WORLD TRADE  
ORGANIZATION  WT/TPR/M/223 
23 February 2010 
 (10-0981) 
Trade Policy Review Body 
11 and 13 November 2009  
 
 
 
TRADE POLICY REVIEW 
 
NIGER AND SENEGAL 
 
Minutes of Meeting  
 
Chairperson:  H.E. Mr Istvan Major (Hungary) 
 
 
  Page 
 
I. INTRODUCTORY REMARKS BY THE CHAIRPERSON 3 
II. OPENING STATEMENT BY THE REPRESENTATIVE OF SENEGAL 4 
III. OPENING STATEMENT BY THE REPRESENTATIVE OF NIGER 7 
IV. STATEMENT BY THE DISCUSSANT 9 V. STATEMENTS BY MEMBERS 13 
VI. REPLIES BY THE REPRESENTATIVES OF SENEGAL AND NIGER AND 
ADDITIONAL COMMENTS 35 
VII. CONCLUDING REMARKS BY THE CHAIRPERSON 55 
 
Note:   Advance written questions by WTO Members and the replies provided by the Governments 
of Niger and Senegal are reproduced in document WT/TPR/M/223/Add.1 and will be 
available online at http://www.wto.org/ english/tratop_e/tpr_e/tp_rep_e.htm.  WT/TPR/M/223 
 Page 3 
 
 
I. INTRODUCTORY REMARKS BY THE CHAIRPERSON  
1. The second Trade Policy Review of Niger and the third Trade Policy Review of Senegal were 
held on 11 and 13 November 2009.  The Chairpers on H.E. Mr Istvan Major (Hungary) welcomed the 
delegation of Senegal, headed by  Mr Amadou Niang, Minister of Trade, the delegation of Niger, 
headed by Mr Amadou Soumana Gouro, Secretary Ge neral of the Ministry of Trade, Industry and 
Standardization, and the discussant H.E. Mr Abdelwaheb Jemal (Tunisia). 
2. The Chairperson recalled the purpose of the Trad e Policy Reviews and the main elements of 
the procedures of the meeting.  The reports of Niger and Senegal were contained in document 
WT/TPR/G/223 and those of the WTO Secretariat in document WT/TPR/S/223. 
3. Questions posed by the following delegations had been communicated in writing at least 
two weeks before the meeting and had been passed on to the delegations of  Niger and Senegal:  
Brazil;  United States;  and European Communities. 
4. The following delegations had submitted wr itten questions after the expiration of the 
two-week deadline:  Mexico and India. 
5. The Chairperson noted that the documentation pr epared for this Review indicated that the 
economies of Niger and Senegal had,  respectively, enjoyed growth averaging 5 per cent per year since 
their last Review in 2003, due in part to economic , including trade, reforms supported by development 
partners.  Since 2001, both countries had established frameworks for the reduction of poverty to attain 
the Millennium Development Goals by 2015, w ith concrete advances being achieved.  The 
establishment of the customs union of the West African Economic and Monetary Union (WAEMU), of which Niger and Senegal were both memb ers, had significantly progressed.  All WAEMU 
countries were also part of the 15 member Econo mic Community of West African States (ECOWAS), 
whose customs union was slowly taking hold.  ECOWAS and WAEMU had harmonized elements of 
their trade regimes, including their common external  tariffs;  however, if implemented, the ECOWAS 
fifth tariff band could lead to an add itional higher rate on food products. 
6. Niger and Senegal had progressed in reforming their regimes on government procurement and 
technical regulations, and in liberalizing thei r telecommunications and banking subsectors.  
Nonetheless, its landlocked location and the severe cl imatic conditions of the Sahara remained key 
constraints on the development of Niger.  Sene gal had greatly increased the amounts devoted to 
subsidizing agricultural production since f ood security had become a national goal. WT/TPR/M/223 
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II. OPENING STATEMENT BY THE RE PRESENTATIVE OF SENEGAL 
7. For more than a decade Senegal has been introducing important measures designed to 
liberalize the trade sector.  Thus, to take greater a dvantage of the expansion of international trade and 
achieve sustainable integration into the global economy, it has adopted the principle of freedom of trade and industry as the basis of its trade policy. 
8. Likewise, over the years, reforms undertaken as part of the march towards emergence have 
led to the establishment of a world class business en vironment which in 2009 lif ted Senegal into first 
place among the reforming countries in Africa and fifth place globally.  These reforms are intended to make Senegal a preferred home fo r foreign direct investment. 
9. At the same time, inflationary trends linked w ith the rises in energy prices recorded in recent 
years have had an adverse effect on the national productive sector. 
10. Thus, Senegal's trade deficit has been increasing, especially since 2006. 
11. In these circumstances, the Government's prim ary objective was to counteract the country's 
strong tendency to remain a net importer. 
12. Accordingly, the State is in the process of im plementing a trade development strategy based 
on the recommendations of the Poverty Reduction Stra tegy Paper (PRSP), the Integrated Framework 
and the Accelerated Growth Strategy. 
13. The aim is to consolidate, by 2015, Senegal' s integration into the regional and global 
economies, by bringing the trade balance into equilibrium and then into surplus and making 
satisfactory provision for the supply of the domestic market. 
14. The strategy is four pronged, being designed (i ) to improve market access;  (ii) to intensify 
regional integration within WAEMU, ECOWAS and the African Union;  (iii) to develop production 
capacity and expand the range of e xports, in conjunction with export pr omotion;  and (iv) to help 
develop competition and improve distribution channels throughout the national territory. 
15. As a founder member of ECOWAS and WAEMU, Senegal is playing an active part in the 
process of integration with a view to establishing a West African common market involving, in 
particular, the elimination of customs duties betwee n member States;  the removal of technical and 
administrative barriers to trade;  the introduction of a unified system of customs duties;  the removal 
of all obstacles to the free movement of persons  and services within the Community;  and the 
introduction of a common monetary system. 
Strengthening of production and supply capacities 
 16. In order to build up production and supply capacities, the State is implementing sectoral 
policies aimed at establishing a durable basis for competitiveness in the agricultural, industrial, 
mining and energy sectors, as well as in the tourism, crafts and telecommunications sectors, which have huge potential. 
17. More specifically, in the agricultural sector , the Government is in the process of 
implementing the Major Agricultural Offensive fo r Food Security (GOANA) whose main objectives 
are to meet the challenge of food sovereignty, o bviate any risk of scarcity or famine and ensure 
plentiful production.  WT/TPR/M/223 
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Improvement of the business environment 
 
18. In this connection, it should be recalled that Senegal has adopted important measures aimed at 
establishing a world class business environment. 
19. These measures involve, in particular:  the improvement and simplification of customs 
procedures, more especially by developing informa tion technology;  the streamlining of judicial 
procedures;  better coordination in the field of in tellectual property;  a quality assurance policy based 
on standardization;  reform of the framewor k for government procurement founded on good 
governance practices;  and the strengthening of inv estment promotion through the establishment in 
2003 of the Presidential Investment Council (CPI), which provides a framework for a public/private 
partnership for the purpose of proposing reforms to promote private investment in Senegal. 
Participation in international trade negotiations 
 
20. Senegal is participating in tr ade negotiations at bilateral, regional and multilateral levels. 
21. At regional level, the negotiations mainly c oncern the finalization of the ECOWAS Common 
External Tariff and the conclusion of the Economic Partnership Agreement with the European Union. 
22. At multilateral level, Senegal is  participating in the Doha R ound negotiations as an LDC.  In 
this regard, it should be noted that Senegal is not  yet deriving the full benefit from its involvement in 
the multilateral trading system.  The concerns e xpressed relate, in particular, to:  the rapid 
implementation of the special safeguard mechanis m (SSM) granted to the LDCs to protect their 
agricultural sectors under serious threat from impor ts from developed countries;  the possibility for 
the LDCs to adopt support measures, even if they  did not use such measures during the reference 
period, to combat poverty, minimize the impact of price volatility and increase productivity;  the strengthening of production a nd supply capacities, including export diversification;  the 
implementation of duty free and quota free access to the markets of developed countries and those of 
developing countries able to provide such access, on a sustainable basis;  the simplification and 
harmonization of rules of origin;  the appropriate tr eatment of matters relating to the offer of LDCs, 
such as the effective implementation of the provisi ons of the SPS and TBT Agreements relating to 
technical assistance for capacity building in the deve loping countries and LDCs ;  appropriate handling 
of the threat posed by preference erosion;  the im plementation of the ministerial decisions on services 
which invite the developed countries to open up thos e sectors and modes of supply that offer benefits 
to the LDCs;  implementation of the amendment of  6 December 2005 to Article 31 of the Agreement 
on Trade Related Aspects of Intellectual Property Right s.  The main purpose of this amendment is to 
enable the poorest countries that are incapable of manufacturing drugs domestically to obtain access to cheaper generic drugs produced under compulsory licence. 
Technical assistance and capacity building needs 
 
Enhanced Integrated Framework 
 
23. As a least developed country, Senegal intends to take advantage of the programme governed 
by the Integrated Framework for Trade Related Technical Assistance in order to increase its 
production and supply capacities and to  become better integrated into the multilateral trading system. 
24. Accordingly, Senegal is endeavouring to id entify priority projects and programmes for 
submission to the bilateral and multilateral developm ent partners with a view to the provision of 
funding.  To that end and in accordance with the "g uidelines" of the Enhanced Integrated Framework, 
the Ministry of Trade is in the process of establishing the institutional mechanism. WT/TPR/M/223 
Page 6  
 
25. Senegal is working to update its Diagnostic  Trade Integration Study (DTIS) dating from 
2002.  The action matrix will also be reviewed to ta ke account of the Government's current concerns 
in respect of economic and social development 
Aid for Trade 
 26. In accordance with Article 57 of the Hong Kong Ministerial Declaration, Senegal is working 
to operationalize Aid for Trade.  In this context, Senegal has participated actively in the two sessions 
devoted to the Global Review of Aid for Trade. 
27. Moreover, at the subregional level, Senegal is participating in the work carried out within 
WAEMU to identify capacity-building projects and programmes considered as trade-related 
development priorities.  WT/TPR/M/223 
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III. OPENING STATEMENT BY THE REPRESENTATIVE OF NIGER 
28. As you are well aware, the objectives assigned to the trade policy review are laudable in the 
sense that they enshrine transpar ency and predictability in the management of Members' trade 
policies.  This is also the basi s for Niger's participation in the current exercise which follows upon 
Niger's first trade policy review in 2003, when I had likewise the honour to lead my country's 
delegation. 
29. Niger is a Sahelian country covering an area of 1,267,000 km2 of which two thirds is located 
in the Saharan zone.  It is a la ndlocked country bordering on Algeria and Libya in the north, Chad in 
the east, Nigeria and Benin in the south, and Burkina Faso and Mali in the west.  Thus, it acts as a link 
between the countries of the north of the Sahara and those of the south. 
30. The population was estimated at 13.9 million in 2008, having grown at an average rate of 
3.3 per cent since 1988.  The average age is very young with 47.6 per cent of the population under 15 years old. 
31. Niger's GDP structure is characterized by the predominance of the informal sector in an 
economy based on the agriculture and mining. 
32. In terms of growth, annual average growth was 5.6 per cent over the period from 2005 to 
2008. 
33. After this brief overview, I will refrain from ma king any further reference to the details of 
Niger's Government report, document WT/TPR/G/223. 
34. I will merely recall its main components, name ly:  the macroeconomic framework;  the trade 
policy objectives and instruments;  the improveme nt of the business environment and the principal 
related reforms;  and the current ambitious project s relating to infrastructure, telecommunications, 
transport, energy and mining, etc. before turning to the particular issue of the improvement of the 
business environment. 
35. The Government has adopted several measures and introduced important reforms to improve 
the business environment. 
36. These include the elimination of almost all monopolies, price liberalization and the 
establishment of free competition, the abolition of  import licences and the removal of non tariff 
barriers, the elimination of export duties, and the adoption of the Common External Tariff (CET) within the WAEMU framework. 
37. In order further to incentivize economic deve lopment, Niger has drawn up and adopted an 
Investment Code, the benefits of which are availabl e, for a renewable period of five years, to any 
natural or legal person, regardless of nationality,  exercising or wishing to exercise an economic 
activity that created value added, in accordance with  certain fairly flexible eligibility criteria. 
38. This code bestows several advantages, in bot h the investment and operational phases, and in 
particular exemptions from duties and taxes.  The in vestor can also transfer any income and acquire 
and exercise all rights of any description, and no  expropriation or nationalization measure will be 
taken against him. 
39. Moreover, the Mining Code and the Petroleum Code offer the investor important specific 
advantages in the corresponding sectors. WT/TPR/M/223 
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40. To provide further support for these measures,  in 2003 the Government set up the National 
Council of Private Investors (CNIP). 
41. By providing an effective frame work for public private partnership, the CNIP has made it 
possible to take a number of decisions, includi ng that to abolish the permit which foreigners 
previously had to obtain to engage in any economic ac tivity and that to reduce the cost and duration of 
the process of starting up an enterprise or obtaining access to land. 
42. There can be no doubt that these various measur es have all made significant contributions to 
progress in improving the business environment, previously strewn with constraints of all kinds on private initiative, from whichever direction it came. 
43. Niger's aim in adopting all these measures, and ma ny others still to come, all in the nature of 
incentives, is to facilitate the exploitation of an  enormous economic potential that offers numerous 
business opportunities for the investor. 
44. In fact, Niger has an abundant potential in th e mining sector, with uranium reserves estimated 
at 226,000 tonnes, coal reserves of about 5 million tonnes, and promising evidence of reserves of oil 
and gas;  and in the agricultural sector, with cash  crops such as niebe, onions, gum arabic, etc. 
45. In 2007, Niger's livestock population has been es timated at 33 million head, with a value of 
about CFAF 200 billion.  This means that the livest ock sector also offers numerous opportunities for 
the investor, with hides and skins, live cattle, the construction of cold storage abattoirs and dairies, 
etc. 
46. The crafts, tourism, transport, telecommunications and housing sectors, among others, also 
abound in potential and attractive business opportunities. 
47. Clearly, Niger is making efforts to liberalize its economy further, at both regional and 
multilateral levels. 
48. Niger remains convinced that the LDCs could benefit from international trade. 
49. However, to do so they still need the technical  assistance of the WTO to enable them to 
master and implement the main agreements. 
50. It is particularly to be hoped that the special and differen tial treatment in fa vour of developing 
countries and LDCs will be strengthened and that the Doha Round will provide a specific response to 
the development concerns of the LDCs.  WT/TPR/M/223 
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IV. STATEMENT BY THE DISCUSSANT (H.E. MR ABDELWAHEB JEMAL 
(TUNISIA)) 
51. The Secretariat report, which is to be comme nded for its clarity, thoroughness and pertinence, 
together with the opening statements delivered so  clearly by their excellencies the heads of the 
two delegations, has shown that these two countri es with LDC (least developed country) status 
recorded similar economic performances, with grow th rates for the period 2003-2008 of 5 per cent for 
Niger and 5.1 per cent for Senegal. 
52. Where Niger is concerned, its economic and fi nancial development has, in general, been 
characterized by relatively modest performances th at still depend on the results of an agricultural 
sector strongly influenced by a particularly harsh climate.  Thus, as already mentioned, the average 
annual growth rate for the period 2003-2008 has b een 5 per cent.  According to the government 
report, it was 9.5 per cent in 2008, as compared with only 3.5 per cent in 2007.  This recovery in 2008 
is due to the good performance of the primary sector, pa rticularly agriculture, together with a surge in 
investment, both private and public.  Per capita GDP, estimated at US$276 in 2007, fell by 0.8 per 
cent in 2004 due to two natural factors, drought a nd the locust plague.  However, it soon rebounded, 
with a rate of 7.4 per cent in 2005. 
53. Thus, Niger, with a poverty index of 62 per cent in 2008, has been able to reach the 
completion point under the Heavily Indebted Poor Countries Initiative, which enabled it to finalize the 
cancellation of US$1.2 billion of its debt in 2004 a nd then, in 2006, to become eligible under the 
Multilateral Debt Cancellation Initiative.  It has also drawn up and implemented an Accelerated 
Development and Poverty Reduction Strategy, to provide a frame of reference for its economic, 
financial and social policy in 2008-2012. 
54. The situation is almost the same in Senegal, where various strategies and initiatives made it 
possible to reduce the incidence of poverty from 57 per cent in 2000 to 46 per cent in 2006. 
55. Senegal introduced major reforms to improve the business climate by adopting a new 
Government Procurement Code in  April 2007, together with other measures to encourage and 
facilitate foreign investment.  Moreover, it is  not by chance that "Doing Business 2009" ranked 
Senegal in first place among the reforming countries in  Africa and fifth in the world.  According to 
the Senegalese authorities, this is confirmation of  their intention to make Senegal a world class 
business environment and a preferred destination for foreign direct investment (FDI). 
56. It would be interesting to know what obstacles (challenges) still stand in the way of their 
achieving this goal?  
57. Niger and Senegal mentioned that the growth of their respective economies in 2009 would be 
marked by a slowdown, or indeed stagnation, in certain important (secondary and tertiary) sectors, 
due to the impact of the globa l economic and financial crisis. 
58. Since their last review in 2003, Niger and Sene gal, with the assistance of their principal 
economic partners, have pursued th e implementation of their poverty reduction strategy in accordance 
with the Millennium Development Go als (MDG) set for 2015, in particul ar, with a view to halving the 
incidence of poverty. WT/TPR/M/223 
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59. It would be useful to know:  (1) What obstacles still stand in the way of the poverty 
reduction commitments undertaken by the two countries. (2) What has been the impact of the global economic and financial crisis on the eco nomies of the two countries and how they are 
contending with it?  
60. Integration is a very important consideration for Niger and Senegal.  It is incorporated, 
primarily within the framework of the West Afri can Economic and Monetary Union (WAEMU), in a 
well advanced programme of moneta ry integration, which is operati ng smoothly thanks to the Central 
Bank of West African States (BCEAO), a Convergen ce, Stability, Growth and Solidarity Pact and a 
multilateral surveillance system.  Again according to th e Secretariat report, Niger has met four of the 
five primary convergence criteria, as compared with two for Senegal.  
61. At the same time, the two countries have pursu ed their economic integration in a broader 
context, namely, the Economic Community of West African States (ECOWAS), whose objectives are similar to those of WAEMU. 
62. Within the context of subregional and regi onal integration, tari ff harmonization made it 
possible to extend to ECOWAS, from 2006, the app lication of the Common External Tariff (CET) 
adopted in 2000 by WAEMU. 
63. In fact, the ECOWAS CET reproduces the tariff structure of the WAEMU CET, with four 
categories of products whose rates are spread acro ss four bands ranging from 0 to 20 per cent (0 per 
cent, 5 per cent, 10 per cent, 20 per cent).  Acco rding to Senegal's report, however, pursuant to 
ECOWAS recommendations, a "fifth 35 per cent band" has been created to protect products with high 
local content potential. 
64. The two countries deserve sincere congratulations  for the extent of the tariff binding they 
have achieved, the coverage being almost 97 per cen t for Niger and total for Senegal, though it should 
be noted that Senegal is currently having difficu lties in meeting its tariff commitments, difficulties 
which would only be aggravated by the pending  adoption of the fifth 35 per cent band under 
ECOWAS. 
65. How does Senegal intend to handle this situation?  
66. The Secretariat report also mentions anot her problem.  The WAEMU customs valuation 
regime reproduces, a priori in full, the correspondi ng WTO Agreement.  However, Niger and Senegal 
use a national list of products subject to minimu m or reference values when imported, which is 
inconsistent with the two countries' commitments under the WTO. 
67. Can the two delegations clarify this point?  
68. The problems of import restrictions are also noted in the Secretariat report.  In Niger, 
following an outbreak of avian influenza, the impor tation of poultry and its by products from areas 
recognized by the World Animal Health Organizati on (OIE) as being infected has been banned since 
December 2006.  Senegal, for its part, has ba nned their importation from all origins, including 
countries not on the OIE affected list, since November 2005. 
69. The Secretariat report also points out that dur ing the harvest period, for social reasons, 
Senegal restricts imports of certain foodstuffs such as potatoes, rice, tomatoes, etc. to facilitate the 
sale of the domestic crop.   WT/TPR/M/223 
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70. Do these measures reflect difficulties experi enced by the two countries in marketing 
domestic products?  What assistance do they  need in this respect?  Are these measures 
compatible with WAEMU and ECOWAS regulations?  
71. Within WAEMU and ECOWAS regimes have al ready been largely harmonized or are in 
process of harmonization.  Progress has been made on sectoral policies, especially for certain 
categories of services.  However, the application of  the texts harmonizing the various policies has still 
to become effective. 
72. Banking and insurance services in the two count ries are a model of successful integration.  
These sectors are governed by the WAEMU common banking regulations and by the Inter African 
Insurance Markets Conference (CIMA) Code.  
73. Moreover, the Secretariat report notes that, with  the exception of protection measures at the 
WAEMU border, the national authorities are still respons ible for other agricultural policy instruments.  
In 2004, Senegal introduced subsidies and these were  increased substantially in the 2008-2009 season 
following the adoption of the Major Agricultural Offe nsive for Food Security (GOANA).  In addition, 
Senegal is still giving protection that goes be yond the WAEMU CET for local agri-food products. 
74. What  link is there between national agricultural policies, particularly in the case of 
Senegal, and WAEMU and ECOWAS community policies?  
75. For its part, Niger has large known mineral reserves , particularly of uranium and oil.  It plans 
to develop local processing of uranium, exports of which constitute a major source of foreign 
exchange. 
76. How does Niger intend to achieve this?  
77. The services sector occupies a strong position in both countries.  In Senegal, services have 
been one of the engines of economic growth thanks  to the robust performance of transport services 
(which has benefited the tourism sector) and telecommunications services. 
78. Could the two delegations explain the impact of the financial crisis on the services sector 
in the two countries?   
79. Where Niger is concerned, it is important to ra ise the question of transport, which remains a 
crucial element for the development of trade.  Thus, along with the problems associated with the country's landlocked situation, the Secretariat report notes that transport services are for the most part provided by road or river as Niger has no railways and air services are infrequent.  To these difficulties must be added the problems linked with telecommunications services.  Hence the importance of prioritizing the development of this sector. 
80. As Members of the WTO, Niger and Sene gal are participating in the Doha Round 
negotiations, despite their shortage of human a nd financial resources, which makes it difficult for 
them to play their part effectively as full Members of the Organization. 
81. Both countries receive several forms of tec hnical assistance from the WTO and are eligible 
for the trade policy courses.  However, in its report the Secretariat notes that this technical assistance 
needs strengthening to enable the two countries to ta ke greater advantage of their participation in the 
multilateral trading system. WT/TPR/M/223 
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82. What  are the precise needs of the two countries where technical assistance is concerned?  
83. Niger and Senegal are also eligible for the European Union's "Everything But Arms" (EBA) 
initiative and the programme est ablished by the United States under the African Growth and 
Opportunity Act (AGOA) and other initiatives.  Ho wever, operators in the two countries make very 
little use of the preferences offered under these programmes. 
84. What  is the reason for this?  
85. To conclude, today's review is revealing two countries which, although different, are alike in 
their readiness to face the challenges with great courag e and determination.  In their untiring efforts to 
bring their economic and social development polic ies to fruition, Senegal and Niger are setting an 
example for the entire continent.  WT/TPR/M/223 
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V. STATEMENTS BY MEMBERS 
BRAZIL 
 
