Chad WT/TPR/S/174 
 Page 25 
 
 
III. ANALYSIS OF TRADE POLICIES AND PRACTICES BY MEASURE 
(1) INTRODUCTION  
1. Chad's trade policies and practices are largely de termined by its membership of the Central 
African Economic and Monetary Community (CAE MC), although not all Community provisions 
have so far been transposed into the national le gislation.  The customs tariff, based on the CAEMC 
Common External Tariff (CET), is the main instrument of trade policy and one of the country's chief 
sources of revenue.  Only 15.4 per cent of tariff lines have been bou nd at the ceiling rate of 80 or 
75 per cent. 
2. The applied rates of the Chad tariff are on average 18.4 per cent, rising to 30 per cent on most 
consumer products.  The rates are higher for agricu ltural products (23.2 per cent on average) than for 
manufactured products (18.1 per cent) and for the extractive industries (11.4 per cent).  Moreover, 
imports are subject to a whole range of other duti es and taxes, despite their being bound at zero by 
Chad. 
3. In general, customs procedures lack transpar ency, and the transit procedures for goods bound 
for Chad are lengthy and expensive, which adds to import costs and encourages informal trade.  Chad 
maintains minimum values for a wide variety of im ports.  Few technical regulations or sanitary or 
phytosanitary measures are applied at importati on, and the legislation makes no provision for 
emergency measures. 
4. The CAEMC free trade area is slow in taking shape:  the barriers still in place are not 
conducive to intra-regional trade.  Moreover, the range of exit duties and taxes applied by Chad is 
making the country's products less co mpetitive and discouraging exports.   
5. Since 1992, important reforms have been successfully introduced to privatize, restructure or 
wind up State-owned enterprises and cut back the role of the State in production and trade.  However, 
several services activities, in areas such as energy and communications, are still the subject of 
monopolies with regulated prices.  A new law on govern ment procurement came into force in 2003.  
The revision of the Bangui Agreement heralded the modernization of Chad's intellectual property 
legislation.  The implementation of the provisions of the revised Agreement remains a challenge for 
the country. 
(2) MEASURES DIRECTLY AFFECTING IMPORTS  
(i) Trader registration  
6. Enterprises that engage in trade must be registered under a 1984 ordinance the provisions of 
which have not been harmonized with tho se of the Uniform Act of the OHADA Treaty 
(Chapter II(3)).  This ordinance classifies traders in  five categories:  namely, category A (suppliers);  
category B (wholesale importers/exporters);  category C (wholesalers);  category D (semi-
wholesalers);  and category E (retailers).1 
7. The ordinance also stipulates that any natural or legal person, whether Chadian or foreign, 
wishing to engage in a commercial activity, must  satisfy the following requirements:  obtain an 
administrative authorization (renewable every five years), issued by the Ministry of Commerce and 
                                                      
1 Ordinance No. 006/PR/84 of 12 April 1984 on the status of traders.  The Uniform Act of the OHADA 
Treaty relating to the status of trader  defines traders as follows:  "Traders are persons whose regular occupation 
is to carry out commercial trans actions".  Uniform Act relating to General Commercial Law (consulted at: 
http://www.jurisint.org/ohada/pres/pres.02 .fr.html#NB-NI] [21 September 2006]). WT/TPR/S/174 Trade Policy Review 
Page 26 
 
 
Handicrafts, for a fee that varies from CFAF 20,00 0 for retailers to CFAF 250,000 for the import-
export trade;  deposit and register the articles of association with the Service de l'enregistrement, des 
domaines et du timbre  (Registration, Public Property and Stam ps Service);  make a payment of 3 per 
cent of the declared capital, plus CFAF 1,000 per page of articles;  open a bank account;  enrol in the 
Commercial and Mortgage Register;  publish a legal notice;  inform the Directorate-General of Taxes 
and Registrations;  enrol in the employers' regi ster at the National Office for the Promotion of 
Employment and with the National Social Security Fund (employees and employers);  and obtain an 
alien's card. 
8. Once these requirements have been met, the foreign trader must, within a period of 
one month, prepare a dossier with a view to obtaining  a card of the kind issued to aliens engaged in a 
trade, industry or craft.2  Foreign trader cards are issued automatically to nationals of countries with 
which Chad has signed "establishment agreements", in cluding France. In the case of other foreigners, 
issuance is subject to a preliminary character re port.  The dossier is submitted to an ad hoc 
commission.  A foreign trader card costs CFAF 114,000 and must be renewed every year at a cost of CFAF 85,000.  According to the authorities, ther e is no commercial activity reserved exclusively for 
nationals. 
(ii) Customs procedures 
9. Since 2003, imports from non-CAEMC count ries with an f.o.b. value exceeding 
CFAF 2 million (€3,048), with the exception of exempt goods
3, must undergo preshipment inspection 
for quality/quantity control and cust oms value determination purposes.  The inspection is carried out 
by Bureau Veritas BIVAC BV (BIVAC), whose char ges, payable by the importer, amount to 0.90 per 
cent of the f.o.b. value of the goods.4  The importer must go to BIVAC with his invoice to pay the 
charges and make a preliminary import application.   Preshipment inspection involves both a physical 
examination and a price comparison.  BIVAC will then issue a verification certificate.5 
10. The customs legislation in force in Chad is th e CAEMC Customs Code.  This is administered 
by the Directorate-General of Customs, which is part of the Ministry of Finance.  It also governs transit within the Community.  These provisions ar e of special importance for Chad because of its 
land-locked situation.  In order for goods bound for Chad to transit through other CAEMC countries, 
a transit bond-note must be made out and security eq uivalent to the amount of duties and taxes must 
be lodged at the port of unloading.  A claim for re payment of the security can be made once evidence 
of the goods having actually left the transit territory  has been provided.  In practice, repayment may 
take much longer than that.  The slowness of por t operations and customs procedures and the double 
clearance of the goods within the Community to whic h this may lead result in increased import costs. 
11. The CAEMC members are currently considering the possibility of establishing a single entry 
system under which products in transit within th e Community and bound for another CAEMC market 
                                                     
 
2 Law No. 20/67 introducing a card for aliens engage d in trade, industry or crafts, as amended.  
3 The following are exempt:  gold and precious stones;  works of art;  arms and ammunition;  live 
animals;  fresh eggs;  fruit and vegetables;  recovered metals;  crude oil and refined products;  commercial 
samples;  non-commercial postal packages;  explosives and pyrotechnic devices;  imports by administrations for 
their own account;  perishable consumer goods, not chilled or frozen;  gifts from foreign governments or international organizations for foundations, charitable bodies and recognized humanitarian organizations;  
disaster aid from foreign governments, foreign organizations or private individuals;  personal gifts sent by 
foreign residents to their relatives in Chad, for their personal use;  and supplies and gifts imported by diplomatic and consular missions and international organizations for their own requirements.  
4 Decree No. 521/PR/MEF/2003 of 18 December 2003 establishing a mandatory verification 
programme for goods imported into the Republic of Chad. 
5 BIVAC, information online.  Av ailable at:  http://www.bivac.com. Chad WT/TPR/S/174 
 Page 27 
 
 
would be subject to customs duty only at the first point of entry into CAEMC territory.  The main 
obstacles include the difficulty in determining how to share out the customs revenue among the 
member countries.  
12. For all imports a "detailed declaration" must be  lodged, together with the manifest, invoices 
and other transport documents.  Certificates may be required for products such as food, medicines, 
and other controlled products (Sec tion (v) below).  The declaration must include all the information 
needed to establish the customs va lue, such as the classification of the goods, their origin, and the 
customs procedure requested.  The principal cust oms procedures in Chad are release into free 
circulation, the suspensive regime and the exemption regime. 
13. The formalities are generally completed by custom s brokers (forwarders), but the use of their 
services is not mandatory.  The profession of custom s broker is harmonized and regulated at CAEMC 
member country level.  The status of approved cu stoms broker is granted to applicant enterprises by 
decision of the CAEMC Council of Ministers, at th e proposal of the Executive Secretary of CAEMC, 
following consultation of an Inter-State Committee.6 
14. Declarations are lodged with the customs office for registration.  At present, only four 
customs offices in N'Djamena are computerized, enabling declarations to be lodged electronically.  
The customs authorities have at their disposal th e ++ version of the ASYCUDA (Automated Customs 
System) programme installed by UNCTAD in 2001.7  Currently, however, only a few of its functions 
are actually being used by Customs.  For lack of cabling, Customs is not in a position to circulate the data among its different services.
8  All the goods declared are inspected.  In this connection, the IMF 
has recommended a reform of the inspection process to  enable goods to be selected with a view to 
reducing the number of physical examinations, so fa r lengthy and expensive, by at least 50 per cent.9 
The authorities are currently considerin g the advisability of introducing a system of selective controls.    
15. Chad is experiencing difficulties in applyi ng the provisions of the Agreement on 
Implementation of Article VII of the GATT 1994 (the "Customs Valuation Agreement").10  It still 
retains minimum values (on a wide range of produc ts), without having entered any reservation under 
paragraph 2 of Annex III to the Customs Valuation Agreement.  According to the authorities, all 
products are affected by minimum import prices when imported from Nigeria, the United Arab 
Emirates or Saudi Arabia, including hardware pr oducts, cleaning products, textiles and clothing, 
furniture, tyres, vehicles and spar e parts for cars, and machinery. 
16. In the event of decisions of the Customs services being challenged, the CAEMC Customs 
Code provides for an appeal to the Director-General  of Customs.  If the latter's decision itself is 
challenged, the case can be referred to an equi-repr esentational board for arbitration, although no such 
board exists in practice.  If the declarant is not satisfied, he can,  in theory, bring the dispute before the 
CAEMC Council of Ministers.  In practice, there does not appear to be any functional appeals body for settling customs disputes. 
                                                     
 
6 See, for example, Decision No. 72/00/UEAC-010-A-CM-05 approving the Agence de transit ABBAS  
(A.B.S.) at N'Djamena (Repub lic of Chad) as a customs clearing agent. Consulted at:  
http://droit.francophonie.org/doc/html/znac/jug/jdcm/fr/2000/2000dfznacjdcmfr8.html [11 July 2006]. 
7 Details of the ASYCUDA programme are available at:  http://www.asycuda.org/french/aboutas.asp. 
8 World Bank (2004). 
9 IMF (2003). 
10 Chad had opted for the deferred application of the Agreement (WTO document WT/Let/237, of 
27 August 1998).  Act No. 2/98-UDEAC takes up the relevant provisions of the Agreement. WT/TPR/S/174 Trade Policy Review 
Page 28 
 
