ANNEX 1 
NIGER 
 Niger WT/TPR/S/223/NIG 
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 CONTENTS 
 
  Page 
I. ECONOMIC ENVIRONMENT 55 
 (1) M AIN FEATURES  55 
 (2) R ECENT ECONOMIC DEVELOPMENTS  57 
 (3) T RADE AND INVESTMENT TRENDS  59 
  (i) Trade in goods and services 59   (ii) Foreign direct investment (FDI) 62 
 (4) O
UTLOOK  62 
II. TRADE AND INVESTMENT REGIMES 64 
 (1) G ENERAL FRAMEWORK  64 
 (2) P OLICY OBJECTIVES  66 
 (3) T RADE AGREEMENTS AND ARRANGEMENTS  67 
 (4) I NVESTMENT REGIME  68 
 (5) T RADE -RELATED TECHNICAL ASSISTANCE  71 
 (i) Implementation of the agreements, policy formation and elaboration 72 
 (ii) Supply-side constraints 72 
 (iii) Integration of trade and development policies 73 
III. TRADE POLICIES AND PRACTICES BY MEASURE 74 
 (1) I NTRODUCTION  74 
 (2) M EASURES DIRECTLY AFFECTING IMPORTS  74 
 (i) Registration 74 
 (ii) Customs procedures 75 
 (iii) Customs levies 78  (iv) Prohibitions and licensing 81 
 (v) Standards, technical regulatio ns and accreditation procedures 82 
 (vi) Sanitary and phytosanitary measures 83  (vii) Packaging, marking and labelling requirements 84 
 (viii) Contingency measures 84 
 (ix) Other measures 84 
 (3) M
EASURES DIRECTLY AFFECTING EXPORTS  85 
 (i) Customs procedures and taxes 85  (ii) Prohibitions, quantitative restrictions and licensing 86 
 (iii) Export subsidies and promotion 86 
 (4) M
EASURES AFFECTING PRODUCTION AND TRADE  86 
 (i) Incentives 86 
 (ii) Competition and price control 86 
 (iii) State trading, government-owned enterprises and privatization 87  (iv) Government procurement 88 
 (v) Protection of intellectual property rights 89 WT/TPR/S/223/NIG Trade Policy Review 
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   Page 
IV. ANALYSIS OF TRADE POLICIES AND PRACTICES BY SECTOR 91  
 (1) I NTRODUCTION  91 
 (2) A GRICULTURE AND RELATED ACTIVITIES  92 
 (i)  Overview 92  
 (ii)  Agricultural policy 94  
 (iii)  Policy by subsector 98  
 (3) M INING , ENERGY AND WATER  99 
 (i)  Petroleum and gas products 100  
 (ii)  Mining products 102  
 (iii)  Electricity 106  
 (iv)  Water 107  
 (4) M ANUFACTURING SECTOR  108 
 (5) S ERVICES  110 
  (i) Telecommunications and postal services 110 
  (ii) Transportation 112   (iii) Tourism 117 
  (iv) Financial services 119 
  (v) Professional services 122 
REFERENCES 123 
APPENDIX TABLES 127 
 Niger WT/TPR/S/223/NIG 
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 CHARTS 
 
  Page 
 
I. ECONOMIC ENVIRONMENT   
I.1 Structure of merchandise trade, 2002-2008 60 
I.2 Direction of merchandise trade, 2002-2008 61  
 
TABLES 
 
I. ECONOMIC ENVIRONMENT 
 I.1
 Selected macroeconomic indicators, 2001-2008 55 
I.2 Balance of payments, 2000-2008 58 
 II. TRADE AND INVESTMENT REGIMES 
 
II.1 Niger's principal trade related laws and regulations, May 2009 65 
II.2 Niger's notifications to the WTO, December 2008 67 
II.3 Summary of the advantages associated with investment in Niger 70  
III. TRADE POLICIES AND PRACTICES BY MEASURE 
 III.1 Customs revenue by heading, 2003-2008 78 
III.2 Customs exemptions by heading, 2003-2008 80 
 IV. ANALYSIS OF TRADE POLICIES AND PRACTICES BY SECTOR 
 
IV.1 Trends in food production, 2001-2007 93 IV.2 Trends in the livestock population, 2001-2006 98 
IV.3 Live animal exports, 2001-2006 99 
IV.4 Telecommunications service indicators, 2003-2006 111  
 
APPENDIX TABLES 
 
I. ECONOMIC ENVIRONMENT 
 
AI.1 Structure of imports, 2002-2008 129 
AI.2 Structure of exports, 2002-2008 131 AI.3 Structure of exports (including re-exports), 2002-2008 133 
AI.4 Origin of imports, 2002-2008 135 
AI.5 Destination of exports, 2002-2008 136 AI.6 Destination of exports (including re-exports), 2002-2008 137 
 
 Niger WT/TPR/S/223/NIG 
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  II. ECONOMIC ENVIRONMENT 
(5) MAIN FEATURES  
1. Niger is a vast, land-locked country in West Africa.  Its population was estimated at roughly 
14 million in 2008, of whom 82 per cent were rural dw ellers engaged in informal agro-sylvo-pastoral 
activities for their own subsistence.  The population is  concentrated in the south of the country, which 
is more fertile than the desert regions in the nor th.  In 2007 life expectancy was almost 57 years and 
the birth rate some 3.3 per cent per annum. 
2. Niger is a least developed country (LDC) with an estimated per capita GDP of US$276 for 
2007.  With some of the world's lowest human development indicators, Niger ranks 174th among 
179 countries according to the 2008 UNDP human development report.1  Some 62 per cent of the 
population was afflicted by poverty in 2005, with hi gh levels of malnutrition and infant mortality 
(156 deaths per 1000 births).  The informal sector (m ainly subsistence activities) is fairly extensive. 
3. The main activities are agriculture, including livestock-rearing and fishing (almost 45 of real 
GDP), and services (almost 40 per cent);  the mini ng and energy and manufacturing sectors are not 
very developed (Table I.1).  Mining activity in  Niger, a country ranked amongst the world's top 
five producers of uranium, attracts foreign direct investment (Section 3(ii)).  Yet the continuing 
rebellion in the north of the country could hamper the development of mining, as the Agadez region has been plagued by insecurity since August 2007. 
Table I.1 
Selected macroeconomic indicators, 2001-2008 
 2001 2002 2003 2004 2005 2006 2007 2008 
Various     
Population (million)  11. 1  11.5  11.8  12.2  12.6  13.0  13.5  14.3 
Gross secondary schooling enrolment rate (%)  7.0  7.0  7.0  9.0  10.0  11.2  ..  .. 
Life expectancy at birth (years)  53.9  54.5  55.0  55.4  55.9  56.4  56.9  .. 
GDP per capita at current prices (US$)  163.5  180.3  223.1  237.0  266.8  279.6  315.2  364.4 
Real growth rate (%)  7.4  5.3  7.7  -0.8  8.4  5.8  3.3  5.9 
Terms of trade (percentage annual change)a  10.0  -2.4  -6.3  -0.6  -0.1  0.8  23.3  19.9 
Gross official reserves (end of period - US$ m illion)  110.2  121.2  245.0  228.7  262.6  ..  ..  .. 
Gross official reserves (in import months, goods and 
services, not including factor incomes)  2.8  2.8  4.2  3.2  2.9  ..  ..  .. 
Debt service due after relie f (percentage of goods and 
services exports, not including factor services)  27.5  30.4  24.2  12.9  9.3  2.5  2.9  2.8 
Sectoral distribution of GDP Percentage of GDP 
Agriculture, livestock, forestry and fishing  40.7  41.2  44.1  40.6  42.0  42.9  43.2  44.3 
Industry  13.1  13.1  12.8  13.6  12.5  12.6  12.1  11.5 
Mining and energy  6.2  6.1  6.1  6.4  5.8  5.9  5.5  5.0 
including:  electricity, gas, water  1.3  1.2  1.3  1.3  1.2  1.2  1.2  1.2 
Manufacturing (incl. construction)  7.0  7.0  6.7  7.2  6.8  6.7  6.6  6.5 
Services  40.7  39.5  37.7  39.5  38.8  38.1  38.4  37.9 
including:  Trade and repairs  13.9  15.5  14.8  15.7  15.0  14.8  14.9  14.7 
Transport, warehousing, communications  5.4  5.3  5.2  5.5  5.2  5.0  5.0  5.0 
National accounts at current market prices Percentage of GDP 
Public final consumption  13.3  12.9  16.1  17.2  15.8  15.0  17.9  .. 
Private final consumption  82.0  81.4  77.6  79.2  74.5  74.1  70.8  .. 
Gross fixed capital formation  12.8  14.7  15.1  16.9  21.6  22.6  23.3  .. 
                                                      
1 UNDP online information.  Viewed at:  http://hdrstats.undp.org/2008/countries/ 
country_fact_sheets/cty_fs_N ER.html [3 July 2009]. WT/TPR/S/223/NIG Trade Policy Review 
Page 56 
 
 
   2001 2002 2003 2004 2005 2006 2007 2008 
Variation in stocks  0.2  0.2  1.2  -2.3  1.5  1.0  0.3  .. 
Exports of non-factor goods and services  18.2  16.7  15.8  17.9  17.1  16.8  19.1  .. 
Imports of non-factor goods and services  26.4  25.9  25.8  28.8  30.5  29.5  31.5  .. 
         
Gross national savings (percentage of GDP)  7.9  8.3  8.1  6.8  14.8  14.8  14.8  .. 
Domestic savings (percentage of GDP)  4.8  5.8  6.3  3.6  9.7  10.9  11.3  .. 
Prices and interest rates     
Inflation (CPI, percentage change, annual average)b  4.0  2.7  -1.6  0.2  7.9  0.1  0.0  9.0 
Term deposits in banks (million US$)  44. 6  58.5  76.3  95.4  106.2  114.8  ..  .. 
Interest rates (deposits, annual average, percentage )  3.50  3.50  3.50  3.50  3.50  3.50  3.50  3.50 
Discount rate (end of period, annual percentage)  6.00  6.00  4.50  4.00  4.00  4.25  4.25  4.75 
         
Monetary aggregates (end of period)   
Base money (percentage of GDP)  7.8  6.6  9.7  11.9  10.8  11.8  13.2  12.5 
Money plus quasi-money (percentage of GDP)  10.3  9.5  12.6  15.2  14.0  15.0  17.5  17.1 
Lending to the economy (annual percentage change)  -2.5  7.1  5.3  9.3  8.7  15.4  11.2  19.9 
         
Exchange rates         
Average exchange rate (CFAF/US$1)  733.0  697.0  581.2  528.3  527.5  522.9  479.3  447.8 
Real effective exchange rate (end of period)a  ..  ..  ..  ..  ..  1.5  3.9  9.8 
Nominal effective exchange rate (end of period)  ..  ..  ..  ..  ..  5.6  2.6  0.8 
Public financesb, c Percentage of GDP 
Total revenue   10.0  11.2  10.2  11.4  10.6  13.0  15.2  18.9 
Tax revenue   9.4  10.0  9.9  11.0  10.2  10.7  11.5  12.0 
Total expenditure and net loans  18.5  19.3  17.9  20.8  20.2  19.7  23.4  23.5 
Total current expenditure  11.8  11.2  10.4  11.3  9.3  9.1  11.8  12.9 
Capital expenditure and net lending   6.6  8.1  7.5  9.5  10.9  10.6  11.6  10.6 
Capital expenditure  6.7  8.1  7.5  9.4  10.9  10.6  11.6  10.6 
Overall fiscal balance (commitments basis, excluding 
grants)  -8.5  -8.1  -7.7  -9.4  -9.5  -6.8  -8.2  -4.5 
Change in payments arrears  -1.3  -2.3  -0.8  -1.3  -0.7  -0.7  -0.4  -0.7 
of which:  external arrears (net)  0.0  0.0  0.0  0.0  0.0  0.0  -0.3  0.0 
Overall fiscal balance (collection basis, excluding grants)  -9.8  -10.5  -8.6  -10.7  -10.2  -7.5  -8.6  -5.2 
Financing   9.8  10.5  8.6  10.7  10.2  7.5  8.6  5.2 
External funding  9.1  9.7  8.8  9.1  10.1  12.3  9.7  7.2 
Domestic funding  0.7  0.7  -0.2  1.6  0.1  -4.8  -1.1  -2.0 
.. Not available. 
a Index 2000 = 100. 
b Estimates for 2008. 
c (-) indicates a deterioration/depreciation. 
Source : Online information, National Institute of Statistics.  Vi ewed at:  http://www.stat-niger .org/;  African Development 
Bank (2008), Selected Statistics on African Countries , Volume XXVII;  IMF (2007), Niger:  Questions générales 
et Appendice statistique , Rapport No. 07/14 January.  Viewed at: http://www.imf. org;  IMF (2009), Niger:  
Selected Issues and Statistical Appendix , Report No. 09/70, Febr uary.  Viewed at:  ht tp://www.imf.org;  and 
IMF (2009), Niger:  Second Review Under the Three-Year A rrangement Under the Poverty Reduction and Growth 
Facility and Request for Modification of Performance Crite ria - Staff Report;  Press Release on the Executive 
Board Discussion , Report No. 09/172, May.  Viewed at:  http://www.imf.org Niger WT/TPR/S/223/NIG 
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  4. As a WAEMU member, Niger shares several economic policy components with the other 
members, including monetary and exchange-rate policies, and a common currency (joint report, 
Chapter I.1).2 
(6) RECENT ECONOMIC DEVELOPMENTS3 
5. Supported by development partners, the Acce lerated Development and Poverty Reduction 
Strategy (ADPRS)4 is pursuing the Millennium Development Go als set for 2015.  In the framework of 
the ADPRS, Niger has drawn up a programme of macr oeconomic and structural reforms that covers 
the 2008-2010 period and is supported by an IMF Poverty Reduction and Growth Facility (PRGF) 
worth a total of 23.03 million in SDRs (around US$34.9 million)5;  the second PRGF review took 
place in June 2009.6  In the course of 2009, Niger committed to  continue its structural reforms in the 
subsectors of energy and financial services. 
6. Since its first TPR in 2003, Niger has reached the completion point under the Heavily 
Indebted Poor Countries (HIPC) initiative, which enabled it to finalize the cancellation of 
US$1.2 billion of its debt in April 20047, and then to become eligible under the Multilateral Debt 
Cancellation Initiative (MDCI) at the end of 2005.8  According to the World Bank, Niger's foreign 
debt was US$805 million at the end of 2006 (versu s 2 billion in 2003), representing 22 per cent of its 
GDP but a relatively substantial 134 per cent of its exports.  Two thirds of this is concessional debt. 
7. Niger's economic performances since its last TPR  in 2003 are still being determined largely 
by the outcome of its harvests, which are themselv es subject to the harsh climatic conditions in the 
Sahel.  GDP thus fell 0.8 per cent in 2004 owing to  drought and the locust plague, but recovered to 
7.4 per cent in 2005.  Up 25 per cent (in nominal terms), the 2007-2008 harvest was a very good one, 
and this made for estimated real sectoral growth of 9.5 per cent in 2008.  This combined with the 
buoyancy of the services sector to yield estimated real GDP growth of 5.9 per cent in 2008, as against 3.3 per cent in 2007, and an average of 5.0 per cent over the period 2003 to 2008 (Table I.1). 
8. As regards GDP utilization (Table I.1), the sh are of household consumption contracted in 
favour of public consumption and investment:  whilst private consumption moved from a peak of 
77.6 per cent in 2003 to 73 per cent in 2007, overall investment (public and private) moved from 
15.1 per cent of GDP in 2003 to 23.6 per cent in 2007.  Household consumption is expected to 
account for 71.5 per cent of 2008 GDP thanks to the good harvest and higher incomes;  investment is 
                                                     
 
2 Niger accepted Article VIII of th e IMF Statutes on 6 June 1996. 
3 Government of Niger (2009);  National Institute of Statistics (2009);  IMF (2009a);  WAEMU (2008);  
Bank of France (2008). 
4 IMF (2008).  This document was adopted in August 2007 and builds on the poverty reduction strategy 
adopted in January 2002. 
5 Press Release No. 08/127, "IMF Executive Board Completes Sixth and Final Review Under the 
PRGF Arrangement with Niger and Approves New US$3 7.5 Million Successor PRGF Arrangement", 
29 May 2008.  Viewed at:  http://www.imf.org/ext ernal/np/sec/pr/2008/pr08127.htm [3 July 2009]. 
6 Press Release No. 09/166, "IMF Completes the Second Review under Niger's PRGF and Approves 
US$5.0 million Disbursement", 13 May 2008.  Viewed at:  http://www.imf.org/external/np/sec/pr/2009/pr 
09166.htm [3 July 2009]. 
7 Press Release No. 04/72, "The IMF and the World Bank support US$1.2 billion in debt relief for 
Niger under the Enhanced HIPC Initiative".  Viewed  at:  http://www.imf.org/external/np/sec/pr/2004/ 
pr0472.htm [3 July 2009]. 
8 Press Release No. 05/286, "IMF to Extend 100 per cent Debt Relief for 19 Countries Under the 
Multilateral Debt Relief Initiative", 21 December 2005.  Viewed at:  http://www.imf.org/external/np/ 
sec/pr/2005/pr05286.htm [3 July 2009]. WT/TPR/S/223/NIG Trade Policy Review 
Page 58 
 
 
  expected to have risen in 2008 to 26.3 per cent of  GDP.  Government consumption is expected to 
show a 6.8 per cent increase for 2008. 
9. The persistence of inflationary pressures d espite the BCEAO's traditionally restrictive 
monetary policy is ascribed to the sharp increase in food (mainly cereals) and energy prices on world 
and regional markets between 2005 and 2008.  In res ponse, subsidy measures were implemented as of 
2008 (exemption from import duties and VAT on rice,  milk, sugar and edible oil, worth some 
CFAF 12.4 billion in 2008).  Yet this did not halt the spike in consumer prices in Niger, which peaked 
at 9.0 per cent (annual basis) in December 2008,  thus surpassing the WAEMU convergence criterion 
of 3.0 per cent maximum.  The authorities report that this figure is expected to fall back in 
February 2009 thanks to the significant boost in supply resulting from the exceptional 
2007-2008 harvest, which made it possible to recons titute cereal stocks, including security buffer 
stocks (78,000 tonnes), and owing also to a 20 pe r cent decline in the prices of petroleum products 
between December 2008 and February 2009.  The level of inflation in  Niger depends on trends in 
food prices on world and regional markets;  the country's landlocked status could exacerbate 
inflationary trends in times of generalized price increases related to an energy crisis, for example. 
10. In 2008, Niger posted a budget balance (commitm ents basis (including grants)) of 0.5 per 
cent, compared to -1.0 per cent in 2007.  Offici al development assistance funded 72 per cent of public 
investments for the period 2003 to 2007, or the equi valent of one third of total annual government 
expenditure, making Niger one of th e principal beneficiaries in sub-Saharan Africa.  Niger also 
complied with the convergence criteria for the ratio of external debt to GDP, remaining well below 
the Community threshold of 70 per cent thanks to the cancellation of its debt.  It also met the criterion 
regarding domestic and external payment arrears. 
11. The balance-of-payments deficit on current account rose from 8.3 per cent of GDP in 2003 to 
almost 13 per cent in 2008 owing to substantial imports of equipment and materials for projects being 
funded by foreign direct investment (Section 3(ii)), as well as imports of foodstuff, including freight 
and related costs.  The appreciable increase in impor ts and exports in value terms over this period has 
increased the deficit despite the rise in current transf ers, mainly by workers who have migrated abroad 
(Table I.2).  The marked increase in the financial operations account thanks ma inly to a bigger input 
from foreign direct investment was not enough to absorb the deficit. 
Table I.2 
Balance of payments, 2000-2008 
(Million US$) 
 2000 2001 2002 2003 2004 2005 2006 2007 2008 
Current account   -111.1  -92.6  -141.9  -218.0  -226.4  -278.9  -354.8  -382.7  -672.4 
Trade balance  -47.6  -59.1  -91.5  -135.9  -148.4  -259.4  -240.4  -231.8  -389.0 
Exports  282.6  272.4  279.5  352.5  425.0  489.1  507.9  664.1  888.5 
Imports  330.2  331.6  371.2  488.5  573.4  748.5  748.3  896.0  1277.6 
Services and income (net)  -110.8  -105.5  -125.8  -155.4  -181.7  -201.3  -236.2  -285.2  -442.8 
Services (net)  -94.4  -90.4  -101.7  -129.2  -168.8  -191.9  -237.3  -284.8  -426.1 
Income (net)  -16.6  -15.0  -24.1  -26.2  -12.9  -9.5  1.1  -0.4  -16.5 
of which:  interest on the external 
public debt  -27.5  -32.9  -30.4  -27.7  -15.1  -15.2  -7.1  -9.2  -8.3 
          
