation of the WTO Agreement 
on SPS, in WT/ACC/CPV/12.  
We submitted a number of questions to Cape Verde on its SPS plans at the last meeting.  We 
intend to rework those questions and resubmit them in writing.  
Answer:
 
The revised action plan on SPS has been submitted to the Secretariat (see document 
WT/ACC/CPV/10/Rev.1). 
(e) State-trading practices 
Question 115 
We ask that Cape Verde prepare its notifications under Article XVII for EMPROFAC, 
Sociedade Caboverdiana de Ta bacos, ENACOL and SHELL, whic h Cape Verde indicated meet 
the definition of state trading enterprises. 
Answer:  
EMPROFAC is an enterprise under privatization pr ocess and it is not sure that the import and 
distribution monopoly will be maintained.  Imports of  fuels and other petroleum products are not an 
ENACOL and SHELL import monopoly, neither exclusiv e or special privileges are granted to such 
enterprises.  
The Capeverdean Tobacco Company (Sociedade Caboverd iana de Tabacos) is an enterprise subject of 
a concession. 
Due notification will be made at the earliest opportunity to WTO Secretariat.. 
Question 116 
Concerning imports subject to restrictions based on substantive criteria:  Platinum, Palladium, 
Radium, Iridium, Osmium, and Ruthenium are p recious metals but are not covered by the 
Article XX exemption for gold an d silver for monetary purposes. 
What criteria are applied for the restri ctions on imports of these metals? 
Answer:  
This question is answered under Question 76 above, which is almost the same.  
Question 117 
The response to Question 41 confirms that the rest rictions applied by Cape Verde to imports of 
these products are accomplished through designatio n of specific entities to import those goods. 
If the entities are granted exclusive import rights, the permit to import is a designated trading 
right and these enterprises should be notified  to the WTO as state-trading enterprises. WT/ACC/CPV/20 
Page 50  
 
 Answer:
 
Gold and silver for monetary use are covered by GATT Article XX. The Central Bank (Bank of 
Cape Verde) uses those precious metals as money.  The Ministry of Defence and the Ministry of 
Home Affairs import weapons and ammunitions for their use and nobody are authorized to do the 
same as explained in the answer to Question 77.  Imports of nuclear and radioactive products are 
prohibited. 
If in future any entities are granted any exclusive im port rights these will be notified to the WTO. For 
more clarification, please, refer to question 115 above. 
(f) Free zones 
(g) Free economic zones 
Question 118 
Comprehensive information on these programmes mu st be developed, using what has already 
been provided, and augmenting it, as necessary to provide a clear and complete picture of the operation of these zones, the incentives provided, and the treatment of imports into the rest of 
Cape Verde from the zones in order to be able  to address their WTO implications both in the 
context of Cape Verde's LDC status and in the longer term.   
Answer:
 
The Government of Cape Verde is grateful for this comment. There are two kinds of zones in 
Cape Verde:  The Industrial Zone of Lazaret o where franc enterprises can install and franc 
commercial zone where permanent trade fairs can be  held. Franc enterprises can also be installed 
elsewhere and they benefit from incentiv es provided for under Law No. 99/IV/93 of 
31 December 1993, which is attached as annex I to the Factual Summary (doc. 7172 of 
26 October 2004). 
Relevant Laws, rules and regulations are:  - Industrial Zone of Lazareto and franc en terprises:  (1) Decree Law No. 36/2003 of 
29 September 2003, published in the O.B. No. 32, I Series of 2003; (2) Regulatory Decree 
No. 6/99 of 21 June 1999, published in the O.B. No. 21, I Series of 1999; (3) Law 
No. 50/III/89 of 13 July 1989, published in the O.B. No.27 of 1989, supplement; (4) Legislative Decree No. 19/97 of 22 December 1997, published in the O.B. No. 49, I Series 
of 1997; (5) Resolution No. 43/93 of 31 August 199 3, published in the O.B. No. 32, I Series 
of 1993, supplement; (6) Resolution No. 3/2004 of 23 February 2004, published in the O.B. No. 6, I Series of 2004; (7) Law No. 99/IV/93 of 31 December 1993, published in the O.B. 
No. 49, I Series of 1993, supplement; 
- Franc commercial zones:  (1 ) Decree Law No. 18/2000 of 27 March 2000, published in the 
O.B. No. 9, I Series of 2000; (2) Law No. 83/V/98 of 21 December 1998, published in the O.B. No. 47, I Series of 1998; (3) Decree Law No. 48/99 of 2 August 1999, published in the O.B. No. 27, I Series of 1999, as referred to in paragraph 5 of WT/ACC/CPV/15/Add.1.  The 
Commercial franc Zone is not fully operationa l and it hosts only sporadic trade fairs; and 
- Industrial Zone and Commercial Zone are mora l persons, provided with  juridical personality, 
full legal capacity required for the performance of  its functions under its  by-law, financial and 
administrative autonomy, power to acquire, hold or dispose movable or immovable property, contract and institute legal proceedings.   WT/ACC/CPV/20 
 Page 51 
 