86. Senegal's commerce with Brazil has increased  approximately 240 per cent in the last 
six years, having reached US$184 million in 2008.  Although the trade balance has traditionally 
shown Senegal's deficit, it is important to notice th at Brazil's imports from Senegal have considerably 
increased, giving us hope that we are on the way to  revert prevailing imbalances.  In 2008, Brazil 
imported US$6.38 million, a sizeable increase in rela tion to previous years' figures.  Brazil's main 
exports to Mozambique are soybean oil, sugar and rice, whereas Brazil has imported essentially 
fertilizers. 
87. With a view to contributing to the developm ent of Senegal, Brazil has been engaging in 
technical cooperation projects in the fields of agriculture, health and science and technology, covering, for instance, horticulture development in dr y areas, biofuels, cattle raising, the fight against 
falciform anemia and information and communicati on technologies.  Through our cooperation in 
agriculture related issues, Brazil intends to help Senegal in achieving its objectives in the framework 
of the Major Agricultural Offens ive for Food Security (GOANA). 
88. It is also important to refer to the fertile  cultural cooperation between the two countries, 
reflecting the fact that Senegal constitutes one of th e main icons of the cultural imaginary of the Afro 
descendent Brazilian community.  In this respect, we would like to stress that Brazil is very grateful 
for being guest of honour in the World Festival of Bl ack Arts, which will take in Dakar in the coming 
month of December. 
89. As regards Niger, bilateral commerce, a lthough still modest, has significantly increased 
during recent years.  In 2002, bilateral trade flows totalled only US$37 thousand, reaching almost US$3 million two years later.  In August of this year, bilateral commerce had already expanded to 
US$4.6 million.  Brazil's main exports to Niger consis t essentially of iron and steel sheets, as well as 
doses of meningitis vaccine, but also include machinery and cereals.  Niger, for its part, exports 
especially parts of automobile seats. 
90. We are of the view that there is still room for the intensification of our bilateral trade and the 
Brazilian Government is committed to  exploring possible ways of achieving this goal.  Brazil is also 
willing to develop technical cooperation with Niger,  which could initially focus on health, an area in 
which we can share successful experiences. 
91. Brazil notes with satisfaction Niger and Senega l's efforts to participate in the multilateral 
trading system and their commitment to a successful conclusion of the Doha Round.  We fully share, 
in this respect, the concerns expressed in the G overnment Reports of the two countries regarding the 
need to eliminate export subsidies and consider ably reduce domestic support to farmers in the 
developed countries. 
92. Brazil agrees that in spite of the liberaliza tion of the trade policy undertaken by both Niger 
and Senegal and their support to the Doha Roun d negotiations, the two countries are not yet fully 
benefiting from their involvement in  the multilateral trading system.  Unfortunately their efforts have 
not been met by reciprocal measures in terms of elimination of distortions and restrictions in 
developed countries, technical barriers to trade, sa nitary and phytosanitary measures and complicated 
rules of origin.  Such measures would greatly assist  Nigerian and Senegalese exports and allow for a 
larger participation in world trade. 
93. Niger and Senegal deserve praise for their steps towards closer conformity with WTO rules.  
Brazil is in agreement with their Government Repor ts concerning the role of trading partners in 
ensuring that their markets should be open to goods and services of interests to them and with the WT/TPR/M/223 
Page 14  
 
relevance of trade related technical assistance, which can also address the issue of supply-side constraints, as highlighted in the Secretariat's Report.  We are confident that both countries will 
achieve full conformity with WTO ru les when those conditions are met. 
94. It is also important to point out Nigerian a nd Senegalese active participation in regional and 
preferential trade agreements.  Brazil supports the idea of regional integration, as we are deeply 
involved in such processes in South America.  We believe that these initiatives should always be 
anchored in an open regionalism, leading to a better insertion in the global trading system. 
UNITED STATES 
 
95. The United States recognizes the trade and developm ent efforts of Niger and Senegal.  Both 
countries have been beneficiaries of our African  Growth and Opportunity Act (AGOA) and our 
Generalized System of Preferences (GSP) program.  Th is is consistent with our view that trade is a 
key component of development.  We have provided grants to each country through the 
US Millennium Challenge Corporation.  Each of these programmes offers broad opportunities to both 
countries to pursue their economic well being.  We would also encourage the governments to further 
your leadership in the region by championing the be nefits of open trade and the advantages of the 
rules based trading system.  We urge both governments to review your regional and bilateral obligations in light of the WTO Agreements (inc luding the Customs Valuation Agreement).  We hope 
that this TPR will factor into your efforts towa rd opening markets and achie ving economic reform and 
into your strategies for meeting the challenges of the global marketplace. 
96. Today, I would like to share a few thoughts about each government's trade and investment 
policy regimes, and their impact on development. 
Niger 
 
97. The Republic of Niger and the United States have generally enjoyed close and friendly 
relations since Niger attained independence on 3 August 1960.  Although USAID does not have a 
Mission in Niger, $30 million in annual official ai d is administered through American and local 
non-governmental organizations with programmes ad dressing food security, health, local governance, 
youth training, girls' education, corruption c ontrol, and improving the business environment. 
98. With per capita income of about $270, Niger is one of the poorest countries in the world 
ranking at the bottom of the United Nations Huma n Development Index.  The economy is based 
largely on subsistence crops and livest ock that face Mother Nature's implacable will, and some of the 
world's largest uranium deposits that, nonetheless, fa ce the challenges inherent in commodity prices. 
99. The good news for Niger is that recent global pr ice increases have led to higher revenues for 
its uranium sector, which provides approximately 55.4  per cent of national export proceeds.  Even so, 
we must remain mindful of the risks that relia nce on a single commodity can pose for an economy.  
Niger enjoyed substantial export earnings and ra pid economic growth during the 1960s and 1970s;  
however, when the uranium led boom ended in  the early 1980s the economy stagnated. 
100. Exploitable deposits of gold are known to exist in Niger.  In 2006, gold was Niger's third 
most important export.  Niger also has oil potentia l.  But exploration and production in the Agedem 
block, where Niger's largest oil deposit resides, are essential if the benefits from such potential are to 
be realized.  In addition, substa ntial deposits of coal, phosphates, iron, limestone, and gypsum also 
have been found in Niger.  Again, the conditi ons necessary for their exploitation must be found. 
101. We understand that the government of Niger ac tively seeks foreign private investment and 
considers it key to economic growth and develo pment.  And, the government has undertaken a 
concerted effort to revitalize the private sector by  revising the investment code, the petroleum code,  WT/TPR/M/223 
 Page 15 
 
 
and the mining code with a view to attracting investors.  Yet, privatization of the state-owned electric 
utility and the national oil distribution company remain on indefinite hold. 
102. While we acknowledge the government's effort s to promote open markets, improve the 
nation's business environment, expand trade and investment, reduce poverty, promote regional 
integration, and facilitate the integration of Nige r into the global economy, it seems that additional 
reforms are necessary.  The investment climate, acco rding to the Secretariat's report, has not improved 
since Niger's first TPR.  The 2010 World Bank Doing Business Report ranks Niger 174 out of 
183 economies, thereby reflecting the challenges of doing business in Niger.  And, as the Secretariat's report states, Niger's current socio political crisis  can only exacerbate this difficult business climate.  
Niger's tourist industry, for example, has been ruined by unrest in its northern territory. 
103. To quote from the Secretariat's report, "The nega tive points," with respect to the investment 
climate, "are serious and numerous."  The most  salient relate to g overnance and persistent 
infrastructure problems, and the United States hop es for improvements that will lead to a more 
positive evaluation in the coming year. 
104. To its credit, the Nigerian government seems to  be taking action to reduce corruption and, as 
the result of a participatory process encompassing civil society, has devised a Poverty Reduction 
Strategy Plan that focuses on improving health, prim ary education, rural infrastructure, agricultural 
production, environmental protection, and judicial re form.  According to the Secretariat, within the 
framework of its Plan, Niger hopes to obtain trade re lated technical assistance to be better able to 
participate in and benefit fully from the multilateral tr ading system.  The Secretariat advises that since 
its first review in 2003, Niger has been benefiting from a number of activities carried out by the WTO 
and other international organizations such as th e IMF, the World Bank, and UNCTAD, designed to 
help boost its international trade.  Niger particip ates in the Integrated Framework and has had the 
benefit of a Diagnostic Trade Integration Study (D TIS).  Senior representatives of Niger have also 
participated in numerous WTO activities during the re view period at both the national and subregional 
levels, and new activities are planned.  One importa nt way that the United States has supported Niger 
is through the Millennium Challenge  Corporation.  Under a $23 million grant, Niger is implementing 
various reforms, focusing its efforts on promoting gi rls' education, fighting corruption, and improving 
the business environment. 
105. Turning to regional integration, we would like to draw particular attention to the Secretariat's 
mention of ongoing negotiations within the Ec onomic Community of West African States 
(ECOWAS) to adopt a common external tariff (CET) with a 35 per cent rate, rather than the lower 
20 per cent CET rate of the West African Economic  and Monetary Union (WAEMU) CET rate.  The 
higher tariff structure of the proposed ECOWAS CET may inhibit the competitiveness of certain 
industries and may not encourage investment in ot hers.  Furthermore, desp ite regional integration 
measures, the level of intra ECOWAS  trade has remained low.  It would seem, therefore, that raising 
the CET would be ill advised. 
106. The United States will continue to encourage trade and poverty reduction in Niger.  We 
would take this opportunity to note, however, th at the United States is increasingly concerned that 
President Tandja's recent actions have not only d ealt a severe setback for de mocracy in the country 
but also could hinder the progress made by Niger on the economic front. 
Senegal 
 107. Since the Republic of Senegal's last Review  in 2003, the government has implemented 
reforms to improve the nation's business environmen t and to attract much needed foreign direct 
investment.  The government of Senegal has pursued  an open trade policy as a means to spur greater 
economic growth and development.  President Wade's liberal agenda for Senegal includes WT/TPR/M/223 
Page 16  
 
privatizations and other market opening measures.  We encourage the government to continue to 
pursue this course. 
108. Senegal plays a significant role in regional a nd international affairs and our two governments 
maintain friendly relations.  The United States  provides considerable economic and technical 
assistance to the nation, and we support Senegal's economic development and reform efforts through 
bilateral and regional assistance programmes.  Our assistance programme focuses on promoting 
economic growth by expanding microfinan ce and business development services and 
commercializing natural and non traditional pro ducts;  improving local delivery of services and 
sustainable use of resources;  increasing use of decentralized health services;  and improving middle 
school education, especially for girls.  The Un ited States provided $55.9 million in development 
assistance to Senegal in fiscal year 2008.  Senegal is in the first year of implementation of a five year, 
approximately $540 million compact with the Mille nnium Challenge Corporation.  Signed on 16 
September 2009, this compact is aimed at reduc ing poverty and investing in economic growth by 
improving agricultural productivity,  transportation, and water resources management.  The assistance 
it offers responds specifically to many of the goals  that Senegal, itself, identified in its poverty 
reduction programme. 
109. Senegal's economy has grown consistently at ra tes close to 5 per cent since the mid 1990s, 
although the nation continues to cont end with external factors, such as the rise in energy prices, in 
addition to rainfall variations, in ternational tourist demand and variable commodity prices.  Fish, 
phosphates, and peanuts (in the form of peanut o il) are major exports, with tourism an important 
additional foreign exchange earner.  As of 2008, US foreign direct investment stock in Senegal 
totalled $18 million.  In 2008, total bila teral trade in goods totalled $155 million. 
110. Senegal's development potential seems clear.  W ith its capital city of Dakar located on the 
westernmost point of Africa, Senegal is a gatewa y to the continent and has some of the best 
transportation, telecommunications, and communication infrastructure in West Africa.  Senegal has well developed though costly port facilities, an inte rnational airport serving 28 international airlines 
that serves as a regional hub, and a reasonable tele communications infrastructure, including a fibre 
optics backbone and cellular phone  penetration approaching 15 per cent of the population. 
111. Nonetheless, Senegal's commercial climate is challenging for companies accustomed to a 
business environment where the driving forces remain fair competition, transparent rules, and a level 
playing field.  For example, there is a perceived lack of transparency in the allocation of public 
contracts.  In addition, the judicial system seems to be time consuming and expensive, and allegations 
of corruption have tarnished the image of the judici ary.  Also, Senegal's bureaucracy is perceived to 
be significantly burdensome. 
112. The World Bank ranks Senegal as 157 out of  183 countries in its "Doing Business 2010" 
report.  Nonetheless, the report points out that Se negal's reform efforts have resulted in improved 
processes at the container terminal, shortening the ti me required to move containers from the port of 
Dakar.  The report further notes that trade has also been facilitated by improvements to the 
computerized customs system and the expansion of  the number of agencies included in the network. 
113. The United States is encouraged by the governme nt of Senegal's efforts to increase private 
sector development and continue structural reform.  We look forward to hearing about and discussing 
the pace of these reforms as well as the timing of the next phase of Senegal's reform programme during the course of this review. 
114. As a relatively small market of 11 million consumers with an average per capita GDP of 
$709, Senegal's ability to attract investment remains cr itical.  For this reason, in order to promote its 
economic efficiencies, Senegal must reinforce them in the process of regional integration.  Adopting a 
high common external tariff cannot be an effective strategy for the West African region as a whole,  WT/TPR/M/223 
 Page 17 
 
 
nor for Senegal or Niger, respectively, to take a dvantage of the global marketplace.  We, therefore, 
hope that both nations will consid er seriously the wisdom of seeking a lower tariff approach to 
regional integration. 
115. For that matter, we hope that Senegal and Ni ger will continue to insist on open markets 
internationally, and actively seek the creation of  new market access opportunities for their products 
through the Doha Round negotiations.  The United St ates remains committed to  achieving a balanced 
and ambitious completion of the Round as soon as po ssible.  But we cannot accomplish this alone.  
We look forward to working with Niger and Senega l to achieve the creation of new trade flows and 
the meaningful market opening required to acco mplish trade generated economic growth and 
development in Africa and in all countries. 
116. We also believe that much work remains to be  done to foster more open trading and economic 
environments that promote greater competitivene ss, export diversification, and, perhaps most 
importantly, much needed investment. 
EUROPEAN COMMUNITIES 
 
Macroeconomic environment  
117. Since the last Trade Policy Review in 2003, the two countries have enjoyed sustained 
economic growth, even though the consequences of the economic and financial crisis will weigh on 
growth during the current year. 
118. The EC would like to stress Senegal's adoption of  its Accelerated Growth  Strategy in 2006.  
The pursuit and implementation of structural reforms in order to create a business friendly 
environment are essential for improving the country's productive capacity and diversifying its economic base. 
119. In this connection, the EU would be inter ested to learn the opinion of the Senegalese 
government on the results of this Strategy and any changes needed to improve them further, 
particularly in terms of the business climate.  The EC  would also like to know what policies have been 
adopted to improve the management of the public finances and, more generally, economic governance 
and to correct non budgetary overruns. 
120. In Niger's case, a macroeconomic and structur al reforms programme for the period 2008-2010 
was drawn up within the framework of its Accelerated De velopment and Poverty Reduction Strategy.  
The EC would like to obtain information concerning th e plans to continue with structural reforms and 
the present priority objectives. 
121. The EC would also like to be informed of th e measures envisaged for pursuing the efforts to 
improve governance and the redistribution of national wealth.  The EC has also noted the strong presence of the informal sector in the Senegalese and Nigerian economies and would be interested in 
knowing what measures the respective gove rnments have taken in this regard. 
Trade policy and regional integration 
 