Current transfers (net)  47.3  71.9  75.3  73.3  103.7  181.6  121.8  134.6  159.2 
Private (net)  3.8  14.3  12.3  16.7  30.7  82.5  79.6  91.8  105.0 
Public (net)  43.5  57.6  63.0  56.6  73.1  99.3  42.3  42.8  54.3 
of which:  grants for budget 
support  31.2  35.1  26.7  72.4  50.2  73.4  35.6  57.4  79.5 
          Niger WT/TPR/S/223/NIG 
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   2000 2001 2002 2003 2004 2005 2006 2007 2008 
Capital and financial account  91.9  72.0  111.3  134.4  161.3  323.4  560.5  533.7  796.3 
Capital account   53.9  46.7  77.2  92.4  99.0  153.6  1744.2  320.1  253.2 
of which:  concessions for 
projects  52.1  44.6  65.7  67.8  88.0  146.2  183.0  248.3  237.4 
          
Financial account   37.9  25.4  34.1  42.0  62.3  169.9  -1183.6  213.7  543.1 
Direct investment  9.0  26.5  4.2  11.5  13.3  34.7  51.4  121.0  502.4 
Portfolio investment  9.1  3.7  1.4  -2.6  2.7  41.7  -3.8  -6.3  -7.1 
Other investment  19.8  -4.8  28.6  33.0  46.4  93.5  -1,231.2  98.9  47.8 
Public sector (net)  27.1  16.9  45.6  51.3  78.9  87.2  -1,275.0  98.3  48.5 
Other (net)  -7.3  -21.8  -17.1  -18.2  -32.6  6.3  43.8  0.8  -0.7 
          
Net errors and omissions  -23.3  -12.6  -31.0  119.1  14.4  -15.7  -18.0  -7.5  0.0 
Overall balance  -42.4  -33.1  -60.8  35.6  -50.7  28.8  187.8  143.8  123.9 
          
Indicators (percentage)          
Trade balance/GDP  -2.9  -3.3  -4.4  -5 .1  -5.1  -7.7  -6.6  -5.5  -7.5 
Current account/GDP  -6.7  -5.1  -6.9  -8.3  -7.8  -8.3  -9.7  -9.0  -12.9 
Overall balance/GDP  -2.5  -1.8  -2.9  1.3  -1.8  0.9  5.1  3.4  2.4 
Source : IMF (2009), Niger:  Second Review Under the Three-Year A rrangement Under the Poverty Reduction and Growth 
Facility and Request for Modification of Performance Crite ria - Staff Report;  Press Release on the Executive 
Board Discussion , Report No. 09/172, May.  Viewed at:  http://www.imf.org;  IMF (2009), Niger:  Selected Issues 
and Statistical Appendix , Report No. 09/70, February.  Viewed at:  h ttp://www.imf.org;  and Online information, 
National Institute of Statistics., "Comptabilité nationale"  (National Accounts).  Viewed at:  
http://www.stat-niger.org/ 
(7) TRADE AND INVESTMENT TRENDS  
(ii) Trade in goods and services 
12. The structure of Niger's trade has hardly cha nged since 2003 (Tables AI.1, AI.2 and AI.3 and 
Chart I.1).  Niger's imports consist mainly of pe troleum and food products, materials and equipment, 
and automobiles.  Between 2006 and 2008, changes in  the value of these items were largely dictated 
by skyrocketing energy and food prices on internationa l markets, a trend that seems to have levelled 
off since the onset of the financial crisis in Se ptember 2008.  The European Communities in general 
and France in particular are still the main source of  Niger's imports, followed by Nigeria, China and 
Thailand (mainly rice) (Table AI.4 and Chart I.2). 
 WT/TPR/S/223/NIG Trade Policy Review 
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  0%10%20%30%40%50%60%70%80%90%100%
2002 2003 2004 2005 2006 2007 2008
0%10%20%30%40%50%60%70%80%90%100%
2002 2003 2004 2005 2006 2007 2008Chart I.1
Structure of merchandise trade, 2002-2008
(a) Exports, including re-exports (f.o.b.)
(b) Imports (c.i.f.)
Source : WTO Secretariat calculations, based on data extracted from Comtrade, UNSD (SITC, Rev.3).Uranium ore Live cattle TextilesOther food products Fruits Machinery and transport equipment
Live sheep and goats Other primary products Other goods
Fuels Non-electrical machineryRice Other primary products Electrical machinery
Cigarettes containing tobacco Iron and steel Machinery and 
transport equipmentMilk and cream Chemicals
Textiles and clothing Other semi-finished products Other food products
Other products
 Niger WT/TPR/S/223/NIG 
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  0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%2002200320042005200620072008Chart I.2
Direction of merchandise trade, 2002-2008
0% 20% 40% 60% 80% 100%2002200320042005200620072008(a)  Exports, including re-exports (f.o.b.)
(b) Imports (c.i.f.)
Source :WTO Secretariat calculations, based on data extracted from Comtrade, UNSD (SITC, Rev.3).Other EC(27)
Switzerland and 
LiechtensteinUnited States
FranceNigeria
GhanaCôte d'Ivoire
Other countries 
in Africa
NetherlandsUnited States China
France
Middle EastTogo
Other countries in Africa
NigeriaOther EC(27)
Côte d'IvoireJapon
Other countries in AsiaOther
Japan
Other countries in AsiaOther
 WT/TPR/S/223/NIG Trade Policy Review 
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  13. Uranium is still Niger's leading export product (Tables AI.5 and A1.6, and Chart I.2);  its 
share has increased significantly since 2003 and stood at  63 per cent in 2007.  This was mainly due to 
soaring uranium spot market prices as of 2004 triggered by the renewed interest in nuclear energy.  The price peaked in June 2007  and has since fallen back, though remaining highly volatile.
9  At the 
beginning of 2007, Niger sold its strategic uranium stocks on the spot market to take advantage of 
high prices.10  The bulk of Niger's output (produced by  the COMINAK and SOMAIR joint ventures) 
is exported to France and Japan.  After renegotiations in August 2007, the price set per kilogram rose 
46.5 per cent (from CFAF 27,300 to CFAF 40,000);  an agreement conclude d in early 2008 provides 
for another 50 per cent price hike.  The country's  second most important export item is foodstuffs 
(cereals, horticultural products, onions, cowpea s), as well as live animals exported to Nigeria 
(Chapter IV(2)(iii)). 
14. Niger is a net services importer (Table I.2).  No  detailed information on services is available. 
(iii) Foreign direct investment (FDI) 
15. Foreign direct investment in Niger has incr eased considerably since 2003 (Table I.2).  FDI 
recently received a fresh boost with the arrival of the third mobile telephony operator (Orange-Niger, 
held by France Telecom), and the grant of mining permits to AREVA to work the Imourraren uranium 
deposits and to the China National Nuclear Corpora tion to work the Aselik uranium deposits.  In 
June 2008, the China National Petroleum Corpora tion obtained the Agadem petroleum exploitation 
contract, a project that envisages the construction of a 500 kilometre pipeline linking Agadem to the new refinery, to be done in partnership with th e government (Chapter IV(3)).  Despite the world 
financial crisis, the authorities do in principle expe ct FDI to remain substantial, given the current 
opportunities in Niger in the spheres of mining projects and privatization. 
(8) O
UTLOOK  
16. Niger is expecting real economic growth of 4. 5 per cent in 2009, and even higher rates over 
the medium term.  It is counting on substantial FDI flows that should be generated by ongoing or 
planned infrastructure projects such as the building of the Kandadji dam to secure the country's energy 
independence, the rehabilitation a nd expansion of irrigation systems to support the agricultural sector 
and protect it against the vagaries of the climate, the building of a second bridge in Niamey, the construction of the Nigeria-Niger-Algeria gas pipe line, and the construction of a new refrigerated 
slaughterhouse with a capacity of 40 tonnes of meat per year in Niamey.  As regards mining, the 
Imourraren project should make Niger the world's se cond largest producer of uranium.  Also worthy 
of mention is the start-up of oil mining, the building of an oil refinery in Zinder, the construction of a 
new cement works, and the extraction of mineral coal in Salkadamna. 
17. In addition to these projects, Niger expects to continue its reforms, including improved 
management of the government's fi nancial operations and stabilizing its macroeconomic framework.  
                                                     
 
9 L'Usine nouvelle , "Uranium un marché en quête d'équilibre",  27 March 2008.  Viewed at:  
http://www.usinenouvelle.com/article/u ranium-un-marche-en-quete-d-equilibre.134727.  Depending on the 
year, the spot market covers between 8 and 12 per cent of the needs of power plan ts, but the volume traded 
remains low.  Uranium spot prices moved from US$9.50/lb. at the end of 2002 to US$36.25 at the close of 2005, 
reaching US$60 at end-2 006 and peaking at US$138 in June 2007.  On 3 July 2009 the spot price was US$52.  
(Commodity Charts, online information.  Viewed at:  http://futures.tradingcharts.com/ marketquotes/UX.html 
[3 July 2009]). 
10 Mineweb , "Niger extends Areva's uranium mining contracts", 3 August 2007.  Viewed at:  
http://www.mineweb.net/mineweb/view/mineweb/en/page38?oid=24735&sn=Detail [3 July 2009]. Niger WT/TPR/S/223/NIG 
 Page 63 
 
 
  It is counting on the monetary discipline arising from its membership in the WAEMU in order to 
contain domestic inflation.  Yet while politi cal developments in Niger since 2009 pose no 
fundamental threat to all these factors underlying this economic outlook, they could limit them, 
considering the particular importance of fo reign aid to Niger's economy up to now. 
 WT/TPR/S/223/NIG Trade Policy Review 
Page 64 
 
 
  III. TRADE AND INVESTMENT REGIMES 
(5) GENERAL FRAMEWORK  
18. A new Constitution establishing the Sixth Re public was adopted by referendum on 
4 August 2009 and promulgated by pr esidential decree on 18 August 2009.11  The new constitution 
removed the limit of two terms of office for the Pr esident of the Republic;  from now on, the five-year 
presidential term of office ma y be renewed without limitation.12  The new Constitution also provides 
for a bicameral Parliament consisting of a Nati onal Assembly and a Senate, the latter being an 
institutional innovation. 
19. The Ministry of Trade, Industry and Standardisation is responsible for Niger's trade policy, 
including multilateral trade negotiations at the WTO.  The Ministry is also the focal point for the 
follow-up of WTO trade agreements and Niger's participation in WTO activities.  It is assisted by an inter-institutional technical advisory committee comprising four subcommittees (WTO follow-up, 
trade facilitation, follow-up of the Economic Partne rship Agreement (EPA) with the European Union, 
Integrated Framework Steering Committee).  Depending on the subject at hand, the Ministry is assisted by other departments.  The Ministry of Fina nce thus represents the country at the ministerial 
meetings of the Franc Zone, WAEMU and ECOWAS ;  it is the body that supervises the General 
Directorate of Customs and Indirect Taxation. 
20. The Chambre de commerce, l'agricu lture, d'industrie et d'artisanat  - CCAIAN (Chamber of 
Commerce, Agriculture, Industry and Crafts of Niger)
13 coordinates consultations between economic 
operators and government authorities on all lega l, fiscal, economic (including commercial) and 
financial matters.  The CCAIAN houses the Guichet unique de formalités du commerce extérieur - 
GUFCE (Single Window for Foreign Trade Formalities) where economic operators obtain the statistical registration forms with which to effect their customs clearance operations (Chapter III(ii)), 
as well as the Single Window for the Establishment of Enterprises (Section 4).  Since 2003, the National Private Investors Council (CNIP)
14, chaired by the Prime Minister, with the President of 
CCAIAN and the Minister of Commerce as Vice-Chair s, has been striving to promote the private 
sector by tackling the various factors hamperi ng its development (Section 4) through a dialogue 
between the public and private sectors. 
21. In the endeavour to create a more investment-fri endly environment, Niger's judicial system 
has been strengthened thanks to a series of pr ogrammes funded by its development partners.  
Nevertheless, a 2006 World Bank survey found that  some "60 per cent of manufacturing company 
managers regard the courts as unfair, partial and corrupt"15, with the result that recourse to the system 
of justice is relatively rare.16  Besides, almost half of all company managers consider civil servants' 
                                                      
11 The definitive text of the new Constitution was not yet available online when this report was 
completed (end of August).  Its preliminary draft was adopted 10 July 2009 by the Council of Ministers.  
Viewed at:  http://www.presidence.ne/avant _projet_6e_rep.htm [24 August 2009]. 
12 The current president was elected in 1999 under the Niger Constitution of 9 August 1999 and 
re-elected in 2004 to a term of office that should end definitively in December 2009 under the 
1999 Constitution.  The new Constitution gives the current President the possibility to prolong his time in office. 
13 Online information from the Niger Chamber of Commerce, Agriculture, Industry and Crafts.  
Viewed at:  http://www .ccaian.org/index.html 
14 Decree No. 2003-175/PRN/PM of 18 July 2003.  Viewed at:  http://www.investir-au-niger.org/p_ 
uemoa_oe.htm 
15 World Bank (2007). 
16 According to the Association des hautes juridictions de cassation des pays ayant en partage l'usage 
du français , only three trade dispute rulings were handed do wn between 2005 and 31 Ju ly 2007, compared to Niger WT/TPR/S/223/NIG 
 Page 65 
 
 
  interpretation and application of  the regulations and laws affecting their enterprises to be 
unpredictable.17 
22. In practice, the decentralisation and de-concen tration of this vast country's territorial 
administration has been under way since 2001.18  The territory is subdivided into eight regions, 
36 departments and 265 municipalities, represented on the Haut conseil des collectivités territoriales  - 
HCCT (High Council of Territorial Authorities), which assists the President of the Republic.  The first municipal elections were held in the 52 urban a nd 213 rural municipalities on 25 July 2004, and the 
elected officials are in place.
19  In principle, the municipalities are responsible for the basic public 
services of education, health, water resources and,  in the case of urban municipalities, roadways and 
sanitation.  The law on decentralisation distinguishes between taxes and charges that are strictly the 
responsibility of the municipalities, which collect and manage them, from those levied by the government.  In practice, however, given the po verty of the population in the municipalities, 
municipal activities depend largely on subsidies.  On average, about a third of the operating budget 
for municipalities was implemented in 2007, and about 40 per cent of their investment budget.  The 
National Agency for the Financing of Territorial  Authorities was set up in 2008 to supplement the 
municipalities' insufficient finances, but w as still not yet operational in July 2009. 
23. In Niger, international agreements take pr ecedence over national laws as soon as they are 
ratified, provided that each agreement or treaty is being applied by the other parties.  Supranational 
regulations are therefore at the top of the hierarchy of regulations in Niger, followed by the Constitution, laws, ordinances and decrees.  Niger's main trade-related legal texts are set out in 
Table II.1. 
Table II.1 
Niger's principal trade-related laws and regulations, May 2009 
Area Instrument/text 
Customs regime Law No. 61-17 of 31 May 1961, and its implementing decree No. 61-211 (of 
14 October 1961), supplemented by various texts (laws, ordinances, decrees, 
circulars) 
Customs tariff  Regulation No . 08/2007/CM/UEMOA, as amended 
Customs valuation  Regulation No. 4/99/CM/UEMOA 
Value-added tax, excise duties Tax Code, as amen ded by Law No. 2007-36 enacting the 2008 Finance Law 
Import inspection and verification programme   Decree No. 96-021 of 12 February 1996 
Import prohibitions and licenses Decree No. 90-146/PR N/MPE of 10 July 1990;  Order No. 028/MPE/DCE of 
16 August 1990, as amended by Order No. 023/MPE/DCE of 23 May 1991  
Standardization, certification and accred itation Law No. 2002-028 of 31 December 2002 
Petroleum product quality control La w No. 2001-001 of 15 February 2001 
Pharmaceuticals Ordinance No. 97-002 of 10 January 1997  
Sanitary measures Ordinance No. 93-13 of 2 March 1993 
Phytosanitary measures Ordinance No. 96-008 of 21 March 1996 
Animal health measures Law No. 2004-048 of 30 June 2004 
                                                                                                                                                                     
91 rulings for civil disputes, 191 rulings for customary cases, 65 rulings on criminal cases and 24 rulings on 
labour matters.  Viewed at:  http://www.ahj ucaf.org/spip.php?brev e71 [20 December 2008]. 
17 World Bank (2007). 
18 Law No. 2001-023 of 10 August 2001.  The texts on decentralization were viewed at the following 
address:  http://www.case.ibimet.cnr.it/den/Doc uments/code_rural/cdrom/textes%20relatifs%20% 
E0%20la%20d%E9centralisation.html [20 December 2008]. 
19 Haut conseil des collectivités territoriales  (High Council of Territorial Authorities) (2009). WT/TPR/S/223/NIG Trade Policy Review 
Page 66 
 
 
  Area Instrument/text 
Procedures and regulations for the establishment of 
private commercial enterprises Uniform Act of 17 April 1997 relating to general commercial law;  Uniform Act 
of 17 April 1997 relating to commercial companies and economic interest 
groups;  Uniform Act of 17 April 1997 on organizing securities;  Uniform Act 
of 10 April 1998 on the organization of  simplified recovery procedures and 
enforcement;  Uniform Act of 10 April 1998 on bankruptcy and insolvency; Uniform Act of 11 March 1999 on arbitra tion, Uniform Act of 22 March 2000 
on the organization and harmoni zation of business accounting. 
Investments Ordinance No.89-19 of 8 December  1989, as amended by Ordinance No. 97-09 
of 27 February 1997, Ordinance No. 99- 69 of 20 December 1999 and Law 
No. 2001–20 of 12 July 2001  
Large-scale mining investment projects Law No. 2008-30 of 3 July 2008 
Protection of industrial prope rty Bangui Agreement (1999) 
Protection of copyright and neighbouring rights Ordinance No. 93-27 of 30 March 1993 
Competition and price Ordinance No. 92-025 of 7 July 1992 
Privatization of public enterprises 
 - List of enterprises 
 - Procedures   
- Ordinance No. 96-062 of 22 October 1996, as supplemented - Ordinance No. 96-75 of 11 December 1996 on Privatization, as amended 
Government procurement Ordinance No. 2002-007 of 18 September 2002, amended by Ordinance 
No. 2008-06 of 21 February 2008 
Environment Code Law No. 98/56 of 29 December 1998 
Hunting and wildlife protection Law No. 98-07 of 29 April 1998 
Framework law on livestock rearing Law No. 2004-048 of 30 June 2004 
Fisheries regime Law No. 98-42 of 7 December 1998 
Mining Code Ordinance No. 93-13 of 2 Marc h 1993, supplemented by Ordinance No. 99-48 
of 5 November 1999, and Law No. 2006-26 of 9 August 2006 
Petroleum Code Law No. 2007-01 of 31 January 2007 
Hydrocarbons (downstream activities) Directive No. 06/2001/CM/WAEMU of 26 November 2001 harmonizing the 
taxation of petroleum products within the WAEMU 
Energy Code Law No. 2003-04 of 31 January 2003 
Water system Ordinance No. 93-014 of 2 March 1993, as amended by Law No. 98-041 of 
7 December 1998 
Land transport Order No. 09/MT /DTT-MF of 13 February 2007 establishing the modalities for 
the removal of Niger's cargo from transit ports. 
Regulation No. 14/2005/CM/UEMOA regardi ng the harmonization of standards 
and procedures for the control of the size, weight and axle load of heavy 
vehicles for goods transport in the Member States of the West African 
Economic and Monetary Union (WAEMU ) (Implementing Decree in Niger 
No.2005/054/PRN of 1 February 2005). 
Civil aviation Yamoussoukro Declaration (2002) 
Telecommunications Ordinance No. 99-45 of 26 October 1999 
Foreign financial relations  Or dinance No. 97-006 of 30 January 1997 
Banking services (credit establishments) Law No. 90-001 of 6 January 1990 
Insurance Insurance Code of the Inter-Afri can Conference on Insurance Markets (CIMA) 
Source : Niger authorities. 
(6) POLICY OBJECTIVES  
24. The Accelerated Development and P overty Reduction Strategy (ADPRS)20 provides the frame 
of reference for Niger's economic, financial and so cial policies for the period from 2008 to 2012.  
Adopted in 2007, this document builds on the Pove rty Reduction Strategy Paper (PRSP) adopted in 
January 2002.21  The ADPRS aims to re alise the Millennium Devel opment Goals (MDGs) by 2015, 
                                                      