 
 Question 119 
We urge Cape Verde to use this opportunity to rev iew its free zone policies and to reorganize, as 
necessary, its incentives, subsidies, and customs controls to meet WTO requirements, in order to 
eventually fully implement WTO provisions in th is area and recognizing that any exemptions 
from WTO provisions related to its LDC status are possibly transitory. 
Answer:  
The Government of Cape Verde thanks is gratef ul for this comment and takes due note of it. 
Question 120 
Paragraph 108:  As Cape Verde's LDC status is expiring, we believe that it should respond to 
questions designed to elicit a plan for the gra dual elimination of prohibited subsidies linked to 
export performance requirements.   
Answer:  
The Government of Cape Verde welcomes the co mments and commits itself to prepare as soon as 
possible a plan for the gradual elimination of prohibited subsidies linked to eventual export 
performance requirements. 
(l) Government procurement practices Question 121 We thank Cape Verde for its consideration of participation in the Agreement on Government 
Procurement, as an observer and as a member.   
Answer:
 
Please, note that in the answer to Question 82 of  WT/ACC//CPV/15 and in the paragraph 110 of the 
Factual Summary Job No. 7172 it was affirmed:  "T he Agreement on Government Procurement is an 
optional, not an obligatory agreement.  However,  the Government of Cape Verde will explore the 
advantages and disadvantages." 
(m) Regulation of trade in transit 
Question 122 
We thank Cape Verde for its assurances that new regulations for Trade in Transit will be 
included in the new Customs Law.  We look forward to reviewing them. 
Answer:  
The Government will make available the draft of  the Customs Code for review (see document 
WT/ACC/CPV/18). WT/ACC/CPV/20 
Page 52  
 
 V. TRADE-RELATED INTELLECTUAL PROPERTY REGIME 
Question 123 Cape Verde stated in paragraph 126 (page 28 in the Factual Summary) that it was in the 
process of acceding to the Paris Convention for Protection of Industrial Property.  Has 
Cape Verde completed the accession process to th e Paris Convention?  The Paris Convention is 
an important pillar within the international in tellectual property system and Cape Verde is 
highly recommended to join if it has not yet acceded. 
Answer:
 
The Government of Cape Verde agrees that the Pa ris Convention is an important pillar within the 
international intellectual property system and accepts  the recommendation requesting to join it.  The 
accession request will presented soon. 
Question 124 
We understand according to paragraphs 136 a nd 137 of the Factual Summary that a new 
Industrial Property Law was to be promulgated in January 2005.  Is the promulgation of the 
new IP law still planned for January 2005? 
Answer:  
Industrial Property Law was not promulgated in Janua ry 2005.  Before approval and promulgation, as 
promised, the Government of Cape Verde will make the draft available for WTO members' 
comments.  Please, note that in the new IPL draft all obsolete provisions was removed and replaced by others presumed more adequate. 
Question 125 
We look forward to the opportunity to review dra fts of Cape Verde's IP enforcement legislation, 
including its customs and criminal codes. Please provi de us with copies of drafts when available.  
Answer:
 