 
17. In general, Chad is facing considerable challe nges in the area of customs.  According to the 
IMF, Chad's customs offices are operating "autonomously on the informal trade model".11  T h e  
inadequate training and low level of remuneration of customs officers is a major problem.  In 2004, 
more than 1,300 customs officers spread over 50 customs posts were checking about 
40,000 declarations a year, that is to say, just over half a declaration per customs officer per week.12  
As a result, goods are taking a long time to be cleared. 
18. In 2003, the customs administration participated in the preparation of an action plan intended 
to reform customs procedures, and in particular:  to speed up clearance operations;  to improve every 
aspect of enforcement;  and to reorganize human resources.13  However, since then little has changed.  
An effective reform of the customs administration is needed to facilitate trade while moderating the 
possible effects of liberalization on government re venues.  This reform should simplify customs 
procedures in order to reduce delays and costs. 
(iii) Taxes collected by Customs 
19. Chad lacks an up-to-date published version of its tariff.  Every year, the finance laws add or 
eliminate relevant provisions, but these are not incor porated in the published tariff, the latest version 
of which dates from 2001. 
20. Goods imported for release into free circulati on are subject to the following entry duties and 
taxes:  import duty (DDI);  statistical tax (RS);  Community integration tax (TCI);  Community 
preference tax (TCP);  Community integration cont ribution (CCI);  the tax on behalf of the Rural 
Intervention Fund (FIR);  and preshipment inspecti on charges (Section (i) above).  The tax base is 
always the c.i.f. import value.  Excise duty is levied  by Customs on the basis of the c.i.f. value plus 
entry duties and taxes.  In addition to the entry du ties and taxes, the tax base for VAT on imports also 
includes excise duty.  Internal taxes are levied on th e "ex-works" value of local products.  Altogether, 
the levies on imports of some products (vehicles, for example) can add up to more than 60 per cent.14 
21. The duties and taxes levied on imports represen t about 1.3 per cent of GDP, 30 per cent of tax 
revenues (Table III.1), and about 7 per cent of the value of imports.  Their vast number and 
cumulative impact are such as to encourage tax evasion. 
Table III.1 
Duties and taxes, 1995-2005 
(CFAF million) 
 1995 2000 2001 2002 2003 2004 2005 
GDP (at current prices) .. 986,000  1,253,000  1,385,000  1,582,422 2,332,367 3,104,242 
Total revenue and grants .. .. .. .. 256,629 344,644 387,393 
Total revenue .. .. .. .. 129,606 217,527 277,162 
Non-petroleum revenue .. .. .. .. 122,506 147,698 159,689 
Tax receipts .. .. .. .. 111,178 119,315 133,359 
Income and property taxes .. .. .. .. 56,197 56,830 62,545 
Internal taxes on goods and services .. .. .. .. 21,290 25,939 26,882 
Taxes on international trade .. .. .. .. 33,225 35,039 42,803 
Imports 11,576 25,797 27,960 35,722 32,429 35,061 42,000 
Customs duties 5,601 8,550 10,151 12,850 13,118 14,091 17,982 
Temporary supplementary tax .. 111 109 79 0 0 0 
Temporary surtax .. 14 10 0 0 0 0 
Table III.1 (cont'd)  
                                                      
11 IMF (2004). 
12 World Bank (2004). 
13 IMF (2003). 
14 Estimates made by Cabinet Tétra Stratégie presented in Mamout (2006). Chad WT/TPR/S/174 
 Page 29 
 
 
 1995 2000 2001 2002 2003 2004 2005 
Statistical tax (imports) 852 2,439 2,142 2,803 2,930 2,524 3,327 
Excise duties 292 764 816 831 1,006 1,146 1,249 
VAT 4,269 10,209 13,147 16,747 16,451 18,415 24,097 
TCA .. 531 509 0 0 0 0 
Advance payments on tax .. 3,126 1,734 1,862 .. .. .. 
Community preference tax .. 54 43 70 .. .. .. 
Community integration tax .. .. .. 480 737 819 1,098 
Exports .. 1,501 1,308 2,285 .. .. .. 
Export duties .. 1,501 1,308 1,437 .. .. .. 
Statistical tax on exports .. .. .. 848 .. .. .. 
Other .. 315 473 398 .. .. .. 
Research tax .. 3 10 5 .. .. .. 
Inspection and packaging tax .. 2 9 2 .. .. .. 
Fund transfer commission .. 190 234 66 .. .. .. 
Other duties and taxes .. 38 137 85 .. .. .. 
Penalties .. 37 33 151 .. .. .. 
Refundable jobs .. 8 3 4 .. .. .. 
Warehouse charges .. 23 17 8 .. .. .. 
Rural intervention fund .. 15 31 31 .. .. .. 
Chad national pension fund .. .. .. 46 .. .. .. 
Other tax receipts .. .. .. .. 466 1,507 1,129 
Non-tax receipts .. .. .. .. 11,328 28,383 26,330 
Petroleum revenue .. .. .. .. 7,100 69,829 117,473 
Royalties .. .. .. .. 7,100 69,829 104,122 
Taxes .. .. .. .. 0 0 13,351 
Total grants .. .. .. .. 127,023 127,117 110,231 
Memorandum item:        
Merchandise imports 138.0 170.4 377.8 1,033.4 452.8 453.9 449.4 
.. Not available. 
Source : Ministry of Finance, Studies and Forecasts Directorate, Table of State Financial Operations;  and Directorate-
General of Customs. 
22. Advance corporation tax (IS) or personal income  tax (IRPP) is also collected at the customs 
cordon, at the rate of 4 per cent of the customs value of the imports.  Enterprises which pay corporation tax or industrial and commercial profits tax can obtain, for each release and subject to a review of their tax situation, a certificate exempting them from this deduction issued by the 
Directorate-General of Taxes.
15 
(a) Most-favoured-nation (MFN) tariff   
23. Since the tax and customs reform of 1993, Ch ad has, in principle, been applying the 
CEMAC/CACEU acts relating to the Common External Tariff (CET).  The CET is entirely ad valorem  and consists of five rates:  a zero rate on certain cultural products and aviation-related 
products
16;  5 per cent, applicable to essentials;  10 pe r cent, applicable to raw materials and capital 
goods;  20 per cent, applicable to intermed iate goods;  and 30 per cent on wage goods. 
24. The version of the CET applied by Chad (impor t duty (DDI)) has 5,688 HS 2002 8-digit lines.  
As in the CET, all the rates are ad valorem  (zero, 5, 10, 20 and 30 per cen t).  However, with respect to 
23 tariff headings the DDI is higher or lower than the CET (Table III.2).  
                                                      
15 Ministry of Finance, Directorate-General of Taxes (2006). 
16 The products belong to the following tariff headings:  HS 4011, 4801, 4901, 4902, 4903, 4904,  
8407, 8409, and 8801-05.  See Act No. 28/94-UDEAC -556-CD-56 (consulted at:  http://www.izf.net/izf/ 
Documentation/JournalOfficie l/AfriqueCentrale/acte28_94). WT/TPR/S/174 Trade Policy Review 
Page 30 
 
 
Table III.2 
DDI and CET, 2006 
(Percentage) 
HS Code  Description  DDI CET  
17 lines for which the DDI is higher than the CAEMC CET  
22042919 Wines other than those of subheading 220421, in containers holding more than 20 litres 30 20 
48025700 Paper and paperboard, not containing fibres obtained by a mechanical or chemico-mechanical process, 
weighing 40 g/m² or more but not more than 150 g 10 5 
48025800 Paper and paperboard, not containing fibres obtained by a mechanical or chemico-mechanical process, 
weighing more than 150 g/m²  10 5 
48026900 Other paper and paperboard, of which more than 10 per cent by weight of the total fibre content consists of 
fibres obtained by a mechanical or chemico-mechanical process 10 5 
59113100 Textile fabrics and felts, endless, weighing less than 650 g/m2 10 5 
59113200 Textile fabrics and felts, endless, weighing 650 g/m2 or more 10 5 
60052100 Knitted or cr ocheted fabric s, of cotton, bleached or un bleached, other than of h eadings 6001 to 6004 20 10 
60053100 Knitted or  crocheted fabric s, of synthetic fibres , bleached or unbl eached, other than of h eadings 6001 to 6004 20 10 
60054100 Knitted or cr ocheted fabric s, of artificial fibres , bleached or unbl eached, other than of headings  6001 to 6004 20 10 
74082900 Wire of other copper alloys 10 5 
83071000 Flexible tubing, of iron or steel and fittings 20 10 
83079000 Flexible tubing, of other base metal 20 10 
84512100 Drying machines, of a capacity not exceeding 10 kg 20 10 
84631000 Draw-benches for bars, tubes, profiles, wire or the like 20 10 
87042200 Utility vehicles, diesel, g.v.w. exceeding 5 tonnes but not exceeding 20 tonnes 20 10 
87043200 Utility  vehicles, petrol, g.v. w. exceeding 5 tonnes 20 10 
94021020 Chairs for hair-dressing salons and similar chairs and their parts 30 10 
6 lines for which the  DDI is lower than the CAEMC CET  
10089010 Other seed cereals 5 30 
11010010 Wheat flour 5 30 
29372300 Oestrogens and progesterones 5 10 
35052010 Glues based on starches, for industrial uses 5 10 
48025400 Other paper and paperboard 5 10 
85069000 Parts of primary cells and primary batteries 10 20 
Source : Information supplied by the Chadian authorities;  and IZF information online.  Consulted at: 
http://www.izf.net/izf/TEC.  
25. The simple average DDI is 18.4 per cent (Table III.3).  The coefficient of variation of 0.52 
indicates a moderate dispersion of the rates of DD I.  Agricultural products (WTO definition) are 
subject to heavier taxation (simple average 22.8 per cent) than non-agricultural products (simple 
average 17.6 per cent).  Under the ISIC (Rev. 2) de finition, agriculture remains the most protected 
sector (with an average tariff of 23.2 per cent), fo llowed by manufacturing (18.1 per cent) and mining 
(11.4 per cent).  The highest rates of DDI are applie d to products such as refined cane or beet sugar, 
live animals, dairy products, coffee, tea, cocoa, fruit and vegetables, bevera ges and spirits, fish and 
fishery products (Table III.4). 
Table III.3 
Structure of MFN duties, 2006  
    DDI Uruguay Round 
1 Tariff lines bound (as a percentage of all tariff lines) 15.4 15.4 
2 Tariff lines eligible for duty-free entry (a s a percentage of all tariff lines) 0.6 0.0 
3 Duties other than ad valorem (as a percentage of all tariff lines) 0.0 0.0 
4 Tariff quotas (as a percentage of all tariff lines) 0.0 0.0 
5 Simple average rate 18.4 79.9 
    Agricultural products (WTO definition)a 22.8 80.0 
    Non-agricultural products (WTO definition)b 17.6 75.7 
    Agriculture, hunting and forestry (ISIC 1) 23.2 80.0 
    Mining and quarrying (ISIC 2) 11.4 n.a. 
    Manufacturing industries (ISIC 3) 18.1 79.8 
Table III.3 (cont'd)  Chad WT/TPR/S/174 
 Page 31 
 