20 IMF (2008). 
21 Government of Niger (2002). Niger WT/TPR/S/223/NIG 
 Page 67 
 
 
  and more specifically to reduce the overall incide nce of poverty from 63 per cent to less than 50 per 
cent by 2015.  This is to be achieved through "s trong and sustained economic growth that creates 
wealth and jobs, particularly for the poor and in ru ral areas", through the emergence of a "diversified 
and competitive economy within an integrated s ubregional environment" in the framework of the 
West African Economic and Monetary Union (W AEMU) and the Economic Community of West 
African States (ECOWAS).  The ADPRS funding needs are estimated at some US$11.1 billion, 41.4 per cent of which will be financed with dom estic resources and 58.6 per cent with external 
resources, thanks to the support of development pa rtners.  Niger has formulated a macroeconomic and 
structural reform programme covering the period 2008 to 2010, and it is backed by an IMF Poverty 
Reduction and Growth Facility (PRGF) (Chapter I(2)). 
25. To speed up growth, the Government's foremo st endeavour is to step up agricultural 
productivity and better control the impacts of clim atic factors, as this could make for increased 
agricultural exports.  The Government encourages dir ect investments in particular with a view to 
better exploiting the country's wealth, including its mineral wealth.  The continued implementation of 
the programme to privatize state-owned enterpri ses is aimed at further improving the business 
environment and boosting efficiency.  The Government  is taking an interest in the development of 
new communications technologies. 
(7) T
RADE AGREEMENTS AND ARRANGEMENTS  
26. Niger is an original Member of the WTO and endeavours to participate effectively in the 
Organization's activities (joint report, Chapter II(1 )).  Yet Niger is still finding it difficult to 
implement the Agreements, including those covering notifications (Table II.2);  Niger has submitted 
just one notification since its last TPR in 2003, on standardization.  The integrated database (IDB) 
contains tariff data for Niger dating from 2002 and 2007.22 
27. At the regional level, Niger is a member of sev eral organizations togeth er with other countries 
in West Africa including Senegal (joint report, Chapter II). 
Table II.2 
Niger's notifications to the WTO, December 2008 
Agreement WTO document Content 
Multilateral agreements on trade in goods 
GATT 1994 Schedule LIII - Niger, 15 April 1994 Tariff concessions 
Agreement on Implementation of 
Article VII of the GATT 1994 WT/LET/301 of 1 June 199 9 Delayed application 
Agreement on Preshipment Inspection G/PSI /N/1/Add.5 of 5 February 1997, Add. 7 
of 24 February 1998, Add. 8 of 28 September 
1999 Laws and regulations 
Agreement on Rules of Origin G/RO/N/19 of 23 January 1998 Laws and regulations 
Agreement on Import Licensing 
Procedures G/LIC/N/1/NER/1 of 12 January  1998 Laws and regulations 
Agreement on Technical Barriers to Trade G/TBT/2/Add.95 of 10 September 2007 Implementa tion and administration of 
the agreement 
General Agreement on Trade in Services 
 GATS/SC/64 of 15 April 1994 Schedule of Specific Commitments in 
Services 
 GATS/EL/64 of 15 April 1994 Article II (MFN) exemption list 
                                                      
22 WTO document, G/MA/IDB/2/Rev.29 of 10 October 2008. WT/TPR/S/223/NIG Trade Policy Review 
Page 68 
 
 
  Agreement WTO document Content 
Marrakesh Agreement Establishing the World Trade Organization 
 WT/MIN(01)/15 of 14 November 2001 Wa iver of obligations under Article I.1 
of GATT 1994 for the ACP-EC 
Partnership Agreement 
Enabling Clause   
 WT/COMTD/N/11 of 3 February 2000a, 
WT/COMTD/N/11/Add.1 of 2 March 2001b, 
WT/COMTD/N/11/Add.2 of 22 August 2001 
and Corr.1 of 26 March 2002c West African Economic and Monetary 
Union (WAEMU)  
 WT/COMTD/N/21 of 26 September 2005d Economic Community of West African 
States (ECOWAS) 
a Notification by Senegal. b Notification by Burkina Faso. c Notification by Côte-d'Ivoire. 
d Notification by Ghana. 
Source : WTO Secretariat. 
(8) INVESTMENT REGIME  
28. Niger's Investment Code lays out the general principles governing the reception and 
protection of foreign investment, as well as the incentives available for a pproved projects and the 
procedures entailed, in particular vis-à-vis  the Investment Commission.23  The Code governs a set of 
activities, excluding the mining and processing of mine rals for which concessions can be obtained, 
which are still governed by the Mining Code or th e Petroleum Code (Chapter IV(3)), supplemented 
since 2008 by a law governing large-scale mining investments.24  Moreover, some activities covered 
by the Code such as fixed telecommunications (C hapter III(4)(iii)) remain under government control, 
whilst others such as the postal service and some tr ansport services, are not covered by the Code but 
are also under government control. 
29. Niger offers the customary guarantees to forei gn direct investors pertaining to security of 
capital and investment, compensation for expropriation,  and equality of treatment.  According to the 
exchange rate regime in force (Chapter I(2)), fore ign investors may be permitted to transfer income 
derived from invested capital and from liquidated inv estments, provided the original investment is 
made in convertible currencies.  Disputes with th e Government may be settled either by means of a 
national arbitration procedure, or by recourse to  the International Centre for the Settlement of 
Investment Disputes (ICSID).  In 1965, Niger conc luded a double taxation agreement with France, 
and a series of instruments are in place to facilitate  investments by French persons on its territory.  
Besides, like the Cotonou Agreement, the Economic Partnership Agreements with West Africa would 
contain provisions for the protection of inv estments (Section 3(ii)(d)).  In 2002 the WAEMU 
Commission (of which Niger is a member) concluded an agreement on the development of investment 
relations with the United States.  Niger's memb ership of the Multilateral Investment Guarantee 
Agency (MIGA) since 2002 also offers possibl e guarantees for investors against non-commercial 
risks. 
                                                      
23 Ordinance No. 89-19 of 8 December 1989, as amended by Ordinance No. 97-09 of 
27 February 1997, Ordinance No. 99-69 of 20 December 1999 and Law No. 2001–20 of 12 July 2001. 
24 Law No. 2008-30 of 3 July 2008. Niger WT/TPR/S/223/NIG 
 Page 69 
 
 
  30. Enterprises operating in Niger are require d to comply with the Commercial Code25, the 
Labour Code26, and the seven uniform acts on commercial co mpanies adopted by the Organisation for 
the Harmonisation of Business Law in Africa (OHADA)27 and transposed directly into Niger's 
legislation.  Every one-person enterprise or company in Niger must be entered in the Register of 
Companies, and must obtain a Tax Identification Number (TIN), and be registered with the National 
Social Security Fund (CNSS) and with the National Employment Promotion Agency (ANPE).  The CCAIAN houses the Single Window known as th e Centre for Business Formalities
28, which 
centralises the formalities that must be completed with the 18 administrations concerned, some of 
which are represented directly at the Window (in part icular the Directorate General for Taxes and the 
CNSS).  The CNIP has been instrumental in reducing the number of company incorporation 
procedures from 11 in 2007 to four in 2009, thereb y substantially shortening waiting times and costs.  
Since 2006, the requirement for foreigners to obtain an "operating permit" from the Minister 
responsible for trade has been relaxed, this bei ng one of the principal outcomes of the process of 
consultation between the public and private sectors that began in 2003 (Section 1).  Other significant 
reforms have been a reduction in the cost of  company incorporation (from CFAF 300,000 to 
CFAF 40,000), and the fact that payment of a fee is no longer required to gain access to 
CCAIAN services.  However, the recruitment of forei gn workers, irrespective of nationality, is subject 
to authorization from the Ministry of Labour.  The Investment Promotion Centre (CPI), which is a 
part of the CCAIAN, offers support and follow-up services to project promoters.29  Still, notary fees 
for the drafting and registration of company incorpor ation documents (set in proportion to the capital) 
are still a disincentive. 
31. The Investment Code provides for three privile ged regimes - A, B and C - the advantages of 
which increase depending on the capital input and/or th e number of jobs created for nationals of Niger 
(Table II.3).  During the investment phase, the approved investments are exempt from import duties 
and taxes (including VAT but not the 1 per cent sta tistical tax) on material and equipment needed for 
the project, except where they are available loca lly.  The advantages provided during the operational 
phase include exemption from profit tax (35 per cent).  Privatized enterprises are eligible for benefits 
under the Code.  Investments in the following fields may also give entitlement to specific benefits:  
craft production (of interest to Niger companies), cultural and artistic production, the building of 
schools and clinics, and technological innovation. 
32. The application for approval must be submitted to the Ministry of Industry using a standard 
presentation format.  If the dossier is complete, the statutory time-frame for obtaining the approval is 
30 working days as from the date of receipt, which is  half as long as the statutory time-frame at the 
time of Niger's first TPR.  The appr oval is granted by means of a joint order issued by the Ministers of 
Industry and of Finance for Regimes A and B30, or via a decree adopted by the Council of Ministers 
on the advice of the Investment Commission in th e case of Regime B, when the amount of the 
investment is over CFAF 500 million, and in the case of Regime C.  The approval document lays out 
                                                      
25 Book I of the Commercial Code was implemen ted by Ordinance No. 92-048 of 7 October 1992, 
Book II by Law No. 95-011 of 20 June 1995, Book III by Ordinance No. 96-038 of 29 June 1996 and Book IV by Law No. 97-40 of 1 December 1997. 
26 Ordinance No. 96-039 of 29 June 1996. 
27 The OHADA brings together the countries of the WAEMU and the Central African Economic and 
Monetary Community (CEMAC). 
28 Decree No. 2001-220/PRN/MC/PSP of 23 November 2001. 
29 Online information from Investir au Niger .  Viewed at:  http://www.investir-au-niger.org/ 
30 For Regimes A and B, when the amount being invested is equal to CFAF 50 million, and in the case 
of Regime B, on the advice of the Investment Commission, when the amount being invested ranges from 
100 million to 500 million. WT/TPR/S/223/NIG Trade Policy Review 
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  the purpose, scope, location and duration of the i nvestment programme, the advantages accorded to 
the beneficiaries and their duration, as well as the obligations the company must fulfil (creating jobs for nationals of Niger, for example).  The appr oval may be suspended in the event of failures. 
Table II.3 
Summary of the advantages associat ed with investment in Nigera 
Regime Conditions Benefits 
Privileged regimesb 
 
" A " - Commit to launch a new business venture; 
 
- Expansion, refurbishing or modernization of an existing enterprise (eligible only for th e exemptions foreseen in the 
investment phase). - Operational phase:  Exempti on from duties and taxes (but 
not the statistical tax) on ma terials, tools and equipment 
locally produced, or imported if not available in Niger; 
 
- Operational phase:  Five-year exemption from profits tax;  
Plus exemption from VAT on turnover from agro-pastoral 
activities  
" B " Regime "A" conditions plus : 
 - Creation of at least 5 j obs for Niger nationals and 
an investment of at least CFAF 50 million; 
 - Creation of at least 10 j obs for Niger nationals and 
investment of at least CFAF 250 million;  and 
 
- Creation of at least 150 j obs for Niger nationals or
 
investment of at least CFAF 1 billion. Regime "A" benefits plus : 
 - Investment phase:  Exempti on from duties and taxes on 
services and works; 
 - Operational phase:  Exemption from property tax, duties and taxes (but not the statisti cal tax) on production materials, 
tools and equipment, and from  export duties and taxes for 
five years;  
Plus
 exemption from VAT on turnover from agro-pastoral 
activities. 
" C " - Regime "A" conditions plus :  Investment of at least 
CFAF 2 billion or  creation of at least 400 jobs 
for Niger nationals  Regime "B" benefits plus:  a 50% cut in duties and taxes on 
fuels and other sources of energy  used in fixed installations 
over five years; 
 Plus
 exemption from VAT on turnover from agro-pastoral 
activities. 
Special benefits (Article 10) 
1 - Launching a craft production venture; 
- expansion, renewal or m odernization of an already 
existing craft production business; 
- having a permanent workshop, legal registration or status, and the keeping of books of account; - investing between CFAF 2 and 25 million. - Exemption from the tax on industrial and commercial 
profits (BIC), the flat-rate minimum tax (IMF), and business 
tax; 
- exemption from duties and taxes (but not the statistical tax) 
on materials, tools and equipment sourced locally, or imported if not available in Niger. 
2 - Launching cultural and artistic production. - Exemption from duties and taxes (but not the statistical tax) 
on: 
 - Production equipment; 
 - local materials, tools and equipment, or imported if not 
available in Niger. 
3 - Building of schools and clinics; 
- investment of at least CFAF 50 million. - Exemption from duties and taxes (but not the statistical tax) 
on local materials, tools and e quipment, or imported if not 
available in Niger. 
4 - Launching a public passenger or goods transport venture; 
- investment of at least CFAF100 million. - Exemption from duties and taxes (but not the statistical tax) 
on newly purchased transportation equipment. Niger WT/TPR/S/223/NIG 
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  Regime Conditions Benefits 
5 - Engaging in technological innovation; 
- investing at least 1%% of turnover in research under contract 
- programme to exploit an innovation made in Niger. - Deduction of 2/3 of expenses incurred and the tax on 
industrial and commercial profits (BIC) for the year when the 
innovation was introduced. 
a The duration of the benefits under the various regimes is exte nded by three years for enterprises setting up in the departmen ts of 
Agadez, Diffa, Tahoua or Zinder. 
b The activities eligible for the privileged regimes are:  agro-pastoral activities;  manufacturing or proce ssing;  energy prod uction;  
mining and processing of quarrying products or  mineral substances not subject to con cessions;  construction of social housing f or 
sale or rental;  maintenance of industrial equipment;  air transport;  hotel construction and equipment;  telecommunications 
(telephone and Internet);  setting up of assembly plants for se mi-finished products;  bakeries and pastry shops (eligible only for 
the exemptions foreseen in the investment phase). 
Source : Ordinance No. 89-19 of 8 December 1989, as amended by  Ordinance No. 97-09 of 27 February 1997, Ordinance 
No. 99-69 of 20 December 1999, and Law No. 2001-20 of 12 July 2001.  See CCAIAN (2006), Investment Code, 
Republic of Niger.  
33. Despite the efforts deployed by Niger's author ities since the country's first TPR to encourage 
the creation of enterprises, improve the reception given to investors and facilitate their setting-up 
process with the help of the CNIP, the investment cl imate is still not very favourable according to the 
World Bank, which ranks Niger 172nd on 181 countries in its Doing Business 2009 classification.31  
The evaluation of the investment climate in the br oad sense of the term according to the World Bank's 
Doing Business 2007 suggests that "the negative points are serious and numerous.  The most salient ones are related to corruption, which is seen as ende mic, the inconsistency of regulations with their 
application, the inefficiency of the judiciary, re latively onerous and poorly applied taxation, problems 
of access to credit and its cost, and lastly, strong competition from the informal sector.  Besides, 
serious infrastructure problems persist".
32 
(9) TRADE -RELATED TECHNICAL ASSISTANCE  
34. Within the framework of its Accelerated De velopment and Poverty Reduction Strategy 
(ADPRS)33, which provides the frame of reference for its  economic, financial and social policies for 
the period 2008 to 2012, Niger hopes to obtain trade -related technical assistance to be better able to 
participate in the multilateral trading system and bene fit fully from it.  Since its first review in 2003, 
Niger has been benefiting from a number of activiti es designed to help boost its international trade, 
being carried out by the WTO and other internati onal organisations such as UNCTAD, ICT, UNDP, 
the World Bank and IMF.  Niger partic ipates in the Integrated Framework34 and has had the benefit of 
a Diagnostic Trade Integration Study (DTIS).  Senior  representatives of Niger have also participated 
in numerous WTO activities during the review period at both the national and subregional levels, and 
new activities are planned.  The reference centre creat ed at the Ministry of Trade is now operational. 
35. To be more active within the multilateral tr ade system, Niger continues to need WTO 
trade-related technical assistance especially in the following areas:  implementation of trade-related 
agreements;  participation in regular WTO activities;   capacity building for participation in the Doha 
Round;  trade policy formulation;  supply-side cons traints;  and integrating trade and development 
policies.  Indeed, the authorities point out that Niger has had a mission to the WTO only since 2007, and that despite the efforts deployed, the resour ces available for the purposes of follow-up between 
Geneva and the capital are insufficient, given the he avy agenda of negotiations - not just multilateral 
                                                     
 
31 World Bank (2008). 
32 World Bank (2007). 
33 IMF (2008). 
34 Integrated Framework, online information.  Viewed at:  http://www.integratedframework.org. WT/TPR/S/223/NIG Trade Policy Review 
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  but also relating to the Economic Partnership Agre ement (EPA) with the European Union, as well as 
those connected with the emergence of ECOWAS. 
(i) Implementation of the agreements, policy formation and elaboration 
36. Since its first TPR in 2003, Niger has made  some headway in applying WTO rules and 
disciplines thanks to capacity building amongst its admi nistrative officials.  Niger has been able to 
implement trade facilitation measures under the Im port Verification Programme (PVI) and hopes to 
make further progress in that direction - which w ill call for capacity building within its customs 
administration.  Other implementation-related problem s of concern to Niger include the application of 
WTO rules and disciplines regarding customs va luation, as the country still has recourse to 
WAEMU reference values, minimum values for cros s-border trade, and to export and re-export unit 
values, this being an indication of the problems it  faces in achieving effective control based on 
customs declarations alone.  Sanitary and phyto sanitary measures (SPS) and technical barriers to 
trade (TBTs) are also matters of concern, though substantial progress has been made in 
standardization since 2003, and many technical regula tions are about to be adopted.  Similarly, Niger 
is determined to strengthen its capacity to comp ly with SPS and TBT measures applied by its trading 
partners, in particular specifications regardi ng its exports of agricu ltural products, consisting 
principally of livestock products. 
37. Another concern is updating the national regi me for the protection of copyright and 
neighbouring rights, as it has not yet been a ligned with the WTO Agreement on Trade-Related 
Aspects of Intellectual Property Rights (TRIPS).  No tifications are still problematic in all fields.  
Niger also needs technical assistance to improve its capacity to participate in the Doha Round, where 
most of its priorities are also those of the LDCs, in particular the elimination of subsidies to key exports such as sugar or cotton, or in the realm of food security. 
38. One priority is boosting the capacities of me mbers of the subcommittee responsible for 
WTO follow-up, which forms part of the inter-ins titutional advisory technical committee that assists 
the Minister of Trade.  Given the limited de gree of computerization in Niger's government 
departments, this committee plays a pivotal role  in disseminating information gathered by the 
Ministry of Trade to the other administrative bodi es concerned with WTO follow-up so as to ensure 
greater consistency between nationa l policies and WTO rules and disciplines.  This notwithstanding, it 
would also be useful to provide training fo r the private sector, students and academics, 
parliamentarians and the media in order to explai n to them the benefits of the multilateral trade 
system.  This would raise their awareness of the be nefits and obligations flow ing from participation in 
the multilateral trade system. 
(ii) Supply-side constraints 
39. Supply-side constraints are amongst the main st umbling blocks to the expansion of Niger's 
goods and services trade.  Being a landlocked country , the land and maritime transportation costs of 
its traded products are higher than those of neighbo uring coastal countries.  Enormous land transport 
distances must be covered and the trucks must face insecurity as well as administrative red tape that is significantly inflating transport costs.  Air transpor t costs are still a major drag on the development of 
tourism.  These constraints are therefore pushing  up the costs for the goods being traded and 
undermining their competitiveness, especially that of  export goods and services.  Technical assistance 
addressing transportation in Niger's international trade in the contex t of subregional infrastructures 
would bolster efforts to lower the costs of tr ade, simplify procedures and shorten timeframes. Niger WT/TPR/S/223/NIG 
 Page 73 
 