The drafts of Cape Verde's IP enforcement legislat ion, including its customs and criminal codes will 
be made available.  
2. Substantive standards of protection, incl uding procedures for the acquisition and 
maintenance of intellectual property rights 
(a) Copyrights and related rights Question 126 We look forward to the opportunity to review a dr aft of Cape Verde's proposed revisions of the 
Copyright Act. We are willing to provide assistan ce by making suggestions to the Act that may 
be TRIPS deficient.   WT/ACC/CPV/20 
 Page 53 
 
 
 Answer:  
The Government welcomes the promised assistan ce. The document will be made available (see 
document WT/ACC/CPV/18). Assistance on this issue was financed by USAID. 
Question 127 
The TRIPS Action Plan (WT/ACC/CPV/9) lists  several different dates (from March/April 2004 
through January 2005) for the drafting or revis ion of the Copyright Act.  Please clarify 
Cape Verde's plans to revise the Copyright Act. 
Answer:  
The Copyright Law is being worked on and it will be soon approved, publishe d and implemented as 
designed on the relating revised plan of ac tion. Assistance was financed by USAID. 
(b) Trademarks (c) Geographical indications, including appellations of origin Question 128 We look forward to the opportunity to review a dr aft of Cape Verde's proposed IP law in order 
to make a determination if the new trademar k and geographical indications regime will be 
TRIPS consistent.  We are willing to provide assistance by making suggestions in those 
provisions that may be TRIPS deficient. 
Answer:
 
The Government of Cape Verde welcomes the offer of assistance and will make available for review 
its draft IP law in order to be sure about its quality including if the new proposed trademark and 
geographical indications regi me are TRIPS consistent. 
(h) Requirements on undisclosed information,  including trade secrets and test data  
Question 129 We look forward to the opportunity to revie w a draft of the new Industrial Property Law 
currently being drafted. Please let us know when such a draft will be available, and provide us a copy at your earliest convenience so we may begin the review process.  We would also like to 
review drafts, if any, of legislation to protect undisclosed information and trade secrets.  
Answer:
 
The Industrial Property Code is being worked  on and it should be a pproved, published and 
implemented as designed on the relating revised pl an of action soon. Assistance was financed by 
USAID. WT/ACC/CPV/20 
Page 54  
 
 - Transparency 
Question 130 We applaud Cape Verde's interest in expanding the scope of its transparency institutions, i.e., to 
make the Official Bulletin available electronically.   
We propose that Cape Verde consider making such electronic availability the basis for a 
regulatory review mechanism that includes publicat ion for prior comment.  This will address 
transparency requirements in the areas of TBT and SPS, and provide Cape Verde with a 
valuable tool for good rule making.   
Answer:
 
The Government of Cape Verde reaffirms its statement made in the answer to Question 7 and 8 of 
WT/ACC/CPV/15 according to which all normative acts, including customs rulings, TBT and SPS 
rules and regulations, judicial rulings and any lega l measure of general app lication will be published 
in the Official Bulletin. It also confirms its inten tion to implement a system of electronic availability 
of the Official Bulletin as soon as it acquires the fi nancing funds.  Due notification to WTO of legal 
acts, when so required, will be made promptly. The access to the site of the Official Bulletins or the 
acquisition of printed Official Bulletins will be payable. 
In the answer to Question 11 of WT/ACC/CPV/15  it is confirmed that the key pieces of draft 
legislation will be forwarded to the WTO Secretar iat, prior to accession, but after initial approval by 
the Council of Ministers if any assistance on such matters can be obtained.  
It seems impracticable to appeal or wait any country to consider ma king such electronic availability of 
its draft legal measures the basis for a regulatory re view mechanism that includes publication for prior 
comment by other countries. 
VII. INSTITUTIONAL BASE FOR TRADE AND ECONOMIC RELATIONS WITH 
THIRD COUNTRIES 
Question 131 Paragraph 170:  We seek more description of th e nature of Cape Verde's participation in the 
ECOWAS FTA, e.g., the level of removal of tariffs, any additional preferences, etc. 
Answer:
 