 
    DDI Uruguay Round 
6 National tariff peaks (as a percentage of all tariff lines)c 0.0 0.0 
7 International tariff peaks (as a percentage of all tariff lines)d 49.6 100.0 
8 Global standard deviation of rates applied 9.6 0.7 
9 Nuisance duties (as a percentage of all tariff lines)e 0.0 0.0 
n.a. Not applicable. 
a WTO Agreement on Agriculture. 
b Excludes petroleum. 
c National tariff peaks are duties that are higher than three times the simple aver age of the rates applied (indicator 6). 
d International tariff peaks are du ties that exceed 15 per cent.   
e Nuisance duties are rates that are not zer o but less than or equal to 2 per cent. 
Source :  WTO Secretariat calculati ons based on data provided by the Chadian authorities. 
Table III.4 
Summary analysis of MFN tariff, 2006  
Simple average rate (per 
cent) Range 
(per cent) CVa 
Product description Number 
of  
linesa DDIb DTIc DDI DTI DDI DTI Imports 2005 
(US$ million)
Total 5,689 18.4 21.6 0-30 3-37.4 0.5 0.5 301.9 
By WTO categoryd         
Agriculture 854 22.8 26.7 5-30 8-37.4 0.4 0.4 30.3 
Animals and products of animal origin 103 21.9 27.1 5-30 10.4-35.4 0.3 0.2 1.6 
Dairy products 28 26.4 32.7 10-30 13.4-37.4 0.2 0.2 0.5 
Coffee and tea, cocoa, sugar, etc. 202 26.0 29.9 5-30 8-35 0.3 0.3 16.0 
Cut flowers, plants 40 10.0 13.2 5-30 8-33 0.5 0.4 0.3 
Fruit and vegetables 173 29.7 34.1 5-30 10-35 0.1 0.1 2.5 
Cereals 27 14.3 17.3 5-30 8-33 0.7 0.6 3.0 
Oilseeds, oils and fats 73 20.8 23.8 5-30 8-33.4 0.5 0.4 2.6 
Beverages and spirits 60 29.3 32.3 5-30 8-33 0.1 0.1 3.4 
Tobacco 11 20.9 23.9 10-30 13-33 0.5 0.4 0.2 
Other agricultural products 137 12.9 16.4 5-30 8-35.4 0.6 0.5 0.2 
Non-agricultural products (excluding 
petroleum) 4,814 17.6 20.7 0-30 3-35.4 0.5 0.5 254.1 
Fish and fishery products 134 23.6 28.7 5-30 8-35.4 0.2 0.2 0.2 
Mineral products, precious stones and 
precious metals 345 18.8 21.8 5-30 8-33 0.6 0.5 18.2 
Metals 624 16,1 19.1 10-30 8-33 0.5 0.4 24.8 
Chemicals and photographic goods 898 11.6 14.6 5-30 8-33 0.5 0.4 33.0 
Leather, rubber, footwear and travel goods 169 20.8 24.3 0-30 3-34.4 0.5 0.4 1.9 
Wood, wood pulp, paper and furniture 352 21.8 24.8 0-30 3-33 0.5 0.4 4.7 
Textiles and clothing 868 22.6 25.6 0-30 3-33.4 0.4 0.3 5.2 
Transport equipment 164 15.2 18.2 0-30 3-33 0.6 0.5 14.7 
Non-electrical machinery 552 12.3 15.3 0-30 3-33 0.5 0.4 90.1 
Electrical machinery 255 16.6 19.6 10-30 13-33 0.5 0.4 47.4 
Non-agricultural products n.e.s. 453 22.8 25.8 0-30 3-33.4 0.4 0.4 13.8 
By ISIC sectore         
Agriculture, hunting, forestry and fishing 433 23.2 27.4 5-30 8-35.4 0.4 0.4 3.9 
Quarrying and mining 109 11.4 14.4 5-30 8-33 0.4 0.4 0.4 
Manufacturing industries 5,146 18.1 21.2 0-30 3-37.4 0.4 0.5 294.6 
By stage of processing         
Raw materials 777 19.5 23.4 5-30 8-35.4 0.5 0.5 8.1 
Semifinished products 1,842 14.7 17.8 0-30 3-35 0.5 0.4 47.0 
Finished products 3,070 20.2 23.3 0-30 3-37.4 0.5 0.4 243.9 
a Coefficient of variation. 
b Import duty. 
c DTI:  All rates of duties and taxes levied  at the border (excluding internal taxes). 
d There are 21 tariff lines relating to petroleum products that have not been taken into account.  
e International Standard Industrial Classi fication of All Economic Activities (Rev.2), electricity, gas a nd water excluded (one  tariff 
line). 
Note: The figure for total imports is higher than the sum of the items listed since some products, representing a value of 
US$2.9 million, are not classified in the Harmonized Sy stem and therefore cannot be classified in ISIC. 
Source : WTO Secretariat estimates based on data provided by the Chadian authorities. WT/TPR/S/174 Trade Policy Review 
Page 32 
 
 
26. In general, the DDI is characterized by mixed escalation.  The escalation is negative from raw 
materials (with a simple average DDI of 19.5 per cent) to semi-processed products (with an average 
DDI of 14.7 per cent), becoming positive for finish ed products (with a simple average DDI of 
20.3 per cent). 
27. On the basis of the 2-digit ISIC classification,  the negative escalation from raw materials to 
intermediate products is appreciable in the fo od and mineral product industries (Chart III.1).  
Likewise, the tariff escalation is negative from in termediate goods to finished goods in the wood 
product industry.  The escalation of the DDI is pos itive from raw materials to intermediate goods in 
the textiles and wearing apparel industry, the w ood and wood products industry and in the basic 
metallurgical industry.  The escalation of the DDI is  positive from the intermediate to the finished 
goods stage in the textile and wearing apparel and pa per industries, but also in the metal product and 
other manufactured product industries. 
0510152025303540Chart III.1
Escalation of Applied MFN Tariff Rates, 2006
Per cent
Not applicabl eUnprocessed 
productsSemi-processed productsFinished productsAgricultur e
Mining and quarryin g
Food products ,
beverages and tobacc o
Textiles an d
wearing appare l
Wood and woo d
product s
Paper and pape r
products;  publishin g
and printin g
Chemica l
product s
Non-metallic minera l
product s
Basic
metallurgica l
industr y
Metal products ,
machinery an d
equipmen t
Other
manufacturin g
industrie sNot applicabl eAll product s
 
(b) Other duties and charges levied exclusively at importation  
28. Apart from the DDI, the following duties and ta xes are levied exclusively at importation:17 
 - The Community integration tax (TCI) of 1 per cent of the c.i.f. value of imports from 
non-CAEMC countries (Chapter II(5)(ii))18; 
 - the Community preference tax (TPC), of 0.4 per cent of the c.i.f. value of imports 
originating in non-CAEMC countries, levied on fish, meat, dairy products and other 
                                                      
17 The other duties and taxes have not been notified to the WTO. 
18 Additional Act No. 03/00-CAEMC 046-CM-05 establishing an autonomous Community financing 
mechanism, 14 December 2000. Note: Product groups defined by the 2-digit ISCI 
 
Source : WTO Secretariat calculations  based on data provided by the Chadian authorities. Chad WT/TPR/S/174 
 Page 33 
 
 
products of animal origin, or a total of 373 tariff lines (about 7 per cent of all tariff 
lines); 
 - the Community integration contribution (CCI) on imports originating in non-ECCAS 
countries19, not yet levied by Chad; 
 - the statistical tax (RS) of 2 per cent of  the c.i.f. customs value, on all imports 
(including those from the CAEMC); 
 - the temporary supplementary tax (TTA),  introduced in April 1999 on sugar imports, 
at the rate of 20 per cent of the c.i.f. import value20;  according to the authorities, it 
has been suspended since 2004 (Section (v) below);  and 
 - an import tax (FIR), levied to finance the "R ural Intervention Fund", at rates of 1, 2, 3 
or 4 per cent, depending on the products concerned, mainly meat, fish, fruit and vegetables, dairy products, certain spices, a nd raw hides and skins, i.e. slightly less 
than 9 per cent of all tariff lines. 
(c) Bindings 
29. Like other Members of the WTO, during the Uruguay Round Chad bound all its tariff lines 
relating to agricultural products in its Schedule of  Concessions CV annexed to the GATT 1994.  The 
bindings were made at the ceiling rate of 80 per cent.   Only the tariffs for two HS headings covering 
non-agricultural products (passenger motor vehicles, h eadings 8702 and 8703) we re bound at a rate of 
75 per cent.  Altogether, only 15.4 per cent of Ch ad's tariff lines are bound at the average rate of 
79.9 per cent. Chad has bound "other duties and charg es" at zero, even though it collects quite a few 
of them on its imports (Section (b) above). 
(d) Tax exemptions and concessions  
30. The CAEMC Customs Code provides for several suspensive customs procedures: transit, 
temporary admission, and customs warehousing.  Th e collection of duties may also be suspended 
under the inward and outward processing, drawback , and pre-importation processing procedures.  In 
practice, Chad mainly applies the warehousing a nd temporary admission procedures.  Goods placed 
under a suspensive customs procedure must be c overed by a bond-note.  The amount of the note 
varies, depending on an assessment of the enterprise's  turnover by the customs services.  Chad also 
grants exemptions from customs duties to en terprises approved under the Investment Code 
(Chapter II(6)),  the Mining Code (Chapter IV(3)( ii)), and the Petroleum Code (Chapter IV(3)(i)).
21 
31. Since 2004, externally financed public projects have, in principle, no longer benefited from 
exemption from customs duties.  However, the Stat e does grant exemptions from duties and taxes, on 
a case-by-case basis, mainly in connection with  major projects.  These exemptions, which are 
authorized by ministerial order, list the suppli es and equipment that can be imported duty-free.  
Products admitted duty-free are also exempt from VAT and, where appropriate, excise duty.  The loss of revenue attributable to exemptions amounted to  CFAF 57 billion in 2004 (Table III.5).  During the 
period 2000-2005, approximately half the total amount of exemptions related to the petroleum sector. 
                                                     