 
  40. Niger's enterprises are facing problems of access to credit and inputs, especially electricity 
and water, and are being affected by problems of  governance.  Internet access is still limited and 
costly despite the boom in mobile telephony, which has made voice communications more affordable.  
The competitiveness of Niger's enterprises both locally  and internationally is  still doubtful despite the 
tax regimes and customs incentives available.  Th e latter are reducing government income without 
tackling the structural problems that are hampering supply.  The efforts being deployed by the government are still insufficient.  Financing for economic activities from the banking system seems 
insufficient to provide support to small and medium -sized enterprises keen to make (risky) long-term 
investments.  It would also be desirable to improve supply, inter alia,  in the transport services sector, 
the energy sector (especially electricity) and in telecommunications. 
(iii) Integration of trade and development policies 
41. Although Niger's priority seems to be on intensif ying subregional integration at the level of 
WAEMU and ECOWAS, it still enjoys considerable possibilities for international market access, 
including via the preferences available to SMEs.  Bett er integration of the various national strategies, 
inter alia,  through improved organisation, should enable  Niger to take greater advantage of its 
numerous market opportunities, thereby increasing its  exports and their contribution to economic 
growth and poverty reduction. 
42. In implementing the ECOWAS common agricu ltural policy, which aims, amongst other 
things, to provide greater protection for certain agri cultural products, Niger should weigh up the costs 
and benefits of such measures, as they carry the risk of pushing up basic food prices, thereby 
exacerbating poverty.  Thus, apart from the outcomes of the Integrated Framework, the lessons 
learned from Niger's second TPR could serve to bette r coordinate national policies and the aims of 
integration at the regiona l and multilateral levels. WT/TPR/S/223/NIG Trade Policy Review 
Page 74 
 
 
  III. TRADE POLICIES AND PRACTICES BY MEASURE 
(1) INTRODUCTION  
43. Since its first TPR in 2003, Niger has made progress in liberalizing its trade regime, first 
within the WAEMU framework and then in EC OWAS.  Niger imposes import duties and taxes 
determined at the regional level on products not originating in WAEMU or ECOWAS.  The special 
import tax has not been applied since 2004.  The Programme de vérification des importations  - PVI 
(Import Verification Programme) is still in force.  Physical inspection in the country of shipment now 
only affects 50 per cent of operations following the introduction of the Système informatisé d'analyse 
du risque  - SIAR (Automated Risk Analysis System), which has allowed trade facilitation measures to 
be implemented for customs operations that involve little  or no risk.  The cost of the PVI is borne by 
the State, for which it levies a 1 per cent verifica tion tax on all imports.  Securing revenue at the 
customs frontier remains a major objective of custom s controls because it is still an important source 
of government revenue.  Statistical registration forms have to be completed for all trade transactions. 
44. Niger still uses reference values as a basis for duties and taxes on imports, as well as 
minimum values for goods that are the subject of cross-border trade or are contained in passengers' 
luggage.  There is a system of unit values for pr oducts exported or re-exporte d from Niger, which are 
subject to taxes when leaving the country.  Niger imposes 19 per cent value-added tax (VAT) on imported or locally produced goods and services, and excise duty must be paid on some products such 
as cigarettes, alcoholic beverages, and edible fa ts;  special taxes apply to petroleum products. 
45. There has been considerable progress in standardization in Niger and a large number of 
technical regulations are being adopted, although they have not yet been notified to the WTO;  at the 
moment, there are technical regulations for iodized salt and petroleum products.  There have been no 
changes to the sanitary and phytosanitary regimes;  cattle are one of Niger' s most important exports 
and control measures are taken at the customs frontier to verify the health of cattle exported.  There 
was an outbreak of avian influenza in Niger and,  as of December 2006, it banned the import of 
poultry and its by-products from areas that the OIE recognized to be infected, and this measure is still 
in place.  For social reasons, some prices conti nue to be fixed by the authorities (hydrocarbons, 
pharmaceuticals and hospital care provided by the State)  and others require approval of their prices 
(electricity).  The competition regime remains the same and is applied at Community level. 
46. Niger has made progress in implementing its government procurement regime adopted in 
2002 and revised in 2008 in the light of the new requ irements at Community level (in particular, a 
Community preference has replaced the national pr eference).  There have been no changes to the 
regime for the protection of intellectual property ri ghts;  Niger's law on copyright and related rights 
has still not been brought into line with the provisi ons in the TRIPS Agreement as regards the term of 
protection (the lifetime of the author plus 70 years). 
(2) M
EASURES DIRECTLY AFFECTING IMPORTS  
(i) Registration 
47. The Chambre de commerce, d'agriculture, d'industrie et d'artisanat  - CCAIAN (Chamber of 
Commerce, Agriculture, Industry and Crafts)35 in Niamey and in the regional capitals of Niger's seven 
regions is responsible for the Guichet unique de formalités du commerce extérieur  - GUFCE (Single 
                                                      
35 CCAIAN online information.  Viewed at:  http://www.ccaian.org/ Niger WT/TPR/S/223/NIG 
 Page 75 
 
 
  Window for Foreign Trade Formalities)36, whose three major tasks are:  ensuring compliance with the 
general import-export regulations ;  informing and promoting awareness among economic operators 
regarding the aforesaid regulations;  collecting information on trade based on the "statistical 
registration forms" required for all operations (S ection (v)), except for petroleum products.  The 
GUFCE system in fact applies to all import, e xport, re-export and transit operations (except for 
cross-border trade in the strict sense, small-scale operations for personal use, and imports for their 
own use by companies producing goods and supplying services).37 
48. The GUFCE ensures compliance with the genera l requirements for engaging in the profession 
of importer or exporter.  Any natural or legal pe rson engaged in importing and/or exporting must be 
listed both in the Commercial Register and in the list of business licences or have paid the business 
licence for the current year, and must pay a subscription to the Conseil national des utilisateurs de 
transport - CNUT (National Transport Users Council).38  The authorities have indicated that the 
requirements are the same for natural or legal pe rsons whether they are nationals of Niger or 
foreigners and that the requirement that an authoriz ation be obtained by foreigners to engage in the 
profession, issued by the Minister responsible for tr ade, has been made more flexible since 2006.  The 
GUFCE gives persons that meet these criteria an id entification number, valid for one year.  It should 
be noted, however, that a large proportion of Niger's international trade is at  the informal level.  
Moreover, the import, export or possession of h ydrocarbons requires approval from the Ministry of 
Trade.  Only pharmacies and persons approved by the Minister of Health may import pharmaceuticals. 
(ii) Customs procedures 
49. Niger's 1961 Customs Code
39, as amended, still applies;  its most recent consolidated version 
dates from 2000.  The Code determines the cust oms regulations and procedures and deals with 
settlement of disputes.  It is supplemented by orde rs and implementing decrees that take into account 
the guidelines in the Community Customs Code.40  At the same time as proceeding with formalities at 
the GUFCE or at subsidiary offices (Sections (i ) and (v)), economic operators complete a form 
(provided free of charge) declaring their inten tion to import, which is transmitted to COTECNA, 
responsible for the PVI since 199641;  the PVI has been notified to the WTO.42  Declarations of intent 
to import are accompanied by two copies of the pro forma invoice, the specifications and annexes 
thereto if the imports are for a project, as well as any other documents needed for proper verification.  COTECNA indicates on the declaration that the goods ar e not subject to the PVI if their f.o.b. value 
                                                     
 
36 Decree No. 90-146 of 10 July 1990 liberalized imports and exports, and Order No. 028/MPE/DCE of 
16 August 1990 set up the GUFCE.  WTO document, G/LIC/N/1/NER/1 of 12 January 1998.  Also viewed on the CCAIAN website:  http://www.ccaian.org /guichetunique.htm l [25 August 2009]. 
37 Order No. 023/MPE/DCE/PE of 23 May 1991. 
38 The amounts of the subscriptions are the following:  for business licences, see Annex 2 to the Tax 
Code (2008);  and for the CNUT, CFAF 30,000 for natural persons and CFAF 55,000 for legal persons.  A 
subscription to the CCAIAN is no longer needed to engage  in the profession of trader but is still required for 
firms wishing to bid for government procurement contracts.  The amount of the subscription to the CCAIAN is CFAF 100,000 for natural persons (wholesalers or semi-w holesalers), CFAF 45,000 for retailers, CFAF 600,000 
for public limited companies, and CFAF 300,000 for limited liability companies. 
39 Law No. 61-17 of 31 May 1961, as amended. 
40 Regulation No.  09/2001/CM/UEMOA of 20 November 2001. 
41  COTECNA online information, "N iger Datasheet".  Viewed at:  www.cotecna.com/COM/ 
Images/Niger_datasheet.p df [1 December 2008]. 
42 Decree No. 96-21/PCSN/MF/P of 12 February 1996, as amended by Decree No. 96-370/PCSN/MF/P 
of 18 October 1996 (notified to the WTO in documents G/PSI/N/1/Add.5 of 5 February 1997, Add.7 of 
24 February 1998, and Add.8 of 28 September 1999). WT/TPR/S/223/NIG Trade Policy Review 
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  does not exceed CFAF 2 million or if their tariff heading is exempt.43  In all other cases, COTECNA's 
task is to verify the quality, volume, price, and ta riff heading, as indicated in the declaration of intent 
to import transmitted to it.  It calculates the e xpected revenue and checks the documents for special 
import regimes that give exemption from import duties and taxes.  After inspecting the goods, 
COTECNA issues an attestation de verification  –ADV (clean report of findings) or an avis de refus 
d'attestation  - ARA (discrepancy report), which the impor ter attaches to his customs declaration and 
without which the declaration becomes inadmissible.   The other objectives assigned to the PVI are to 
modernize the administration and build the operationa l capacity of customs officials (for example, for 
customs valuation, classification and rules of origin );  to boost legitimate trade, security and the 
detection of fraudulent goods;  to facilitate legitima te trade;  and to modernize and adapt the PVI by 
using the scanner for customs clearance procedures. 
50. Since 2003, COTECNA has been using the SIAR , which has a green channel for low-risk 
imports under which the documents are inspected and the customs value is exam ined closely;  and a 
red channel for high-risk imports under which the documents are inspected, the customs value is 
examined closely, and the goods undergo a full physical inspection.  Between 2003 and 2006, 60 to 
70 per cent of total imports went through the re d channel, but since 2007, COTECNA has undertaken 
to reduce the number of physical inspections in the c ountry of shipment to 50 per cent in order to give 
Niger's Customs greater control on their arrival.  Since 2003, the cost of the PVI has been paid 
directly by the State;  since 1996, an import verification tax of 1 per cent of the f.o.b value of all imports, whether or not subject to the PVI (with so me exceptions), has been levied for this purpose.
44  
It should be noted that the contract with CO TECNA expired in March 2009 and has been renewed 
tacitly since.  The authorities intend to continue with  the PVI, but to separate it from quality control in 
order to develop a standards conformity programm e (Section (v));  a tender has reportedly been put 
out to select the enterprises to be entrusted with  this task.  Since September 2000, a cargo tracking 
note (BSC) for each bill of lading has been required fo r imports coming into Niger by sea (ports in the 
subregion).  It is issued by the CNUT, an in dustrial and commercial public institution (EPIC).45 
51. All goods submitted to Customs must be the subj ect of a detailed declaration for the purpose 
of their valuation46;  only licensed customs brokers and importers that have been given a clearance 
credit are allowed to make this declaration.  Th e declaration is either processed by hand, or by 
computer (ASYCUDA version 2.7 and ASYCUDA ++);  17 customs offices and five regional 
                                                      
43 The goods not subject to the PVI are the following:  precious stones and precious metals;  works of 
art;  explosives and pyrotechnical articles;  arms and a mmunition;  live animals;  scrap metal;  newspapers and 
periodicals;  postal and revenue stamps, banknotes, cheque books, national lottery tickets;  used personal effects 
and household items, including one used vehicle as a personal belonging on the occasion of a change of domicile duly confirmed by the authorities at the previous domicile;  personal gifts;  commercial samples;  
donations by foreign governments or international orga nizations to the State, public schools and libraries, 
religious missions, foundations, charitable works and philanthropic organizations recognized to be of public utility to Niger;  donations and supplies to diplomatic and consular missions or affiliated organizations of the 
United Nations imported for their own needs;  cinematographic films for public cinemas (35 mm.) exposed and 
processed;  plants and fresh cut flowers or artificial flowers;  liquid or gaseous hydrocarbons;  imports by the mining companies ASECNA, ENITEX and EAMAC (for research and operations).  See "Niger Datasheet".  
Viewed at:  www.cotecna.com/COM/Imag es/Niger_datasheet.pdf [1 December 2008]. 
44 The exceptions include the following:  goods intended for the State, imports by diplomatic missions, 
international or charitable organizations, and goods imported when changing residence. 
45 Ordinance No. 88–25 of 28 April 1988.  The CNUT has drawn up a scale of charges for the BSC in 
euros:  for each vehicle, the rate is €25/50 for vehicles of less/more than five tonnes;  for containers, the rate is €25/50 for 20/40-feet containers;  for bulk goods, the BSC is invoiced at €5 per tonne or cubic metre;  for 
hydrocarbons, the rate is €2 per tonne.  Ea ch BSC document issued is billed at €60. 
46 Order No. 509/MF/E/DGD  of 7 December 2001. Niger WT/TPR/S/223/NIG 
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  headquarters have been computerized and therefore have "full powers", whereas the other offices have 
"limited powers" because they are not computerized .  A certificate proving that insurance has been 
taken out with an approved interm ediary in Niger is required when clearing goods of a value of 
CFAF 1 million or more shipped by air and at least CFAF 5 million when transported by land.47  
Registration of the detailed declaration may be followed by inspection of goods by the customs 
authorities.48  The goods may not be cleared until all the du ties and taxes have been paid and a receipt 
issued, unless there is a clearance credit49 or a duty and tax credit.50 
52. All commercial import or export transactions for a c.i.f. value of CFAF 2 million or more are 
subject to the mandatory submission of a certificate showing the numéro d'identification fiscale - NIF 
(tax identification number).51  An advance of 7 per cent on profits tax (ISB) is required for all customs 
and port operations by persons with no NIF;  pers ons with a NIF but without any certificate showing 
exemption from payment of the advance on the ISB pay an advance of 4 per cent.52  The basis for the 
advance is the c.i.f. value of the goods plus impor t duties and taxes and exci se duty, except for VAT 
and the advance itself.  For transactions on the dom estic market, persons with a NIF but not exempt 
from payment of the ISB advance pay an advance of 2 per cent. 
53. Niger still encounters certain problems in implementing the WTO Customs Valuation 
Agreement.  At the time of its first TPR in 2003 , Niger had introduced the WAEMU reference value 
scheme for imports from countries outside WAEMU, used minimum administrative values for 868 products in cross-border trade or in passengers' l uggage, and applied official values to petroleum 
products.  These practices still applied in July 2009.  The WAEMU reference values imposed at 
Niger's customs frontier concern poultry, milk, green tea, milled rice, wheat flour, edible oils, sugar, 
biscuits, edible pasta, tomato concentrate, alc oholic beverages, cigarettes and tobacco products, 
fertilizer, soap, matches, exercise books, fabrics, inne r tubes, iron bars, galvan ized sheets, mattresses, 
batteries, motor cycles, mopeds and bicycles.
53  Minimum values are used to value imports of goods 
of no commercial value (the personal effects of travellers, "cross-border" imports), as well as some 
goods of a commercial nature whose value does not exceed CFAF 500,000. 
54. According to the WAEMU and ECOWAS regulati ons, disputes regarding the origin of goods 
are dealt with bilaterally between the countries of  destination and origin.  If a person making a 
customs declaration disputes the customs valuati on, he may bring the matter before the Customs 
Office and then the regional headquarters for an  opinion, which may be contested before the 
competent court.  It is planned to establish an arbitration committee for customs disputes.  Niger has 
signed mutual assistance agreements on customs matte rs with Benin, Burkina Faso, Algeria, the 
Libyan Arab Jamahiriya and Togo. 
                                                      
47 Ordinance No. 85-15 and its implementing Decree No. 85-52/PCMS/MF of 23 May 1985. 
48 Articles 51-53 of the Customs Code (1961). 
49 Article 62 of the Customs Code (1961). 
50 Pursuant to Article 58 bis of the Customs Code (1961), importers may present for payment duly 
secured bonds, with a maximum expiry date of four months, but this is not allowed when the amount to be paid 
is less than CFAF 100,000. 
51 Law No. 97-45 of 15 December 1997. 
52 Title VIII, Tax Code (2008). 
53 Service Note No. 00009/DGD/DRRI of 22 January 2007. WT/TPR/S/223/NIG Trade Policy Review 
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  (iii) Customs levies  
(a) Overview 
55. In 2009, the tariff applicable in Niger was in  principle the WAEMU's CET;  Niger also 
imposes other Community duties and taxes (joint report, Chapter III(2)(iii)).  The level of the 
ECOWAS Community Levy (PCC) applied by Niger is 1 per cent, (the standard level is 0.5 per cent), 
in order to allow Niger to settle its arrears to th e Organization.  VAT is imposed on both imports and 
local goods.  Some products such as tobacco and tob acco products, alcoholic beverages, cosmetics, 
and edible fats are also subject to excise duty.  A taxe intérieure spécifique sur les produits pétroliers  
- TIPP (special internal tax on petroleum products) is levied at the customs frontier.  Imports entering 
by sea also require a BSC (Section (ii)).  As regards Community taxes, Niger has no longer applied 
the TCI since 2004 and did not impose the TD P before it expired at the end of 2005. 
56. In 2008, customs revenue from imports amounted  to some CFAF 86 billion (Table III.1), an 
increase of one third compared to 2003.  It essen tially comprised VAT (58 per cent) and customs duty 
(26 per cent). 
Table III.1 
Customs revenue by heading, 2003-2008 
(CFAF million) 
 2003 2004 2005 2006 2007 2008 
Imports:       
Customs duty 20,342 21,446 24,354 23,499 21,589 22,675 
Statistical charge 1,793 1,981 2,493 2,636 2,643 2,921 
Miscellaneous duties 18 9 7 0 10 2 
Value added tax (VAT) 33,519 39,628 48,252 47,022 46,583 50,050 
Tax on petroleum products (TIPP) 7,561 7,140 6,654 6,583 7,572 6,991 
Special import tax (TCI) 80 .. .. .. .. .. 
Community solidarity levy (PCS) 1,091 1,127 1,207 1,216 1,365 1,596 
ECOWAS Community levy (PCC) 604 1,263 1,479 1,473 1,652 1,999 
Total 65,008  72,594  84,446  82,429  81,414  86,234  
Exports:       
Statistical export charge (TSE) 1,251 1,199 943 1,027 1,066 1,221 
Special re-export tax (TSR) 13,992 11,673 11,069 14,894 21,001 26,607 
Total 15,243  12,872  12,012  15,921  22,067  27,828  
.. Not available. 
Source : Authorities of Niger.  
 