122. All the reforms adopted will have to fit, in pa rticular, within the framework of the regional 
integration process in the two countries, at ECOWAS (Economic Community of West African States) and WAEMU (West African Economic and Monetary Union) levels. 
123. In this connection, the EC would like to stress  the importance of improving the application of 
the community provisions concerning, in partic ular, the framework of the customs union under 
construction, the establishment of a CET (com mon external tariff) in accordance with the WT/TPR/M/223 
Page 18  
 
two countries' multilateral commitments, and the m easures necessary at macro economic and sectoral 
levels, so as to comply with the convergence criteri a.  The creation of regional markets is of special 
importance for Niger, a landlocked country with a relatively limited domestic market. 
124. The Economic Partnership Agreem ent (EPA) negotiations are clearly aimed at giving fresh 
impetus to regional integration.  With the other St ates of the West African region, Senegal and Niger 
are currently in process of negotiating with the EU  an economic partnership agreement that would 
strengthen the framework of trade and economic relations between the two regions and bring 
development to Senegal, Niger,  and West Africa in general. 
125. As has already been pointed out, Senegal a nd Niger face numerous challenges and need 
outside technical support, including in the area of trade. 
126. The EC and its Member States have long been c ontributing such support, in particular through 
the operational technical assistance currently be ing provided within the context of the 10
th EDF 
(European Development Fund).  Community support is focused on transport infrastructure, rural 
development, regional integration, capacity building in relation to the manage ment and supervision of 
the public finances, and poverty reduction. 
127. For example, the budget of the indicative multi annual programme for Senegal under the 
10th EDF for addressing these priorities is about €288 million.  Likewise, Niger's national indicative 
programme provides for €98 million of support for in frastructure of national and regional importance, 
€62 million of support for growth in rural ar eas, and €13 million of specific support for the 
development of trade, in addition to suppo rt for governance and general budget support. 
128. That said, in the light of the current political  crisis, the European Union has just initiated 
consultations for serious violation of certain essentia l elements of the Cotonou Agreement by Niger.  
In the meantime, aid has been frozen.  It should also be noted that aid, though necessary, is no 
substitute for trade and investment as the main engine of development. 
129. This provides me with the starting point for various thoughts and comments that I would like 
to share with you concerning the trade regimes of Se negal and Niger, their policies and their practices. 
130. The first concerns the regime for the protection of intellectual property rights .  The Secretariat 
report notes that there have been no major changes in Senegal or Niger in this respect.  However, it 
should be pointed out that count erfeiting and piracy are omnipresen t in Niger and in Senegal and 
sometimes threaten human safety and health, as in the case of counterfeit pharmaceuticals.  
Consequently, the EC is encouragi ng Senegal and Niger to create an environment that helps to ensure 
respect for intellectual property rights.  In this conn ection, the EC would like to know what measures 
the two countries are planning to step up the anti-piracy and counterfeiting campaign. 
131. The second area of interest for the EC is transport services .  Better management of the 
existing infrastructure is vital if enterprises are to be made more competitive, particularly in the case 
of Niger, given its landlocked situation and, as noted  by the Secretariat, the illicit practices and lack of 
competition in its road transport services.  Special  importance attaches to ensuring the conditions of 
competition, so as to facilitate trade and development.  In particular, the EC would like to know what 
trade facilitation measures the two countries are intending to adopt in this respect. 
132. Finally, the EC strongly urges Senegal and Niger to play an active part in the WTO.  In 
particular, the EC notes that their notifications to the WTO  only partly cover their various trade policy 
instruments and in most cases are not up to date.  The two countries should endeavour to increase the 
number of notifications so as to fulfil their obligat ions.  The EC also expects Senegal and Niger to 
take all the necessary steps to strengthen their economic and trading capacities to ensure their 
sustainable development.  These efforts will be more  likely to bear fruit if the two countries become  WT/TPR/M/223 
 Page 19 
 
 
more closely involved in the regional integration process and the WTO system.  In this connection, 
the EC would like to remind Senegal and Niger of  the major advantages they would derive from a 
positive conclusion to the Doha R ound negotiations, particularly in the area of trade facilitation . 
MEXICO 
 133. Mexico would like to stress its good bilateral relations with the two Members, Niger and 
Senegal, whose trade policies are being reviewed.  Mexico's remarks will mainly concern Senegal, 
although Niger has also had to face serious difficulti es with the modernization and diversification of 
its economy, as well as in coping with the effects of harsh climatic conditions and fluctuations in the 
prices of its exports. 
134. Mexico notes with satisfaction that Senega l has continued to promote economic policies 
aimed at stimulating private initiative, attracting i nvestment and developing domestic markets, a trend 
already identified in the previous review. 
135. Measures to eliminate price controls, export s ubsidies and quantitative restrictions, together 
with privatizations and reforms designed to enc ourage competition, are essential if the process of 
diversification of production is to be pursued and the Millennium Goals are eventually to be attained, 
even under very adverse global business conditions. 
136. It is encouraging to note that Senegal's gro ss domestic product progressed at an average rate 
of 5.1 per cent during the period 2003-2008, thanks to the development of private investment in the 
tertiary sector, particularly in the recently deregul ated transport and telecommunications sectors, as 
well as in other sectors that rely on information technology. 
137. The economic and financial crisis has dampened the rate of expansion, although, according to 
the IMF, the economy again grew by 1.5 per cent in 2009 and is expected to grow by 3.4 per cent in 2010.  At present, the main challenge facing Senegal is that of designing strategies and reforms that 
would reduce an unemployment rate of close to 50 per cent and improve the tax system so as to 
release the resources needed by the State to implem ent social policies capable of improving the living 
conditions of the population. 
138. Mexico considers that the opening up of trade s hould continue to form an integral part of 
Senegal's development and poverty reduction policy and should follow two complementary paths:  
regional integration and insertion into the global trad ing system.  In relation to the former, Mexico 
notes the progress made with regional initiatives such  as the West African Economic and Monetary 
Union (WAEMU), the Economic Community of W est African States (ECOWAS) and the African 
Union.  In relation to the latter, Mexico wishes to stress the need to arrive at a more stable and 
predictable trading system, which would have much  to gain from the successful conclusion of the 
Doha Round and the consolidation of its "early harvests", which could prove advantageous for the 
developing and particularly th e least developed countries. 
139. Measures to facilitate the transit of goods and si mplify customs and administrative procedures 
are just as – and sometimes even more – important than the actual elimination of customs duties and 
other barriers to trade.  In this connection, Me xico has noted improvements in the verification of 
goods for import, measures which have made the cleara nce process much more efficient.  As another 
example of the advantages of improving the infrastructure and using it more effectively, we could mention the fact that, according to the Secretar iat report, the work done on the Dakar Bamako 
highway made it possible to triple the container traffic along that route between 2004 and 2006. 
140. With regard to measures affecting imports, Me xico has two sets of questions for Senegal's 
distinguished Minister for Trade:  (1) Are the tariff preferences granted under WAEMU, which have 
to receive the prior approval of the WAEMU Co mmission, restricted solely to certain importing WT/TPR/M/223 
Page 20  
 
and/or exporting enterprises?  What are the chances of a new market entrant obtaining such approval?  
(2) What are the formalities for obt aining an Internet service provide r's (ISP) licence?  How long does 
it take to complete these formalities?  How many prov iders of this type of service are there at present? 
141. Finally, in Mexico's opinion, despite the progr ess made in recent years, the process of opening 
up to trade and investment needs to be taken even  further, if productivity is to be strengthened, 
exports diversified and the investment flows necessary for development attracted. 
INDIA 
 
142. Niger boasts some of Sahara's most beautiful du nes, ancient trans Sahara trade route towns of 
Agadez and Zinder.  Lonely Planet Guide describes th e people of Niger as the "Planet's most stoic and 
resilient citizens". 
143. We note that Niger has been pursuing its effort s to achieve harmonious integration with the 
regional economic and trade associations, WAEMU a nd ECOWAS.  We would like Niger to inform 
us of concrete progress achieved in these efforts since its last Review. 
144. The IMF Mission to Niger in September noted th at Niger's economy has largely been spared 
from the global economic and financial turmoil.  Ne vertheless, economic growth is expected to slow 
down to 1 per cent in 2009 as a result of the declin e in agricultural production, despite buoyant non 
agricultural growth.  We would like the delegation of Ni ger to share with us its specific plans to tackle 
impact of economic slowdown. 
145. Niger's population has nearly doubled in the last two decades.  This is an opportunity as well 
as a challenge to Niger's development strategies in the social-economic sectors.  We would appreciate 
to hear from Niger its specific plans to address this  situation including diversification of its economy 
and how it proposes to go about job creation for its fast increasing workforce. 
146. India-Niger relations since the previous Review  have continued to grow.  There have been 
several ministerial visits from Niger to India.  India has since opened a resident Mission in Niamey.  Indo-Niger trade has potential for further growth a nd we believe with the opening of Indian Mission 
there, trade, investment ties will witness a further boost.  India has extended lines of credit to Niger 
for agriculture, transport and power sectors, and provid ed technical assistance.  India will continue to 
engage actively with Niger through expansion of its  trade, investment ties and collaboration in human 
resource development. 
147. From now on, I seek your indulgence in case you find bias in my statement in respect of 
Senegal.  This bias is the result of my visits to Senegal in late 1990s and the magic of the golden voice 
of Youssou N' Dour.  What a great treat it is to just close your eyes and listen to his song "Birima".  
How true is the belief of Leopold Senghor that th e exchange of knowledge through culture is an 
invaluable asset to civilization. 
148. I was stunned by Senegal's beauty during my vis its to Dakar and the countryside in the late 
1990s.  My visit to Ile de Gorée  was the most humbling one.  A walk on this island's pathways, 
looking out of a tiny window opening into Atlantic brought to mind the horrors of the past.  It is also 
remarkable that Senegal and Afri ca since then has come a long way,  and its liberation is the most 
important development of the 20
th Century.  We believe the 21st Century will witness resurgence of 
Africa. 
149. It is heartening to note from Senegal's Report that its trade policy has made steady drive 
fostering trade and investment since its last Re view.  The Secretariat Report has also brought out 
clearly that Senegal has made considerable progress in its programme for the State's withdrawal from 
the economic activities.  The Report of the latest IM F Mission to Senegal has noted that the country is  WT/TPR/M/223 
 Page 21 
 
 
beginning to experience the effects of the global economic crisis and the main causes are declining 
remittances and commodity prices, external demand and foreign direct investment.  It would be 
interesting to hear from the delegation of Senega l in greater detail the magnitude of the economic 
crisis as well as specific plans envisaged by Senegal to confront this crisis.  We hope Senegal would 
maintain spending on infrastructure investment and soci al sectors intact in order to benefit from trade 
and improving living conditions of its people. 
150. India-Senegal relations are warm, friendly and growing and have various mechanisms 
including a bilateral Joint Commission to further promote them. 
151. A number of bilateral and regional projects have been undertaken by India in Senegal.  It was 
in the context of the Agriculture Development Proj ect for rice and cotton sector in Senegal, I had the 
privilege to visit Dakar and implement these projects. 
152. The Indian investments have increased in automotive, transport, agriculture, and 
pharmaceutical sectors.  The largest investment from India in Senegal is in Industries Chimique du 
Senegal .  India Senegal trade is rapidly expanding.  India along with France is among the top two 
trading partners of Senegal.  Se negal's exports to India outperform India's exports to Senegal.  We 
consider this as a positive development and do not wi sh to register any concern in this regard. 
153. India is privileged to be associated in hum an resource development in Senegal and Niger 
through training under Indian Techni cal and Economic Cooperation programme. 
AUSTRALIA 
 
154. We note and welcome the growth in Niger's and Senegal's economies in the period from 2003 
to 2008, resulting in a strengthening of both count ries policy objectives in reducing poverty by 50 per 
cent for 2015.  Australia recognizes the Millennium De velopment Goals (MDG) as a priority area and 
supports both countries efforts to accelerate the progress towards these goals. 
155. We also note Senegal's positive performance as an emerging economy and its ranking as one 
of the best performing sub-Saharan African countries. 
156. Australia is working to broaden and deepen its  engagement with Africa and trade has grown 
steadily over the past years.  We share a common in terest with many countries in Africa, including 
Niger and Senegal, in the area of minerals and en ergy, both development and trade in these sectors.  
We would be interested in hearing first ha nd the major challenges in developing these sectors 
particularly in relation to exports.  The major ity of bilateral merchandise trade in 2008 between 
Australia and Senegal was through the exports of sp ecialized machinery, civil engineering equipment, 
electrical circuit equipment and pumps for liquids and parts.  Merchandise trade with Senegal has 
increased progressively in the period from 2003 to 2008. 
157. Australia has also moved to establish diplomatic  relations with a number of African countries 
and in May of this year a signing ceremony was held in New York for the establishment of diplomatic 
relations with Niger.  This formal relation that  we are confident will provide new opportunities for 
achieving bilateral trade and investment objectives. 
158. There is widespread recognition of  the importance of trade and inv estment for Africa's future.  
Australia recently increased development assistan ce to Africa as a whole by over 40 per cent (from 
$116 million in 2008-09 to $164 milli on in 2009-10).  This enhanced  aid programme will include 
support for progress towards the MDG in areas where Australia has specific experience and expertise 
- such as in agriculture and food security, matern al and child health, mi ning and natural resource 
management. WT/TPR/M/223 
Page 22  
 
159. Australia also welcomes Niger's and Senega l's participation in and commitment to the 
multilateral trading system and their support for conc lusion of the Doha Round.  This recognition of 
the importance of trade policy to economic developm ent is welcome and is a useful underpinning to 
both countries domestic reform efforts.  Australia is committed to assisting all WTO members to participate effectively in the multilateral trading system.  Australia has provided duty and quota free 
access for all products from all Least Developed C ountries (LDCs), including Niger and Senegal, 
since 2003.  Earlier this year we more than doubled our annual contribution to the WTO for development assistance activities. 
CHILE 
 160. In recent years, that is, since their last trad e policy review, Niger and Senegal have enjoyed 
sustained and constant economic deve lopment, at a level higher than that recorded up until the time of 
the first review in 2003.  This positive outcome can  be largely attributed to the two countries' 
attachment to the multilateral trading system under th e aegis of the WTO and to the efforts deployed 
at regional and subregional levels , mainly within the framework of the Economic Community of West 
African States and the West African Economic and Monetary Union. 
161. Within this benign context of growth, we welcome the measures taken by the two countries to 
work towards the objectives proposed for 2015 w ithin the framework of the Millennium for 
Development.  To achieve these objectives, they will need not merely to maintain the structures for 
intensifying and facilitating trade bu t to redouble their efforts, especially in view of the current 
economic and financial situation. 
162. We are also pleased to hear of the growth in pu blic and private investment and the increase in 
FDI from which these countries have benefited, albeit in different proportions.  As indicated in the 
report, the measures adopted to create a favourable c limate for investment have clearly helped.  The 
facilitation of business start-ups, the rationalization of customs formalities and the simplification of 
the tax regime, for example, are all steps in the right  direction.  Similarly, we consider that specific 
incentive measures will help to achie ve the same objectives, provided they are designed and applied 
in such a way as not to have a distorting effect on trade. 
163. Finally, a few words concerning the bilateral fr amework.  Our trade with the two Members is 
not very substantial.  Where Senegal, in particular , is concerned, trade grew at an average rate of 
227.21 per cent per year between 2000 and 2008.  Chil e's main exports include machinery, fibreboard 
and lubricants. 
EGYPT (ON BEHALF OF THE AFRICAN GROUP) 
 
164. The Secretariat report indicates that the average rate of growth was 5.1 per cent over the 
period 2003-2008 for Senegal, and 5.0 per cent for Ni ger, mentioning that Senegal's economic growth 
has been mainly attributable to the expansion in  mobile telecommunications, transport services, and 
construction, while Niger' s economic performance is still determined by the outcome of its harvests, 
which themselves are subject to the harsh climatic  conditions.  It furthermore mentions that the 
structure of Niger's trade has hardly changed sin ce the last Trade Policy Review in 2003, and uranium 
is still the leading export, while Senegal has become a major exporter of petroleum products. 
165. We were not able however to detect any menti on of the impact of the economic and financial 
crisis on their economies in the Secretariat report, but we consider that Niger and Senegal represent a 
good example of LDC members that have been hard  hit by the economic and financial crisis, and 
merit the full support of WTO Members. 
166. At the forefront of Niger's and Senegal's concerns at the WTO is access for their exports to 
overseas markets, and minimizing the effects of the erosion of the trade preferences currently enjoyed  WT/TPR/M/223 
 Page 23 
 
 
by their limited number of exports.  This entails  the support of all the WTO Members to further 
develop their economies through trade, by granting preferential trade arrangements to imports from LDCs.  Issues of importance to LDC Members shoul d be given the necessary priority in the Doha 
Round negotiations. 
167. Bearing in mind the priority of economic integr ation to Africa, we also urge WTO Members 
to positively contribute to strengthening the West  African Economic and Monetary Union (WAEMU) 
created in 1994, which also includes Benin, Burk ina Faso, Côte d'Ivoire, Guinea Bissau, Mali and 
Togo, Niger and Senegal. 
168. Furthermore, in addition to the importance of the Aid for Trade initiative in supporting 
Niger's and Senegal's trade efforts, the African group also urges the strengthening of WTO 
trade-related technical assistance, for it continues to  be important in enhanci ng their integration into 
the multilateral trading system via technical assistan ce and capacity building programmes, and help in 
enabling the two countries to take greater advantage of their participation in the multilateral trading 
system. 
169. The above mentioned support is of more urgency in light of the twofold effects of the global 
economic and financial crisis, wh ich will have a long-term negative effect on the competitiveness of 
the African economies. 
MAURITIUS 
 