 
19 Decision No. 05/CEEAC/CCEG/X/0 2 of the Conference of Heads of State and Government of 
ECCAS. 
20 Products of tariff lines HS 1701 91 00 and 1701 99 10. 
21 Annex 4 to Directive No. 1/99-CAEMC-028-CM-03 contains the list of equipment and products 
admissible free of duties and taxes by application of Article 40 (exploration for minerals and exploration for oil).  Consulted at: http://www.izf.net/izf/Documenta tion/JournalOfficiel/AfriqueCentrale/DIR1_99_annex4.htm. WT/TPR/S/174 Trade Policy Review 
Page 34 
 
 
Table III.5 
Summary of duty-free certi ficates granted in  2004 
(CFAF) 
Beneficiaries Value Amount of exemptions 
International, regional and sub-region al organizations 5,835,812,200 1,842,829,581 
Diplomatic missions 16,278 750 900 7,827,804,768 
Non-governmental organizati ons 6,788,375,300 2,190,946,114 
Government procurement 4,812,158,000  1,637,381,699 
"Éléments français du Chad " 14,431,171,200 4,434,566,515 
Doba oil project 96,029,005,200 31,639,931,901 
Oil exploration 6,241,117,900 2,224,137,930 
Chad national army 91,190,000 51,431,160 
Other projects 11,538,002,800 4,143,252,607 
State 2,091,591,700 824,048,917 
Other 2,562,176,600 829,880,690 
Total 166,699,351,800 57,646,211,882 
Source: Ministry of Finance.  
32. Importation free of duties and taxes is also au thorized on certain non-commercial grounds, in 
particular, for goods being returned to the customs territory;  gifts offered to heads of State or 
government or to States;  articles for the use of di plomatic missions, consular offices or international 
organizations or their staff;  personal effects a nd movables imported in connection with a change of 
residence or inheritance by a foreigner authorized to settle in one of the CAEMC member countries, 
consignments for the Red Cross and national charities;   items of no commercial value;  imports of a 
social or religious nature;  and educational, scien tific or cultural imports (in particular, newsprint, 
newspapers and books). 
(e) Tariff preferences 
33. Under the generalized preferential tariff (TPG),  a preferential duty of 0 per cent should be 
applied to products originating in other CAEMC me mber countries, subject to compliance with the 
rules of origin (Section (iv) below).  For ma nufactured goods, the producing enterprises must be 
approved, and their intra-Community exports must be covered by a "CAEMC movement 
certificate".22  In practice, it would appear that few orig inating products are allowed to benefit from 
the TPG, even when accompanied by a certificate.  According to the authorities, some certificates are 
issued to products that have clearly not originated  in the CAEMC.  Conversely, within the CAEMC, 
some customs authorities refuse to accept valid certif icates.  Moreover, if a product is released into 
free circulation in one CAEMC country and is th en exported to another CAEMC country, it is no 
longer eligible for duty-free entry under the TPG. 
(f) Internal duties and taxes 
Excise duty 
34. In accordance with the CAEMC provisions, memb er countries levy excise duties on a list of 
goods such as tobacco products, beverages, perfumes and cosmetics, articles of jewellery, video 
recorders, cameras and televisions, 4x4 vehicles, a nd arms and ammunition, of any origin (including 
the CAEMC).23  Each member State is free to set the ra te of excise duty within a band ranging from 
                                                      
22 Order No. C1/MCIA/DG/2001 on the regulations for the CACEU movement certificate and the 
certificate of origin in the Republic of Chad. 
23 Annex 2 to Directive No. 1/99-CAEMC-028-CM-03 lists the products liable to excise duty. 
Consulted at:  http://www.izf.net/izf/Documentation/ JournalOfficiel/AfriqueCentrale/DIR1_99_annex2.htm. Chad WT/TPR/S/174 
 Page 35 
 
 
0 to a maximum of 25 per cent, recently reduced fro m 30 per cent.  The excise duties levied in Chad 
are reproduced in Table AIII.1.  In 2005, the excise  duties levied exclusively on imports amounted to 
CFAF 1.25 billion, or 2.8 per cent of imports (Table III.1).  In principle, local products are also subject to excise duty. 
35. The 2006 Finance Law introduced an "anti-retro viral" (ARV) tax of 1 per cent on sales of 
tobacco, aerated beverages, wine, brandy and lique urs, and of 0.5 per cent on prepaid phone cards.  
The tax base is the selling price, excluding tax,  for CAEMC products and the customs value for 
imports (face value for phone cards).  According to the authorities, this tax is not yet being collected. 
Value Added Tax (VAT) 
36. A 1999 directive organizes the levying of VAT by CAEMC member countries on imported 
products and services of any origin (including from CAEMC member countries) and on local goods 
and services.  The rate of VAT is fixed by each member State at between 15 and 18 per cent (general rate);  a zero rate is applied to exports and intern ational transport operations.  The directive contains a 
list of products that may be exempted from VAT.
24 
37. Chad applies VAT at the general rate of 18 per cent.  It admits certain products free of VAT 
in accordance with the CAEMC list.25  The following are also exempt from VAT:  sales made directly 
to consumers by farmers or fishermen;  transact ions connected with insurance or reinsurance 
contracts;  transfers of immovable and intangibl e movable property liable for registration duty;  
transactions involving postage stamps, excise stamps and stamped paper issued by the State and local 
authorities;  imports and sales of newspapers and periodicals;  social , health, educational, sports or 
cultural services;  medical care;  sales made by pa inters, sculptors, engravers, or basket-makers;  
equipment for oil or mineral exploration;  inputs for livestock-breeding and fishery products used by 
the producers;  residential leases;  fishing gear and agricultural machinery and equipment;  and goods 
and services necessary for producing and exporting cotton fibre.26  The annual income from VAT on 
imports amounts to about CFAF 24 billion (Table III.1). 
(iv) Rules of origin 
38. Chad does not have any national rules of origin for non-preferential purposes.27  However, as 
a member of the CAEMC customs union, in principl e it also uses the Community  rules of origin for 
                                                      
24 The list of products eligible for exemption from VAT is contained in Annex 3 to Directive 
No. 1/99-CAEMC-028-CM-03.  Consulted at: http://www .izf.net/izf/Documentation/JournalOfficiel/Afrique 
Centrale/DIR1_99_annex3.htm.  
25 The products concerned are:  meat and poultry (HS 02);  milk and cream , not concentrated nor 
containing added sugar or other sweetening matter (HS 04.01);  milk and cream, c oncentrated  or containing 
added sugar or other sweetening matter (HS 04.02);  bread (HS 1905);  rice (HS 10);  preparations for infant use 
(HS 1901.10.11);  insulin and its salts (HS 2937.91.00);  quinine and its salts (HS 2930.21.00;  antibiotics 
(HS 29.41);  dental wax (HS 3407.00.10);  plates and f ilms for X-ray (HS 3701.10.00);  photographic film for 
X-ray (HS 3702.10.00);  hygiene or  pharmaceutical articles, of rubb er (HS 40.14);  surgical gloves 
(HS 4015.11.00);  books, other than school books (HS 4901.91.00);  glasses for spectacles (HS 7015.10.00);  medical, surgical or laboratory ster ilizers (HS 8419.20.00);  invalid carriages (HS 8714.20.00);  corrective 
spectacles (HS 9004.90.00);  medical appliances (HS 9018.11 to 9022.90);  dentist's chairs (HS 9402.1011);  
and other medical and surgical furniture (HS 9402.10.19).   Consulted at:  http://www.izf.net/izf/Documentation/ 
JournalOfficiel/AfriqueCent rale/DIR1_99_annex3.htm. 
26 Ministry of Finance, Directorate-General of Taxes (2006). 
27 In 1998, Chad notified the WTO that it had no non-preferential rules of origin (WTO document 
G/RO/N/22 of 16 September 1998). WT/TPR/S/174 Trade Policy Review 
Page 36 
 
 
non-preferential purposes.28  For the purposes of application of the generalized preferential tariff 
(TPG), Community origin is certified by the CAEMC movement certificate.29  Community origin is 
conferred on products which are:  (a) w holly obtained in CAEMC Member States30;  (b) local;  or 
(c) manufactured on CAEMC territory.31 
39. Up to the end of 2006, Community origin is, in  principle, conferred on industrial products if 
they incorporate raw materials of Community origin equivalent in value to at least 50 per cent of the 
price of the product or the total cost of the raw materials used.  Approval is granted by the CAEMC 
Council of Ministers.  Once ECCAS TPG is operational, other rules of origin will, in principle, enter 
into force at CAEMC level and reduce this threshold to 35 per cent.32 
(v) Import prohibitions, licences and controls 
40. According to the Ministry of Commerce and Handicrafts, Chad does not apply import 
prohibitions, except for those relating to non-biodegradable plastic bags33 and those provided for in 
the international treaties and conventions to which it is a signatory. 
41. On 1 January 1994, a list of goods affected by quantitative restricti ons on importation into 
CAEMC Member States was drawn up and members unde rtook to eliminate them by 30 June 1996 at 
the latest.  According to the authorities, no quan titative restriction is currently being applied for 
commercial purposes.  However, since the beginning of 2006, Customs has been refusing to release 
sugar imported into Chad by importers not affilia ted to the Chad Sugar Company (a sugar-producing 
subsidiary of the French group SOMDIAA). 
42. Chad abolished import licences in 1995.34  In 2001, it notified the WTO Committee on Import 
Licensing that its import licensing regime was no longe r being applied, except to sulphur and other 
explosives.  However, a "negative list" of pr oducts (including sulphur and explosives) whose 
importation is subject to special mandatory authorization, may be drawn up by the Ministry of Commerce. 
43. The following products are also, in principl e, subject to special preliminary import 
authorization, within the context of the implementa tion of the Montreal Protocol:  car air-conditioning 
equipment;  domestic or commercial refrigerators  and air-conditioning appliances;  refrigerating 
installations;  portable extinguishers;  insulating panels ;  aerosols;  freon;  and thermal insulation.  In 
2002, an order setting import quotas for these products was issued.
35  Imports of arms and ammunition 
are also subject to prior authorization and control by the ministries responsible for public safety and 
national security. 
                                                      