(b) Bindings 
57. In its Schedule of Concessions LIII, att ached to the GATT 1994, Niger bound all its tariff 
lines for agricultural products at 50 per cent or 200 pe r cent, and for the majority of non-agricultural 
products at 50 per cent.  The bindings cover 96.9 pe r cent of tariff lines and have a ceiling rate (joint 
report, Chapter III, Table III.1).54 
58. Niger has bound other duties and taxes on the lines bound in 1994 at 50 per cent. 
                                                      
54 Niger has not included in its bindings the non-agricultural tariff lines that were bound in 
Schedule LIII, attached to the GATT 1947. Niger WT/TPR/S/223/NIG 
 Page 79 
 
 
  (c) Internal taxes 
59. Niger applies VAT on imported or locally produ ced goods and services.  The standard rate of 
VAT has not changed since it was in creased to 19 per cent in 2000.55  The taxable base for imports is 
the c.i.f. value plus duties and taxes (statistical charge and excise duty, except for VAT itself)56, 
whereas for local goods it is the selling price.57  The taxable base for VAT on petroleum products is 
the official value fixed monthly, plus duties and taxes (except for VAT) and the TIPP.58  Machinery 
for farmers, stockbreeders and fishermen is exem pt from VAT.  Some imported goods are also 
exempt59;  as are inputs intended to manufacture in Niger products that will be VAT exempt.  Exports 
are in principle subject to a zero rate, as ar e freight and passenger road transport services, 
international air transport services and fuelling of  aircraft going overseas, and the sale, repair, 
transformation or maintenance of aircraft whose overseas services represent at least 50 per cent of the total.  Insurance companies pay a single insurance tax instead of VAT.  Bank transactions are subject 
to VAT in Niger, although interest on de posits for over six months is exempt.
60  In addition, Niger has 
made the sale or resale of uranium and its by-pro ducts within Niger exempt from VAT.  Exemption 
from VAT and other import duties and taxes (exc ept for the RS) is allowed for machinery and 
equipment imported for the purpose of carrying out a project approved under the Investment Code 
(Chapter II(4)), unless these are available locally.  Ni ger may amend its legislation on VAT following 
the adoption of Directive No. 02/2009/CM/UEMOA (joint report, Chapter III(2)(iii)(d)). 
60. Excise duty applies to the following:  tea (12 pe r cent);  tobacco and tobacco products (40 per 
cent);  some fruit juice (HS heading 20.09) and water (heading 22.02) (15 per cent);  malt beer (25 per 
cent) and other alcoholic beverages (45 per cent);  perfumery preparations and cosmetics (15 per 
cent);  cola nuts (15 per cent);  and edible oils and fats (15 per cent).61  The taxable base for imports is 
the c.i.f. customs value plus duties and taxes (ex cept for VAT and excise duty itself), while for local 
products it is the selling price (except for VAT).  Niger may amend its legislation on excise duty 
following the adoption of Directive No. 03/2009/ CM/UEMOA (joint report, Chapter III(2)(iii)(d)). 
61. An internal tax also applies to petroleum products (TIPP)62 at the following rates:  premium 
unleaded petrol (CFAF 75/litre); diesel fuel (CFA F 29/litre);  lubricating grease (CFAF 480/kg.);  
                                                      
55 Law No. 2000-03 of 2 May 2000. 
56 Section 1, Title 3, Tax Code (2008). 
57 Up to the thresholds determined, firms in Niger are subject to VAT on their turnover (ordinary or 
simplified real regime), or the general business licence re gime (except the simplified real regime option), but the 
latter do not invoice VAT to their clients.  Article 40, Section 1, Title 3, Tax Code (2008). 
58 Niger has frozen the official values for petroleum products since January 2008 in order to prevent 
increases on the domestic market beca use of soaring global prices.  Onlin e information from the Office of the 
President of the Republic of Niger, "Message à la Nati on prononcé par le Président de la république à l'occasion 
de la célébration du 48ème anniversaire de la Proclamation de l'indépendance", 5 August 2008 .  Viewed at:  
http://www.presidence.ne/disc3 _08_08.htm [1 May 2009]. 
59 These include the following:  medicines, pharmaceuticals, medical products and materials;  
unprocessed foodstuffs (for example, cassava, cereals othe r than rice) and basic commodities (salt, edible fats 
and oils, sugar and flour);  kerosene;  exercise books, books, newspapers and periodicals;  and agricultural 
inputs (fertilizer, insecticide, fungicide, herbicide), pumps and ploughs and other agricultural machinery and 
equipment.  See Annex A, Section 1, Title 3, Tax Code (2008). 
60 Annex B, Section 1, Title 3, Tax Code (2008). 
61 Section 2, Title 3, Tax Code (2008). 
62 Section 4, Title 3, Tax Code (2008). WT/TPR/S/223/NIG Trade Policy Review 
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  lubricating oil (CFAF 450/kg.), inter alia .63  Because kerosene is used in  low-income households, it is 
exempt from the TIPP. 
(d) Duty and tax concessions 62. Niger allows duty and tax-free entry for goods intended for the State (for example, gifts to the 
Head of State), imports by diplomatic missions, in ternational or charitable organizations, materials 
covered by the UNESCO Florence Agreement, a nd goods imported when changing residence 
(Table III.2).  Exemption from customs duty an d suspension of VAT are also given for goods 
imported in connection with approved investme nt projects (Chapter II(4)), mining projects 
(Chapter IV(3)(ii)) or petroleum projects (Chapter IV(3)(i)). 
63. The Government may, on an exceptional basis, selectively suspend customs duty and/or taxes.  
As part of the measures taken to offset the food crisis in 2005 (Chapter IV(2)(ii)), duties and taxes 
(and the ISB advance) were suspended on imports of  millet, sorghum, maize, cassava flour and cattle 
feed.
64  In order to offset the sharp increase in th e price of basic commodities in 2008, the State 
adopted a certain number of measures, including suspension of all duties and taxes on imported rice 
for three months, excise duty on edible oil, custom s duty on milk, and lowered the reference values 
for each tonne of sugar or wheat by 17 per cent.  All these products are exempt from VAT.65  These 
duties were restored in September 2008. 
Table III.2 
Customs exemptions by heading, 2003-2008 
(CFAF million)  
 2003 2004 2005 2006 2007 2008  
(Jan-Aug) 
Investment Code 6,900 3,742 5,048 8,409 7,742 2,261 
Petroleum Code and Mining Law 554 2,614 2,803 4,578 5,262 1,351 
Uranium fiscal regime 3,710 1,471 6,021 3,903 7,261 5,704 
Grants and aid 732 608 1,029 747 869 1,121 
NGOs 1,475 2,007 896 816 704 366 
Diplomatic privileges 299 421 311 247 390 197 
Conventions, protocols and agreements 2,130 2,753 2,941 1,602 1,674 972 
Government procurement financed from external resources 0 0 0 0 250 0 
Other exemptions 213 548 821 934 886 597 
Special exemptions 0 0 0 0 8,417 1,145 
Total 16,013 14,164 19,870 21,236 33,455 13,714 
 
Source :  Authorities of Niger. 
                                                      
63 Law No. 2005-26 of 15 November 2006. 
64 Circular No. 230/MEF/DGD/DRRI of 11 March 2005. 
65 Online information from the Office of the President of the Republic of Niger, "Message à la Nation 
prononcé par le Président de la ré publique à l'occasion de la célébration du 48ème anniversaire de la 
Proclamation de l'indépendance", 5 August 2008 .  Viewed at:  http://www.presidence.ne/disc3_08_08.htm 
[1 May 2009]. Niger WT/TPR/S/223/NIG 
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  (iv) Prohibitions and licensing 
64. According to the latest and only notification to  the WTO by Niger regarding prohibitions and 
products subject to licensing, which dates back to 199866, the liberalization of trade in 1990 abolished 
the licensing system.  Nevertheless, a statistical  registration form is required, according to the 
authorities, in order to monitor foreign trade for statistical purposes.67  The form differs depending on 
whether or not the operation involves a financial settlement.68  No financial settlement is required for 
transactions with countries in the Franc Zone.  In  the latter case, the form comprises three parts and 
may be completed in around 15 minutes.  One part  goes to the single window facility, one to the 
economic operator, and one to the Ministry of Trad e.  The fee is CFAF 11,000 (comprising the form 
itself (CFAF 2,000) and three stamps (CFAF 3,000 each )).  In all other cases, the form comprises four 
parts:  one goes to the single window facility, anothe r to the economic operator, a third to the Ministry 
of Trade, and the last to the Ministry of Finance for a foreign exchange authorization for operations 
outside the Franc Zone.  The last part giving the exch ange authorization is issu ed by the Ministry of 
Finance in accordance with the WA EMU exchange regulations (Chapter I(i));  registration can be 
completed in two working days.  The cost is CFAF  14,000 (the form (CFAF 2,000) and four stamps 
(CFAF 3,000 each)). 
65. Niger's notification to the WTO also indicates that only hydrocarbons (except for butane gas) 
require an import licence issued by the Mini ster of Trade, and this is still the case.69  Only persons 
approved by the Minister of Trade may import (or export or be in possession of) hydrocarbons.70  
According to WAEMU regulations, a prior authoriza tion from the Minister responsible for finance is 
required to import or export gold.71  Authorization from the Ministry of the Interior is still required to 
import (or be in possession of, transport, sell or exchange) arms and ammunition72, unless they are 
intended for the police, the armed forces or the reser ve force.  The import of explosive substances for 
use in mines, quarries and for public  works, as well as for agricultural use, requires prior authorization 
from the Minister in charge of mining.73  Since 1997, the import, export or international transfer of 
cultural goods has required a declaration.74  The import or transit of industrial or nuclear waste has 
been banned since 1989.75 
66. Since the previous Review, new measures have been adopted.  For example, a system of 
quotas for the commercial import or re-export of wheat  flour has been introduced.  Entitlement to the 
quota requires the compulsory purchase of locally produced wheat flour by the sole producer, Moulins 
du Sahel , at the rate of 10 per cent of the volume to be imported.76  A similar quota scheme applies to 
rice, under which the compulsory purchase of locally produced rice must correspond to 3 per cent of 
the volume to be imported.  In addition, since 2004, all imports or exports of seeds or forest plant 
material require prior authorization from the Minister responsible for forestry.77 
                                                      
66 WTO document G/LIC/N/1/NER/1 of 12 January 1998. 
67 Order No. 028/MPE/DCE of 16 August 1990. 
68 Circular No. 0108/MPE/DCE/PE of 30 January 1991. 
69 Ordinance No. 98-01 of 27 February 1998. 
70 Idem . 
71 Regulation No. 09/98/CM/U EMOA of 20 December 1998. 
72 Decree No. 63-074/MI of 23 April 1963. 
73 Order No. 009/MTPT/T/M/U of 14 April 1969. 
74 Law No. 97-022 of 30 June 1997. 
75 Ordinance No. 89-24 of 8 December 1989. 
76 Order No. 64/MCI/PSP/ME/F of 20 December 2005. 
77 Law No. 2004-40 of 8 June 2004. WT/TPR/S/223/NIG Trade Policy Review 
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  67. Niger also imposes prohibitions and licensing under multilateral agreements it has signed, 
including environmental agreements.78  These include the provisions on trade in protected species of 
animals and their by-products under CITES, according to which a prior authorization is required from 
the Minister responsible for the environment and wildlife.79  Since 2000, Niger has implemented all 
the provisions on ozone-depleting substances.80 
68. The pharmaceutical legislation adopted in 1997 uses an "authorization for sale" (AMM) 
system that involves an approval procedure.  Importers of medicines must possess an import and clearance authorization issued by th e Minister responsible for health. 
(v) Standards, technical regulations and accreditation procedures 
69. Niger has made considerable progress in st andardization since its first TPR in 2003.
81  The 
procedure for developing standards includes the followi ng stages:  preparation of a draft standard by a 
technical committee, public enquiry (two months), submission of the draft to the Conseil national de 
normalisation  - CNN (National Standardization Council) fo r approval, submission to the Minister of 
Trade for endorsement, and publication of the order approving Niger's standard in the Official 
Journal .82  The Standardization, Quality and Metrology Department in the Ministry of Trade acts as 
the Secretariat for the CNN.  The latter compri ses representatives of government departments, the 
CCAIAN, consumers' associations, importers  and exporters, and professional associations.83  
Application of Niger's standards is recommended, but  could be made mandatory "if reasons of public 
order, public security, protection of the health or life of persons or animals, or preservation of the 
environment, protection of the cultural heritage of  artistic, historical or archaeological value or 
imperative demands relating to the efficacy of fiscal controls, fair trade tran sactions and protection of 
consumers make such a measure necessary".84  If this is the case, a technical regulation is adopted by 
means of a joint decree by the Minister responsible  for standardization and the Minister responsible 
for the activity concerned;  although no technical re gulation has yet been adopted in Niger under this 
regime adopted in 2002 (technical regulations on iodized salt85 and quality control of petroleum 
products86 predate this regime), it is planned to intro duce some 30 technical regulations in the near 
future.  Niger will notify its draft standards to  the WTO in cases where there are no relevant 
international standards or the technical content of a planned technical regulation is not the same as 
that in the relevant international standard. 
70. Pursuant to the WAEMU regulatory framework, which established the Système ouest-africain 
d'accréditation  - SOAC (West African Accreditation Scheme), an accredited laboratory, a certificate 
or a mark must attest that an imported product complies with the technical regulations.  The Agence 
nationale de vérification de  conformité aux normes  - AVCN (National Board for Ensuring 
                                                      
78  Environmental Treaties and Resource Indicators information on line, "Country profile:  Niger".  
Viewed at:  http://sedac.ciesin.columbia.eof /ent ri/countryProfile.jsp?ISO=NER [9 March 2009]. 
79 Law No. 98-07 of 29 April 1998. 
80 Interministerial Order No. 11/MCI/ME/LCD of 11 May 2000. 
81 WTO (2003). 
82 Law No. 2002-028/PRN of 31 December 20 02;  and WTO document G/TBT/2/Add.95 of 
10 September 2007. 
83 Decree No. 2004-028/PRN/M C/PSP of 30 January 2004. 
84 Article 8 of Law No. 2008-08 of 30 April 2008. 
85 Interministerial Order No. 051/MDI/CAT/MSP/MFP of 4 October 1995.  According to this Order, 
any salt imported and intended for human or animal consum ption must be iodized, with a quality certificate as 
proof.  The packages must indicat e "sel iodé Niger" (iodized salt Niger) and be in woven and sealed 
polypropylene bags. 
86 Law No. 2001-001 of 15 February 2001. Niger WT/TPR/S/223/NIG 
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  Conformity with Standards) was created in 2008 in order to "control the quality of Niger's imports and 
exports so as to protect consumers, ensure that trade practices are fair and promote performance by 
enterprises".87  Most imported products can be tested in Niger.  Under the PVI, it is planned to 
establish a system to assess the conformity of imported goods with the standards.  Regarding 
standardization at the subregional level, the CN N acts as the Secretariat for activities relating to 
products of animal origin. 
71. Niger is not a member of the ISO. 
(vi) Sanitary and phytosanitary measures 
72. Niger has not made any notification to the WTO on its sanitary or phytosanitary regime or 
related activities.  These regimes have not, however, changed since the first Review of Niger in 2003.  
In 1993, Niger introduced a Public Hygiene Code in order to guarantee control of the quality of 
foodstuffs consumed88, and has had sanitary controls in place for imports and exports of foodstuffs 
since 1996.89  It may be decided to apply sanitary prot ection measures at the customs frontier.  The 
sanitary inspection of products of animal origin at the customs frontier does not exempt them from 
inspection within Niger.90 
73. According to the framework law on livestock91, all animals and products of animal origin to 
be imported, in transit or expor ted must undergo a sanitary control and a hygiene inspection.  A 
sanitary or animal health certificate is required for imports and is issued for exports or re-exports.  
Niger has introduced a national strategy to combat and prevent avian influenza.  In November 2005, a 
prevention committee was set up and the import of poultry and poultry products from infected 
countries was banned92 the following December.93  In July 2009, this measure was still in effect.  
Despite these measures, on 27 February 2006, the FAO-OIE Reference Laboratory for Avian 
Influenza confirmed that farmed ducks in the region of  Maradi had been infected for the first time and 
Niger was placed on the OIE's list of infected countries.  The National Emergency Plan for Preventing 
and Combating Avian Influenza in Niger of Ap ril 2006, supported by development partners94, 
introduced a series of measures to prevent the virus from spreading outside the site of the infection.95  
On 28 July 2008, the Nigerian authorities announced th at the avian influenza virus had re-emerged in 
the northern states of Birnin Kebby, Kano and Katsina.96  As a precautionary measure, the authorities 
of Niger sounded the alert for the regions of Zinder (south-east), Maradi (south-centre), Dosso (south-west) and Tahoua (west), all neighbouring Ni geria, and the sanitary authorities in Maradi 
reactivated their monitoring mechanism at the Nige rian frontier where dozens of one-day-old chicks 
were confiscated and destroyed.  In July 2009 , Niger was no longer on the OIE's list of infected 
countries. 
                                                     
 
87 Law No. 2008-08 of 30 April 2008. 
88 Ordinance No. 93-13 of 2 March 1993. 
89 Decree No. 98-108/PRN/MSP of 12 May 1998. 
90 Ordinance No. 59-190 of 13 November 1959. 
91 Law No. 2004-048 of 30 June 2004. 
92 Cambodia;  China;  Croatia;  Hong  Kong, China;  Indonesia;  Japan;   Kazakhstan;  Laos;  Malaysia;  
Mongolia;  Philippines;  Republic of Korea;  Romania;  Russia;  Chinese Taipei;  Thailand;  Turkey;  and 
Viet Nam. 
93 Interministerial Decree No. 00722/MRA/MHE/LCD /MSP/LCE/MCI/PSP of 6 December 2005. 
94 Humanitarianinfo.org online information.  Viewed at:  www.humanitarianinfo.org/Niger/ 
PLAN%20URGENCE%20NIGER%20GRIPPE%20AVIAIRE [1 May 2009]. 
95 Syfia  Info, "La filière avicole sous le choc", 17 Marc h 2006.  Viewed at:  http://www.syfia.info/ 
printArticles.php5?idArticle=4354 
96  OIE online information.  Viewed at: http://www .oie.int/ downld/avian%20influenza/f_AI-Asia.htm WT/TPR/S/223/NIG Trade Policy Review 
Page 84 
 
 
  74. The Ministry of Agriculture decides on phytosan itary protection measures for plants and plant 
products97, and seeds.98  Under the provisions applicable to im ports and exports (including re-exports 
in transit)99, the ban on imports applies to pests while th e import of some plants or plant products 
requires a prior permit and others are only subject to phytosanitary inspection.  The Plant Protection 
Department undertakes such inspections against payment.100  It also inspects plants or plant products 
for export and issues the phytosanitary certificate required by the country of destination.101  A similar 
procedure applies to products of animal origin .  In the case of foodstuffs, the sanitary control 
measures, including those for exports, are determined by the Ministry responsible for public health.102 
75. It is not allowed to import or sell any phytopha rmaceutical product that has not been approved 
or authorized.  Pursuant to the common regulations on pesticides applicable to member States of the 
Permanent Inter-State Committee for Drought Control in the Sahel (CILSS), the Comité sahélien des 
pesticides  - CSP (Sahel Pesticides Committee) is r esponsible for approving phytopharmaceutical 
products.  These are also subject to requirements regarding labelling (CILSS or FAO authorization 
number), packaging and a technical notice.103  Laboratories belonging to the Plant Protection 
Department or laboratories approved by the Minist er of Agriculture are responsible for controlling 
phytopharmaceutical products. 
(vii) Packaging, marking and labelling requirements 
76. The requirements on compulsory marks relate pr imarily to perishable goods, which must have 
an informative label in French showing the origin of the product, the sell-by or use-by date, the 
ingredients, the method of conservation, the name of the manufacturer and instructions for use.  
Consumers must be made aware of the price by means of marks, labels or notices.104  Furthermore, 
compulsory marks apply to some products in order to prevent smuggling or uses other than the declared use.  The label " Vente au Niger " (For sale in Niger) is compulsory for cigarette packets
105, 
boxes of matches106, and alcoholic beverages.107  The metric system must be used in Niger. 
(viii) Contingency measures 
77. Niger does not have any domestic legislation on anti-dumping, countervailing or safeguard 
measures.  Such provisions are at the Comm unity level (joint report, Chapter III(2)). 
(ix) Other measures 
78. No agreement has been signed with foreign gove rnments or firms with a view to affecting the 
volume or value of goods or services exported to Ni ger.  Likewise, the authorities are not aware of 
any such agreements between firms in Niger and fo reign firms.  Niger adheres to the international 
                                                      