170. The two African countries before us are no strangers to Mauritius.  Through our common 
membership and active participation in regional an d international organizations such as the African 
Union, the ACP and the Organization Internationale de la Francophonie , to name but a few, our 
countries share the same drive and commitment to th e development priorities of our people, especially 
through appropriate and effective trade policies.  In this respect we welcome and commend the two 
delegations for their strong engagement in the DDA negotiations. 
171. Despite being one of the poorest countries in the world, Niger, since its last review in 2003, 
has continued its pursuit of structural reform s and economic liberalization and we applaud the 
Government's efforts in developing and implemen ting an economic developm ent strategy known as 
the Accelerated Development and Poverty Reduc tion Strategy (ADPRS) which is understood to 
constitute the country's economic, financial and social policy reference framework for the period 
2008-2012.  The development of such a comprehens ive framework focusing on basic health care, 
primary education, HIV/AIDS prevention, rural infrastructure, and other programmes geared at 
poverty reduction and the achievement of the Mi llennium Development Goals deserves our full 
support. 
172. We have also taken good note that despite  the inherent vulnerabilities and challenges 
highlighted by Mr Gouro and the fact that the economy of Niger is based largely upon internal 
markets, subsistence agriculture, and the export of  raw commodities, Niger has taken initiatives to 
work towards stabilizing its business climate, crea ting conditions for healthy competition, improving 
the quality of its local products and improving access to credit in order to create an environment attractive to investors and to demons trate its openness to global trade.  It is our understanding that to 
improve the business environment, the government ha s developed an action plan in collaboration with 
the World Bank and the private sector's representa tives.  The Government has thus committed to 
taking measures to reduce from eleven to eight the steps required to start a business for example and 
to improve essential business services , such as electricity supply.  The Government of Niger has to be 
commended for its efforts and its firm conviction that in order to reduce poverty it has to take 
advantage of the many opportunities associated with  global trade.  International trade can expand 
markets, facilitate competition and disseminate knowledge which can catalyse economic growth and WT/TPR/M/223 
Page 24  
 
human development.  Trade can also raise produc tivity and increase exposure to new technologies, 
which can also drive growth.  However, none of this is automatic. 
173. In this respect my delegation cannot but recall the dramatic negative effects of the economic 
and financial crisis on vulnerable African economies and takes this opp ortunity to reiterate that an 
early and successful conclusion of the Doha Developm ent Round, with real development at its core, 
has become imperative for increas ed trade capacity building in developing countries, especially in 
LDCs.  The DDA should therefore target the stre ngthening of special and differential treatment 
provisions and market access preferences for count ries such as Niger, as well as the introduction of 
supply side support measures. 
174. Current trade strategies comprise a prominent part of development strategies and these have 
certainly conditioned the development and poverty reduction strategies of an increasing number of 
countries.  This is certainly the case of Senegal.  Since its last review in 2003, Senegal has continued 
its structural and sectoral adjustment programmes.  The broad objectives of these programmes have been to facilitate growth and development by re ducing the role of government in the economy, 
improving public sector manageme nt, enhancing incentives for the private sector, and reducing 
poverty.  The implementation of the Poverty Re duction Strategy Paper 2006-2010 which serves as a 
template for the formulation of economic policies to  achieve growth and combat poverty and used as 
a basis for mobilizing resources and refocusing State development activities on clearly defined objectives is highly commendable. 
175. The Government of Senegal has also taken impor tant steps to develop and make its business 
environment more attractive by undertaking major re forms in its customs and judiciary procedures 
and focusing on strengthening its legislation in the ar ea of intellectual property.  The Government of 
Senegal should also be congratulated for its adoptio n of a strategic plan establishing a quality based 
standardization policy which should of course im prove access to foreign markets for Senegalese 
products.  In this respect, the Government's efforts towards investment promotion are also noted with 
appreciation.  The institutionalization of a public/p rivate partnership for the purpose of formulating 
reforms to promote private investment in Senega l which has already led to the simplification of 
import and export procedures and simplification of ownership transfer procedures as well as improved 
and strengthened labour laws are all steps in the ri ght direction for improved trade facilitation.  Given 
the very strong and warm bilateral ties which ex ist between Mauritius and Senegal my delegation 
believes that such outreach initiatives will only stre ngthen the trade and economic relations between 
our two countries. 
176. My delegation wishes to conclude by stating th at it takes good note of the concerns expressed 
by the Governments of Niger and Senegal in ach ieving their development objectives in the current 
global economic climate.  In this respect we wish to highlight the importance of the operationalization 
of aid for trade as an effective vehicle for the m eaningful integration of LDCs into the multilateral 
trading system.  Aid for Trade should work toward s supporting LDCs to mainstream trade into their 
national development strategies, establishing broa d based consultation processes involving the private 
sector, civil society organizations and relevant gove rnment agencies to formulate trade strategies, 
develop action matrices, and formulate priority proj ect proposals.  We therefore urge all delegations 
present to take into due consideration the con cerns and specificities of LDCs when discussing 
improved market access opportunities for all developing countries. 
BURKINA FASO 
 
177. Allow me first to remind you of the role played by Ambassadors Adani Illo of Niger and 
Babacar Carlos Mbaye of Senegal in our various  groups, in particular, the African, LDC and ACP 
groups in the WTO and within the United Nations system, in making their respective countries better 
known.  WT/TPR/M/223 
 Page 25 
 
 
178. To return to this Trade Policy Review, in describing Niger's macro economic framework the 
WTO Secretariat report notes that in 2008 the countr y recorded an exceptional rate of growth of 
9.5 per cent due essentially to the good performance of  the primary sector and the strong expansion of 
private and public investment.  Obviously, as in ot her countries in the subregion, the international 
economic and financial crisis depressed Niger's pe rformance in 2009, with economic growth being 
estimated at 3 per cent.  Since its last Trade Polic y Review in 2003, Niger, with the assistance of its 
main development partners, has pursued a policy of structural reforms and economic liberalization.  
This policy has enabled it to achieve a number of satisfying results, such as admission in 2006 to the 
multilateral debt relief initiative, enrolment in  the Millennium Challenge Account Threshold 
Programme, etc. 
179. At WAEMU level, Niger has undertaken to meet the economic convergence criteria defined 
by that organization. 
180. To promote direct foreign investment, Niger has adopted and implemented a policy of 
improving the business environment in the judicial and financial areas and with respect to competitiveness and tax reform. 
181. As for Senegal, since its last Trade Policy Revi ew it has pursued its market opening policy by 
endeavouring to promote an environment favourable to trade and investment and by supporting the Doha Round multilateral trade negotiations.  The refo rms undertaken have enabled Senegal to post 
good economic results and to enjoy a stable rate of economic growth of about 4 per cent per year. 
182. However, the structural trade gap is compromi sing Senegal's development efforts.  Like the 
other countries of the subregion, Senegal is sufferi ng the ill effects of the international economic and 
financial crisis, with GDP growth estimated at 1. 5 per cent in 2009 as compared with 2.5 per cent in 
2008.  Among the sectoral policies being applied by  Senegal to achieve food self sufficiency the 
Major Agricultural Offensive for Food Security ( GOANA) deserves special mention.  Its success will 
serve as an example for the countries of the subreg ion.  Other no less important measures have been 
taken in sectors such as industry and SMEs , mining and energy, tourism and crafts, 
telecommunications and the informal sector.  Like Niger, Senegal has also adopted a number of 
reforms in relation to the improvement of the bus iness climate and national development strategies. 
183. In the light of all these observations, my delegation would like to congratulate these 
two Members for all they have done to stimulate growth in their respective countries in order to 
achieve the Millennium Development Goals. 
184. I urge the development partner community an d Members in general to continue supporting 
these two countries. 
SEPARATE CUSTOMS TERRITORY OF TAIWAN, PENGHU, KINMEN AND MATSU 
 
185. We are pleased to see that the economies of Niger and Senegal, br oadly speaking, have 
performed well over the period under review.  More importantly, perhaps, it is good to see that these 
positive results can be attributed, in large part, to the efforts of both countries in pursuing structural 
reform and economic liberalization. 
186. In our view, for this economic growth to be made more sustainable, some action has to be 
taken to boost exports and build up a more open investment environmen t.  Senegal seems to be the 
slightly more ambitious in this respect and is moving at a faster pace, but all in all there is room for further improvement for both countries.  For example,  it could prove very worthwhile for them to try 
to take greater advantage of preferences for which they are eligible, and to increase the transparency 
of their trade and investment regimes through the notifications required by the various WTO 
Agreements. WT/TPR/M/223 
Page 26  
 
187. On the other hand, we also recognize that techni cal or "in kind" assistance is indispensable to 
least developed Member countries like Niger and Senegal for their integration into the global 
economic system.  For this purpose, we make contri butions from time to time to various funds or 
capacity building programmes designated for LDCs.  And we encourage more Members to contribute 
to these programmes so as to enable LDCs' cl oser integration into world trading system. 
188. Finally, this trade policy review has provided us with a valuable opportunity to get to know 
more about the trade and investment regimes of Niger and Senegal.  Among the things we have 
learned is that both governments have placed the reduction of poverty as the top priority on their 
policy agendas.  My delegation sincerely hopes they will achieve this goal through sustained 
economic growth. 
CHINA 
 
189. China is glad to note that over the peri od under review both Nige r and Senegal have 
registered good economic performances, with an aver age rate of growth of 5.1 per cent for Senegal 
and 5.0 per cent for Niger.  In recent years, Ch ina's relations with both Niger and Senegal have 
developed smoothly.  China Niger trade was only US$27 million in 2007.  It increased to 
US$170 million within just one year.  Bilatera l trade between China and Senegal reached 
US$400 million in 2008, almost tripling the level of  2005.  Relevant projects for Niger and Senegal 
within the eight measures announced by Chinese Pr esident Hu Jintao at the 2006 Beijing Summit of 
the Forum on China-Africa Cooperation have all been implemented, including economic aid, 
preferential loans, debt cancellation, investment, tr aining, labour service contracts and so on.  Exports 
from both Niger and Senegal as LDCs to China are already enjoying duty-free quota-free treatment. 
190. This past Monday, the Fourth Ministeria l Conference of FOCAC concluded in Sharm 
el-Sheikh, with the adoption of the Declaration of  Sharm el-Sheikh and Sharm el-Sheikh Action Plan, 
defining new programmes of cooperati on between China and Africa in th e next three years.  Chinese 
Premier Wen Jiabao attended the opening ceremon y of the conference and proposed eight new 
measures the Chinese government will take to strengthen China-Africa cooperation. 
191. They are:  first, a China Africa partnership in  addressing climate change.  China has decided 
to build 100 clean energy projects for Africa cove ring solar power, bio-gas and small hydro power.  
Second, enhanced cooperation in science and technology.  China would carry out 100 joint demonstration projects with Africa on scientific a nd technological research and receive 100 African 
postdoctoral fellows to conduct scientific research in  China.  Third, helping Africa to build up 
financing capacity.  China would provide US$10 bil lion in concessional loans to African countries, 
and support Chinese financial institutions in setting up a special loan of 1 billion dollars for small and 
medium-sized African businesses.  Fourth, further ope ning up of market to African products.  Fifth, 
enhanced cooperation in agriculture.  China would increase the number of its agricultural technology 
demonstration centres in Africa to 20, send 50 ag ricultural technology teams to Africa and train 
2,000 agricultural technology personnel for Africa, in  order to help boost the continent's food security.  
Sixth, deepening cooperation in medical care and health.  China would provide medical equipment 
and anti malaria materials worth 500 million yuan  (US$73.2 million) to the 30 hospitals and 
30 malaria prevention and treatment centres built by China and train 3,000 doctors and nurses for Africa.  Seventh, increasing cooperation in human resources development and education.  China 
would build 50 schools and train 1,500 school principals  and teachers for Africa n countries.  By 2012, 
China would increase the number of Chinese government  scholarships to Africa to 5,500, and would 
also train 20,000 professionals for Africa over the ne xt three years.  Eighth, expanding people-to-
people and cultural exchanges. 
192.
 We hope African countries, including  Niger and Senegal, will be ab le to take advantage of the 
eight new measures to improve people's livelihood and speed up their own reforms.  WT/TPR/M/223 
 Page 27 
 
 
193. China commends Senegal for its active participa tion in the work of the WTO and appreciates 
that the effective participation of Niger is hindere d by the lack of human and financial resources.  
China calls upon development part ners to help overcome this challenge by providing necessary 
assistance.  China supports the legitimate appeals by  LDCs in the Doha Round and is ready to work 
with all Members towards a balanced and pro development outcome of the round in 2010. 
NIGERIA 
 
194. Nigeria maintains close relations with the Re public of Niger based on a long shared border 
and common cultural and historical interactions.  Th e cities of Southern Niger and Northern Nigeria 
are linked by the trans Sahara trade.  The two countries formed Nigeria Niger Joint Commission for 
Cooperation (NNJC) in March 1971.  The two countri es are Members of the Niger River Authority;  
the Lake Chad Commission, ECOWAS Trade Block a nd the African Union.  Nigeria and Senegal has 
permanent bond and brotherhood for the past millenni ums and share the same culture and traditions. 
195. Nigeria is happy to note that both Niger and Senegal have adopted a strategy aimed at 
achieving the Millennium Development Goals (MDG s), set for 2015, in particular, a 50 per cent 
reduction in poverty, which is currently around 62 per cent in Niger and 46 per cent in Senegal for 
populations of 14 million and 12 million, respectively,  in 2008.  These strategies receive support from 
their development partners in the form of official  aid which we believe can be further complimented 
through aid for trade. 
196. The report further indicated that Niger and Sene gal are eligible for the African Growth and 
Opportunity Act (AGOA) and are also given preferences under the Generalized Systems of 
Preferences (GSP), although, operators in Niger and Se negal made very little, or no, use of the various 
preferences for which they are eligible.  It would be  interesting to know what efforts the two countries 
are making in order to benefit from the scheme.  Niger unlike Senegal has large potential mineral 
reserves, but remains dependent on imports to cover most of its energy needs.  Niger also plans to develop local processing of uranium, which export is its major source of foreign exchange.  My 
delegation would like to know what efforts Niger' s Government is making towards processing its 
local mineral resources with a view to increasing their foreign exchange earnings. 
197. It was noted from the report that Niger and Se negal are signatories to the Bangui Agreement 
regarding the law on geographical indications.  It wo uld be interesting to know what efforts the two 
countries are making to use geographical indi cations for their economic development. 
198. Finally, the modest level of implementation by Niger and Senegal of their WTO 
Commitments must be commended in  using trade to ensure welfar e gains for their people.  The 
delegations of Senegal and Niger have been active members of the WTO and have contributed to the 
Doha work programme.  My delegation looks towards to further collaboration in the DDA 
negotiations. 
HONDURAS 
 
199. We were pleased to read in the Secretariat re port that the two countries under review recorded 
a rate of economic growth of approximately 5 per cent, driven in Niger by agriculture and livestock 
and in Senegal by mobile telecommunicati ons and transport services and construction. 
200. We also note that the two countries have a dopted a Millennium Development Goals-linked 
strategy that provides, among other things, for the re duction of poverty, which stands at 62 per cent in 
Niger and 46 per cent in Senegal. 
201. At multilateral level, the report indicates that as Members of the WTO, Niger and Senegal 
each have their own schedule of tariff and services co mmitments.  Within the framework of the Doha WT/TPR/M/223 
Page 28  
 
Development Round, the two countri es coordinate their positions with those of the other WAEMU 
and ECOWAS member countries and with those of the LDCs, the ACP countries and the developing 
countries.  Where notifications are concerned, as they  only partly cover their trade policy instruments, 
we urge Niger and Senegal to bri ng them up to date using WTO technical assistance, in order to take 
full advantage of their participation in the multilateral trading system. 
202. Niger and Senegal enjoy non reciprocal preferentia l access to EU markets, are eligible for the 
United States AGOA programme and can benefit from the GSP.  However, few enterprises avail themselves of these preferences;  we therefore urge  the authorities to encourage the use of these 
concessions and thus place foreign trade at the service of their development. 
203. With regard to trade policy instruments, we  note that the common external tariff remains 
ad valorem  for all lines, that Niger has bound 96.9 per cent of its tariff lines and Senegal all of them, 
and that their customs valuation regimes are consiste nt with the relevant WTO Agreement.  Niger and 
Senegal have revised their govern ment procurement regimes to respond to the requirements of the 
community regime.  There have been no major cha nges in the intellectual property right protection 
regimes and the sanitary and phytosanitary regime s remain unchanged.  Finally, we would like to 
commend the authorities for the progress made in th e field of standards and for the adoption of 
numerous technical regulations. 
BENIN 
 
204. Although our immediate task is to review the tr ade policies of Senegal and Niger, we are in 
fact engaged in an exercise which, in many respect s, concerns a larger number of countries, namely, 
the eight member States of the West African Economic and Monetary Union (WAEMU), a 
subregional grouping within which Benin, Burkina Faso, Côte d'Ivoire, Guin ea Bissau, Mali, Niger, 
Senegal and Togo are endeavouring to  construct not only a community of peoples but also a coherent 
and close-knit economic and monetary area. 
205. It should also be recalled that, as well as in WAEMU, our countries are building their regional 
integration within the somewhat broader framewo rk of the Economic Community of West African 
States (ECOWAS). 
206. Thus, what affects one of the countries I have just listed also concerns the others and, in 
several respects, the realiti es are almost the same from one country to another. 
207. Moreover, this is apparent from the Secretariat report, since it indicates that since their last 
joint Trade Policy Review in 2003, Niger and Sene gal, both LDCS, have recorded similar economic 
performances. 
208. These performances have only been possible thanks  to the efforts of the national authorities 
which, as indicated in the country reports, have courageously introduced major reforms at national 
level. 
209. Where Niger is concerned, the continuing st ructural reforms and liberalization of the 
economy deserve special mention, as do the measur es relating to the strengthening of the basic 
infrastructure and major public works. 
210. The ambitious trade policy objectives pursued are also to be welcomed, in particular those 
concerned with:  (i) improving the business climate;   (ii) creating the right conditions for healthy 
competition and competitiveness;  (iii) improving produc t quality;  and (iv) creating a more attractive 
and conducive environment for investors.  WT/TPR/M/223 
 Page 29 
 
 
211. Benin would like to congratulate Niger on the good work it has done and also to wish it 
success with the ambitious projects undertaken in ar eas as strategic as mining, energy, infrastructure, 
telecommunications and information technology, transport, etc. 
212. As in the case of its sister Republic, in our opinion the efforts made to improve the business 
climate deserve special mention.  The measures taken are aimed, among other things, at:  (i) making 
the customs administration even more efficient;  ( ii) improving the legal and judicial environment;  
(iii) implementing an efficient standardization po licy that gives Senegalese products better access to 
external markets;  (iv) strengthening investment policy. 
213. Just as with Niger, the Benin delegation woul d like to congratulate Senegal too on the good 
work it has done and wish it success in the ambitious  projects undertaken in such sectors as mining, 
infrastructure, telecommunications, and energy. 
214. The efforts made by Senegal and Niger could pr ove vain if not judiciously and efficiently 
accompanied by consistent support from their development partners. 
215. Certainly, the two countries qualify, among other things, for the EU's "Everything But Arms" 
initiative and for the United States AGOA programme. 
216. However, as the Secretariat report rightly points  out, they make "very little or no" use of 
them;  this state of affairs is attributable not so mu ch to indifference as to the objective structural and 
technical difficulties that stand in the way. 
217. The two countries deserve support to help them  become better integrated into the global 
economy and to engage fully in trade, a tool for creating wealth and hence development and 
combating poverty. 
218. In this respect, Aid for Trade could constitu te, among other things, an effective means of 
enabling these States, both LDCs, to develop the trad e related capacities and infrastructure they need 
to implement and benefit from the WTO Agreements and grow their commerce. 
219. Of course, this Aid for Trade should be based  on additional, predictable and sustainable 
financing provided with account for the real needs of the beneficiaries and managed so as to produce a 
concrete and palpable impact in the field. 
220. This also seems a suitable opportunity to stress how important it is for our country, for 
developing countries in general and LDCs in particular, that the development dimension should be 
properly taken into account in the current Doha Development Programme negotiations.  In this 
connection, may we commend the active contribution that Niger and Senegal are making to the rapid 
and successful conclusion of the Doha Round, in  particular through their Permanent Missions at 
Geneva and the respective Ambassadors. 
JAPAN 
 
Niger 
 221. Japan appreciates the fact that the Nigerian  Government is in process of planning the 
privatization of its financial sector, including sev eral national banks, despite the economic difficulties 
it faces. 
222. Japan also welcomes the satisfactory management of the public finances, the fact that the tax 
revenue targets have been comfortably exceeded, and the firm control of public expenditure. WT/TPR/M/223 
Page 30  
 