28 Article 22 of the CAEMC Customs Code. 
29 Chapter III of Act No. 7/93-UDEAC-556-SE1. 
30 For example, minerals extracted from the soil or seabed, and the products of agriculture, fishing or 
hunting, or manufactured wholly from these products without imported inputs. 
31 Act No. 7/93-UDEAC-556-CD-SE1, as amended by Act No. 1/98-UDEAC-1505-CD-61. 
32 Decision No. 03/CEEAC/CCEG/XI/04 defines rules of origin which establish at 35 per cent the 
threshold for the incorporation of raw materials of Community origin. 
33 Order No. 007/MCPI/SE/DG/DC/DCE of 22 May 1993 prohibiting the importation of non-
biodegradable plastic bags throughout the territory. 
34 Decree No. 451/PR/95 of 29 June 1995 repealing Decree No. 282/PR/MCI/89 of 5 May 1989 
determining the procedures for the importation, distribution and circulation of products in the Republic of Chad. 
35 Order No. 038/MCIA/DG/2002 of 13 February 2002 fixing the import quota for certain products 
and/or equipment containing or operating on the basis of ozone-depleting substances;  and Order 
No. 006/MICA/MEE/2000 of 20 March 2000 on regulations for the importation of certain products and/or equipment containing or operating on the basis of ozone-depleting substances. Chad WT/TPR/S/174 
 Page 37 
 
 
(vi) Contingency measures 
44. In 1998, Chad notified the WTO that it had no national legislation on anti-dumping, subsidy 
or countervailing measures;  this is still the case today.36  Nor are there any regulations concerning 
safeguard measures.37  Chad has not taken any action in these areas. 
(vii) Standards and other technical requirements 
45. Chad has not made any notification to the WTO concerning technical regulations (within the 
meaning of the WTO Agreement on Technical Barriers to Trade (TBT)) or concerning sanitary and phytosanitary measures (within the meaning of the Agreement on the Application of SPS Measures).   
(a) Standards and technical regulations 
46. In Chad, technical regulations are generally applied at the initiative  of a ministry, or on the 
instructions of the President of the Republic, in the form of an ordinance.
38  According to the 
authorities, there is still no general legal framework fo r (optional) standards and technical regulations.  
For manufactured products originating in CAEMC me mber countries the packaging must be marked 
"sale in the CAEMC".  Chad is not a member of e ither the International Standardization Organization 
(ISO) or the International Electrotechnical Commission (IEC).   
47. Chad does not yet have a national standardiza tion and product conformity certification body.  
However, under the CAEMC Investment Charter, Me mber States are planning a national and regional 
standardization, metrology and certification system which will be based on international standards, in 
particular those of ISO.39  Such a system would enhance the integration of the Member States in world 
trade.40  For example, with the support of the European Union and UNIDO, standards adopted by the 
WAEMU member countries and by Chad for African cotton fibre are enabling the producing 
countries to grade their cotton themselves and ex ercise better control over the cotton marketing 
process.41 
(b) Sanitary and phytosanitary (SPS) measures 
48. Chad acceded to the FAO International Pl ant Protection Convention in March 2004.42  It is 
also a member of the Codex Alimentarius Co mmission of the FAO and WHO and of the World 
Organization for Animal Health (OIE).  Nationally, th ere are several legal texts containing provisions 
relating to SPS measures, chiefly the law on plant protection43;  the decree establishing a National 
Agricultural Pesticides Control Commission44; the decree on the regulation of veterinary 
                                                      
36 WTO documents G/ADP/N/1/TCD/1, G/SCM/ N/1/TCD/1 of 25 August 1998;  and 
G/SG/N/1/TCD/1 of 31 July 2000. 
37 WTO document G/SG/N/1/TCD/1 of 31 July 2000. 
38 See, for example, Decree No. 499 /PR/MSP/94 of 12 December 1994 establishing controls on the 
iodine level in table salt to prevent iodine deficiency disorders in the Republic of Chad.  Consulted at:  
http://droit.francophonie.org/doc/html/td/loi/fr/1994/1994dftdlgfr31.html. 
39 Investment Charter, Regulation No. 17/99/CAEMC-020. 
40 International Trade Centre and Intergovernmental Agency of La Francophonie (2004). 
41 WAEMU (2005). 
42 Consulted at:  h ttp://www.fao.org/legal/Treaties/004s -f.htm [24 September 2006]. 
43 Law No. 14/PR/95 of 13 July 1995 and Decree No. 010/PR/MA/99 of 7 January 1999 establishing 
the modalities for the application of Law No. 14/PR/95 on plant protection. 
44 Decree No. 11/PR/MA/99 of 7 June 1999 and Order No. 045/MA/DG/DPVC/00 of 17 May 2000 
appointing members of the National Agricultural Pesticides Control Commission. WT/TPR/S/174 Trade Policy Review 
Page 38 
 
 
pharmaceuticals45;  the order regulating the importation, dist ribution and use of pesticides in relation 
to human health46;  and the law on the organization of th e sanitary inspectorate and the collective 
prevention of known contagious diseases of animals on the territory of the Republic of Chad.47  The 
SPS regulations may be applied, as appropriate, by the ministries responsible for livestock breeding, 
agriculture, health or the environment. 
49. The importation of animal and plant products is, in principle, subject to prior authorizations 
and SPS certificates.  The prior authorizations are is sued by the Ministry responsible for livestock 
breeding, where animal products are concerned, and by  the Ministry responsible for agriculture, in the 
case of plants.  With respect to animal products, a prior import authorization is required for:  live 
animals, meat and other products of animal origin, together with raw hides and skins.  The sanitary 
certificate must be issued by a r ecognized organization in the country of exportation.  The Ministry 
responsible for livestock issues the sanitary certifi cate for exports.  The main SPS measures currently 
in force are aimed at combating avian influenza and consist in a ban on the importation of live birds of 
any species or product thereof (meat, offal), of any origin.  However, the ban is not being strictly 
observed.48 
50. The existence of appropriate na tional legislation would enable Chad to limit the risk of 
foreign markets imposing restrictions on some of its exports for SPS reasons.  For example, in Canada 
there are restrictions on imports of maize from Chad due to the risk of sorghum stem borer.49 
(c) Environmental measures 
51. The transit, importation, storage, burial and dumping of foreign toxic or polluting waste on 
Chadian territory is forbidden.50  International trade in other waste is regulated, as is the production of 
and trade in chemical, harmful or hazardous substances.51 
52. Within the context of the process of implementa tion of the Montreal Protocol on Substances 
That Deplete the Ozone Layer, to which Chad is a signatory, in 2001 the Government issued an order 
regulating the importation of certain  products and/or equipment contai ning or operating on substances 
capable of depleting the ozone layer and listed in Annex A to the Protocol (Section (v) above).52  In 
principle, the importation of non-biodegradable plastic  bags is banned (Section (v) above).  Chad is 
also party to the Treaty on the Conservation and Su stainable Management of Forest Ecosystems in 
Central Africa.  In March 2004, it ratified the Basle Convention on the Control of Transborder 
Movements of Hazardous Waste and their Disposal. 
                                                      
45 Decree No. 417/PR/ME/92 of 8 August 1992. 
46 Order No. 0059/MSP/DG/187/DACS/ 96 of 21 February 1996. 
47 Law No. 9/PR/2004 of 19 May 2004. 
48 Dokalyo (2006). 
49 Canadian Food Insp ection Agency (2006). 
50 Law No. 014/PR/98.  Consulted at:  http://www.riddac. org/document/pdf/tch-loienvironn.pdf [5 July 2006]. 
51 The other legislation dealing with environmental protection includes:  Order No. 822/PR/ME/92 
setting up the High National Committee for the Environment, and the Order appointing its members;  Law 
No. 016/PR/99 of 18 August 1999 on the Water Code (Chapter IV(3));  and Order No. 036/MEE/DG/00 of 19 October 2000 establishing a National Technical Committee responsible for monitoring and evaluating 
international conventions on persistent organic polluta nts, pesticides, chemical products and waste posing a 
threat to human health and the environment. 
52 WTO document G/LIC/N/3/TCD/2 of 20 August 2001. Chad WT/TPR/S/174 
 Page 39 
 
 
(viii) Government procurement  
53. Government procurement in Chad is mostly ex ternally financed, within the framework of 
development projects, the balance being provided by the State.  In 2005, current government expenditure on goods and services amounted to CFAF  40 billion (about €60 million);  investment 
expenditure to CFAF 88 billion (€135 million);  a nd public investment financed from external 
resources to CFAF 191 billion (€290 million).  The 273 public contracts awarded by the Government 
Procurement Board (OCMP, see below) in 2005 had a to tal value of CFAF 97.7 billion.  Invitations to 
tender on food aid projects are generally issued by the National Food Security Office (ONASA) or the 
local offices of the international institutions res ponsible for emergency food supplies (for example, 
the World Food Programme, the United Nations Food  and Agriculture Organization (FAO), or the 
Red Cross). 
54. A process of reform of government procuremen t involving both legislation and improvements 
in contract awarding procedures began in 1999.  Si milarly, within the context of its governance 
strategy, the Government has signed a number of undertakings intended to ensure greater 
transparency.  These reforms led to the promulgati on, in 2003, of the Government Procurement Code, 
which establishes the rules applicable  to the preparation, awarding, implementation and supervision of 
public contracts for works, supplies and services, including intellectual services, as well as those 
concerning administrative sanctions and the preven tion and settlement of contract-related disputes.
53 
55. The Code covers purchases made by the State,  the decentralized authorities (where they 
exist), certain public institutions, and certain wholly  or majority State-owned companies.  The scope 
of the Code can be extended, by decree, to other companies and institutions in which the State has a 
stake, and to private-law persons who benefit from State financial support or a State guarantee or to 
whom the status of contracting authority has b een delegated.  The provisions of the Code are 
applicable regardless of the origin of the contract financing, unless there is a conflict with the State's 
obligations under some international or inte rgovernmental financing treaty or agreement.54 
56. The Code covers contracts relating to works, supplies or services, including intellectual 
services, amounting to more than CFAF 10 million inclusive of tax (€15,243).55  If the contract sum 
falls below this threshold, only a simple statement or invoice is required.56  All contracts with a value 
of more than CFAF 50 million (€76,220) must be approved by the President of the Republic.  Those 
with a value of between CFAF 10 and 50 million must  be approved by Minister of Finance.  The 
provisions of the Code are not applicable to real estate purchases or contracts or to agreements to 
delegate public services under which a contracting authority delegat es the provision of public services 
to a natural or legal person, when the remuneration of the delegatee consists mainly of fees paid by 
the users of the service. 
57. The OCMP monitors the preparation and awardi ng of public contracts and, in accordance 
with the provisions of the Code, issues an opini on prior to the various key stages of the process.   Its 
opinion on the introductory report is a preliminary to the tender process.  Any bid deemed to be 
inconsistent with the Code must be rejected  by the Bid Opening and Adjudication Commission 
(COJO), an independent body not under the author ity of the OCMP which is responsible for opening 
                                                      