97 Ordinance No. 96-008 of 21 March 1996 and its implementing Decree No. 96-68/PCSN/MDRH/E of 
21 March 1996. 
98 Decree No. 90-55/PRN/MAG/EL of 1 February 1990. 
99 Order No. 031/MAG/EL/DPV of 25 February 1997. 
100 Order No. 104/MDR/DPV of 1 August 2001. 
101 Ordinance No. 96-008 and Decree No. 96-68/PCSN/MDRH/E of 21 March 1996. 
102 Decree No. 98-108/PRN/MSP of 12 May 1998. 
103 Order No. 336/MAG/EL/DP V of 16 December 1996. 
104 Order No. 46/MDI/CAT/DCIC of 19 September 1995. 
105 Ordinance No. 59-123 of 18 July 1959. 
106 Order No. 0028/MF/AE, Official Journal  No. 4 of 15 February 1964. 
107 Law No. 72-24 of 30 September 1972. Niger WT/TPR/S/223/NIG 
 Page 85 
 
 
  trade sanctions adopted by the United Nations S ecurity Council and the regional bodies to which it 
belongs. 
(3) MEASURES DIRECTLY AFFECTING EXPORTS  
(i) Customs procedures and taxes108 
79. The customs procedures for the export or re-expor t of goods are identical to those applicable 
to imports, except for the PVI requirement, which do es not apply to exports.  Statistical registration 
forms are required for exports and re-exports.  Op erations concerning goods under a suspensive 
regime must be covered by a bond note;  Nigeria and Mali are the major destinations.  Cattle may 
only be exported by cattle dealers and butchers appr oved by the Minister of Trade, after hearing the 
opinion of the Minister of Animal Resources109;  similar requirements apply to the export of hides and 
skins.110  The re-export of tobacco and cigarettes requires approval by the Minister of Trade.111 
80. A 3 per cent statistical export charge (RSE) s till applies to all goods exported, except mineral 
substances (subject to the mining levy regime (Chapter IV(3))).112  The taxable base for the RSE is the 
c.i.f. value, except for exports of live animals, produc ts of animal or plant origin or fisheries products, 
mineral products and articles in cast iron, iron a nd steel, for which the taxable base is a unit value.113  
A special re-export tax (TSR) applies to the re-export of  goods in transit to countries outside the Franc 
Zone;  the rate is determined according to the cate gory of the goods:  those in Chapter 24 of the HS 
(tobacco, cigars, cigarillos and cigarettes) are taxed at 5 per cent if their destination is a member 
country of ECOWAS but outside the Franc Zone (for example, Nigeria or Ghana), and 15 per cent for other destinations;  all other products are taxed at  10 per cent.  The taxable base for the TSR on 
consumer goods is a minimum export value (rice, tea,  soap, sugar, edible oils, etc.) and cigarettes.
114 
81. Since 2006, a flat rate tax has been imposed on cigarettes intended for special transit and/or 
re-export at a rate of 0.25 per cent of the c.i.f. va lue.  Niger has a large re-export trade (for example, 
cigarettes), mainly going to Nigeria, which is  Niger's second most important trade partner. 
82. All export transactions for commercial purposes whose c.i.f. value is CFAF 2 million or more 
require presentation of the NIF.115  An advance of 7 per cent on profits tax (ISB) is required for all 
customs and port operations by persons with no NIF;   persons with a NIF but without any certificate 
showing exemption from payment pay an advance of 4 per cent.116  The basis for the advance on the 
ISB is the f.o.b. value of the goods at the exit point. 
                                                      
108  Investment Promotion Centre information on line, "Régime fiscal et douanier du Niger".  Viewed 
at:  http://www.investir-au-niger.org/fca-in vestir-niger-4.htm [1 November 2008]. 
109 Ordinance No. 86-16 of 3 April 1986. 
110 Ordinance No. 86-15 of 3 April 1986. 
111 Order No. 030/MCI/PSP/DC I/C of 2 June 2006. 
112 Ordinance No. 93-16 of 2 March 1993 (Mining Code), as amended by Law No. 2006-26 of 
9 August 2006.  This levy (5.5, 9 and 12 per cent) is imposed on a mining company's profits for the financial 
year.  When the goods are shipped, a 5.5 per cent advance on the mining levy is payable.  Holders of small-scale mining authorizations have to pay an operating tax of 2. 5 per cent of the value of the product, determined in 
United States dollars.  The tax is paid to the decentra lized services of the Minist ry responsible for mining. 
113 Service Note No. 00005/DGD/DRRI of 22 January 2007. 
114 Service Note No. 00006/DGD/DRRI of 22 January 2007. 
115 Law No. 97-45 of 15 December 1997. 
116 Title VIII, Tax Code (2008). WT/TPR/S/223/NIG Trade Policy Review 
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  (ii) Prohibitions, quantitative restrictions and licensing 
83. Since 1998, Niger has imposed an export ban on seed cotton in order to guarantee the 
development of the cotton subsector.117  A statistical declaration form and the BSC are required for 
export and re-export and are issued by the GUFCE at the CCAIAN (Section (ii)).  As part of the 
measures taken to offset the 2005 food crisis (Chapter  IV(2)(ii)), the re-export of milled rice has been 
banned since 2005.118  Likewise, since 2005 the export or re-export of millet, sorghum, maize (corn), 
cassava flour and cattle feed h as (provisionally) been banned.119 
(iii) Export subsidies and promotion 
84. Niger has not notified the WTO of any export s ubsidies, but the country's authorities have 
pointed out that there are no direct export subsid ies.  The CCAIAN supports exports in various ways, 
for example:  assistance for participation in fair s and exhibitions organized in Niger or abroad;  
organization of trade and market survey miss ions;  and training of economic operators. 
(4) MEASURES AFFECTING PRODUCTION AND TRADE  
(i) Incentives 
85. Niger has not notified the WTO of any State aid.  Nevertheless, support measures are 
available to firms approved under the Investment  Code (Chapter II(4)), as well as for mining 
(Chapter IV(3)(i)) and petroleum investment (Cha pter IV(3)(ii)).  Some public utility goods and 
services such as the social tranche of the consump tion of electricity (Chapter IV(3)(iii)) and water 
supplies (Chapter IV(3)(iv)), air transport services (Chapter IV(5)(i)) and postal services (Chapter IV(5)(iii)), as well as agriculture, including its subsectors (Chapter IV(2)(ii)), also receive 
State aid (Chapter IV(3)(ii)).  In 2005, support was provided during the food cris is (Chapter IV(2)(ii)), 
and also in 2008, when prices soared on global markets. 
(ii) Competition and price control 
86. Niger does not have any special domestic regi me dealing with anti-competitive practices.  
According to the regulations in existence since 1992, the competition practices prohibited are refusal 
to sell, multiple sales, minimum prices and discriminatory pricing or terms of sale.
120  Misleading 
publicity is also prohibited.121  The marking, labelling and display of prices are also regulated122, and 
an invoice must be given upon request.123  At WAEMU level, a more comprehensive competition 
regime applies in Niger (joint report, Chapter III(2)(v)). 
87. The pricing regime has not change d since Niger's first TPR in 2003.124  Niger recognizes 
freedom of pricing for sales of goods, whether imported or manufactured domestically, as well as for 
                                                      
117 Order No. 45/MC/T/T/SE/DCE of 3 September 1992. 
118 Circular No. 085/DGD/CT  of 22 December 2005. 
119 Circular No. 230/MEF/DGD/DRRI of 11 March 2005. 
120 Investment Promotion Centre information on line, "Commerce et prix".  Viewed at:  
http://www.investir-au-nige r.org/fca-investir-niger -2.htm [2 May 2009]. 
121 Order No. 42/MDI/CAT/DCIC of 19 September 1995. 
122 Order No. 46/MC/DCIC of 19 September 1995. 
123 Order No. 44/MC/DCIC of 19 September 1995. 
124 Ordinance No. 92-025 of 7 July 1992. Niger WT/TPR/S/223/NIG 
 Page 87 
 
 
  services.125  Nevertheless, the price of certain goods or services may be fixed in an order by the 
Minister of Trade.126  These prices are fixed for all distribu tion stages, either in terms of absolute 
value or as a maximum profit margin added to the lawful selling price by the seller.127 
88. The key prices controlled in this way are tho se for hydrocarbons (together with the margins 
for importers and distributors), medical services and pharmaceuticals supplied by the State.  At the 
end of 2001, the State introduced a formula for the automatic adjustment of petrol prices at the pump.
128  The price of water is fixed in an agreem ent between the Government and the privatized 
company.  The price of electricity is fixed by d ecree, pursuant to Article 10 of the Energy Code.  
According to certain information, the price of ri ce is fixed jointly between sellers and the State.129 
(iii) State trading, government-owned enterprises and privatization 
89. Niger has not notified the WTO of any State- trading enterprise within the meaning of 
Article XVII of the GATT that engages in export.  Nevertheless, the Société nigérienne des produits 
pétroliers  (SONIDEP) still has a monopoly on the import of hydrocarbons.  The French company 
Areva had a de facto monopoly on exports of uranium produced by the Compagnie minière d'Akouta  
(COMINAK);  the same  applied to the Société des mines de l'air (SOMAIR)130 until the beginning of 
2009 when the State decided to sell uranium directly on global markets in order to take advantage of a 
higher selling price than that agreed with Areva131, uranium being Niger's leading export product 
(Chapter I(4)). 
90. The programme for the State's withdrawal from economic activities began in 1996132, with a 
list of 12 enterprises:  Abattoir frigorifique de Niamey  (AFN);  Office national des aménagements 
hydro-agricoles  (ONAHA);  Office du lait du Niger  (OLANI);  Office des eaux du sous-sol  
(OFEDES);  Société nationale des eaux  (SNE);  SONIDEP;  Société nigérienne des 
télécommunications  (SONITEL);  Société nigérienne de textile  (SONITEXTIL);  Société nigérienne 
de l'électricité  (NIGELEC);  Société propriétaire et exploitante de l'hôtel Gawèye  (SPEHG);  Société 
le riz du Niger  (RINI);  and Société nigérienne de cimenterie  (SNC).133  Since Niger's first TPR in 
2003, this list has been reduced to  seven because of the privatization (including sale of a majority 
holding to a strategic partner) of the companies OLANI, SNC, SONITEXTIL, SNE and SONITEL.  
The two latter privatizations were accompanied by the adoption of regulatory frameworks for opening 
up the activities concerned to competition (Chapter IV(3)). 
91. Since 2003, the scope of the privatization programme has been extended to financial services 
by adding Crédit du Niger  (CDN), whose privatization by means of a call for tender began in 
September 2007 and concluded in 20 08.  Nevertheless, there have been problems in privatizing 
                                                      
125 Article 2 of Ordinance No. 92-025 of 17 July 1992. 
126 Article 3 of Ordinance No. 92-025 of 17 July 1992. 
127 Article 10 of Ordinance No. 92-025 of 7 July 1992.  Order No. 45/MDI/CAT/DCIC of 
19 September 1995 determines the elements used to calculate the lawful selling price of an imported good. 
128 Decree No. 2001-004/PRN/MC/I of 26 July 2001. 
129 Afriquejet , "Le gouvernement nigérien menace de sévi r contre les commerçants", 7 June 2008.  
Viewed at:  http://www.afriquejet.c om/afrique-de-l'ouest/niger/le-gouve rnement-nigerien-menace-de-sevir-
contre-les- commer%C3%A7ants-200806076108.html [3 May 2009]. 
130 The Government of Niger has a 36.6 per cent holding in SOMAIR and 31 per cent of COMINAK. 
131 Afrol , "Areva lost Niger's uranium monopoly", 7 Au gust 2007.  Viewed at:  http://www.afrol.com/ 
articles/26348 [2 May 2009]. 
132 Ordinances No. 96-062 of 22 October 1996 and No. 96-075 of 11 December 1996. 
133 Afrik , "Niger ne bradera pas ses entrepri ses", 18 January 2001.  Viewed at:   http://www.afrik.com/ 
article2006.html [2 May 2009]. WT/TPR/S/223/NIG Trade Policy Review 
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  SONIDEP and NIGELEC (Chapter IV(3)).  In both cases, the privatization efforts in 2003 were 
unsuccessful for a number of reasons, including a certain lack of interest on the part of foreign investors.
134 
92. The Agence de régulation multi-sectorielle  - ARM (Multisectoral Regulatory Agency) (water, 
electricity, telecommunications, petroleum products) was set up in 2003 in order to monitor the 
privatization process, the quality of the goods and services provided and compliance with the contractual terms on the part of the buyers. 
93. Privatization operations are conduc ted under the technical direction of the relevant ministry.  
They are initially entrusted to internationally know n independent audit firms for a detailed analysis.  
The method used for privatization is a call for bi ds, prompt payment of the shares bought and their 
recording in the Finance Law as fiscal earnings (unless otherwise provided by presidential decree, for 
example, if the shares are sold to the employees). 
(iv) Government procurement 
94. Following the adoption of the Community text, in 2008 Niger revised its regulatory 
framework for government procurement, adopted in 2002.
135  This has gradually been implemented 
since 2002.  A World Bank study in 2004 found that there was a certain amount of malfunctioning in 
actual implementation (delayed adoption of implementing decrees, lack of tools such as manuals to inform stakeholders, the absence of the Autorité de régulation des marchés publics  - ARMP 
(Government Procurement Regulatory Authority), wh ich could ensure independent control of the 
regime through audits, etc.), even though the framework  itself appeared to be consistent with relevant 
international standards.
136  Since this study, good progress woul d seem to have been made with the 
legal and institutional foun dations of the regime.137 
95. Although it was set up in 2004138, the ARMP only appears to have commenced its activities 
officially in 2008.  Its components are:  the Na tional Government Procurement Regulation Council;  
the Committee for the Settlement of Disputes;  a nd the Executive Secretariat.  The ARMP prepares 
model bid documents;  the administrative fees are borne by the applicant.139  One of the ARMP's 
comprehensive obligations relating to transpar ency is publication on its website and in the Journal des 
Marchés publics  (Government Procurement Journal). 
96. The Code covers government procurement for an amount exceeding CFAF 10 million.140  It 
applies to all procurement, except expenditure on wa ter, electricity, telephone and transport, or that 
financed from special funds.  Procurement financed from external sources is also subject to the Code 
unless the clauses in the related financing agreemen t specify otherwise.  These regulations will be 
adapted to the needs of rural comm unities.  According to the 2008 revision of the Code, "corruption, 
fraudulent, collusory, coercive or obstructive acts" are prohibited (Article 126). 
                                                      
134 OECD (2006). 
135 Ordinance No. 2002-7 of 18 September 2002, as revised by Ordinance No. 2008-06 of 
21 February 2008.   
136 World Bank (2004). 
137 ARMP (2008). 
138 Decree No. 2004-190/PRN/MEF of 6 July 2004. 
139  ARMP online information.  Viewed at:  http://www.armp-niger.org/ 
140 Order No. 00270/CAB/PM/ARMP of 24 October 2007.  Procurement below this threshold may be 
settled on the basis of an invoice (using a list of refe rence prices drawn up by the Ministry of Finance). Niger WT/TPR/S/223/NIG 
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  97. Each contracting authority (for example, ministries) prepares a procurement plan and sets up a 
procurement division (DMP).  Pursuant to the C ode, a "person responsible for procurement" is 
appointed by each contracting authority to si gn the agreement on its behalf.  An open bidding 
procedure "is the usual method for awarding governme nt procurement contracts" (Article 15) unless 
there are only a limited number of companies that can  fulfil the contract, in which case, a restricted 
bidding procedure is used.141  Nevertheless, other methods may be followed depending on the 
circumstances.  For example, suppliers may be consulted for standard products and supplies, the 
supply of regular services or small-scale simple work for an amount of up to CFAF 20 million.  The restricted bidding method (involving at least three suppliers) may be used to purchase services for an 
amount of up to CFAF 25 million, and for supplies of an amount of up to CFAF 40 million, or for 
works of an amount of up to CFAF 55 million.  The direct negotiation method involving at least three competing suppliers may be used for supplies or  services relating to national defence or public 
security or if there is an imperative emergency (fo r example, a natural disaster);  competition might 
not be required under this method if the supplier has an exclusive right (for example, holds a patent), 
or to ensure continuity with the supplier awarde d a previous contract.  Those awarded contracts 
through direct negotiation are obliged to control pr ices during fulfilment of the contract.  Use of the 
direct negotiation method requires an exemption gran ted by the administrative authority responsible 
for a priori control of government procurement (Article 43). 
98. For open or restricted bidding procedures, th e "person responsible for procurement" is 
assisted in his administrative tasks by an ad ho c contract commission and by a committee of experts 
responsible for evaluating the bids;  the res ponsibilities and composition of these bodies have been 
determined by the regulations since 2009.
142  In principle, the lowest bi d is chosen when contracts are 
awarded through an open bidding procedure.  A pric e preference of up to 15 per cent may be granted 
to firms from Niger or to Community compani es (i.e. with corporate headquarters in the 
WAEMU area).143 
99. In both cases, the persons awarded the contract must control the prices on the basis of the cost 
price, with supporting documents.  The award of a contract is provisional because it must be approved 
by the Direction générale du contrôle des marchés publics  - DGCMP (Directorate-General for 
Control of Government Procurement).  This has b een set up within the Ministry of Finance and is 
responsible for a priori control of complia nce with the rules laid down in the Code.144  After it has 
received all the documentation, the ARMP is responsib le for a posteriori control.  The settlement of 
any disputes that may arise from application of these rules is one of the ARMP's responsibilities. 
(v) Protection of intellectual property rights 
100. Niger ratified the revised Bangui Agreemen t (1999) on 28 May 2002 (joint report, 
Chapter III(3)(iv)).  This chiefly serves as the nati onal framework for the industrial property regime.  
In Niger, the Structure nationale de liaison - SNL (National Liaison Body) is in the Ministry 
responsible for industry. 
101. In 1993, Niger introduced a national regime for the protection of copyright, related rights and 
expressions of folklore.145  This gives a work protection throughout the lifetime of its author 
                                                      
141 Order No. 00270/CAB/PM/ARMP of 24 October 2007. 
142 Order No. 0037/CAB/PM/ARMP of 2 March 2009. 
143 Article 36 of Ordinance No. 2002-7 of 18 September 2002, as revised by Ordinance No. 2008-06 of 
21 February 2008. 
144 Decree No. 2008-120/PRN/MEF of 9 May 2008. 
145 Ordinance No. 93-27 of 30 March 1993. WT/TPR/S/223/NIG Trade Policy Review 
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  plus 50 years, in conformity with the Bangui Agr eement (1977);  protection of one year is given for 
performances (not fixed on phonograms);  25 years fo r radio broadcasts and 50 years for phonograms.  
As these provisions are not consistent with tho se in the revised Bangui Agreement (1999), Niger's 
authorities plan to amend the national legal regime. 
102. The Bureau national de droit d'auteur  - BNDA (National Copyright Bureau) is responsible, 
inter alia , for the collective administration of royalties in Niger.146  Niger's authorities, however, have 
indicated that there are still problems in implementing the national regime for the protection of copyright, related rights and expressions of folklore, in cluding:  the lack of logistics (vehicles, means 
of communication, own premises, royalty distribu tion software and ways to promote awareness 
among users);  problems in distributing royalties (lists  of works performed are not always sent to the 
BNDA);  and training needs (researchers, computer technicians). 
                                                     