223. Japan has carried out an aid project, cancelli ng debt while donating other resources, and we 
will continue to provide support for Niger, which intends to pursue economic  and financial reform 
programmes, with the backing of the World Bank and the International Monetary Fund. 
Senegal 
 224. Japan appreciates the efforts of the Governme nt of Senegal to introduce foreign direct 
investment, which will make it possible to increase private investment and remittance. 
225. Japan warmly commends Senegal for substa ntially improving the business environment, 
including its efforts to implement the stand alone service for entrepreneurs, which needs strengthening 
in certain respects. 
226. Japan is pleased to have good relations with Se negal, one of the leading countries of West 
Africa and the African Union.  We value our cooperation within TICAD and the "Cool Earth" 
partnership. 
227. We undertake to continue to provide support for Senegal to enable it to implement its 
structural and economic reforms, with the coope ration of the World Bank and the International 
Monetary Fund. 
228. Finally, for these two LDCs, the integration of "mainstreaming of Aid for Trade" into 
economic policy is important, and good use must be made of the "Enhanced Integrated Framework" 
for this purpose. 
229. Japan stands alongside the other delegates w ho have expressed support for the Doha Round, 
which will permit the enhanced integration of  these two countries into multilateral trade. 
COTE D'IVOIRE 
 
230. My delegation has examined and analysed with much interest the report reviewing the trade 
policies of two countries with which we share an economic, financial and customs union.  Our 
delegation appreciates the immense efforts made  by these countries in an increasingly hostile 
international economic environment. 
231. Because of its economic and cultural proximity an d its historical relations with Senegal and 
Niger, Côte d'Ivoire can testify to the commitment of these two countries to the promotion of development through trade.  Their authorities have  given priority to the pursuit of economic and 
structural reform within the context of the harm onious development of the member countries of the 
West African Economic and Monetary Union (WAEMU), through the establishment of a true 
development administration and a framework favourab le for business and private entrepreneurship. 
232. In short, these countries, which are seeking the pa th to development thro ugh integration into 
the multilateral trading system, deserve support an d assistance with the devising and especially the 
implementation of their development strategies. 
233. Accordingly, I would like to invite Member s and the WTO Secretariat to increase their 
support for Niger and Senegal, with a view to de veloping and densifying the physical infrastructure 
related to trade and industry through the va rious technical assistance and capacity building 
programmes and within the context of aid for trade.  WT/TPR/M/223 
 Page 31 
 
 
MALI 
 
234. Mali is a member of the same economic regi onal integration organizations as Niger and 
Senegal.  Moreover, our three countries are all LDCs ;  geographically, we are neighbours and we have 
had the same history.  In fact, our countries have all belonged to glorious West African empires, from 
the Ghana empire to the Songhai empire via that of Mali and today, more than ever, we share a 
common destiny.  A final common feature is the ex treme youthfulness of our populations, with about 
47 per cent of under fifteens, which gives some idea of  the weight of expectations for the future.  
Moreover, like Niger, Mali is a landlocked developing country. 
235. Having been colonized by the same power, our countries tried, without success, to proceed to 
independence as a group, in the form of a federation;  we understand, of course, that this is not the 
right place for a history lecture, but this brief evo cation of the past is simp ly intended to show how 
much my delegation felt itself concerned by today's exercise. 
236. The trade policies of Niger and Senegal are be ing reviewed against the background of the 
harsh consequences of the global economic and financ ial crisis.  In fact, as our countries are members 
of WAEMU (a customs union) and ECOWAS, anot her customs union under construction, it would 
probably have been useful for these organizations to have played a part in the present reviews, insofar 
as they are responsible for deciding trade policy at community level. 
237. Where bilateral cooperation is concerned, it is regrettable that our trade should be so limited 
and undiversified, because of the similarity of our  economic and industrial fabrics.  Measures should 
be agreed with each of the two countries to improve  and facilitate intracommunity trade;  I shall be 
returning to this point. 
238. From the macroeconomic standpoint, Niger and Senegal are to be commended on the results 
recorded since their last trade policy review, despite three crises - food, energy and financial, the latter 
having had dramatic consequences from wh ich our countries have still to escape. 
239. These results were made possible by the Ac celerated Development and Poverty Reduction 
Strategy (ADPRS) which forms the frame of refere nce for economic, financial and social policy in 
Niger.  The record economic growth achieved by Niger in 2008, at 9.5 per cent, proves that it has a 
real potential for growth. 
240. In Senegal, the continued implementation of  its Major Agricultural Offensive for Food 
Security (GOANA), combined with the Poverty Reduction Strategy and the Accelerated Growth Strategy, and the execution of the action plan for the regulation of the public finances should normally 
lead to the improvement of the domest ic economic and social situation. 
241. Nevertheless, the two countri es have still to contend with their heavy dependence on a 
primary sector exposed to unpredictable weather c onditions, poor infrastructure, inadequate human 
resource capacities, supply side weaknesses, etc.  Accordingly, we can only applaud the commitment 
of their authorities to integrating trad e into their development strategies. 
242. Where the business environment is concerned, my delegation welcomes the commendable 
results achieved, in particular, by Senegal, with its  first place ranking in Africa and fifth place in the 
world;  the main thing, however, is that this tre nd be maintained thanks to  rigorous management.  We 
are in agreement with the Secretariat report on the n eed to improve the business climate, but the main 
thing is to maintain the trend. 
243.
 The new emerging issues will clearly complicate the situation further by making the 
challenges even harder to confront.  They incl ude climate change with its impact on economic 
development, together with the steadily increasing de mographic pressure in our cities due, in part, to WT/TPR/M/223 
Page 32  
 
the changes induced by the natural rural envi ronment, all accompanied by the problems of 
unemployment, poverty and crime, with the result that  too often our best qualified, most mobile and 
most enterprising people follow the frequently illusory path of emigration. 
244. My delegation would encourage the authorities of  the two countries to stay committed to the 
multilateral trading system.  At the same time, we ca ll on them to intensify, in a spirit of maximum 
cohesion, the subregional economic integration process which, as I just mentioned, has been severely 
tested, particularly ECOWAS, so much so that no ne of our countries, taken individually, could be 
considered viable in the present context. 
245. It should be recalled that ECOWAS is composed of 15 member States, including 12 LDCs 
and three non-LDCs.  We hear those Members w ho have commented on the fifth 35 per cent band, 
but we believe that they will understand the need for this subregional grouping to be able to give itself 
"policy room";  the objective is precisely to prom ote the development of the processing industries in 
our countries. 
246. Basically, the problems are well known;  admittedly, as it is, our countries bear the main 
responsibility for ensuring their development, but  their need for the assistance of the developed 
countries will be greater than ever. 
247. This is the point at which to acknowledge th e cooperation of all the various development 
partners through, in particular, the EBA Initiativ e with the European Union, the AGOA with the 
United States, and the "one product, one village" In itiative proposed by Japan, but also through all the 
increasingly impressive and promising programmes put in place by the emerging countries, in particular Brazil, China, India, etc. 
248. Before ending, I would like to make an ur gent appeal to the international community, 
particularly to the developed but also to the developing countries, within the context of a strengthening of South-South cooperation. 
249. We cherish the hope that this TPR will help to achieve significant results thanks to stronger 
economic growth that gives a decisive spur to poverty reduction. 
ARGENTINA 
 
250. Argentina has important relations with Senegal and Niger in many areas, in particular, trade 
and technical cooperation, as well as within  the context of South-South cooperation. 
251. Argentina would like to highlight the effort s of the two countries to strengthen their 
development strategies, particularly as their task is  not being made any easier by the global recession.  
All these efforts are directed towards the achie vement of the Millennium Development Goals. 
252. We also wish to commend the efforts of the two countries to progress with regional 
integration, which for them constitutes an importa nt tool for development and the eradication of 
poverty. 
RWANDA 
 
253. Rwanda would like to highlight the excellent a nd friendly relations it has with both countries 
under review today.  On behalf of Rwanda, I would like to congratulate and offer our full support to 
both Senegal and Niger for a successful Trade Policy Review.  WT/TPR/M/223 
 Page 33 
 
 
BARBADOS 
 
254. The reports highlight the challenges which th e fragile economies of these two countries have 
withstood.  Barbados wishes to commend them for the progress made since their last trade policy 
review. 
255. We note that during the period under review  Senegal has developed a number of policy 
positions which have been designed to ensure gr owth in their self sufficiency, productivity and 
competitiveness.  Even though Senegal is an LDC a nd depends to a large extent on foreign aid for 
government expenditure they have undertaken consider able reform of their institutional structures.  
The reforms to the customs procedures and in ot her areas of the economy has resulted in greater 
efficiency and reduced the cost of doing bus iness in Senegal and greatly facilitated trade. 
256. Historically Senegal and Niger have faced a number of challenges which they are now 
seeking to overcome.  The current global economic a nd financial crisis will place inevitable pressure 
on and present even greater challenges to their economi es.  It is only with the continued assistance of 
their development partners that Senegal can realiz e the developmental goals outlined in their second 
Poverty Reduction Strategy Paper and that Niger can achieve its Millennium Development Goals.  
Within the WTO, we must fully operationalize the provisions within our current agreements which 
accord special and differential treatment to LDCs.  It is only through this full implementation that 
countries like Senegal and Niger will reap the full benefits of the multilateral trading system.  
Additionally we must seek to conclude the Doha  Round which promises to provide supplementary 
market access for LDCs, particularly in the area of  services which is an increasingly important foreign 
exchange earner for Senegal. 
257. These two countries have been seeking to strength en the foundations of future sustainable 
economic growth and have demonstrated a clear visi on for their future development.  We once again 
wish to commend Niger and Senegal on the e fforts made to enhance their trade policy. 
TUNISIA 
 
258. The trade relations between Tunisia and these tw o countries date back to 1962 when a trade 
agreement with Senegal was signed at Tunis.  A tr ade arrangement was also signed in 1984 and an 
additional protocol in 1986.  Trade relations with  Niger are governed by a trade agreement signed in 
1982 at Tunis.  Efforts to strengthen trade relations have continued via several initiatives and visits by 
businessmen from the two countries. 
259. My delegation would like to make the follo wing comments on the Trade Policy Review of 
Senegal and Niger.  Since the first review in 20 03, the two countries have made much progress in 
several sectors to improve the level of developmen t of their economies.  They have made noteworthy 
efforts to combat poverty, despite a very difficult gl obal environment with food  and then financial and 
economic crises and very severe climatic conditions, esp ecially in Niger.  In fact, the two countries 
have adopted various strategies and initiatives that have made it possible to reduce the poverty index. 
260. The two countries have made excellent progr ess with regional integration within WAEMU 
and ECOWAS.  They are to be congratulated on binding a very high proportion of their tariffs.  
Unfortunately, however, the application of a comm on external tariff with a new 35 per cent band 
could cause difficulties for Senegal.  The modern ization and development of their economies has 
enabled the two countries, particularly Senegal, to  boost the inflow of foreign direct investment.  
Indeed, through the adoption of a new government procurement code in 20 07 and other measures 
Senegal has succeeded in encouraging foreign investment to such an ex tent as to earn it the prestige of 
being ranked by "Doing Business" 2009 in first place among the reforming countries in Africa and fifth in the world. WT/TPR/M/223 
Page 34  
 
261. The participation of Niger a nd Senegal in our Organization deserves strengthening through 
enhanced technical assistance.  WT/TPR/M/223 
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VI. REPLIES BY THE REPRESENTATIVES OF SENEGAL AND NIGER AND 
ADDITIONAL COMMENTS 
SENEGAL 
 
262. At the 11 November session you were kind enough regularly to congratulate the Government 
of Senegal in your statements.  For the most part , you linked this expression of satisfaction with the 
fact that Senegal had taken bold initiatives aimed at  liberalizing economic activity and freeing prices 
while assuring its trading partners of good conditions  of access to its domestic market.  You also 
linked this expression of satisfacti on with congratulations on the fact that our country has taken 
important steps to mobilize private investment, in  preselected sectors within the framework of the 
ECA, sectors deemed to have a substan tial and significant supply side potential. 
263. Moreover, and this aroused in me personally and in my accompanying delegation an almost 
emotional feeling of satisfaction, almost all of  you mentioned initiatives taken by your States, 
initiatives already in process of implementation su ch as the Everything But Arms Initiative of the 
European Union, the African Growth and Opportunity  Act, and the system of preferences in effect 
since 1971.  You all referred to such i ndividual initiatives aimed at our States. 
264. You also referred to new unilateral and mu ltilateral initiatives.  The unilateral measures 
include eight new ones on behalf of Africa announced by  China at the recent summit held in Cairo.  I 
could also mention other somewhat more bilatera l measures between Brazil and China and Senegal. 
265. At the same time, you expressed concern about the operationality of these initiatives, that is 
you raised the question of whether the anticipated results, which are at the basis of these initiatives, 
are being obtained.  You wondered about the resu lts, you asked us to inform you about them.  
Moreover, in relation to the sectors in which we ar e having difficulties, you asked us to identify the 
obstacles, and above all to tell you what we were e xpecting from you in terms of technical assistance.  
Even at the 11 November session you already had some very realistic proposals, proposals offering support for sectors in which we are having technical diffi culties.  It is this gesture towards Senegal at 
our 11 November session that remains fixed in my  mind since it best expresses the profound changes 
taking place in multilateral trade relations. 
266. These changes are well rendered by the formula a ccording to which trade liberalization is not 
an end in itself but a means to an end.  After havi ng listened to you, I agree that this assertion, that 
liberalization is not an end in itself but a means to an end, is no mere formula, since I can see that you have appropriated it for yourselves.  Thus, it refl ects a wholly committed approach by the World 
Trade Organization;  moreover, it is convincing becau se it is specific, echoing the text that emerged 
from the special session of the Committee on Trade and Development held on 26 July 2002.  The 
members of that Committee formally recommended th at the General Council should agree to establish 
a monitoring mechanism for special and differential treatment, that being the nub of the matter, and 
that the Council should instruct the special ses sion of the Committee on Trade and Development to 
define, for approval by the Council, the structur e and mandate of this mechanism for monitoring 
special and differential treatment measures, with account for the proposals made by the African Group 
and the discussions of this question that took place at the special sessions of the Committee on Trade 
and Development. 
267. This was the first operational decision taken by the World Trade Organization within the 
framework of the Doha Round negotiations.  It marked  the start of a more general response to African 
and LDC concerns.  It was confirmed by th e decision adopted by the General Council on 
1 August 2004 by which the Council instructed th e Committee within the parameters of the Doha 
mandate, to address all other outstanding work, incl uding on the cross cutting issues, the monitoring 
mechanism and the incorporation of S&D treatment in to the architecture of WTO rules.  This is the 
spirit that we are already re-encountering in the WTO, in the follow on from Doha, that we WT/TPR/M/223 
Page 36  
 
encountered here the other day when you asked us , sector by sector, what were our difficulties and 
when you asked us to formulate the support measur es we need for these sectors to be emergent and 
for us to be able to bring to world trade the offe r it is expecting from us so that trade becomes an 
activity beneficial for both the developed and th e underdeveloped countries in their reciprocal 
relations. 
268. This is far removed from the time when making legal provision for the interests of the 
developing countries ran up against the central principle of the GATT system, the most favoured nation clause.  This then is what has stayed with  me from the 11 November session, the spirit, which 
explains the feeling of satisfaction that we expe rienced after that session.  I will now attempt to 
provide some answers to the questions asked on that occasion, that is on 11 November.  We tried to 
respond in writing to the 46 questions we received in  Dakar, after studying them carefully.  You were 
sent the replies to these 46 questions before the 11 N ovember and the statements that I heard on the 
11
th led me to believe that they had in fact been read by all the State representatives. 
269. I shall begin with the question put by the di scussant with the intentio n of encapsulating the 
essence of the concerns expressed in statements made before 11 November.  The first question 
concerns the obstacles which still stand in the way of Senegal's commitment to improve the business 
climate. 
270. Senegal is the second African country to establis h, in 2002, a Presidential Council with a view 
to inaugurating a direct, frank and in depth dial ogue between the President of the Republic, its 
initiator, and investors, both domestic and foreign. 
271. It is particularly important to note that one third of the members of the Presidential 
Investment Council are investors of Senegalese nati onality, one third are foreign investors established 
in Senegal and one third are foreign investors not estab lished in Senegal, that is, altogether two thirds 
are foreign investors and only one third domestic inv estors.  This provides an ideal framework for the 
identification of obstacles to the development of pr ivate investment and the constraints on Senegal's 
competitiveness;  it has made it possible to rank the difficulties we have in terms of competitiveness 
and to propose reforms.  The first reform to be undertaken and implemented was the reform of the 
Investment Code.  The new Code dates from 2004 a nd, as you know, accords special advantages, on 
the one hand, to investors organized in companies and, on the other, to investors organized in SMEs.  SMEs, subject to an investment of 15 million CFA fran cs and the creation of three to five jobs, benefit 
from the suspension of customs duties on all equipmen t required to set up their enterprise.  They also 
benefit from the suspension of VAT for three years.   Enterprises and companies that are not SMEs 
benefit from the same thing, but subject to an overall investment of at least 100 million. 
272. With the encouragement of the President of the Republic, this forum for consultation and 
analysis has promoted the formulation and adoption of an impressive number of reforms structured 
around the Investment Code, on the one hand, and re lating to the sector structured around the sectors 
entrusted to the services of the SER. 
273. The main challenge facing the CPI is the st rengthening of the system for managing and 
following up the effective implementation, by admi nistrations, of the reforms it proposes.  We have 
been ranked the first reforming country in Africa and the fifth in the world, but I can tell you now that, as we already know, in 2010 we shall not be first in Africa because following the global approach taken by the CPI and the agency for inv estment and major works, we have found that, for 
the time being, we are still having difficulties in some areas in which we have failed to progress, 
primarily, the liberalization of container transport within the precincts of the port and the surrounding 
area.  Arrangements have been made but they will not take effect before 2010, which means that with 
respect to the transport of goods within the port, and especially within the container terminal that 
Senegal has put out on concession for 25 years from August, in this respect we have not made 
progress.  WT/TPR/M/223 
 Page 37 
 