The revised ECOWAS treaty was conclude at Co tonou, Republic of Benin, on 24 July 1993 and 
published in the Cape Verde's Official Journa l No. 37 of 3 November 1995.  However, The 
Cape Verde had acceded to the initial ECOWAS  treaty of 28 May 1975 on 16 March 1977 and by 
Decision with Force of Law No. 2/81 of 11 February 1981 published in the O.B. No. 6/81, 5th 
Supplement, it was ratified. 
According to Article 35 of the revised ECOWAS treat y in the course of a period of ten years effective 
from 1 January 1990, a Customs Union among the Member Stats should have been established. 
Besides, within this union, Customs duties or ot her charges with equivalent effect on Community 
originating imports should have been eliminated .  Simultaneously, quota, quantitative or the like 
restrictions or prohibitio ns and administrative obstacles to tr ade among the Member States should also 
have been removed.  Furthermore, a common external  tariff in respect of all goods imported into the 
Member States from third countries should have been established and maintained.  WT/ACC/CPV/20 
 Page 55 
 
 
 According to paragraph 2 of Article 36 of the ECOWAS revised treaty, with immediate effect, 
Community-originating unprocessed goods and traditiona l handicraft products should circulate within 
the region free of all import duties and quantitativ e restrictions without compensation for loss of 
revenue resulting from the importation of such products.  
The USAID is financing the second stage of a st udy on a Common External ECOWAS Tariff based 
on a similar West African Economic and Moneta ry Union (WAEMU) tariff under a project named 
ECOTRADE. The first study stage was financed by the European Union. The ECOWAS Authority of 
Heads of Sates and Government took a decision in D ecember 2000 on the application of such a tariff 
after a previous study on its impact on the econo my of WAEMU non-members such as Cape Verde, 
The Gambia, Ghana, Guinea, Liberia, Nigeria, Sierra Leone. An ongoing programme for the 
requested study and implementation of its results is drawn. 
The Roadmap for the ECOWAS Common External Tariff/Customs Union is available through 
document WT/ACC/CPV/20/Add.1 
For the moment, Cape Verde only applies the free movement of persons.  WT/ACC/CPV/20 
Page 56  
 
 ANNEX 
Area and population of the Cape Verde Islands
 
Island Area in sq. Km Population 
Boa Vista  620 4,193 
Brava 67.4 6,820 
Fogo 476 37,409 
Maio 269 6,742 
St. Nicolau 388 13,536 
St Vicente 227 67,844 
Sal 216 14,792 
Santiago 991 236,352 
St. Antão 779 47,124 
St Luzia  0 
 
Price Controls  
HS Code Product Level of Application Type of 
control Observations 
CVE 48/kg wholesale, ex-
warehouse 1st 
CVE 54/kg Retail, at all islands 
CVE 35/kg wholesale, ex-
warehouse 10.06.30   Rice 
 
 
2nd 
CVE 38/kg Retail, at all islands Maximum 
price 
CVE 55/Kg Wholesale, ex-warehouse 17.01.11 
17.01.12 
17.01.91 
17.01.99 Sugar 
(Granular) CVE 61/kg Retail, at all islands Maximum 
price 
Wholesale, ex-warehouse: 
CVE 30/kg  1st 
Retail, at all islands: 
CVE 33/kg  
CVE 28/litre 
Wholesale, ex-warehouse: 
CVE 25/kg  10.05.90 Corn 
2nd 
  Retail, at all islands: 
CVE 28/kg  
CVE 21/litre Maximum 
price In force since 
5 January 1998 and replaced former prices 
enacted on 1 March 1996 
Wholesale – CVE 36,000/Metric tonne 
Price ex-factory in Mindelo and at all ports of other islands. 
Resale, at all islands – CVE 2,035/bags of 
50kg 1101.00 Wheat 
Flour 
CVE 46/Kg – Retail, at all islands Maximum 
price 
1103.11. Wheat 
Bran CVE 15,000/Metric tonne 
Price Wholesale ex-factory. Maximum 
price In force since 
5 October 1998 and replaced former prices 
enacted on 
29 December 1994  WT/ACC/CPV/20 
 Page 57 
 