 
146 Law No. 95-019 of  8 December 1995. Niger WT/TPR/S/223/NIG 
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  IV. ANALYSIS OF TRADE POLICIES AND PRACTICES BY SECTOR 
(1) INTRODUCTION  
103. Despite the important role of uranium in Niger's economy, most of the population is 
employed in agriculture, including livestock production.   Food insecurity has become structural owing 
to a high population growth rate (3.3 per cent per year) and more extreme climatic conditions; in 2005 
Niger experienced a food crisis, triggered by an acridian invasi on and poor rainfall in 2004.  Its 
agricultural policy is at the mercy of this situation to which it is adapted through emergency measures.  
Thus, in 2008, the government exceptionally suspended import duties and taxes on rice and cereals in order to contain the local effects of soaring inte rnational market prices.  In normal times, State 
intervention within the context of agricultural policy is restricted, at national level, to breeder seed 
production and extension services for livestock farmers.   Live cattle are the leading item on Niger's 
list of raw products for export, the main destina tion being Nigeria.  Howe ver, cattle exports are 
subject to a 3 per cent tax based on unit values.  Within the framework of WAEMU and ECOWAS 
common policy, Niger intends to specialize to a greater extent in livestock production, thanks to the relatively high level of protection for the sector  afforded or envisaged at regional level. 
104. Niger's subsoil contains extensive and vari ed mineral deposits, to a large extent 
underexploited or completely unexploited.  Some mi nerals, mainly uranium, are being industrially 
mined and making a substantial contribution to Nige r's export earnings.  The Mining Code, revised in 
2006, raised State participation in mining company capital from 30 to 40 per cent, with 10 per cent of 
free shares.  Moreover, the new energy policy envisa ges the development of Niger's energy resources 
and an action plan to increase the use of renewa ble energy, which currently accounts for less than 
1 per cent of energy end consumption.  So far, Niger has imported all its petroleum requirements but 
it intends to start exploiting its  own reserves in 2009-2010; the Société nigérienne des products 
pétroliers  (SONIDEP) still holds a monopoly on the impor tation and storage of petroleum products, 
excluding butane gas.  Where exploitation is con cerned, the Petroleum Code (revised in 2007) 
provides for production or production-sharing contracts, with a right of State participation.  The 2004 
Electricity Code introduced the possibility of independent electricity generation but with the 
obligation to sell any surplus to the State company Nigelec which, globally, still holds a monopoly on 
electricity transport and distribution. 
105. Manufacturing is still marginal and confined to  dairy products exported to the subregion, 
PVC pipes and foam mattresses, and tanned hides.  The landlocked nature of the country, with the 
associated high costs, including for imported in puts (raw materials and energy), limits the 
competitiveness of these products.  The underdevelopm ent of the transport services has made the 
situation worse and is delaying the takeoff of othe r services such as tourism. The Government's efforts 
to develop transport services have be en partly frustrated by illegal practices, which give rise to false 
costs, and by the organization of these services, incl uding the restrictive practices of the Niger Road 
Hauliers Union (with its traffic allocation system and its charges).  Air transport is not developed 
either.  Banking services are governed by the WAEMU common banking regulations and insurance services by the Code of the Inter-African Confer ence on Insurance Markets.  Niger has given 
undertakings covering certain categories of services under the WTO's General Agreement on Trade in 
Services (GATS). WT/TPR/S/223/NIG Trade Policy Review 
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  (2) AGRICULTURE AND RELATED ACTIVITIES  
(i) Overview147 
106. A huge landlocked country in West Africa,  Niger covers an area of 1,267 million km2, 
three quarters of which is desert.  In its fertile s outh-western part, the country is crossed by the River 
Niger (length 550 km.).  Apart from the exploitation of  uranium, its most important resource, Niger is 
a primarily agricultural and pastoral country (Cha pter I(1)).  In 2008, out of a total population 
estimated at 14.2 million, about 11.7 million (82 per cent) were living in rural areas.  Forests cover 
20,000 km2 (1.6 per cent of the territory) and their exploitation provides sufficient wood and wood 
products to meet most (87 per cent) of the country's energy needs. 
107. Niger has several separate zones of agricultural activity: in the Saharan zone, in the north, 
there is little or no agriculture on account of the d esert conditions (77 per cent of the land); camel 
breeding takes place mainly in the Sahel-Saharan zone  (12 per cent); the Sahel zone (10 per cent) is 
characterized by agro-pastoralism; and the Sahel-Suda nese zone (1 per cent), with its rich and varied 
vegetation, is suitable for crop and livestock produc tion.  The Sahel zone is the most densely 
populated; it is characterized by having two main seasons: a long dry season lasting eight to 
nine months and a rainy season of three to four m onths (June-September).  The rainfall is notable for 
its irregularity, being unevenly distributed in time and space and often inadequate.  Despite generally 
favourable hydrological conditions, less than 20  per cent of the land suitable for irrigation 
(270,000 hectares) is actually irrigated, since the wa ter resources of the River Niger and its tributaries 
are relatively undeveloped.  Niger also appears to have large, but little exploited reserves of 
groundwater.  The principal irrigated crop is rice (mainly local varieties). 
108. The cultivated area, estimated at 6.5 million h ectares, is occupied by 1.5 million households 
(with an average of 4.1 hectares per household) .  Farming, including animal husbandry, on small 
family holdings (on average 0.4 hectares) near  villages is the main agricultural activity 
(Section (iii)(a)).  In general, fair access to land,  water and grazing is a central concern of Niger's 
agricultural policy (Section (ii)).  Livestock is ra ised in accordance with the sedentary, nomadic 
(searching for water and grazing) and transhumant sy stems (in the latter case the basic food supply for 
the herds comes essentially from internal and tran sborder natural pasture land), which all depend on 
rainfall; the sedentary system predominates.  Wher e food crops are concerned, access to the land is 
subject to customary rights and the farmers maintain  their own stocks of seed and buy their inputs on 
the market, despite the fact that access to financing is almost nonexistent.  The methods of cultivation 
are rudimentary, with low yields, and marketi ng is made difficult by the lack of adequate 
infrastructure to link the areas of consumer demand with the areas of surplus production.  The main 
food crops are millet and sorghum, grown mainly by subsistence farmers, and rice, which is also 
marketed.  The main cash crops are cowpeas, groundnuts and sesame. 
109. Niger suffers from food insecurity resulting, among other things, from a strong demand for 
food products associated with a population growth rate of the order of 3.3 per cent a year (7.5 children 
on average per woman of child-bearing age).  This is  creating a constant pressure on natural resources 
and the areas suitable for cultivation, in the absence of production system intensification.  Each year, 
Niger imports about 300,000 tonnes of cereals (10 per cent of requirements, including about 10 per 
cent in the form of food aid), primarily to me et the needs of urban households; however, the 
cross-border flows between Niger and Nigeria are no t well documented.  Above all, food insecurity is 
                                                      
147 Ministry of Agricultural Development and Animal Resources (2007). Niger WT/TPR/S/223/NIG 
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  a constant threat for families and pastoralists in the Sahel-Saharan and Saharan zones, who are already 
weakened by malnutrition and poverty. 
110. In addition to this structural aspect there is  a cyclical aspect.  In 2004, cereal production fell 
by 26 per cent (Table IV.1), as a result of an acridi an invasion and poor rainfall.  This fall contributed 
to a decline in available cereal stocks and househol d incomes.  In 2004, the gross cereal shortfall was 
estimated at 15 per cent of requirements, which led to  a serious food crisis in 2005 (Section (ii)), more 
than thirty years after the great Sahel famine of 1973-1974.  Because of its la ndlocked situation, Niger 
makes up for its cereals deficit by buying on the markets of neighbouring countries that have ports through which they import from overseas. 
Table IV.1 
Trends in food production, 2001-2007 
(Tonnes thousand) 
 2001 2002 2003 2004 2005 2006 2007 
Total 3,725 4,023 4,300 3,009 4,198 4,663 4,780 
Cereals 3,102 3,229 3,579 2,660 3,602 3,960 3,767 
Millet 2,359 2,504 2,745 2,038 2,652 3,015 2,782 
Sorghum 664 636 758 600 944 935 975 
Paddy rice 70 82 69 18 3 7 7 
Maize 2 2 2 4 3 2 2 
Fonio 1 2 1 0 0 0 2 
Wheat 6 4 4 .. .. .. .. 
Pulses 515 628 554 349 596 703 1013 
Cowpeas 509 612 549 339 586 693 1001 
Voandzou 6 16 5 10 10 11 12 
Tubers 107 167 167 0 0 0 0 
Cassava 77 122 122 .. .. .. .. 
Sweet potato  30 45 45 .. .. .. .. 
.. Not available. 
Source : National Statistical Institute of Niger. 
111. Fishing is carried out over a total area of 4,200 km2 by about 50,000 people.  Domestic 
production reached a peak of 55,90 0 tonnes in 2003, mainly thanks to various fishery development 
initiatives (for example, the stocking of bodies of water with fish) adopte d since the return of 
Lake Chad to Niger territory in 1998 (it had shrunk away as a result of the great drought).  Most fish 
is eaten fresh or smoked.  Fresh fish is sold on lo cal markets and on the market in Niamey and in 2003 
about 15 per cent of domestic produc tion was exported, in smoked form, to the markets of northern 
Nigeria. 
112. Food imports (about one third of the annual tota l) mainly comprise cereals (40 per cent of the 
total), edible oils (11 per cent), sugar and sugar c onfectionery (9 per cent), dairy products, especially 
powdered milk (7 per cent), and tobacco (6 per cent) .  Some participants in the imported food product 
distribution chain are creating rent situations that  push up the prices of these products between their 
point of entry into Niger and their point of final distribution on the domestic market.148 
                                                      
148 Afriquejet , "Le gouvernement nigérien menace de sévir contre les commerçants", 7 June 2008.  
Viewed at:  http://www.afriquejet.c om/afrique-de-l'ouest/niger/le-gouve rnement-nigerien-menace-de-sevir-
contre-les-commer%C3%A7ants-200806076108.html [3May2009]. WT/TPR/S/223/NIG Trade Policy Review 
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  (ii) Agricultural policy 
113. Since the promulgation of the Rural Code in 1993149,  Niger's economic development strategy 
has been refocused on the expecta tions of the rural community.  The Code is intended to provide a 
better legal and institutional framework for agricu lture (for example, through land tenure reform and 
decentralization).  However, only some of the implementing texts have so far been adopted.150  The 
Rural Code is supplemented by the Fishing Code151,  the framework law on livestock breeding152 and 
the forestry law153,  which establish rules for persons enga ged in these activities, with a view to 
ensuring the sustainable management of common natural resources, as well as for those who transport and market agricultural products.  State support is  mainly focused on irrigation, natural resource 
management and extension services. 
114. The Office des produits vivriers du Niger  - OPVN (Niger Food Products Board) has been 
responsible for food product marketing since 1988;   however, the State is understood to have 
withdrawn from setting maximum prices  for staple agricultural products.
154  Where there is a surplus 
of certain food products, the OPVN may make purch ases in order to contain the fall in their market 
prices (for example, cowpeas in 2008).  The setting of minimum prices for seed cotton ceased in 
2004.  The withdrawal of the State from the agricu ltural sector continued with the 1996 privatization 
programme155; the privatization of the Société cotonnière du Niger  - SCN (Niger Cotton Company),  
the Office du lait du Niger  - OLANI (Niger Milk Board) has been completed, whereas the Société du 
riz du Niger  - SRN (Niger Rice Company) is still on the privatization programme.  The Niamey cold-
storage slaughterhouse remains the only one available to livestock producers.  A current investment 
project involves the construction of a new slaughterhouse by the State, the concession for which has 
been awarded, and the establishment of a liv estock chain capable of ensuring the traceability 
demanded by developed country markets. 
115. Within the framework of the Poverty Reduction Strategy (PRS)156,  adopted in 2002, the 
Rural Development Strategy (RDS), adopted in 2003157,  is aimed at reducing rural poverty from 66 to 
52 per cent of households by 2015, in accordance with the Millennium Development Goals.  Its 
Action Plan, adopted in 2006158,  includes all the rural community measures recommended by the 
Niger authorities, spread over 14 programmes with  a total cost of CFAF 1,996.7 billion over the 
period 2006-2015.  The aim is to promote the inte nsification of the production systems, while 
controlling the resulting pressure on natural resources,  in order to establish a sustainable basis for 
agricultural development.  The Plan forms part of  a long-envisaged decentralization policy, which was 
finally launched only in 2002.159  As an LDC, Niger intends to finance these programmes primarily 
with the assistance of multilateral and bilateral donors,  while the salaries of the administrators would 
be paid by the State.  The Action Plan provi ded for an institutional framework for the rural 
                                                      
149 Ordinance No. 93-015 of 2 March 1993. 
150 M. Abdoul Karim, J.-M. Br etel, J. Chabbert (2006). 
151 Law No. 98-042 of  7 December 2007. 
152 Law No. 2004-048 of 30 June 2004. 
153 Law No. 2004-040 of 8 June 2004. 
154 Article 3 of Ordinance No. 92-025 of 17 July 1992 states that the maximum prices can be set by 
order of the Minister of Trade. 
155 Ordinance No. 96-062 of 22 October 1996. 
156 Government of Niger (2002).  The Accelerated Development and Poverty Reduction Strategy 
(ADPRS) has taken over from the PRS for the period 2008-2012.  IMF (2008). 
157 Decree No. 2003-310 PRN/MRA of 14 November 2003. 
158 Decree No. 2006-310 PRN/MHELCD of 5 October 2006. 
159 Law Nos. 2002-12, 2002-13 and 2002-17 of 11 June 2002. Niger WT/TPR/S/223/NIG 
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  community.160  Under the aegis of the National Rural Code Committee, which dates from 1989 and 
has a national Permanent Secretariat, eight regional permanent rural code secretariats have been set 
up.161  These are technical services specialized in th e implementation of the Rural Code on a regional 
scale.  Their tasks include the preparation of a "land management scheme", to be implemented at 
commune level.  The 213 rural commune councils (out of 265, including urban) are identified as the 
contracting authorities for the measure s in favour of the rural community.162  For the moment, their 
financial resources consist of taxes to be collected and are therefore minimal, but there are plans for a 
greater transfer of tax-raising powers and, abov e all, budgets financed from foreign aid.  These 
councils deal with all issues relating to access to land163,  the environment and the management and 
sharing of common resources, land-use planning and wa ter engineering, and the road infrastructure.  
These functions are mainly centralized.  In particul ar, they involve the conf irmation of movement and 
grazing rights for cattle in agricultural areas, within  the context of a transfer of power from the 
traditional chiefs to those who cultivate the land and thus are better placed to intensify the production 
systems.164 
116. The Action Plan promotes one organization per agricultural subsector in order to encourage 
the supply of services in the proximity of the pr oducers concerned.  Once the producers have been 
federated, it is intended to establish public-pri vate coordination entities to identify and more 
effectively meet their pressing needs.  The Chambe r of Commerce, Agriculture and Crafts of Niger 
(CCAIN) is supervising these activities through the regional chambers and its  national network.  
There are specific strategies for promoting the production and marketing of gum arabic (an odourless 
food emulsifier and binder), the fishing a nd aquaculture subsector and livestock production 
(Section (iii)).  There could also be strategies for other promising subsectors. 
117. Moreover, in 2002, Niger adopted its "Opera tional Strategy for Food Security" (SOSA).165  
This strategy has five main objectives: to promote production system intensification; to encourage the 
development of national and subregional markets and make th em more fluid; to improve the 
conditions of access to food and basic social services  for vulnerable groups and areas; to improve the 
systems for the prevention and management of ec onomic crises; and to build capacity.  It is 
accompanied by a National Food Crisis Prevention an d Management Framework comprising: an early 
warning system (EWS) and market information sy stems (MIS); a national security reserve managed 
by the OPVN, with a theoretical capacity of 80,000  tonnes; the Food Security Fund (FSA); and the 
Common Donor Fund (FCD).  The National F ood Security Committee is responsible for 
implementing the SOSA. 
118. The EWS involves, among other things, monito ring the growing season and the damage done 
by pests, evaluating harvests and fodder crops, and monitoring prices.  The measures recommended 
by the Framework are intended to soften the impact  of the crisis and include, among other things, the 
                                                      
160 Decree No. 97-008/PRN/MAG/EL of 10 January 1997. 
161 Order No. 013/MDA/CNCR/SP of 19 April 2006. 
162 The Commune Councils were set up following the municipal elections held for the purpose in 2004. 
163 The Rural Code introduced a system for the determination and registration of producers' rights 
through Land Commissions (COFOs) that bring together the parties concerned (administrators, traditional 
chiefs, representatives of civil soci ety, etc).  The COFOs pr ovide a framework for coordination, planning and 
decision-making in the areas of natural resources manage ment and dispute prevention.  They issue land titles.  
The COFOs are established at department (there are 36),  commune and village level.  According to information 
provided by the authorities, between 2001 and 2006, a total of 1,403 land titles, 10,187 land settlements and 
821 conciliation reports were issued. 
164 Ministry of Agricultural Development (undated). 
165 Decree No. 2000-281 PRN/PM of 4 August 2002. WT/TPR/S/223/NIG Trade Policy Review 
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  establishment of a cattle feed bank, the supply of ca ttle feed inputs, the establishment or rehabilitation 
of cereal banks and seed banks, food for cereal bank stocks, food for work (FFW) or cash for 
work (CFW), and sales of cereals at reduced pri ces.  The OPVN is responsible for transferring food 
products from the areas in which ther e are surpluses to those in which there are shortages.  Moreover, 
this system is part of a more comprehensiv e regional environment for information exchange 
maintained by the Inter-State Committee on Drought Control in the Sahel (CILSS), supported by the 
FAO, the WFP and the Famine Early Warning Syst em (FEWS).  Food aid for Niger supplements the 
Framework.  For most donors, this aid is subject  to the Food Aid Charter (1990), whose emergency 
procedures require that the aid be distributed thro ugh the WFP or NGOs;  this Charter is currently 
being revised. 
119. The Framework was last activated in 2004 due to the collapse in food production confirmed 
by the EWS (Section (i)).166  Despite sales of national security stocks at reduced prices starting in 
October 2004, the prices of local cereals had doubled by the beginning of 2005, which sharply reduced rural household purchasing power.  From July 2005, imported food was distributed free of 
charge to about 2.5 million people by the WFP, to supplement the National Food Crisis Prevention 
and Management Framework (Section (ii)). 
120. The Ministries of Agricultural Development, Animal Resources (which deals with livestock 
and fisheries) and Water Resources, Environmen t and Desertification Control contain the main 
agricultural directorates and services, with repr esentative offices at regional, department and 
commune levels.  Their own-resource financing is c onfined to the salaries of the officials and some 
operating expenses, the programmes being, for the most part, externally funded.  Research on seeds 
and new cultivation techniques is carried out by the Institut national de la recherche agronomique du 
Niger  - INRAN (National Institute for Agricultural Research of Niger)
167, established in 1978, in 
partnership with the Centre for International C ooperation in Agricultural Research for Development 
(CIRAD).  Each year, INRAN produces 30 to 40 tonnes of seed which is made available to breeders 
at subsidized prices.  The latter sell on the seed to producers.  The Cent ral Livestock Laboratory 
(LABOCEL) produces a wide range of vaccines which are made available to producers at subsidized 
prices.   There are numerous field projects (pond development, support for the purchase of agricultural equipment, animal disease eradication), for the mo st part externally funded.  Moreover, there are 
many NGOs engaged in field activities. 
                                                     
 
166 SWAC/OECD (2008) and WFP (2005). 
167 INRAN has set up decentralized services consis ting mainly of Regional Agricultural Research 
Centres (CERRAs) at Niamey, Kollo, Tahoua and Maradi;  research stations and support units (Bonkoukou, 
Gabougoura, Saga, N'Dounga, Kollo, Bengou, Tillabéri, Moli, Ouallam, Lossa, Ka la paté, Tara, Tahoua, 
Agadez, Konni, Kawara, Seha, Diffa, Magaria);  and Re gional Agricultural Research Committees (CORAs). 
"The CORAs include representatives of the rural commun ity, technical services, deci sion-makers, projects and 
NGOs, and advisory services.  The CO RAs identify the problems faced by th e producers (i.e. their needs) and 
establish research priorities accordin gly.  INRAN's research work involves a wide range of topics including 
irrigated and rain-fed crops, natural resource manageme nt, production systems and technology transfer, the 
improvement of livestock production, the processing and development of agricultural products, the production 
of improved seeds, etc.  For these purposes the Institute operates a laboratory for analyzing soils, plants and water; a food technology laboratory; and entomology and phytopathology laboratories.  It also has a 
well-qualified staff composed of 63 researchers, 52 tech nicians, 26 administrative pe rsonnel, 78 operatives and 
137 support staff.  INRAN is perceived as a scientific tool for achieving food self-sufficiency and reducing poverty."  See NigerDiaspora.Info, Institut Nationa l de la Recherche Agronomique du Niger (INRAN), 
2 October 2008.  Viewed at:  http://nigerdiaspora.info/index.php/agriculture/agriculture/ institut-national-de-la-
recherche-agronomique-du-niger-(inran)/ [13 June 2009]. Niger WT/TPR/S/223/NIG 
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  121. According to the authorities, the rural sector  accounts for between 20 and 25 per cent of the 
annual State budget (all sources of financing combin ed); over the period 2001-2006, the rural sector 
received about CFAF 400 billion out of a total of CFAF 1,042 billion in aid for Niger.  The areas concerned were, in particular , water engineering (CFAF 120 billion);  agricultural inputs and 
equipment (45 billion);  water management works and rehabilitation of soils and infrastructure 
(46 billion).
168   Moreover, individual farmers, livestoc k breeders and fishermen are exempt from 
annual profits tax; for the most part they are also exempt from the business licence fee ( patente ), with 
some exceptions (seasonal fishermen, livestock breeders, cattle dealers).  Tax incentives for 
agri-foodstuff companies are available unde r the Investment Code (Chapter II(4)). 
122. The WAEMU CET, which Niger applies, provides a comparatively higher level of nominal 
protection for agricultural than for non-agricultural products.  The simple average of the rates applied 
to agricultural products in 2008, under the ISIC de finition (including livestock production, fishing and 
forestry), was 13.1 per cent (joint report, Table AI II.2), above the global average of 12.1 per cent.  
The simple average of the rates for agriculture (WTO definition) was 14.6 per cent, well below the 
82.2 per cent for bound rates in Niger's Schedule LIII (joint report, Tables AIII.1 and AIII.2).  
Agricultural products originating in ECOWAS (inc luding WAEMU) are exempt from customs duties.  
The State may also take measures to provide relief from customs duties and/or VAT by way of support (Chapter III(2)(iii)) and may sell cereals at re duced prices.  In several cases relating to food 
products customs valuation is based on reference pric es (Chapter III(2)(ii)).  Excise duty is charged on 
tobacco and tobacco products, alcoholic beverages,  tea, cola nuts and edible oils and fats 
(Chapter III(2)(iii)(c)).  A single rate of VAT (19 per cent) is also applied to imports of agricultural 
products (Chapter III(2)(iii)(c)), except for tho se granted exemption, such as unprocessed food 
products (for example, cassava, cereals other than rice)  and staple foods (salt, edible oils and fats, 
sugar and flour).  Agricultural products, includi ng food products, may be subjected to sanitary and 
phytosanitary measures (Chapter III(2)(vi)).  In December 2005, Niger prohibited the importation of 
poultry and poultry products from infected countries.
169 
123. There is an export statistical charge (RSE) of  3 per cent applied to all products, as well as a 
special re-export tax (TSR) for products in transit.  Cigarettes in transit to countries which are outside 
the Franc Zone, but members of ECOWAS (for exampl e, Nigeria) pay a TSR of 5 per cent, whereas 
those bound for other countries outside the Franc Zone are subject to a TSR of 15 per cent.  The TSR is 10 per cent on all other products.  The tax base for th ese levies is the c.i.f. value at the Niger border, 
except in the case of agricultural products (includi ng live animals), for which Niger has established 
"taxable values" at exportation.  In practice, the trade in vegetable, livestock, forestry and fishery 
products is mainly with Nigeria, much of it thr ough informal channels, which makes it difficult to 
apply these measures at the Niger border. 
124. At subregional level, WAEMU has a common agricultural policy (joint report, 
Chapter I(3)(i)), as does ECOWAS (joint report, Chapter I(3)(i)).  The adoption of the latter's 
Common External Tariff (CET), possibly in the cour se of 2009, would appear to provide the context 
for a policy that favours greater tariff protection fo r agricultural products, with the introduction of a 
new fifth tariff category of 35 per cent.  This initia tive appears to be aimed at developing exports of 
agricultural products to nearby markets, countries ha ving specialized to a greater degree in the 
five priority subsectors (rice, cattle/meat, poultry, maize and cotton); Niger is primarily involved in 
the cattle trade.  The objective of developing expo rts of agricultural products implies a heavy agenda 
of standardization, conformity assessment and certifi cation at subregional level (Chapter III(2)(vi)).  
                                                     