 
274. Moreover, with respect to the transfer of owne rship of real estate, that is, when you buy 
premises for your enterprise or a hou se, the time limit set for us to hold on to first place could not be 
met.  Measures were taken but thei r effect will not be felt in 2010.  Thus, we had only one registration 
centre for the transfer of real estate rights;  this was broken up into ten centres  that will serve the same 
purpose.  However, this measure will not produce r esults before 2010 so that, I can tell you now, the 
first place will be reserved for our rivals because to stand still is to lose ground. 
275. This then is what I can tell you about improvi ng the business climate:  in some areas there has 
been little movement, but the adoption of the global a pproach has enabled us to  acquire an Investment 
Code and a Free Processing Enterprise Code because in Senegal it is no longer a question of free 
processing zones but of free processing points.  Previously, we had free export zones where export 
enterprises were obliged to locate;  then, once installed in the zone, they had to export 80 per cent of 
their production.  Now, we no longer have free export zones;  instead we have free export points, that 
is to say, anyone involved in this  process can locate anywhere in Senegal and, if approved, can benefit 
from the advantages mentioned above, and many Sene galese and foreigners have already undertaken 
to set up free processing enterprises.  I will give you a reply sheet showing how the investments I 
mentioned have developed. 
276. What has been the impact of the global economic  and financial crisis on Senegal, and how is 
Senegal trying to absorb it? 
277. The first manifestation of the food crisis and th e international financial crisis originating in 
the developed countries was imported inflation.  In 2003 we had a negative infla tion rate of  0.3 per 
cent, in 2004 an inflation rate of 0.5 per cent, in 2005 an inflation rate of 1.7 per cent, in 2006 an 
inflation rate of 2.1 per cent, in 2007, when the eff ects of the crisis began to manifest themselves, an 
inflation rate of 5.9 per cent, and in 2008 an infla tion rate of 6.1 per cent.  This was the negative side, 
with all that that implies for businesses and households  which were no longer able to save and invest.  
For Senegal, however, when the crisis struck th e situation was mixed as there were also some 
indicators that were particularly positive.  Thus , the external debt had fallen from CFAF 2,530 billion 
in 2001 to only 968 billion in 2008, i.e. at the end of the crisis or as its effects were stabilizing, a 
factor which I regard as positive and which tends to  offset the data I have just provided concerning 
inflation. 
278. With regard to the progress made in relation to investment, that being the only thing that has 
sheltered us from the crisis, by giving us strong enterprises, between 2003 an d 2008 during the crisis 
period, a total of 4,059 billion in private project s was approved.  Another positive aspect of this 
private investment portfolio is the fact that, w ithin these 4,059 billion, Senegalese enterprises and I 
have already mentioned what they represent on the Presidential Investment Council - accounted for 79 
per cent of approvals, which is particularly impor tant inasmuch as Senegalese enterprises make up 
only one third of the participants in the Council. 
279. Another positive element as the crisis unfolded was the progression of private investment 
flows.  This was 71 billion CFA francs between 1998 and 2001, i.e. before the crisis, 105 billion 
between 2002 and 2006, i.e. before  the crisis, but 215 billion between 2006 and 2008, i.e. during the 
crisis.  This is another positive element that I woul d like to draw to your attention.  Moreover, the 
share of foreign direct investment in global privat e investment rose from 11.8 per cent in 1998 before 
the crisis to 19.3 per cent in 2008 after the crisis.  This is another positive element that relates to the 
period 2006-2007-2008.  These then are the elements th at I wanted to draw to your attention and 
which characterize the crisis period 2006-2007-2008.  Aggregators such as migrant transfers, foreign 
direct investment and foreign aid have regularly b een cited as some of the most vulnerable factors for 
Senegal in the context of a crisis.  Moreover, the fact that most of the industrialized countries have 
gone into recession suggested that the growth of the Senegalese economy would be automatically, 
even integrally, affected. WT/TPR/M/223 
Page 38  
 
280. The results of the study carried out in Senegal have revealed that the economic crisis has not 
had a substantial impact, at least for the moment because consideration must also be given to what 
will happen in 2010, in 2011 and la ter, taking into account developm ents in the developed countries 
where the crisis began.  The reac tions observed could even be considered relatively weak and indicate 
the comparative insensitivity of gr owth, international aid and investment, and I have just mentioned 
Senegal's investment flows which grew between  2006 and 2008.  Thus, these indicators have proved 
not to be very sensitive to the shock created by the cr isis.  In other words, and I cite the study, a 1 per 
cent fall in growth in the economies of Senegal's main partners should produc e a decline of 0.30 per 
cent in the growth of transfers to Senegal.  At th e end of September 2009, the fall in transfers, on an 
annual basis, was estimated at only 2 per cent, a resu lt with a fairly slight im pact compared with what 
might have been expected considering that Senegal is  country that supplies the rest of the world with a 
good number of emigrants. 
281. In addition, concerning the uses of GDP, it was found that investment measured by Gross 
Capital Formation would increase by 2.7 per cent in  2009 as against 5.7 per cent in 2008, indicating a 
slowdown. 
282. In the tertiary sector, a slowdown was also noted in 2008, and was to c ontinue in 2009, with 
growth expected to settle at 1.9 per cent in 2009 as ag ainst 3.5 per cent in 2008, due in particular to a 
fall of 1.4 per cent in trade, which was adversely a ffected by production problems, i.e. problems in the 
secondary sector, by the decline in imports of goods and services, especially imports of capital equipment, also affected by slack demand in a gloomy international environment. 
283. In the transport sector a downturn was likewise observed in 2009, corresponding to a decline 
in activity of the order of 28.2 per cent.  This coul d be attributed to the rail transport sector, which is 
in the middle of a restructuring process, and to the maritime transport sector, adversely affected by freight costs and also by the fall in demand due to the crisis. 
284. With respect to lodging and restaurant service s, problems persist with activity expected to 
decline by 12.7 per cent in 2009, after a previous 3. 5 per cent downturn in 2008.  This is attributable 
to the repercussions on tourist activity, which at th e end of June 2009 had suffered a fall of 6 per cent 
in tourist arrivals by air.  However, major prop osals have already been made in Senegal to boost 
tourist activity, the most important being a reduced rate of VAT of 5, 8 or 10 per cent for the tourism 
sector.  The question is being examined at WAEM U level, where our trade and economic policy is 
made. 
285. Where the financial crisis, in particular, is concerned, the measures taken by WAEMU 
include the securing of the Union's foreign exchange reserves and the surveillance of the situation of 
the credit institutions by the BCEAO.  A system for monitoring the impact of the crisis on the various 
sectors of activity, coordinated by the BCEAO, wi th a view to proposing measures to support the 
Union's economies, has also been established. 
286. Finally, it should be noted that the measure s taken by Senegal under the Economic Policy 
Support Instrument programme have enabled it to benefit from CFAF 85 billion in financial support 
from the IMF. 
287. With regard to technical assistance, the discu ssant enquired about Senegal's needs in this 
respect to enable it to take greater advantage of its participation in the multilateral trading system. 
288. To be effective and to enable Senegal to par ticipate more fully in the activities of the WTO, 
the trade related technical assistance programmes will ha ve to take account of our specific needs.  In 
this respect, it should be noted that, in connection with the technical assistance and training chapter of 
the Doha Programme, Senegal has already, in Augu st 2006, sent the WTO Secretariat a list of its 
specific needs for the following ac tivities:  training representativ es of administrations and other  WT/TPR/M/223 
 Page 39 
 
 
national players, in particular in the private sector , in the determination of special products and the 
special safeguard mechanism;  training representativ es of administrations in the use of the various 
trade protection mechanisms to which Senegal could resort if necessary;  training in safeguard, anti 
dumping and countervailing measures;  training in the issues being negotiated in relation to the 
fisheries sector with a view to building the capac ities of the various Senegalese parties concerned;  
and training in the issues being negotiated relating to rules of origin with a view to building the 
capacities of the Senegalese parties concerned. 
289. If implemented, these training measures would have supplemented the training provided 
under the WTO's overall training programme, and the two combined would have enabled Senegal to 
play a more active role in the Organization.  The needs are still there and waiting to be met by Senegal 
and its partners. 
290. Moreover, in the same year, two specific requ ests were submitted to the WTO Secretariat 
with a view to taking advantage of the Sta ndards and Trade Development Facility (STDF) and 
technical assistance with WTO notifications.  This would have made available to the External Trade 
Directorate, which is responsible for notifications , experts who could have helped its officials to 
eliminate Senegal's notification backlog.  In this  connection, we have noted all the reproaches 
addressed to Senegal and would stress the need fo r a helping hand to enable us to benefit from 
technical assistance and the support that the discussant has described,  so that Senegal can meet its 
notification obligations. 
291. The above mentioned training measures could he lp to improve the operational effectiveness 
of the National Committee on International Trade Negotiations, which provides the framework for 
concertation and makes it possible to harmonize th e positions of the various players in Senegal, 
namely, the government, the private sector and civil society.  Moreover, in order participate more fully in international trade, Senegal would like to  consolidate the achievements of Phase 1 of the 
Integrated Framework. 
292. In this connection, our country has set about presenting projects and programmes for 
strengthening production and supply capacities a nd improving trade related infrastructure. 
293. As an LDC, Senegal is seeking the financ ial support of its bilateral and multilateral 
development partners for the effe ctive implementation of the project s and programmes to be adopted 
under the Enhanced Integrated Framework. 
294. The following question, from Nigeria, also falls  within the context of trade policy and trade 
practices.  How is it that Senegalese operators fa il to make use of the preferences offered under the 
"Everything But Arms" initia tive and the AGOA initiative? 
295. Senegal continues to face difficulties in taking advantage of the opportunities offered by the 
AGOA and the various systems of generalized preferences. 
296. These constraints are connected, in particular a nd most importantly, with the weakness of the 
production capacities of Senegalese SMEs.  For more th an six months we have been endeavouring to 
regroup the small producers sector by sector, specialty by specialty, product by product in consortia, 
and we already have three associations of women pr oducers of fabrics and craft industry products who 
are going to organize themselves in a consortium in order to be able to satisfy not so much the 
American demand as American demands. 
297. To these constraints should be added the lim ited expertise in sanitary and phytosanitary 
standards, especially for horticultural products.  I be lieve that this analysis has already been made at 
higher political levels since, at the Aquila Summit in July 2009, the Heads of State undertook, within 
the context of trade, to budget for improved cooperati on, with a view to overcoming these constraints, WT/TPR/M/223 
Page 40  
 
and I believe that the United States has initially committed a sum of 30 billion dollars, which means 
that we share the analysis of both the constraints a nd the measures that need to be taken to meet the 
challenges of supply and technical capacity and solve the product related technical problems. 
298. In order to take full advantage of these oppor tunities, i.e. preferences in general and 
specifically the AGOA and the "Everything But Ar ms" initiative, Senegal has undertaken certain 
actions pending the capacity building I have just mentioned.  These include the technical assistance 
for SMEs that we have provided pending the arriva l of international cooperation in support of our 
initiatives;  the simplification of the rules of orig in, more specifically within the context of the 
Economic Partnership Agreement ( EPA) negotiations - we have proposed the simplification of the 
rules of origin in that context and the outcome  could affect the benefits we derive from the 
"Everything But Arms" initiative if the rules of orig in are simplified within the framework of these 
European Union EPA negotiations;  the improvement of the infrastructure, and you know what efforts 
Senegal has made in the belief that infrastructure is the economically most decisive area in which 
major investments have been made in the last 10 years;  the creation of a business zone devoted to 
exports or Special Integrated Economic Zone (ZES I), 30 km. from Dakar, which is already being 
developed and which will enable us to win ma rkets, taking into account the potential of the 
five sectors I have mentioned as being under the cover of the Accelerated Growth Strategy (AGS), enabling us to carry out major export operations in th is context, that is, within the framework of the 
ZESI being developed at Dakar oppos ite the international airport, which is also under construction 
and scheduled for completion in 2011. 
299. Another measure involves strengthening the fi nancial support for exporters through the 
introduction of appropriate  financing mechanisms. 
300. Concerning the AGOA, Senegal is continuing its efforts to improve exports to the American 
market, in particular, by establishing a joint offi ce with the West Africa Trade Hub, which covers 
21 countries and whose headquarters are in Dakar.  The mission of this office is to facilitate trade 
between Senegal and the United States by identifying  the products for which we have some potential, 
taking into account the need to advise the producer s to ensure that they comply with sanitary, 
phytosanitary and intrinsic quality standards, in conjunction with the export promotion measures we 
are in process of implementing through an agency known as ASEPEX. 
301. Back in 2004, we also opened an office of APHIS,  a United States Inspection Service, that is 
to say, in collaboration with the United States, to  bring us up to date precisely in the sanitary, 
phytosanitary and intrinsic product quality areas, i.e. in the field of standards. 
302. We have also set up a National Monitoring Comm ittee to identify and take charge of the 
critical issues relating to the AGOA in itiative and, in the first instance, the regulatory issue.  It appears 
that the regulations we adopted after this initiativ e was launched by the United States were not always 
consistent with the spirit of AGOA.  This had to be corrected.  In fact we found that the provisions of 
Senegalese law that transpose the American act were  very cumbersome and th is is being put right. 
303. We have also arranged for training in the pro cedures for exporting to the United States to be 
provided by the Senegalese agency responsible for exports.  We have also arranged for those who 
place the orders to meet the suppliers and, in par ticular, for "buyer-seller" meetings in Dakar with 
American participation.  Senegal has also participat ed in trade fairs organize d in the United States, 
such as the Boston Seafood Show. 
304. We have introduced a programme of supp ort for accelerated growth and increased 
competitiveness (SAGIC), involving eight subsector s with a major export potential (mangoes, cashew 
nuts, hibiscus, woven textiles, fishery products, da iry products, neem, and gum arabic).  These then 
are the measures we have taken in support of Sene gal's mission to improve trading relations with the 
United States so as to derive greater benefit from the AGOA.  WT/TPR/M/223 
 Page 41 
 
 
305. The European Union has asked for our opinion on the results obtained by implementing the 
Accelerated Growth Strategy and on possible changes to improve these results in terms of 
improvements in the business climate.  May I remind you that the AGS was introduced to enable Senegal to achieve a growth rate of 7 to 8 per cent.   It was also introduced to give Senegal a world 
class business climate.  These actions are comb ined under the AGS, a coordinating mechanism 
involving all the ministries;  thus, it was in the li ght of the results of the measures advocated by the 
AGS and APIX that in 2009 Senegal was ranked firs t reforming country in Africa and fifth in the 
world. 
306. The AGS is financed from the following sour ces:  the USAID Economic Growth Programme, 
which supports the implementation of the agro indus try cluster and the agri-food cluster.  The AGS 
also benefits from a source of financing in the FD  to cover requests for investment in the tourism 
cluster;  support from the Groupe VAD, which finances the fisheries sector;  and support in terms of 
cooperation from the 10th EDF for upgrading Senegalese enterprises. 
307. The results obtained cannot be separated from the re sults I have just described in terms of the 
progression of private investment, in terms of the growth rate, and in terms of the progression of the 
results we have obtained within the context of GOANA, which I shall be bringing to your attention. 
308. With respect to cereals, it should be recalled that  the agricultural sector is the first cluster of 
the AGS.  In the agricultural sector, between 2008 and 2009 we went from 1,903,000 tonnes of cereals to 4,300,000 tonnes and in the case of industrial-type crops, tomatoes, for example, from 
768,000 tonnes to 1,095,000 tonnes;  fruit production will have risen from 195,000 tonnes to 229,000 tonnes in one year.  This, then, is the first cluster for which the AGS has to seek financing in 
coordination with APIX, and I have just given you the results.  Other results in other sectors will be 
communicated in the reply sheets. 
309. The European Community would also like to know the policy being adopted to improve the 
management of the public finances and, more  generally, economic governance and to correct 
non-budgetary overruns. 
310. Before reading our reply sheet, I would point  out that the non budgetary expenditure was 
prompted by a climate of urgency and difficulty.  The term might suggest prestige or frivolous expenditure, but that is not the case;  this was expenditure incurred in order to deal with the 
emergencies and difficulties faced by  Senegal during the crisis.  To soften the impact of imported 
inflation we resorted to subsidies on rice, oil and whea t;  to soften the impact of the energy crisis we 
resorted to subsidies on the fuel oil used as an input by the electricity generating company. 
311. During the crisis, some companies and some pub lic or semi public establishments, hospitals 
for example, were obliged to incur emergency costs. 
312. These were estimated at CFAF 174.9 billion at the end of October 2008.  Naturally, they had 
a negative effect on growth because when an enterp rise undertakes a project for the State and has to 
wait for payment it cannot progress with its activities until it is paid.  There has been a slowdown in 
the building and related services sector.  The growth ra te in this sector was at least 19 per cent in 2007 
but in 2008 it was 16 per cent.  This is the sect or that has suffered the most from non budgetary 
expenditure and State debt to private enterprises. 
313. The Government's current objective is to bring the deficit down to 3 per cent of GDP in 2009 
(with a medium term objective of 4 per cent) in orde r to clear all outstanding payments.  Accordingly, 
an independent external audit was ordered and ha s already been carried out.  The Government has 
also undertaken not to accumulate arrears of inte rnal payments within the meaning of the WAEMU 
definition from this year onwards.  It has also undertaken to limit the backlog of outstanding payments, to limit the amount of expenditure committed but not settled, and to limit Treasury WT/TPR/M/223 
Page 42  
 
advances to 10 per cent of the annual total of cu rrent expenditure, excluding wages, and of capital 
expenditure funded from internal resources, and to k eep them below CFAF 30 billion, bearing in mind 
that, as I have said, the total commitment was 174 billion at the end of 2007. 
314. Another question, from India, concerns the extent  of the crisis.  However, it has already been 
dealt with since it overlaps with a ques tion previously asked by the discussant. 
315. We will therefore move on to other questions of trade policy raised either by the discussant or 
by the representatives of other States.  How doe s Senegal intend to overcome its difficulties in 
respecting its tariff commitments, which risk being accentuated by the adopti on of the fifth 35 per 
cent band envisaged by ECOWAS? 
316. It should be made clear that the 35 per cent ra te is the fifth band because the WAEMU tariff 
has 4 bands, the 0 band category 0, category 5, cate gory 10, and category 20.  Within the context of 
the CET negotiations a protective 35 per cent category called the fifth band has been proposed.  It 
should be noted that it is not yet being applied because it is a category subject to negotiation.  As it is 
an ECOWAS CET, the intention is for it to be take n in charge by ECOWAS, and that, of course, any 
questions of the exceeding of bindings that arise out of  its application will be dealt with, in principle, 
for the time being by the States, since it is the St ates that are members of the WTO.  However, if 
ECOWAS became a member of the WTO, then  they would be dealt with by ECOWAS. 
317. Can Senegal clarify its use of a national list of  products subject to minimum or reference 
values at importation, which is inconsiste nt with its commitments at WTO level? 
318. We acknowledge that Senegal applies mini mum values for specific products and we 
recognize, as you do, the possibility of these mini mum values being applied to a limitative list of 
products, but it should be pointed out that this application formed the subject of a derogation accorded 
to Senegal by the WTO. 
319. Do the restrictions on imports of certain produc ts mentioned in the Secretariat report reflect 
difficulties with the marketing of domestic products ?  What assistance does Senegal need in this 
particular respect? 
320. May I remind you that these are arrangements made between Senegalese operators at the time 
when national products are entering the market a nd that in the past, for the most part, these 
arrangements operated only for onions.  When local onions come onto the market the operators refrain 
from importing onions because there is a limited number of importers, there are five or six, and they themselves think that this diversion of trade from im ports to the distribution of local products does not 
affect their margin for the year and they agree to ma rket the local product.  Thus, there is no constraint 
involved and no sanctions have ever been app lied to a Senegalese wanting to import onions. 
321. Are these measures compatible with the WAEMU and ECOWAS regulations?  That is to say, 
the measures concerning non importation when the local production of certain speculative crops is 
being marketed. 
322. The WAEMU and ECOWAS rules do not preclude arrangements between traders and 
producers for the marketing of domestic production. 
323. The European Union would like to know what fu rther measures Senegal is planning to take to 
combat piracy and counterfeiting. 
324. In fulfilling their respective missions to safegua rd intellectual property rights, the Intellectual 
Property Service and the Senegalese Copyright O ffice provide holders with the necessary tools  WT/TPR/M/223 
 Page 43 
 