 
 HS Code Product Level of Application Type of 
control Observations 
CVE 90/Kg Wholesale - Price ex-factory; 
CVE 100/Kg Retail 
There are pieces of bread of: 
Weight Wholesale Retail 19.05.10 Bread and 
bakery 
500g 
250g 
100g CVE 45 
CVE 22 
CVE 9 CVE 50 
CVE 25 
CVE 10 Maximum 
price In force since 
15 October 2001 and 
replaced former prices 
enacted on 5 October 1998 
2710.00 Gas oil Retail at the fuel station – CVE 63/litre 
In bulk, ex-warehouse – CVE 62/litre Fixed 
prices 
2710.00. Gasoline Retail at the fuel station – CVE 110/litre 
In bulk, ex-warehouse – CVE 109/litre Fixed 
prices 
27.11.13 Butane 
Gas Bottle of 3kg = CVE 270 
Bottle of 6kg = CVE 570 
Bottle of 12.5kg = CVE 1,350 Bottle of 55 kg = CVE 5,940 Fixed 
prices In force since 7 June 2004 
and replaced former prices enacted on 6 August 2003 
which reduced prices rose 
on  3 February 2003. 
2710.00. Kerosene In bulk, ex-warehouse – CVE 39/litre 
Retail – CVE 44/litre Fixed 
prices In force since 7 June 2004 
and replaced former prices 
enacted on 3 February 2003 
27.16.00 Electric 
power 
supply See Map Annexed to Council of Ministers 
Resolution No. 43/2002, of 
30 December 2002 Fixed 
prices In force since 
1 January 2003 and 
replaced former prices 
enacted on 1985 
24. 03.10 Tobacco C ontract between the Government and the 
Capeverdean Tobacco Company (SCT). Agreed 
prices However, no legal measure 
has been taken. 
30.04.10-
90 Drugs Article 29 of Decree Law No. 3/1993, of 
15  February 1993 Fixed 
prices However, no legal measure 
has been taken. 
22.01.10 Water Map annexed to resolution No. 43/2002, of 
30 December 2002 Fixed 
prices In force since 
1 January 2003 and 
replaced former prices 
enacted on 1998 
Notes :  
- The wholesale prices include the price of the bags.  
- Rice and corn are classified according to their quality. 
- The prices of potato and onions are lib eralized in as much as they are not included in the legislation in 
effect. 
- The calculated prices listed are based on the effectiv e purchase price in the in ternational market plus 
international freight, insurance, customs duties and other charges (port fees, storage, etc.), the share of 
financial and investment co sts and the margin according to the mark et practice. The internal structural 
costs (domestic transport costs and di stribution costs) are considered.  
- Importers of Corn, Rice, Sugar and Wheat flour whic h are subject to maximum prices are obliged to 
distribute 30 per cent of their importation in other islands than Santiago and S. Vincent. Notwithstanding the provisions of Decree Law No. 52/2003 of 24 November 2003, of Decree Law 
No. 3/1993 of 15 February 1993 and of Ministerial Ordinance No. 2/2004 of 19 January 2004 the 
prices of drugs and tobacco have been from than on fixed by their producers and importers. 
- The Government of Cape Verde after consultation with the Chambers of Commerce Upper Council 
(Conselho Superior das Câmaras de Comércio) estab lishes the prices on the basis of their agreed 
margins. 
- The prices listed above are generally  changed when international price changes have a negative impact 
on the companies' margin. 
 
__________