53 Decree No. 503/PM/SGG/2003 on the Government Procurement Code of the Republic of Chad. 
54 The provisions of the treaty or agreement take precedence over contrary provisions of the Code.  For 
example, in the case of contracts financed by the European Union, the OCMP must apply the Community 
regulations. 
55 Decree No. 462/PR/PM/SGG/2004 establishing the award thresholds and powers of approval of 
public contracts. 
56 Article 4.2 of the Code. WT/TPR/S/174 Trade Policy Review 
Page 40 
 
 
the envelopes, evaluating the bids and awarding the contract.  The COJO is composed of 
representatives of the contracting authority's contracts unit, members of the administration, independent persons whom it itsel f appoints and the consulting en gineer, where appropriate.   
58. Invitations to tender must be displayed at the OCMP and drawn to the attention of the public 
by being published in the Bulletin officiel des annonces des marchés publics  (Official Bulletin of 
Public Contract Notifications), as well as in at le ast one private media outlet capable of informing the 
largest possible number of potential bidders in g ood time, or by being advertised by any other 
appropriate means of achieving the same result, in cluding in particular electronic means. However, 
the Bulletin  has not been published since 2005 for lack of funding.  The Code also requires that the 
results be published.  In practice, however, unsuccessful  bidders are not informed of the outcome or of 
the reasons why their bids were rejected.  The C ode provides for appeals, and appeals and conciliation 
committees have been set up to resolve disputes. 
59. In principle, contracts for which the price in itially estimated by the contracting authority 
exceeds the above-mentioned threshold of CFAF  10 million must be awarded by tender or, 
exceptionally, by negotiation (mutual agreement).  However, freely negotiated contracts accounted for 
35 per cent of the total value of the contracts awarded in 2005. 
60. Invitations to tender may be open, restricted, two-stage or with competition.  The choice of 
any method of awarding contracts other than an ope n invitation to tender must be submitted to the 
OCMP for a prior opinion.  In practice, invitations to tender may be open only to resident enterprises 
(when the required skills/capacities are available at national level), or to resident and non-resident 
enterprises (international open invitation).  An op en invitation to tender may be preceded by the 
prequalification of the candidates;  contracts of this  type are awarded in connection with construction, 
infrastructure and capital equipment projects of  sufficient complexity and importance, and 
exceptionally for the supply of goods that have to be manufactured to order or for the provision of 
specialized services or products.  Restricted invitati ons to tender may be issued only if the estimated 
value of the contract or supplies is lower than th e threshold fixed by decree, or if the contracting 
authority can show that the works, supplies or ser vices concerned can only be sourced from a limited 
number of candidates, for reasons other than urgenc y.  A restricted (to three to six candidates) 
invitation to tender is also the rule for design, consultancy and other inte llectual service contracts 
(Articles 45-47). 
61. A "two-stage" invitation to tender may be issued, after consulting the OCMP, if the 
contracting authority is not initiall y in a position to define the means of meeting its needs.  In this 
case, in a first stage, the candidates submit techni cal and qualitative proposals, subject to adjustment 
in the second stage (Article 49).  Contracts are d escribed as being "negotiated" when the contracting 
authority enters into direct discussions with candidat es and then awards the contract to the candidate it 
has selected (Articles 48 and 49). 
62. In the case of an open invitation to tender, any te nderer of a nationality other than that of the 
contracting authority must form a consortium or en ter into a subcontracting arrangement with national 
enterprises specialized in the field (Article 7).  When preparing the tender dossier the contracting 
authority may decide to give preference to Chadia n tenderers, provided that the terms of their bid are 
identical to those of the lowest bidder and their pri ce is not more than 15 per cent higher than that of 
the latter (Article 13). Chad WT/TPR/S/174 
 Page 41 
 
 
(ix) Other measures 
63. In 1999, Chad notified the WTO that it ha d no trade-related investment measures57, including 
local content requirements.  Moreover, according to  the authorities, no agreement has been concluded 
with foreign governments or enterprises with a view to influencing the quantity or value of goods and 
services exported to Chad.  The authorities are unawa re of any such agreements between local and 
foreign enterprises.  Chad particip ates in the international trade san ctions decided upon by the United 
Nations Security Council and the regional bodies of which it is a member. 
64. The mission of the National Food Security Office (ONASA) is to maintain a national 
stockpile of 35,000 tonnes of cereals, distributed among various warehouses, silos and granaries.58  
ONASA buys the cereals locally or imports them (Chapter IV(2)). 
(3) MEASURES DIRECTLY AFFECTING EXPORTS  
(i) Procedures 
65. The registration formalities applicable to imports of goods for commercial purposes also 
apply to exports (Section (2)(i) above)).  Any individual or enterprise wishing to export from Chad must be registered as a trader with the Minist ry of Commerce and Handicrafts.  Export operations 
may be carried out only by traders who hold a "whol esale exporter" card.  Special conditions apply to 
persons who have recei ved approval to export  petroleum products. 
66. The export formalities are defined in Articles 110 ff . of the CAEMC Customs Code, which 
provides, in particular, for a customs export declar ation.  This must be accompanied by sanitary and 
origin certificates if the importing country so requir es, as under the ACP-EU agreement, in particular 
for preferential purposes (Chapter II(5)).  The certifi cate of origin can be obtained from the Chamber 
of Commerce, Industry, Agriculture, Mining and Crafts (CCIAMA).
59  For crude oil exports, the 
custom office at the Kribi oil terminal has been issu ing certificates of origin directly since 2004.  In 
the case of exports bound for CAEMC countries, all cu stoms offices are authorized to authenticate the 
"CAEMC movement certificate" accompanying "local" (unprocessed) products.60  For manufactured 
products, only enterprises are authoriz ed to authenticate the certificate. 
67. Export-related transactions must also be declar ed to the Ministry of Finance, and those 
amounting to more than CFAF 5 million must be domiciled with an approved CAEMC bank.  Export 
earnings must be collected and re patriated within 30 days of the conclusion of the transaction and 
resold to the Central Bank within 30 days of their being collected.61 
(ii) Export taxes 
68. Under its 1995 Finance Law, in connection with  the dismantling of quantitative restrictions 
and other non-tariff barriers, Chad abolished several  export taxes on agricultural products.  However, 
several still remain.  These mainly affect exports of live cattle and dried fish (Chapter IV(2)).  
                                                      
57 WTO document G/TRIMS/N/2/Rev.5 of 22 February 1999. 
58 Law No. 002/PR/01 of 21 February 2001. 
59 Order No. C1/MCIA/DG/2001 on the regulations for the UDEAC movement certificate and the 
certificate of origin in the Republic of Chad. 
60 For the definition of local products, see Section (2)(iv) above. 
61 Articles 64-66 of Regulation No. 02/00/CAEMC/UMAC/CM of 29 April 2000 harmonizing the 
foreign exchange regulations in the CAEMC Member States. WT/TPR/S/174 Trade Policy Review 
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According to Ministry of Finance statistics, taxes on exports amounted to CFAF 2.3 billion in 2002 
(€3.5 million, Table III.1), or about 1.7 per cent of export earnings. 
69. A statistical tax on exports (RSE) is levied at the rate of 2 per cent of the export value, on all 
tariff lines whatever the destination of the goods.  The main exports, namely, cotton and animals and 
animal products, are subject to this tax.  The Comm unity preferential tax (TPC) of 0.4 per cent is also 
collected, on behalf of the CAEMC, on all exports. 
70. Export duty is levied on certain, mainly agricultural and fish-breeding, products to finance the 
export "Rural Intervention Fund" (FRE).  It is collect ed on over 600 tariff lines at the rate of 1 or 2 per 
cent, whatever the destination of the goods.  The inspection and packaging tax (TCC) of 0.5 per cent 
of the c.i.f. export value is applied to gum arabic, cotton, cocoa, citrus fruit, palm oil, some tobacco, 
soap, rubber, and some hides and skins.  The expor t "research tax" (TRC), amounting to 0.5 to 1 per 
cent of the c.i.f. export value of butter, raw tob acco and rough or sawn timber, is also in force. 
(iii) Export prohibitions, licences and controls 
71. The export and re-export licensing procedures were abolished by decree in 1995.  In general, 
the only quantitative restrictions and controls in force on exports should be those derived from the 
treaties to which Chad is party (Basle Convention,  CITES, Chemical Weapons Convention, Treaty for 
the Non-Proliferation of Nuclear Weapons).  In practi ce, there are few restrictions or controls.  Where 
necessary, the Ministry of Commerce may prohibit or restrict the exporting of a product.62  Exports of 
heifers and calves have been banned si nce 2003 to preserve the livestock population.63  The local 
administrative authorities may also restrict cereal exports, at any time, in the event of a shortage. 
(iv) Export subsidies, promotion and assistance  
72. According to the authorities, Chad does not su bsidize its exports, and does not give special 
concessions to exporters.  In 2004, a draft measure  to establish an investment and export promotion 
agency was prepared, but as of October 2006 the agen cy had not yet been set up.  The promotion of 
the private sector and exports is also, in principle, the responsibility of the Chamber of Commerce, Industry, Agriculture, Mining and Crafts (CCIAMA).  Chad does not have any free zones. 
(4) M
EASURES AFFECTING PRODUCTION AND TRADE  
(i) State trading, State-owned enterprises and privatizations 
73. Chad has repeatedly stated th at the private sector should be the engine of its economic 
growth.  A 1992 ordinance on the disengagement of th e State gave this policy concrete expression in 
the form of a programme for the privatization and restructuring of 50 State-owned enterprises.64  The 
ordinance provides for the State to disengage by transferring ownership (sale of assets, sale of shares, 
disposal for value) or the management of the en terprise.  However, a preliminary diagnostic study 
must be carried out by independent experts.  Th e ordinance established a Technical Commission (CT) 
responsible for monitoring the disengagement of th e State;  the composition, operating procedures and 
                                                      