 
contained in the Bangui Agreement and routinely take  awareness-raising action to warn these holders 
about counterfeiting and piracy. 
325. In addition, the National Bureau to Combat Piracy and Counterfeiting was set up in 
October 2007.  Several specific ac tions have been undertaken.  The most conspicuous is the campaign 
against the sellers and exploiters of  pirated musical and artistic works. 
326. Major seizures of audiovisual media estimated at  eight tonnes, together with equipment of 
various kinds used in committing the offences, have b een put under seal and placed at the disposal of 
the courts. 
327. The holograms used to identify or iginal musical works have been widely pirated.  Let me tell 
you a story.  While I was at the Internal Trade Dir ectorate we carried out an investigation into Megan 
toothpaste.  We advised the Senegalese producer to use a hologram, which he did within 10 days, but 
21 days later we were astonished to see him arrive at our office to lodge a complaint because he had 
discovered that the counterfeiter had himself made an identical hologram, rendering his own 
hologram useless.  Moreover, the Brigade has taken action in other areas relating to the importation of 
consignments of counterfeit products (televisions , batteries, sweets, toothpaste, etc.), a major 
consignment was seized and put under seal and the Bu reau is carrying out actions on a regular basis. 
328. Concerning literary works, offenders have b een questioned and brought before the court on 
several occasions.  The products pirated were books and brochures. 
329. Increased resources and special training for memb ers of the Bureau would help to make the 
controls more effective. 
330. The European Community would like to know what trade facilitation measures Senegal plans 
to adopt in the field of road transport services. 
331. In 2001, WAEMU adopted a Regional Programme for the Facilitation of Road Transport and 
Transit in West Africa.  The objective of this Pr ogramme was to improve the competitiveness of the 
economies of the States of the subregion by making intraregional trade flow more smoothly and by 
eliminating non tariff barriers. 
332. The programme is divided into three parts.  The first concerns the establishment of 
11 juxtaposed border control posts, of which f our are under construction.  The second involves 
establishing an Unfair Practices Observation Centre .  That operators moving from one country to 
another within the WAEMU, ECOWAS and other frame works are subject to many unfair practices is 
a fact that must be faced.  The third component  is the simplification and harmonization of the 
procedures and regulations.  The Inter-State Road  Transit Regime (TRIE), the Regional Road 
Controls Plan, axle weight controls, and the in terconnection of customs IT systems are various 
measures that have been taken to simplify and ha rmonize road transport procedures and regulations. 
333. At national level, the Ministry of Trade h as just set up a trade facilitation sub-committee 
which provides a framework for concertation among all the players involved in the improvement of transport flows within WAEMU and ECOWAS. 
334. The representative of Mexico asks whether th e tariff preferences granted under WAEMU are 
limited exclusively to certain importers and/or expor ters and why is it difficult to obtain approval for a 
new economic operator. 
335. In this connection, may I say that under WAEMU tariff preferences are not limited to certain 
importers or exporters as suggested by the repres entative of Mexico.  The application of the WAEMU 
preferential regime is linked with the community origin  of the product or the enterprise.  In fact, any WT/TPR/M/223 
Page 44  
 
enterprise established in a WAEMU member co untry can have its product approved for the 
preferential regime if that product is of WAEMU, that is, community origin.  For this purpose, the 
product must be wholly obtained in the Union, a criterion whose satisfaction is based on three parameters:  the first parameter is for 60 per cent of the raw materials to be community raw materials;  
the second is for the product to have undergone a su bstantial and sufficient transformation involving a 
change of tariff heading;  and the third is for it to  incorporate at least 30 per cent of community value 
added. 
336. Consequently, an enterprise should have no pa rticular difficulty in getting its product 
approved for the preferential regime on the basis I have  just described.  It should also be pointed out 
that the granting of approvals for this regime has been transferred from the Commission, that is the 
WAEMU Executive, to the member countries to en able simpler local arrangements to be made. 
337. What efforts has Senegal made to use geogr aphical indications to promote its economic 
development? 
338. In 2001, the World Intellectual Property Organiza tion, within the context of its programme of 
assistance for member States, organized a seminar on geographical indications at Conakry.  At the 
conclusion of this seminar a project was launched, a project on geographical indications.  WIPO drew 
up this project and chose four States for an expe riment, namely, Cameroon, Côte d'Ivoire, Burkina 
Faso and Guinea Conakry. 
339. Officials from the bodies responsible for industrial property in these States received training 
at the National Institute for Appellations of Origin  (INAO) in Paris and the International Centre for 
Agricultural Research and Development (CIRAD) in M ontpellier.  Following this training, each of the 
four States identified products that could be propos ed for protection by geographical indications.  The 
products proposed by the four States are:  for Ca meroon, Penja green peppers and Oku white honey;  
for Côte d'Ivoire, Korogho cloth and Grand Lahou attieke (cassava);  for Burkina Faso, Karité de 
Dassili butter and Sourou green beans;  and for Gu inea Conakry, Ziama coffee and Manaou pimento. 
340. In December 2005, WIPO, in collaboration with OAPI, organized a ministerial conference for 
the Ministers responsible for Industry and Agricu lture of 16 States, INAO and CIRAD.  At the 
conclusion of the meeting, a resolution was adopted  mandating the Director General of OAPI to seek 
funding, in particular from the AFD, for a proj ect to promote geographical indications in the 
16 member States of the OAPI, including Senegal.  One million euros was obtained to finance the implementation of the project. 
341. A service has now been set up at OAPI hea dquarters to promote the registration of the 
eight products already identified in Cameroon, Bu rkina Faso, Guinea and Côte d'Ivoire and States 
have also been invited to extend the experiment  conducted in these countries to the other States. 
342. In this connection, it should be borne in mi nd that a National Plan for the Development of 
Intellectual Property has been launched in Sene gal with WIPO's collaboration and assistance and 
adoption of the AGOA objectives.  Thus, follow ing this process of meeting, training and 
experimentation in the countries just mentioned,  important progress with geographical indications 
may be expected in the 16 States in the years to come. 
343. In the field, from January 2010, actions will be  undertaken with the ministerial departments 
concerned (the Departments of Agriculture, Crafts and Fisheries) to make the players more aware of 
the importance of this system for a country's economi c development.  After that , it will be for Senegal 
to propose products for registration. 
344. That is the information I have on geographi cal indications and the progress made with 
adopting them in the 16 African States of the OAPI.  WT/TPR/M/223 
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345. The discussant asks:  What link is there between national agricultural policies, particularly in 
the case of Senegal, and the WAEMU and ECOWAS community policies? 
346. The ECOWAS Common Agricultural Policy (ECOWA P), whose main objective is to make a 
sustainable contribution to the satisfaction of the food requirements of the population, economic and 
social development and poverty reduction in the me mber States, was adopted in January 2005.  It 
serves as a framework for the implementation of the Comprehensive Africa Agriculture Development 
Programme (CAADP), NEPAD's agricultural chapter.  The CAADP is backed by real political will on 
the part of the African Heads of State who underto ok, at Maputo in 2003, to devote at least 10 per 
cent of the budgets of their respective countries to th e financing of the agricultural sector, while taking 
into account each countries specific geographical featur es and agricultural specializations with a view 
to achieving complementarity of production within ECOWAS. 
347. On the basis of an in depth analysis of the ra te of growth of the economy in general and the 
agricultural sector in particular, the National Progr amme for Agricultural Investment, the instrument 
used for implementing ECOWAP at national level, defines the development options indispensable for 
achieving the Millennium Development Goals targeted by ECOWAP within ECOWAS. 
348. The agricultural vision reflected in the Ag riculture-Forestry-Livestock Framework Law 
adopted in Senegal in 2005 forms part of the im plementation of the Poverty Reduction Strategy, the 
MDGs and more specifically ECOWAP.  Their action plans are based on Medium Term Sectoral Expenditure Frameworks. 
349. The Agriculture-Forestry-Livestock Framewor k Law, through the National Programme for 
Agricultural Development, the National Livestoc k Development Plan, the Action Plan for the 
Development of Fishing and Aquaculture, the Sene gal Forestry Action Plan and other thematic 
documents, constitutes the basis for the process of formulation of the PNIAA. 
350. Specifically, it is a question of defining the ag ricultural development options that will make it 
possible to halve the national incidence of poverty. 
351. WAEMU supports cross-border programmes, in th e areas with which it is concerned, through 
the Regional Economic Programme. 
352. These then are the measures that have been take n and the coordination established in order to 
integrate our agricultural policy into th e agricultural policy defined by ECOWAS. 
353. Mexico asks:  What is the procedure for obtai ning a licence to operate as an Internet service 
provider?  How much time does it take?  How many  providers are there currently in this sector? 
354. In Senegal a distinction is made between the pr ovision of Internet access and the provision of 
Internet services. 
355. To provide access to the Internet , that is to say, access to the backbone, a licence is required.  
The licence is allocated by decree approving a concession agreement and also approving specifications, but following an invitation to tender.   The awardee is required to pay a financial 
contribution that represents his entrance ticket.  He  is also required to pay annual fees for the use of 
frequencies and numbers and make a contribution to the Universal Service Development Fund. 
356. Admittedly, Senegal has not yet granted a licence solely for Internet access.  The two global 
licence holding operators, namely, SONATEL, Senegal' s historical operator, and EXPRESSO, a new 
operator, are for the moment the only Internet acce ss providers in Senegal, and they combine their 
Internet access services with the operation of  fixed line and mobile  telephone networks. WT/TPR/M/223 
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357. With regard to the provision of Internet services, that is to say, the offering to the public of an 
Internet connection based on the resources of a li cence-holding operator, it is necessary to make a 
prior declaration to the authority responsible fo r the regulation of telecommunications and postal 
services, since this type of service is considered to be an added value service.  It should also be noted 
that Internet service providers can only authenti cate and set the charges for services.  There are 
currently three providers of Internet services:  So natel Multimedia, a subsidiary of Sonatel;  Arc 
Informatique;  and Groupe ATI. 
358. That, then, is the information we have been  able to gather together for the State 
representatives who turned to us on 11 November last  with requests for explanations regarding the 
Senegalese economy or specific economic sectors.  As  indicated in my opening statement thanking all 
the participants and expressing appreciation for th e sense of responsibility of all the countries that 
have enquired about initiatives in fa vour of our countries, and I have mentioned their initiatives, who 
have enquired about our problems,  who have enquired about the weakness of the results we have 
obtained in certain sectors despite the bold measu res I have spoken about, exemplified by such 
initiatives as EBA and AGOA, their consideration has gi ven us much satisfaction and it is therefore 
with great pleasure that we have provided this a dditional information in response to certain concerns 
that have been expressed and certain specific questions  that have been raised.  As I indicated in my 
own opening statement, we have al ready replied to 46 qu estions submitted to us in writing before we 
left Senegal.  The replies I have just given will be communicated in writing and if there happened to 
be any more questions we would be ready to se nd you our opinions in writing within the month we 
are allowed. 
359. We are especially grateful to the discussant for his rounded approach to the document 
submitted by the institution and especially for his alertness which has led us, despite his position as a 
discussant very close to us, to think deeply about th e vital questions which concern the partners with 
whom he works day by day.  So we are very sincerel y grateful for this spirit of fraternity, this positive 
spirit, and we thank the WTO and we thank the Chairperson. 
NIGER 
 
360. To respond to your questions and concerns we will divide up our replies under three main 
headings, namely, the macroeconomic situation, trade policy and sectoral policies. 
The macro economic situation 
 361. May I remind you that in 2007 Niger adopted an Accelerated Development and Poverty 
Reduction Strategy (ADPRS).  The ADPRS constitut es the frame of reference for Niger's economic, 
financial and social policy for the period 2008-20 12, which should make it possible to achieve the 
MDGs. 
362. In recent years, Niger's economic and financ ial performance has been relatively moderate, 
apart from in 2008 when economic growth rose to 9.5 per cent as compared with 3.7 per cent in 2007.  
This rate is above the average for the last thr ee years (5.5 per cent).  The rebound in 2008 was due 
partly to the good performance of the primary sector  (especially agriculture) and partly to a sharp 
expansion in investment, both public and private.  On the other hand, the year 2009 appears to have 
been marking time.  Thus, it is estimated that econo mic growth will be about 3 per cent.  This trend 
seems to be attributable to the stagnation of agri cultural production and, to a lesser extent, to the 
repercussions of the internationa l economic and financial crisis. 
363. To encourage foreign direct investment, Ni ger has adopted and implemented a policy of 
improving the business climate in financial and legal terms and in relation to enterprise creation and 
competitiveness.  To this end, a National Council of  Private Investors (CNIP) was established by 
Decrees No. 2003-175/PRN of 18 July 2003 and No. 200 7 388/PM of 14 September 2007.  As an  WT/TPR/M/223 
 Page 47 
 
 
effective framework for public-private consultation,  the CNIP has among other things, been given the 
task of identifying and proposing the repeal of all legislativ e and regulatory measures and provisions 
and customary administrative practices that might hamp er investment.  The Council is chaired by the 
Prime Minister, while the President of the Chamber of Commerce, Industry and Crafts acts as the first 
Vice Chairperson and the Minister of Trade, I ndustry and Standardization as the second.  Various 
ministers and representatives of economic entities make up the membership of the Council. 
364. The measures taken by the CNIP made it possible to improve the "doing business" indicators 
published by the World Bank and, subsequently, Niger's ranking (from 171st out of 178 countries in 
2007 to 169th in 2008).  These measures include abolishi ng the permit to exercise a profession for 
foreigners, eliminating the prepayment of the bus iness tax on enterprise creation and simplifying the 
formalities relating to business start-ups. 
365. Also within the context of improving the i nvestment climate and good governance, there has 
been a reform of the penal code and penal proce dure.  This involved the adoption of fundamental 
legislation to ensure that justice is better dispen sed (Law on Judicial Organization, Law Governing the 
Legal Profession, Organic Law No. 2007-07 of 13 March 2007 creating the Court of Cassation, 
creation of the Court of Audit, and Organic La w No. 2007-06 of 13 March 2007 creating the Council 
of State and determining its composition, organiza tion and responsibilities);  the adoption of the new 
Statute of Magistrates, in 2007, which made it possible to improve the status of judges and thus facilitate the implementation of reforms;  the in corporation into domestic law of legal provisions 
deriving from international commitments, together  with the direct applicability of community 
commitments assumed under OHADA (Uniform Acts ) or WAEMU (money laundering directives, for 
example);  the publication, distribution and dissemina tion to the public of reference documents;  and 
national capacity building as a result of the opening of a judicial studies department of the National School of Administration and Judicial Studies (E NAM) (between 2003 and 2008, 129 judges were 
trained). 
366. Where infrastructure is concerned, it is pla nned to build a dry dock and a coal plant for 
generating electricity.  Steps will also be taken to facilitate transport along the various corridors 
giving access to the sea.  In particular, it is intende d to make the transport of goods, both imports and 
exports, faster and cheaper. 
367. Anti-corruption measures have included the creation of a National Anti-Corruption 
Committee consisting of representatives of the gove rnment, the private sector and civil society. 
368. Moreover, to ensure fair and transparent access to public contracts, since 2006 Niger has been 
implementing the reforms introduced to improve th e government procurement regime laid down in 
Ordinance No. 2002-007 of 18 September 2002 estab lishing the Niger Government Procurement 
Code, as amended by Ordinance No. 2008-06 of 21 Fe bruary 2008.  The amendment was intended to 
bring the Code into conformity with the WAEMU dir ectives.  This text provides for the creation of a 
government procurement inspectorate and the setti ng up of the Government Procurement Regulatory 
Agency in Niger.  The national gove rnment procurement regime was ev aluated in the course of a pilot 
exercise in April 2008 based on international sta ndards.  The self-estimate was checked by an 
international audit firm.  These two evaluations classified Niger in category B on the OECD/DAC methodology scale. 
369. However, much still needs to be done to impr ove the business climate and, accordingly, the 
Government, with the support of its partners, w ill pursue its reforms with a view to improving the 
situation further. 
370. Niger's trade policy is based on that of WAEMU.   As a Member of the WTO, Niger has been 
chosen for the Integrated Framework for Trade-Related Technical Assistance programme. WT/TPR/M/223 
Page 48  
 
371. For this purpose, a Diagnostic Trade Integration St udy (DTIS) was carried out.  This led to an 
action plan, one of whose activities is the production of a trade policy document that will incorporate 
an export development strategy. 
372. Convinced of the role that trade can play in the acceleration of its development, Niger is 
resolutely pursuing its harmonious integration into the WAEMU and ECOWAS regional economic 
and trade groupings.  Moreover, as a Member of the WTO, despite its shortages of human and 
financial resources, Niger is participating in the Doha Round negotiations.  However, even with the 
technical assistance it is receiving, these shortages of human and financial resources are affecting its ability to play its part as a fully paid-up Member of  the WTO.  For example, the delays in submitting 
notifications can be traced to these difficulties. 
373. As you can see, Niger still needs technical assist ance to remove the constraints on its offers 
and ability to fulfil its contractual obligations.  In sp ite of its problems, Niger is pursuing its efforts to 
implement the rules of the WTO. 
374. With regard to SPS measures, the import, export and re export of plants and plant products 
are subject to phytosanitary controls in accord ance with Ordinance No. 96-008 of 21 March 1996 on 
the protection of plants and Decree No. 96-068/ PCSN/MDRH/E of 21 March 1996 on the procedures 
for the application of Ordinance No. 96-008 of 21 Ma rch 1996.  In the particular case of seeds, it is 
also necessary to produce an import permit issued by the Plant Protection services. 
375. In the field of animal health and veterinary  services, thanks to support from the Pan-African 
Programme for the Control of Epizootics (PACE) fi nanced by the European Union, important steps 
have been taken to comply with the SPS standard s established by the World Organization for Animal 
Health (OIE), guarantor of the SPS standards of the World Trade Organization (WTO), with a view to 
ensuring food safety in order to pr otect human and animal health. 
376. Niger has set up a sero  and epidemiological su rveillance system to monitor the four diseases 
of special economic importance for international tr ade for which the OIE has specified prescribed and 
alternative tests under the Terrestrial Animals Code, namely, foot and mouth disease, rinderpest, 
contagious peripneumonia and Ri ft Valley fever.  This led to a free cattle vaccination and 
deparasitation campaign with a CFAF 2 billion budget being carried out in 2 008 and again in 2009.  
The objective was to raise vaccination coverage to at least 50 per cent. 
377. In recent years, action has been taken to comb at counterfeiting and piracy.  Several training 
seminars on the observance of intellectual propert y rights (IPR) and the repression of counterfeiting 
have been held for members of the legal service, customs, police and gendarm erie.  Moreover, there 
have been actions to raise awareness among economic operators.  To deliver a blow against piracy, a 
national anti piracy operation was organized in August 2008 and is being intensified. 
378. In another move against piracy, 50,000 hologr ams for distinguishing pirated works from the 
originals have been ordered from Mauritiu s by the National Copyright Office (BNDA). 
379. The continuing and permanent measures to co mbat counterfeiting incl ude cooperation with 
WIPO on the introduction of a course on intellectua l property at ENAM for members of the legal 
service and customs officers. 
380. To be effective, in addition to national me asures, the anti counterfeiting campaign needs to 
incorporate a broader dimension because of  the permeability of  national borders. 
381.
 Similarly, where regional integration is concerne d, it is important to note that Niger's customs 
policy is heavily influenced by the ongoing construction of the customs union within ECOWAS and  WT/TPR/M/223 
 Page 49 
 