62 Decree No. 451/PR/95 of 29 June 1995 repealing Decree No. 282/PR/MCI/89 of 5 May 1989 
determining the procedures for the importation, distribution and circulation of products in the Republic of Chad. 
63 Decision No. 001/ME/2003 of 5 March 2003. 
64 Ordinance No. 017/PR/92 of 29 August 1992 authorizing the disengagement of the State from enterprises.  
Consulted at:  http://droit.francophonie.org/doc/html/td/loi/fr/1992/1992dftdlgfr16.html [18 July 2006]. Chad WT/TPR/S/174 
 Page 43 
 
 
programme of the CT are defined by decree.65  The ordinance also established a permanent secretariat 
under the authority of the Ministry of Commerce and Industrial Development. 
74. Any disengagement of the State must be authorized by the Head of State and implemented on 
behalf of the Government by the Minister of Commerce, on the recommendation of the CT.  The CT 
first collects data on the enterprise concerned, then  carries out a study for submission to the Minister, 
in which it proposes that the enterprise be wound up, placed under management or privatized, and 
indicates the method of disengagement;  the estimated value of the enterprise or its parts from which it 
is proposed that the State should disengage;  and the means, procedure and criteria for determining 
who should acquire it.  The CT then draws up the terms of reference for an  independent diagnostic 
study.  The results of the study are submitted to the CT, then to the Interministerial High Committee 
chaired by the Prime Minister.  In the event of privatization, an international tender dossier is 
systematically compiled. The proceeds of these priva tizations are allocated to the general budget.  The 
50 enterprises listed in the ordinance have now been either wound up, privatized or restructured and 
retained in the State portfolio.66  The State-owned enterprises that  are still active are described in 
Table III.6. 
Table III.6 
Enterprises wholly or partially owned by the State, 2006 
Enterprise wholly or partially owned by the State Sector State holding, 2005
(% of capital) 
Primary products   
Office national de sécurité alimentaire (O NASA) Regulation of the cereals market 100 
Société des hydrocarbures du Tchad  Petroleum products 100 
Manufactured products   
Compagnie sucrière du Tchad (CST) Sugar 8.6 
Abattoir frigorifique de Farcha (A FF), managed by the Société moderne 
des abattoirs Meat 100 
Société nationale de production animal e (SONAPA), assets transferred to 
the Coopérative des professionnels po ur le développement de l'élevage Animal feed 100 
Société cotonnière du Tchad (COTONTCHAD)  Cotton 75 
Services   
Centrale pharmaceutique du Tchad (PHARMAT, not operational) Distribution of pharmaceutical 
products 15 
Société industrielle de matériels agricoles (S IMAT, not operational) Agricultural machinery 100 
Société tchadienne d'eau et d'élect ricité (STEE)  Water/electricity 100 
Office national de l'hydraulique pa storale et villageoise (ONHPV): 
privatized (now Société tchadienne d'hydraulique) Water well drilling 34 
Toumai Air Tchad Air transport 40 
Société générale tchadienne de ba nque (SGTB) Financial services 20 
Commercial Bank Tchad (CBT) Financial services 17 
Caisse nationale de prévoyance sociale (CNPS) Pension fund 100 
Caisse nationale de retraite du Tchad (CNRT) Pension fund 100 
Centre national d'enseignement ar tisanal et professionnel des arts 
appliqués (CNEAPAA) Education 100 
Société hôtelière du Tchad (under management contract) Hotels 100 
Laboratoire national des bâtiments et tr avaux publics (LNBTP) Civil engineering 100 
Laboratoire de recherches vétérinaires et zoot echniques (LRVZ) Medical services and products 100 
Office national de la promotion de l'emploi  Employment agency 100 
Office national du développeme nt rural (ONDR) Agricultural support and extension 
services 100 
Société tchadienne des postes et de l' épargne (STPE) Postal services  100 
Table III.6 (cont'd)
                                                      
65 Decree No. 460/PR/MCDI/92 of 4 September 1992, as amended. 
66 See IZF (undated). WT/TPR/S/174 Trade Policy Review 
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Enterprise wholly or partially owned by the State Sector State holding, 2005
(% of capital) 
Société des télécommunications du Tcha d (SOTEL TCHAD) Telecommunications 100 
Société tchadienne d'exploita tion hôtelière (SOTEXHO, under 
management contract) Hotels 100 
Société générale d'étude et de c onseil (SOGEC)  Design services 30 
Société de développement du lac (SOD ELAC) Development of Lake Tchad 99 
Bureau interministériel d'études et de  projets (BIEP)  Design services 30 
Source : Information supplied by the Chadian authorities. 
75. In 2001, Chad notified the WTO that it had no State-trading enterprises and that no special 
privileges were accorded to marketing boards.67  However, the State-owned Chad Cotton Company 
(COTONTCHAD) has a monopoly on cotton marketing (Chapter IV(2)(iii)), including exports.  
There are also monopolies in the provision of services such as the distribution of water and electricity, 
fixed telecommunications and most postal services (Cha pter IV(5)(iv) and (v)).  In July 2006, a law 
establishing the Chad Hydrocarbons Co mpany was passed (Chapter IV(3)(i)).68 
(ii) Incentives 
76. Chad has not made any notification to the WT O concerning subsidies and support, including 
for production.  In 2005, the Chad Water a nd Electricity Company (STEE) and COTONTCHAD 
benefited from State financial transfers, thanks to oil resources (Chapter IV(2)(iii)).69 
77. Tax concessions may be granted to enterpri ses whose investment is approved under an 
establishment agreement (Chapter II(6)).  These con cessions vary with the agreement, but generally 
include reduced tariff rates on equipment, exempti on from the payment of export duties, exemptions 
from corporation and personal income tax, and the possibility of accelerated depreciation. Tax 
exemptions, in particular from import duties and taxes and VAT, are also granted under the Mining 
Code (Chapter IV(3)(ii)) and the Hydr ocarbons Code (Chapter IV(3)(i)).  
(iii) Competition policy and price regulation 
(a) Competition policy 
78. Several regulations relating to competition have been adopted at  CAEMC level, but have not 
yet been effectively implemented in Chad. These include, in particular, the regulations on anti-
competitive practices70;  and those on State practices affecting trade between Member States and 
intended to prevent government aid that distorts  or threatens to distort competition by favouring 
certain enterprises or products.71  At present, Chad has no legislation or national regulations on 
competition.  A draft law on competition was drawn up by the Ministry of Commerce and Handicrafts in 2002 to fill this legislativ e gap but has still to be adopted. 
                                                     
 
67 WTO document G/STR/N/7/TCD of 5 July 2001. 
68 Law establishing the Chad Hydrocarbons Company of 27 July 2006. 
69 Republic of Chad (2004).  
70 Regulation No. 1/99/UEAC-CM-639 on the regulation of anti-competitive practices. 
71 Regulation No. 4/99/UEAC-CM-639 on the regula tion of State practices affecting trade between 
Member States.  Consulted at: http://www.izf.net/IZF /Documentation/JournalOfficiel/AfriqueCentrale/REG_ 
4_99.htm. Chad WT/TPR/S/174 
 Page 45 
 
 
79. In March 2004, a joint economic enforcement group was set up to combat unfair trade 
practices.72  Its members are se lected by the Minister of Commerce from among the staff of the 
ministries responsible for trade, finance and security.  In practice, the group has the task of combating 
smuggling, mainly of products such as cigarettes a nd soap.  Its functions may also include monitoring 
compliance with the laws and regulations and taki ng action in cases of failure to publish prices or 
issue invoices and refusal to sell;  failure to keep ac counts;  marketing of products that have passed 
their use-by date;  tax fraud and falsification of tax documents;  lack of documents to carry on a 
business, industry or trade;  and anti-co mpetitive and restrictive trade practices. 
80. At present, there is no legal framework specifically for consumer protection.  However, since 
1995, the Association for the Protection of Consumers' Rights (ADC) has been promoting justice for 
consumers and defending their interests.  It also helps the public to gain a better understanding of the 
problems of consumers.  The ADC is a member of Consumers International.73  In particular, it has 
helped to prepare draft laws on competition and prices;  on consumer protection;  and on the 
repression of fraud and the counterfeiting of products a nd services.  The ADC has also contributed to 
a study of the impact (on consumers) of the refo rm of the postal and telecommunications sector in 
2000. 
(b) Price regulation 
81. Law No. 30 on prices, economic intervention and the repression of economic offences, of 
28 December 1968, provides, among other things, for the regulation of certain prices, either by fixing 
a minimum or through an approval regime involving the pre-fixing of prices on the basis of company accounts.  When business conditions so require, th e maximum selling prices of products, wholesale, 
semi-wholesale and retail, together with the prices of  services, may be fixed by order of the Ministry 
of the Economy.  However, a 1990 amendment libera lized the import prices of all goods, with the 
exception of petroleum products, the price of  which remained controlled until 2001. 
82. As at October 2006, only the rates for water and electricity distributed by the Chad Water and 
Electricity Company were still being fixed by the Stat e (Chapter IV(3)(iii)), together with the prices 
of 60 generic drugs and those of 2- and 6-kg bottles of  gas.  Cotton prices (producer prices) were also 
regulated (Chapter IV(2)(iii)).  The charges for postal services are set by the Postal Services and 
Savings Company while those for fixed telecommunications are established by SOTEL Chad 
(Chapter IV(5)(v)).  Interurban road passenger transpor t prices are, in principle, also fixed by order of 
the Ministry of Transport (Chapter IV(5)(ii)).
74 
(iv) Intellectual property rights 
(a) Overview 
83. Chad is a member of the African Intellectual Property Organization (OAPI), set up by the 
Bangui Agreement adopted on 2 March 1977 and revi sed by the 1999 Bangui Act.  The revision of 
the Bangui Agreement involved, in particular, bri nging it into conformity with certain intellectual 
property treaties, including the TRIPS Agreement (Tab le III.7).  In accordance with the latter, Chad 
has notified the WTO that the National Structure for Liaison with the OAPI constitutes the contact 
point under Article 69 of the TRIPS Agreement.  The Bangui Agreement provides for a uniform 
intellectual property protection regime in the 16 Member States of the OAPI.75  Chad ratified the 
                                                      
72 Interministerial Order No. 009/MCIA/MEF/2004 of 3 March 2004. 
73 Consumers International, information online.  Cons ulted at:  http://www.consu mersinternational.org. 
74 Decree No. 76/PR/MT of 14 April 1983. 
75 WTO document IP/N/3/Rev.2/Add.10 of 17 September 1998. WT/TPR/S/174 Trade Policy Review 
Page 46 
 
 
revised Bangui Agreement in 2006.76  Under the Constitution (Chapter II(1)), the Bangui Agreement 
applies as automatically enforceable State law (Sect ion (d) below).  In the area of copyright and 
related rights, the provisions of the revised ( 1999) Bangui Agreement are supplemented by national 
rules. 
Table III.7 
Subjects and terms of protection under the Ba ngui Agreement (1977) and its revision (1999) 
Subject Bangui  Agreement (1977)  Bangui Agreement  (1999) 
Patents 10 years, renewable for a maximum of 
two further periods of 5 years 20 years 
Utility models 5 years 10 years 
Trademarks or service marks 10 years, renewable every 10 years 10 years, renewable every 10 years 
Industrial designs 5 years 5 years, twice renewable 
Trade names 10 years, renewable every 10 years 10 years, renewable every 10 years 
Geographical indications  n.a. n.a. 
Copyright and related rights     
Literary and artistic works in general  Lifetime of  author + 50 years Lifetime of author + 70 years 
Films, radio and audiovisual 50 years 70 years 
Photographs 25 years 25 years 
Related rights for performances n.a. 50 years 
Related rights for phonograms n.a. 50 years 
Related rights for radio broadcasts n.a. 25 years 
Layout-designs (topographies) of integrated 
circuitsa n.a. 10 years 
Protection of new plant varieties n.a. 25 years 
n.a. Not applicable. 
a The regime under the revised Bangui Agreement is not in force. 
Source : WTO (2006), Trade Policy Review – Congo . 
84. At the same time as the revised Bangui Agreemen t (1999) entered into force, Annexes I to 
VIII also came into effect.  These cover:  patents (Annex I), utility models (Annex II), trademarks and 
service marks (Annex III), industrial designs (Ann ex IV), trade names (Annex V), geographical 
indications (Annex VI), copyright and related ri ghts (Annex VII), and pr otection against unfair 
competition (Annex VIII).  Annex X on the protection of new plant varieties entered into force on 
1 January 2006.  The OAPI Administrative Council has deferred the entry into force of Annex IX on 
layout-designs (topographies) of integrated circuits , which must be protected under Section 6 of 
Part II of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), because 
the competence necessary to examine any applications for protection th at might be filed under that 
Annex is lacking. 
85. In September 2000, Chad informed the WTO that it was fully respecting the provisions of 
Articles 3 (national treatment), 4 (most-favoured-nat ion treatment) and 5 (multilateral agreements on 
acquisition or maintenance of protection) of the TRIPS Agreement and could not therefore fail to 
meet its obligations.77  This communication is the only notifica tion of laws and regulations made by 
Chad under Article 63.2 of the Agreement. 
                                                      
76 Agreement revising the Bangui Agreement of 2 March 1977 establishing the African Intellectual 
Property Organization.  Consulted at:  http://www.oapi.wipo. net/doc/fr/accord_bangui.pdf.  The countries that 
have ratified the revised agreement are Burkina Faso, Cameroon, Chad, Côte-d'Ivo ire, Equatorial Guinea, 
Gabon, Guinea, Mali, Mauritania, Senegal, and Togo. 
77 WTO document IP/N/1/TCD/1 of 11 September 2000. Chad WT/TPR/S/174 
 Page 47 
 
 
86. In addition to belonging to the OAPI, Ch ad has been a member of WIPO since 
26 September 1970.78  The revised Bangui Agreement (1999) recommends that its members accede to 
certain arrangements, treaties and international c onventions, but Chad has not yet complied fully in 
that respect (Table III.8);  technical assistance is sought by the authorities for this purpose. 
Table III.8 
Chad and the intellectual property treaties  administered by WIPO and by UPOV, 2006 
Treaty Undertaking to  accede to treaties 
under the 1999 Bangui Agreement Date of accession 
Protection of intellectual property 
WIPO Convention Yes 26 September 1970 
Berne Convention Yes 25 November 1971 
Brussels Convention No n.a. 
Film Register Treaty No n.a. 
Madrid Agreement (source) No n.a. 
Nairobi Treaty Yes n.a. 
Paris Convention Yes 26 September 1970 
Patent Law Treaty (PLT) No n.a. 
Phonograms Convention No n.a. 
Rome Convention Yes n.a. 
Trademark Law Treaty (TLT) No n.a. 
Washington Treaty (IPIC) No n.a. 
WCT No n.a. 
WPPT No n.a. 
International Convention for the Protection of New Varieties of Plants Yes n.a.  
Global protection system 
Budapest Treaty Yes n.a. 
Hague Agreement Yes n.a. 
Lisbon Agreement Yes n.a. 
Madrid Agreement (Marks) No  n.a.  
Patent Cooperation Treaty (PCT) Yes 24 January 1978 
n.a. Not applicable. 
Source : WTO Secretariat, based on informa tion obtained from WIPO and the Preamble to the Bangui Agreement (1999).  
(b) Industrial property 
87. In Chad, industrial property rights are governed by the provisions of the revised Bangui 
Agreement.79  For each of its Member States the OAPI serves as the national industrial property office 
and provides a common system of administrative procedures for registering various rights.  Applicants domiciled outside the OAPI Member Stat es can register only through an agent appointed 
in one of the Member States
80, or under the procedures laid down in the international protection 
systems administered by the World Intellectual Property Organization (WIPO).  For persons domiciled in Chad, applications are filed with the In dustrial Property and Tech nology Division of the 
Ministry of Commerce, Industry and Handicrafts.  Once the application has been received by its 
Director-General, the OAPI initiates the procedure, records the application and examines it.  Any 
decision to reject an application may be app ealed to the High Commission for Appeals, whose 
decision is final.  For some forms of protection su ch as a patent, the relevant rights remain in force 
subject to payment of the requisite fees to the OAPI.  Between 2002 and 2006, five patents and five 
trademarks were registered, together with  37 trade names and three industrial designs. 
                                                     
 
78 Ordinance No. 24-73 of 9 July 1973. 
79 Ordinance No. 015/PR/88 of 14 July 1988 ratifying the agreement on the establishment of the 
African Intellectual Proper ty Organization (OAPI).  
80 The lists of approved agents are available on  the OAPI web site (h ttp://www.wipo.oapi.net). WT/TPR/S/174 Trade Policy Review 
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(c) Copyright and related rights 
88. In addition to the provisions contained in th e Bangui Agreement, copyright and related rights 
are protected by Law No. 005/PR/2003 of 2 May 2003.  This legislation has been harmonized with 
Annex VII to the revised Bangui Agreement (1999) and with the relevant provisions of the WTO 
TRIPS Agreement.  Moreover, unde r the Constitution, the State must provide for the promotion and 
protection of the national cultural herita ge, as well as literary and artistic works. 
89. The Chad Copyright Bur eau (BUTDRA) registers copyright in all kinds of cultural works 
such as musical scores, books and periodicals, pa intings and theatrical productions.  BUTDRA's 
implementing regulations are in preparation, and as of October 2006 no right had yet been registered. 
(d) Enforcement 
90. The revised (1999) Bangui Agreement contai ns provisions relating to sanctions for 
infringements of intellectual property rights.  In the area of copyright and related rights, the provisions 
of Annex VII concerning the effective protection of rights are supplemented by  those of the Chadian 
copyright legislation.  The application of the rules of the Bangui Agreement on the protection of rights 
is the responsibility of the national authorities.  In  the event of a dispute, only the competent public 
prosecutor's office can institute criminal proceedi ngs following the lodging of a complaint by the 
injured party.  The fines attached  to offences were sharply increased at the time of revision of the 
Bangui Agreement to enhance their deterrent eff ect;  some terms of imprisonment were also 
lengthened (Table III.9).81  Repeat offenders may now receive terms of imprisonment ranging from 
one to six months. 
Table III.9 
Fines and terms of imprisonment under the Ba ngui Agreement (1977) and its revision (1999) 
Offence Bangui Agreement (1977) Revised Bangui Agreement (1999) 
Infringement of patents Fine of CFAF 30,000 to 50,000 and, if the offence is 
repeated, a term of imprisonment of 1 to 6 months Fine of CFAF 1,000,000 to 3,000,000 and, if 
the offence is repeated, a term of 
imprisonment of 1 to 6 months 
Infringement of utility models Fine of CFAF 30,000 to 180,000 and, if the offence 
is repeated, a term of imprisonment of 1 to 6 monthsFine of CFAF 1,000,000 to 6,000,000 and, if 
the offence is repeated, a term of 
imprisonment of 1 to 6 months 
Unlawful exploitation of registered trademarks Fine of CFAF 50,000 to 150,000 and/or a term of 
imprisonment of 1 month to 1 year Fine of CFAF 1,000,000 to 3,000,000 and a 
term of imprisonment of 3 months to 2 years 
Unlawful use of compulsory marks and prohibited signs Fine of CFAF 50,000 to 100,000 and/or a term of 
imprisonment of 15 days to 6 months Fine of CFAF 1,000,000 to 2,000,000 and a 
term of imprisonment of 15 days to 6 months 
Infringement of industrial designs Fine of  CFAF 50,000 to 300,000 and, if the offence 
is repeated, a term of imprisonment of 1 to 6 monthsFine of CFAF 1,000,000 to 6,000,000 and, if 
the offence is repeated, a term of 
imprisonment of 1 to 6 months 
Infringement of rights in trade names Fine of CFAF 50,000 to 300,000 and/or a term of 
imprisonment of 3 months to 1 year Fine of CFAF 1,000,000 to 3,000,000 and/or 
a term of imprisonment of 3 months to 2 years
  Table III.9 (cont'd)
                                                      
81 Under the 1977 Bangui Agreement, no penalty could be applied if, at the end of a period of 
five years from the filing of the application for a patent , the patent had not been worked.  This provision was 
eliminated in the revised Bangui Agreement (1999). Chad WT/TPR/S/174 
 Page 49 
 
 
Offence Bangui Agreement (1977) Revised Bangui Agreement (1999) 
Infringement of rights in 
geographical indications Fine of CFAF 50,000 to 300,000 and/or a term of 
imprisonment of 3 months to 1 year Fine of CFAF 1,000,000 to 6,000,000 and/or 
a term of imprisonment of 3 months to 1 year
Layout-designs (topographies) of 
integrated circuitsa n.a. Fine of CFAF 1,000,000 to 6,000,000 and/or 
a term of imprisonment of up to 6 months 
Protection of new plant varieties n.a. Fi ne of CFAF 1,000,000 to 3,000,000 and/or 
a term of imprisonment of 1 to 6 months 
n.a. Not applicable. 
a The regime under the revised Bangui Agreement is not in force. 
Source : WTO (2006), Trade Policy Review – Congo . 
91. Under the CAEMC Customs Code (Article 52) , the importation of counterfeit products is 
prohibited.  In practice, despite the sharp increas e in penalties sparked by the revision of the Bangui 
Agreement, particularly for counterfeiting offences, the deterrent effect seems to have been limited, 
mainly because of the inadequate resources availa ble to the enforcement services, including the 
customs administration.  It seems that even pharmaceuticals are often counterfeited.82  It was recently 
found that the same applies to batteries and certa in industrial designs.  There is no collaboration 
between the OAPI National Liaison Structure (SNL) and the customs services.  The SNL's (current) 
role is mainly to determine whether the products  submitted to it are or are not the subject of an 
industrial property right.  At present, the SNL is conducting awareness-raising campaigns against 
counterfeiting. 
                                                      
82 See University College London Hospitals, Hospita ls for Tropical Diseases, information online.  
Consulted at:  http://www.thehtd.org.