 
WAEMU, which have already adopted a valuation sy stem consistent with the WTO Agreement and a 
common external tariff. 
382. Concerning the valuation of imports, Niger makes use of both reference values, for a 
limitative list of products, and minimum values:  minimum values are used only by offices with 
limited jurisdiction and for clearing goods introdu ced in connection with non-commercial operations 
in either cross-border trade or passenger traffic;  reference values as de fined by WAEMU are used 
concurrently with the CIF values (determined in  accordance with the WTO Agreement) on customs 
declarations and applied only when they are lowe r than the CIF values declared, the aim being to 
combat fraud and undervaluation. 
383. Steps are being taken to reduce the relative im portance of the informal sector in order to 
achieve the full and complete application of th e WTO Agreement and make it possible to abandon 
minimum values. 
384. Where the CET is concerned, at Banjul in Oc tober 2008, following a review of the existing 
protection levels and structures and the arguments put forward, the Ministerial Committee monitoring 
the EPA negotiations invited the ECOWAS Council of  Ministers, to adopt a fifth 35 per cent band. 
385. It was acknowledged that the tariff profile should meet the needs of the West African region 
in terms of trade protection for all normal tran sactions.  Negotiations are currently in progress 
between the ECOWAS member States to establis h objective fifth band eligibility criteria and a 
definitive list of products.  However, the CET is not  an irreversible and timeless decision.  It must 
evolve with the regiona l and global situation. 
386. In any event, throughout this process, th e necessary compatibility with international 
commitments, in particular the notifications a nd bindings made to the WTO by ECOWAS member 
States, have been taken into account. 
387. Moreover, accompanying measures are planned in  favour of, on the one hand, member States 
to enable them to deal with the possible consequenc es of their multilateral commitments, in particular 
the renegotiation of WTO bound rates, and, on th e other hand, of agricultural producers and 
enterprises through the effective implementation of sectoral policies and programmes such as the 
Common Agricultural Policy (ECOWAP) and the Restructuring and Upgrading Programme. 
Sectoral policies 
 
388. It should be recalled that the major actions undertaken in the rural sector are aimed at 
implementing the Rural Development Strategy (SDR ) whose objective is to reduce the incidence of 
rural poverty from 66 per cent to 52 per cent by 2015 by creating the conditions for sustainable 
economic and social development that will make it possible to ensure food security and the sustainable management of natural resources. 
389. This strategy, which is linked with Niger' s trade policy, has three main priorities: 
 Strategic priority 1 :  Creating sustainable rural economic  growth by providing rural producers 
with access to economic opportunities. 
  Strategic priority 2 :  Securing the living conditions of communities through the sustainable 
management of natural res ources and improved food security. 
  Strategic priority 3 :  Improving the management of the rural sector by building the capacities 
of rural institutions and organizations. 
 WT/TPR/M/223 
Page 50  
 
390. In mining and energy, during the decade 2000 2009, activity increased substantially and 
significant results were obtained, including:  th e adoption of new regulations conducive to the 
development of activity in the two sectors.  The creation of six new companies:  Société Nationale de 
Carbonisation de Charbon Minéral  (SNCC SA), Société Nationale de Charbon de l'Azawak  (SNCA 
SA), Société de Patrimoine des Mines du Niger  (SOPAMIN SA), Société des Mines d'Azélik 
(SOMINA  SA), Société de Raffinage de Zinder  (SRZ SA), and Société d'exploitation des gisements 
d'uranium d'Imouraren  (IMOURAREN SA).  The contributions of the mining sector to national 
export earnings and GDP formation tripled and quintupled, respectiv ely.  Between 2000 and 2008, the 
Special Programme of the President of the Republic  made it possible to provide 230 localities, 222 of 
them rural, with electricity, whereas there were onl y 60 in 1999.  Access to electricity rose from 5 per 
cent in 1999 to 8.1 per cent in 2006;  it is expected to reach 14.25 per cent in 2009.  Transparency in 
Niger was strengthened by accession to the Extractiv e Industries Transparency Initiative (EITI) in 
March 2005 and to the international instruments of the International Atomic Energy Agency (IAEA) 
on nuclear nonproliferation (Safe guards Agreement in February 2005  and Additional Protocol in 
May 2007). 
391. All this considered, it can reasonably be ar gued that the decade 2000-2009 was one of 
recovery in the mining and energy sectors.  The firm foundations laid down will, if consolidated, 
ensure even better prospects for the years to come.  T hus, in terms of prospects, it is worth noting:  the 
substantial increase in the contributions of the mining sector to State revenues and export earnings; 
the exploitation of the uranium reserves of Azelik and Imouraren;  the exploitation of the Tidekelt salt 
deposits and the construction of th e Kao cement plant;  the continued granting of mineral (about a 
hundred applications are being processed) and oil prospection permits;  the contribution to the 
publication and popularization of the EITI–Niger reports;  the implementation of the integrated 
project:  the production of crude oil from the Agad em block, the construction of the pipeline to 
transport crude oil from the Agadem block to Zinde r and the construction and operation of the Zinder 
refinery;  the extension in 2009 of the special elec trification programme to the localities left over from 
the 60 planned for 2008 and some 20 other localities situated on the routes of the lines;  the 
construction of a 200-MW coal-fired power plant on th e Salkadamna site and of a power transmission 
line and implementation of the power-generating com ponent of the Kandadji dam;  and the intensified 
cooperation with the International Atomic Ener gy Agency (IAEA) and the nuclear power policy 
statement. 
392. The Government of Niger recognizes the ever increasing importance and role of services in 
the economies of the developing countries.  This  is why it undertook reforms that led to the 
liberalization of the telecommunications, transpor t, banking and insurance sectors.  Nevertheless, 
these sectors remain fragile and need strengthening.  Accordingly, Niger considers it necessary to take 
stock of its national services before bi nding or opening up other services sectors. 
393. Here then, presented in the form of a communi cation, are the replies to the concerns and 
questions raised at our first working session on 11 November last. 
394. I would remind you that more detailed replies ha ve been provided regarding several of the 
points that formed the subject of written questions pr eviously passed on to us by the WTO Secretariat, 
for circulation among interested Members. 
395.
 I would now like to say a few words about the international financial crisis.  As already 
mentioned by some delegates, the Nigerian econom y, like other economies, has not been spared by 
the financial crisis. 
396. However, it should be noted that the impact has been felt to a lesser extent since our economy 
is not so closely tied into the international financial system.  WT/TPR/M/223 
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397. Nevertheless, the reperc ussions will be felt through a decrease in public aid for development, 
foreign private investment, remittances from Ni gerians living abroad and earnings derived from 
exports expressed in dollars. 
398. A national surveillance and follow-up committee ha s been established to work out and define 
strategies for mitigating the consequences of this crisis. 
DISCUSSANT 
 
399. I would first like to express my total and comple te satisfaction with the answers given this 
morning by their Excellencies, the two Heads of De legation, to the various questions put to them 
orally and in writing.  I note with equal satisfacti on the most laudable and painstaking work done by 
the two delegations, of Senegal and Niger, during these two days and, indeed, throughout the 
preparation of the joint review of the trade policies of their two countries. 
400. Replies so clear, so objective and so complete  are particularly welcome insofar as they 
confirm and reflect, with the utmost clarity, th e efforts made by the two delegations and the 
commitment of the two countries to collaborat e effectively with the WTO and its Members. 
401. The exercise which has occupied us over the last three days, the Trade Policy Review of 
Niger and Senegal, is a long and exacting process aime d at raising their level of development and, at 
the same time, meeting the requirements of the World Trade Organization (WTO). 
402. This is reflected in the way in which the tw o countries are endeavouring to meet the various 
challenges with which they are confronted day by day.  The result is there for all to see.  There can be 
no doubt that the achievements of these two countri es at various levels dese rve our respect and our 
encouragement so that they can continue to meet the challenges and take advantage of their 
membership of our esteemed Organization. 
403. Bold, far reaching and soundly based reforms ha ve been undertaken by the two countries at 
institutional, legal and administrative levels.  They  have made it possible for the economies of Niger 
and Senegal to stay confidently on course.  The tw o heads of delegation have consistently stressed the 
political will expressed at the highest levels in  their two countries to stimulate growth and 
development in every field.  Th is is much to be welcomed. 
404. In the light of the foregoing, allow me to make  a sincere appeal for the commitment of these 
two countries to be recognized and for the WTO and its Members to provide their full support for the 
efforts that Senegal and Niger are making. 
EUROPEAN COMMUNITIES 
 
405. On behalf of the European Communities, I woul d like to thank the Senegalese and Nigerian 
delegations for their replies to our written questio ns and for the additional information they have 
provided today. 
406. The EC does not have any additional questions to put at this stage, only a few comments to 
make. 
407. In the case of Senegal, it seems that our question number 11, concerning the national 
anti-corruption office (CNLNCC), has not yet been an swered and we await the reply with interest. 
408. In the case of Niger, the EC notes its repl y to our question concerning government 
procurement.  Although we agree that good progress h as been made with the reforms, much remains 
to be done.  For example, in the concrete applica tion of the texts and on the internal and external WT/TPR/M/223 
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control mechanisms (e.g. the lack of an external procurement audit since those in 2003-2004 financed 
by the EC). 
409. In conclusion, allow me to share a few final thoughts concerning this review. 
410. As already pointed out in the course of the fi rst day of the review, Senegal and Niger are 
faced with many challenges and outside technical support is really necessary, including trade-related 
technical assistance.  Institutional capacity building, in particular fo r all trade related institutions, is 
also very important.  In this respect, the present Trade Policy Review has helped us to identify the 
specific areas in which technical assistance is needed. 
411. I would like to stress that aid is necessary, but that without the appropriate internal conditions, 
particularly in terms of governance, trade and inv estment will not be able to develop in the best 
possible way. 
412. The EC would like to express its appreciation for the information obtained in the course of 
this review concerning the measures adopted and pl anned by the respective governments with a view 
to improving governance, building their economic  and trade capacities, achieving sustainable 
development and introducing other reforms.  At the same time, we would like to encourage them to 
continue their efforts. 
INDIA 
 
413. It causes us concern when allegations, like the on es made by EC, are made against developing 
countries, and in particular LDCs like Niger a nd Senegal with regard to IP enforcement. 
414. Minister Niang and Secretary General Amadou have highlighted several measures and also 
results to combat piracy and counterfeiting. 
415. In accordance with transitional periods containe d in Article 66 (i) of TRIPS, LDCs are not 
required to apply the provisions of TRIPS Agreem ent until 1 July 2013.  Moreover, as decided by 
Ministers in the Doha Ministerial Conferen ce (2001), LDCs are also exempted from TRIPS 
obligations until 1 January 2016 in  relation to protection of pate nts/undisclosed information with 
respect to pharmaceutical products.  Even if TRI PS obligations were applicable, TRIPS Article 41 
states:  " Members shall ensure that enforcement procedures… are available under their law so as to 
permit effective action against any act of infringeme nt of intellectual property rights covered by this 
Agreement ."  The obligation therefore, is for WTO Memb ers to make available the legal procedures 
for right holders.  However, recognizing the ins titutional limitations existing in many developing 
countries, Article 41.5 of the TRIPS Agreement states:  "…  this Part (Part III Enforcement of 
Intellectual Property Rights) does not create any obli gation to put in place a judicial system for the 
enforcement of intellectual property rights distinct fr om that for the enforcemen t of law in general, 
nor does it affect the capacity of Me mbers to enforce their law in general ."  Therefore, it is clear that 
members are not required to create a parallel judi cial mechanism for enforcement of IPRs.  The 
relevant national authorities can exercise discretio n in applying the mandated rules.  Further, 
Article 41.5 of the TRIPS Agreement also states:  " Nothing in this Part (Part III Enforcement of 
Intellectual Property Rights) creates any obligati on with respect to the distribution of resources as 
between enforcement of intellectual property rights and the enforcement of law in general ."  It implies 
that no obligation is established for Member stat es to prioritize allocating scarce resources for the 
enforcement of intellectual property rights before en forcing other laws in general.  IPR enforcement 
could be least prioritized based on constraints that affect Member's capacity to enforce their law in 
general, e.g. specific resource allocation for IPR en forcement that may affect enforcement of member 
countries' general laws.  WT/TPR/M/223 
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416. The observations made by EC in respect of the two LDCs in the TPR are clearly TRIPS plus 
and unjustified and overlook the deve lopment imperatives of the sovereign governments of Niger and 
Senegal. 
417. My delegation would also like to point out that the EC continues to deliberately confuse IPR 
issues and the issues of public health. 
418. Counterfeiting and piracy are IPR issues and dis tinct from the issue of quality of medicines.  
Quality issues are issues to be judged by Drug Regu latory Authorities rather than IP enforcement 
agencies.  Populations of developing countries have in the past suffered from this deliberate mixing of quality issues as evidenced in the continuing seizure of generic drug consignments at EC ports on the 
basis of EU regulation 1383/2003.  Let me also emphasize that the seizure cases involved legitimate, 
cheap and efficacious generic medicines which ar e neither fake, nor co unterfeit, nor pirated 
medicines. 
419. The EC had mentioned the risk to "security an d health of persons in danger".  We are 
confident that the sovereign governments of Nige r and Senegal are conscious of the security and 
health of their populations.  We do not feel that th ere is a need for prescriptive statements from other 
Members.  Minister Niang and Secretary General Amadou's response inspires confidence in us in 
soundness measures taken by Senegal and Niger in st rengthening its IPR regime and enforcement. 
420. The EC also mentioned that Niger and Se negal should "create an environment which 
contributes in respect for IPRs".  Respect can only be "mutual" between IPR holders and the people using products protected by IPRs.  In our view, it would be a more sustainable way to "earn" respect 
rather than "demand" respect.  We say this becau se access to medicines and the cases of preventable 
diseases and deaths, particularly in Africa, is mind boggling and continues to be a public policy 
challenge.  We believe IPR holders in the pharm aceutical sector can do a lot to ameliorate the 
situation. 
JAPAN 
 421. I am very encouraged by the results of this review, particularly the clear and explicative 
written and oral responses provided by Niger and Senegal, who tried to establish a policy based on 
capacity building and the use of the Integrated Framework.  Japan is committed to support both 
countries to help them join fully in the multilate ral trade system and get full benefit out of it. 
UNITED STATES  
 422. I have just three follow up questions for now.  First for Niger in following up the initial 
response on the precautionary principle (page 32, paragraph 86) we would appreciate if the Niger could explain whether measures taken in accordan ce with the regulation are done on a temporary 
basis, and whether there is a procedure in place to review the measures in lay on additional scientific 
evidence that becomes available. 
423. My second question is for Senegal and that is we will simply appreciate if Senegal could 
review certain of the questions made by the United St ates related to notifications, once again, with the 
view towards providing perhaps some more fulsom e response in relation to page 159, paragraph 30, 
and then in several areas related to the notificati on of subsidies under Article 25 of the Agreement on 
Subsidies and Countervailing Measures (pages 162, 181, 183). 
424. My third question for Senegal is related to pa ge 190, paragraph 111 re lated to the protection 
of Intellectual Property Rights.  The Secretariat not es that the Government's special efforts aim to 
combating counterfeiting and piracy and advises  that plans are under way to revise domestic 
legislation in light of the TRIPS Agreement.  I si mply ask that Senegal clarifies the timeframe for WT/TPR/M/223 
Page 54  
 
aligning Senegalese legislation with Articles 41 th rough 61 of the TRIPS Agreement dealing with 
enforcement. 
425. Finally, as we are still reviewing the responses provided in French we intend to submit these 
and perhaps a few additional questions in writing with in the next week.  We would appreciate Senegal 
and Niger's cooperation on this matter. 
BRAZIL 
 
426. I would like to thank Senegal and Niger for the comprehensive responses which were very 
clear and detailed.  And I would like to say that Brazil fully supports the statement made by the 
delegate of India. 
NIGERIA 
 
427. I would like to show appreciation for the info rmation given by Nige r and Senegal and to 
thank them for providing answers to our questions.  Also to state that Nigeria maintains a close 
relationship and brotherhood with the two countries.  WT/TPR/M/223 
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VII. CONCLUDING REMARKS BY THE CHAIRPERSON 
428. This joint Trade Policy Review of Niger and Se negal has given us an opportunity to improve 
our understanding of the interac tion between regional trade initiatives in West Africa and the WTO 
system.  Our discussions have greatly benefited from the active and open engagement of the high 
level delegations of Senegal and Niger, respectively led by H.E. Mr Amadou NIANG, Minister of 
Trade of Senegal, and Mr Amadou SOUMANA GOURO, Secretary General of the Ministry of Trade, 
Industry and Standardization of Niger.  I would also like to thank the discussant, 
H.E. Mr Abdelwaheb JEMAL, for his insightfu l contributions, and Members for their active 
involvement. 
429. Members congratulated Niger and Senegal for th eir macroeconomic and structural, including 
trade, reform efforts.  Supported by investment in mining in Niger, and in telecommunications and 
transport services in Senegal, the reforms have cont ributed to the overall positive performance of both 
economies, with average GDP growth of about 5 per cent per year.  Members noted that the potential 
of Niger and Senegal to attract investment remain s largely untapped, and urged them to pursue their 
reforms and improve their business environment by, inter alia , addressing governance issues, 
including corruption, facilitating trade, and stre ngthening commitments under the GATS to close the 
gap with liberalization already achieved.  This woul d help to further attract the foreign investment 
needed to diversify their economies and further reduce poverty.  Full operationalization of the 
Aid-for-Trade programme and the Enhan ced Integrated Framework would help. 
430. Members commended Niger and Senegal on their commitment to the WTO system.  They 
acknowledged their severe resource constraints, and thei r need for technical assistance to support their 
participation in the WTO and to improve the transp arency of their trade regimes, including through 
notifications.  They praised Niger and Senegal fo r their progress in the reform of their government 
procurement regimes, and noted that further advance was needed to reach international best practices.  
Niger was urged to bring its domestic law on copyri ght and related rights into conformity with the 
TRIPS Agreement, and both Niger and Senegal were encouraged to  further protect intellectual 
property rights.  Concerns were expressed about the use, by Niger and Senegal, of reference values for 
customs valuation of certain products. 
431. Members welcomed the harmonization of elements of the common trade regimes of the West 
African Economic and Monetary Union (WAEMU) with  those of the Economic Community of West 
African States (ECOWAS) of which all WAEMU c ountries, including Niger and Senegal, are also 
members.  Referring to ECOWAS' plan to implemen t a fifth tariff band of 35 per cent on the top of 
WAEMU's maximum rate of 20 per cent, Members i nvited both Niger and Senegal to reconsider this 
plan on competitiveness and effectiveness grounds;  th ey stressed that, on five lines, WAEMU tariff 
rates were already exceeding the corresponding binding commitments by Senegal.  Further 
clarification was sought on, inter alia , import bans on poultry products by Niger and Senegal;  their 
incentive schemes;  their other duties and taxes on im ports;  their regimes on trade in services;  their 
utilization of non reciprocal preferences;  and the im pact of the financial and economic crisis on their 
economies. 
432. Members appreciated the responses provided by the delegations of Ni ger and Senegal, and 
looked forward to further written replies. WT/TPR/M/223 
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433. In conclusion, this meeting has confirmed the progress made by Niger and Senegal in 
achieving development goals through fu rther trade reforms, including at the regional level.  Niger and 
Senegal are encouraged to pursue their reforms, and to further adhere to WTO rules and improve their 
multilateral commitments on services.  This would e nhance the transparency and predictability of 
their trade regimes and contribute to attracting fo reign investment.  I advocate that Members support 
Niger and Senegal in their continued efforts by providing further market access to their goods and 
services, and by being attentive to th eir requests for technical assistance. 
__________