 
168 RDS Inter-Ministerial Steering Committee (2007). 
169 Inter-Ministerial Order No . 00722/MRA/MHE/LCD/MSP/LCE/M CI/PSP of 6 December 2005. WT/TPR/S/223/NIG Trade Policy Review 
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  The WAEMU member States have harmonized their veterinary pharmaceuticals legislation and a 
harmonization scheme will shortly be adopted for seed, for plant and animal health control and 
surveillance, and for food safety. 
(iii) Policy by subsector 
Livestock 
 
125. Niger has a large livestock population, estimated  at more than 31 million (Table IV.2) and 
composed mainly of sheep, goats, bovine cattle , camels, and donkeys and asses; poultry is not 
included in this total, but also has considerable potential.  Numbers have increased since Niger's first 
TPR in 2003.  The meat and milk yields of bovine cattle are relatively low because of the reliance on 
local species, although these have greater resist ance to disease.  Stockbreeding alone employs about 
20 per cent of the active population and contributes about 10 per cent of GDP. 
Table IV.2 
Trends in the livestock population, 2001-2006 
(Thousand head) 
 2001 2002 2003 2004 2005 2006 
Bovine cattle 6,777. 4 6,913.0 7,051.2 7, 192.2 7,336. 1 7,482.8 
Sheep 8,167.0 8,412.0 8,664.4 8,924.3 9,192.0 9,467.8 
Goats 10,181.3 10,435.8 10,696.7 10,964.2 11,238.3 11,519.2 
Camels 1,474.9 1,497.0 1,519.5 1,542.3 1,565.4 1,588.9 
Horses 221.2 223.4 225.6 227.9 230.2 232.5 
Donkeys. asses 1,364.6 1,391.9 1,419.7 1,448.1 1,477.1 1,506.6 
 
Source : National Statistical Institute of Niger. 
126. According to the Livestock Code170, stockbreeders have certain obligations towards their 
animals (for example, inhumane treatment is not a llowed), as well as towards the potential customers 
for those animals or their products.  Animals for slaughter are subjected to health and hygiene 
inspections at the places where they are bred and in cattle markets, as well as in the slaughterhouse 
lairage.  Breeders must report immediately to the veterinary services the appearance of diseases 
deemed to be contagious, particularly those on the OIE List A.  The veterinary services may decide on 
individual or collective preventive measures.  All animal products for human consumption are also 
subject to inspection to determine their fitness.  Animals may only be slaughtered in a slaughterhouse 
or yard authorized and supervised by the veterina ry services (for example, the Niamey cold-storage 
slaughterhouse); however, it seems that clandestine sla ughtering is prevalent.  The official veterinary 
services are supplemented by veterinary  ancillaries from the private sector ( mandataires sanitaires ) 
commissioned by the ministry responsible for livestock. 
127. Niger is a large exporter of livestock products, which accounted for 22 per cent of exports in 
2007, the second most important item after uranium (Chapter I(4)).  These livestock exports consist 
essentially of live animals exported to Nigeria (Table  IV.3);  it appears that the importation of 
carcases from Niger is prohibited by its neighbours.  Live animal exports must be accompanied by an 
international animal health certificate drawn up by Ni ger's official veterinary services to show that the 
animals are in good health; the costs are borne by the exporter.  The inspection of food derived from animals gives rise to a veterinary control tax at import and export.  The livestock subsector is among 
those selected by WAEMU as a vehi cle for the intensification of trade among its members.  In 
                                                     
 
170 Law No. 2004-048 of 30 June 2004. Niger WT/TPR/S/223/NIG 
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  general, the WAEMU Common External Tariff (CET) is progressive in the livestock subsector, with a 
maximum rate of 20 per cent on finished products a nd a rate of 5 per cent on inputs (joint report, 
Chapter III). 
Table IV.3 
Live animal exports, 2001-2006 
(Thousand head) 
  2001 2002 2003 2004 2005 2006 
Bovine cattle   180,009 93,519 73,938 73,397 70,409 99,826 
Of which: Nigeria 179,671 92,843 73,879 73,186 70,340 99,429 
Sheep  466,294 388,599 218,442 101,222 11,351 194,745 
Of which: Nigeria 423,353 344,779 199,238 88,718 8,281 182,195 
Goats   719,513 535,101 342,516 294,453 115,118 353,989 
Of which: Nigeria 682,365 509,621 333,602 294,165 114,431 351,067 
Camels   33,797 23,571 8,310 5,886 3,109 184,003 
Of which: Nigeria 32,158 20,389 7,402 5,069 2,992 170,774 
Horses   1,047 1,060 222 114 104 468 
Of which: Nigeria 1,043 1,060 221 114 103 468 
Donkeys, asses   69,821 69,186 33,877 25,001 5,489 2,255 
Of which: Nigeria 69,454 69,170 33,803 25,001 5,484 2,255 
 
Source : National Statistical Institute of Niger. 
(3) MINING , ENERGY AND WATER  
128. Niger has considerable potential for developing it s minerals - uranium, petroleum, limestone, 
coal, gold, gypsum, marble, phosphate, iron, cassite rite, and copper, as well extensive water systems 
that remain unexploited, with less than 1 per cent being tapped for agricultural purposes.171 
129. Since 2000, Niger's annual per capita energy c onsumption has remained stable at about 
0.14 tpe, which is quite small as compar ed with that for Africa (0.5 tpe).172  The electricity subsector's 
share of the national energy balance is 13 per cent, of which 0.01 per cent is renewable energy.  Niger 
depends on imports to cover its energy needs, particularly for gasoline, diesel and petroleum.173  In 
order to cope with the increasing burden of its oil bill - 36 per cent of export earnings in 2005 - and 
better exploit the national potential, in 2004174 the Government adopted an energy resources 
development strategy and a renewable energy action plan175;  renewable energy accounts for less than 
1 per cent of energy end consumption.176 
130. The MEPRED-Niger177 project, in partnership with ECOWAS and WAEMU, is aimed at 
promoting access to energy; it is managed by the Comité national multisectoriel énergie  - CNME 
                                                      
171 The surface water networks are estimated at more than 32 billion m³/year; gr ound water reserves at 
about 2.5 billion m³ renewable and 2,000 billion m³ non-renewable.  Government of Niger (2007b). 
172 SIE Niger (2006). 
173 Ministry of Transport (2006). 
174 The guidelines for energy polic y are laid down in the Energy  Policy Declara tion adopted on 
28 October 2004. 
175 Government of Niger (2007b). 
176 Government of Niger (2006). 
177 "Mainstreaming Energy for Poverty Reduction and Economic Development", see Order 
No. 00092/MME/DERED of 6 October 2005 adopted by the Minister of Mines and Energy.  The MEPRED 
project involves four countries:  Niger, Senegal, Burkina Faso and Mali, as well as ECOWAS.  It is coordinated WT/TPR/S/223/NIG Trade Policy Review 
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  (National Multisectoral Energy Committee), established in 2005.178  In order to make the common 
market in energy services more efficient, a Regi onal Committee of Energy Sector Regulators (CRRE) 
of the WAEMU Member States was set up in 2009 for the purpose of advising the Commission.179 
(i) Petroleum and gas products 
131. Niger's subsoil contains substantial reserves of oil, the exploitation of which is scheduled to 
begin in 2009-2010.  For a number of years, Niger has been seeking to diversify its partners in oil 
exploration.  In this connecti on, in 2003 drilling began at three locations and several companies 
obtained permits to explore in the north of the country.180  So far, this exploration has led to the 
discovery of 320 million barrels of oil and 10 billion m3 of gas.181 
132. The country currently imports all its petroleum product requirements.182  The Société 
nigérienne des produits pétroliers  (SONIDEP) still holds a monopoly on the importation and storage 
of finished petroleum products183, with the exception of butane gas, over the whole of the national 
territory.184  It supplies petroleum products to Niger's ma in distributors, in particular Tamoil, Mobil 
and Total.185  Distribution is organized through regiona l depots, service stations and drum stores.186 
133. Adopted on 31 January 2007187, Niger's revised Petroleum Code defines the legal and fiscal 
regime governing the activities of hydrocarbon pros pection, exploration, production, refining, 
transport and marketing on the national territory.  The State retains the exclusive ownership of all 
Niger's hydrocarbon resources.  The Code provides fo r permits for prospection, valid for one year; 
exploration, with a maximum cumulative period of validity of eight years; and exploitation, granted for a period of not less than 25 and not more than 35 years.
188  The Code introduces innovations such 
as the internal transport permit;  a revision of the scale for the annual area royalty for each permit;  
and a royalty proportional to production for explo itation permits.  To obtain a petroleum title, a 
foreign national must provide evidence of at least  a stable establishment in Niger for carrying out 
prospecting operations and a co mpany constituted under Niger law for carrying out exploration, 
exploitation and transport operations.189 
                                                                                                                                                                     
by the French Environment and Energy Management Agency (ADEME).  The DPRS 2008-2012 incorporates 
access to energy services amounting to  CFAF 340 billion.  Information prov ided by the Ministry of Mines and 
Energy, "Access to energy services in Niger". 
178 Order No. 00078/MME/DERED dated 18 August 2005 on the establishment, functions and 
organization of the National Multisectoral Energy Committee (CNME). 
179 This Committee is composed of the national authorities of the member States responsible for 
regulating the energy sector.  Decision No . 02/2009/CM/UEMOA. 
180 Government of Niger (2007b). 
181 "Les potentialités économiques du Niger ", Statement by the Prime Minister of Niger at the 
Conference on Business Opportunities in Niger, Paris 19-26 June 2006. 
182 Republic of Niger (2006). 
183 The 1996 Privatization Law and the Decision of the Inter-Ministerial Committees of 30 April and 
17 July 2002 provided for the privatization of Sonidep.   Viewed at:  http://www.son idep.com/ anniversaire.html. 
184 Republic of Niger (2006). 
185 The Economist Intelligence Unit online information, Country Profile 2008 .  Viewed at:  
www.eiu.com. 
186 Decree No. 2007-082/PRN/MME of 28 March 2007 implementing the Petroleum Code, Article 65. 
187 Law No. 2007-01 of 31 January 2007 on the Petroleum Code. 
188 This maximum period of validity applies to exploitation permits as well as to exclusive licences.  
Article 69 of Law No. 2007-01 of 31 January 2007 on the Petroleum Code. 
189 Law No. 2007-01, Article 10. Niger WT/TPR/S/223/NIG 
 Page 101 
 
 
  134. Under both the production-sharing contract s (PSC) introduced by the new Code and 
concession contracts (CC)190 the State reserves a right of participation which it notifies to the 
contractor.191  Under a PSC, hydrocarbon production is shared between the State192 and the contractor, 
which receives a share of the total production ("cost oil"), net of ad valorem  royalty.193  For the 
investor, the choice of a PSC has the advantage of enabling him to recoup up to 70 per cent of the 
investment costs incurred, since only the balance of the total hydrocarbon production ("profit oil"), 
less ad valorem  royalty, and the proportion taken in the form of cost oil is shared between the 
contractor and the State.194  Corporation tax (IS) is not collected under a PSC;  under a concession 
contract, the IS ranges from 45 to 60 per cent, depending on the rate of return. 
135. Moreover, under a PSC or a CC the contractor is  required to supply the domestic market if the 
State is unable to satisfy domestic consumption re quirements from its share of the crude oil produced.  
The price at which a barrel is sold to the State is th e ex-oilfield market price in effect on the date of 
sale.  The new Code incorporates the payment of a signature bonus195 negotiated between the State 
and the investor for the PSC or CC and also requir es the preparation of an annual waste management 
plan and an environmental impact assessment in conformity with international practice.196 
136. The PSC and the CC confer the right to transpor t the products of oilfield exploitation to the 
storage, processing, unloading, bulk consumption or delivery points, subject to the obtaining of a permit if it proves necessary to build a pipeline tr ansport system.  Authorization depends on the 
conclusion of a transport agreement between the Stat e and the contractor which must be approved by 
Council of Ministers decree.  With respect to the authorization and facilitation of hydrocarbon 
transport by transnational pipeline, the Code pr ovides that, where necessary, all the advantages 
resulting from a ratified convention binding Niger to the third countries concerned are to be extended 
without discrimination to the holders of exploita tion permits, exclusive exploitation licences or 
internal transport permits. 
137. The first prospection and exploitation PSC under the new Code was signed on June 2008, 
with China National Oil and Gas Development and Exploration Corporation (CNODC), a subsidiary 
of the group China National Petroleum Company (CNPC).
197  This agreement - with a signature bonus 
                                                      
190 The petroleum contract - approved by Council of Ministers decree and signed on behalf of the State 
by the Minister responsible for hydrocarbons - is a mandatory preliminary to the granting of an exploration or 
exploitation permit or an exclusive exploration or ex ploitation licence.  Article 101 of Law No. 2007-01. 
191 The choice of the type of agreement results from the negotiations between the State and the investor. 
192 The State contracts for the services of a contract or with a view to the carrying out of exploration 
and, if a commercial deposit is discover ed, exploitation activities, on its behalf  and on an exclusive basis, within 
the contract territory.  The contractor provides for the financing of these petroleum operations.  Article 107, Law 
No. 2007-01. 
193 The ad valorem  royalty rate for crude petroleum is negotiated;  it ranges between 12.5 and 15 per 
cent (as compared with 12.5 per cent under the former Code);  for natural gas the range is 2.5 to 5 per cent. 
194 This is the "tax oil", which depends on the profitability ratio but whose rate varies between 40 and 
60 per cent with a minimum pre-tax result of 30 per cent of crude petroleum sales, net of royalty.  Generally, the tax oil goes directly to the Treasury.  Conseil des ministres, 2008.  View ed at:  http://www.presidence.ne/cm/ 
conseil_020608.htm.  The unit selling price of crude petroleum used for calculating the cost oil, the profit oil 
and the ad valorem  royalty under a PSC and for calcula ting the direct profits tax and the ad valorem  royalty 
under a CC is the market price, defined as the selling price at the point of delivery. 
195 This signature bonus corresponds to the sale of the data derived from the prospecting operations 
conducted by the State. 
196 Decree No. 2007-082/PRN/MME implementing the Petroleum Code, dated 28 March 2007, Title V. 
197 Office of the President of Niger online information,  Conseil des ministres, June 2008.  Viewed at:  
http://www.presidence.ne/cm/ conseil_020608.htm. WT/TPR/S/223/NIG Trade Policy Review 
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  of US$300 million198 - relates to the Agadem block, whose reserves are estimated at 324 million 
barrels.  The PSC creates a joint-venture in wh ich Niger has a 40 per cent and the CNODC a 60 per 
cent stake and provides for:  the construction of a refinery at Zinder - which began in May 2009 and should be completed in three years - with a planne d daily capacity of 20,000 barrels; the drilling of 
18 new wells in the next eight years; and the construction of a 2,000 km. oil pipeline.
199  In this 
agreement, the State undertook to:  extend by two y ears the enjoyment of regime C of the Investment 
Code by the companies that will operate the refinery  and the pipeline; make available free of charge 
the land necessary for the purpose;  and purchase from the refinery the petroleum products intended 
for domestic consumption at a reasonable price.  The State participation in each oil exploration 
company is to be 20 per cent pre-financed, with 10 per cent being advanced by the investor and 10 per 
cent paid in cash.  However, the CNODC has agreed to raise its c ontribution to 15 per cent so that 
only 5 per cent will be paid in cash.200  As distinct from the mining sector, there is no free 
participation. 
138. Niger applies the WAEMU Directive which, in April 2007, extended to 31 December 2008 
the five-year grace period that member States we re allowed under Articles 12 and 13 of Directive 
No. 06/2001/CM/UEMOA of 26 November 2001 harm onizing the taxation of petroleum products 
within WAEMU.201 
139. Gas may be freely imported, stored, distributed and transported.  The Société nigérienne des 
hydrocarbures  - SONIHY and the Niger gas companies NIGERGAZ and SONIGAZ are the 
three distributors that import, bottle and distribute bu tane gas.  In this subsector, where natural gas 
marketing is concerned, the State and the PSC or CC contractor consult in order to set the market 
price for each quarter and for each exclusive expl oitation licence or exploitation permit.  The price 
thus regulated is subsidized202, which is not the case with other forms of gas. 
140. Since 2006 Niger has participated in the Tran s-Saharan Gas Pipeline (TSGP) project which, 
by 2015, should make it possible to transport 20 to 30 billion m³ of natural gas from Nigeria to Europe 
via Niger and Algeria.203 
(ii) Mining products 
141. In 2006, Niger was exploiting mainly uranium, gold, cassiterite, gypsum, coal, and limestone.  
Exploration has confirmed the existence of ni ckel, copper and phosphate deposits and extensive 
deposits of salt.  The mining subsector forms part of the clusters identified by Niger's Accelerated 
Growth Strategy (AGS).  The objective set by the G overnment is an annual grow th rate of 8.9 per cent 
                                                      
198 Reuters UK , "Niger groups condemn $5 billion oil deal with China", 29 July 2008.  Viewed at:  
http://uk.reuters.com/article/oilRp t/idUKL943557920080729?sp=trueNIAMEY. 
199 These costs can be broken down as follows:  US$600 million for the construction of the refinery and 
US$300 to 400 million for the construction of the pipeline supplying the refinery.  Office of the President of Niger online information, Conseil des ministres, J une 2008.  Viewed at:  http://www.presidence.ne/cm/ 
conseil_020608.htm. 
200 Thus, out of the first 100 million dollars invested, Niger paid a first share amounting to 
US$40 million, while China's share was US$60 million. 
201 Directive No. 01/2007/CM/UEMOA of 6 April 2007 amending Directive 
No. 06/2001/CM/UEMOA on the harmonization of the taxation of petroleum products within WAEMU. 
202 The justification for the subsidy is the implementation of an anti-deforestation policy initiated in 
1987, since when it has been intermittently applied. 
203 Details viewed at:  http://www.tsgpi peline.com/pages/suite.php?id_news=2. Niger WT/TPR/S/223/NIG 
 Page 103 
 
 
  for the modern mining sector.204  The investment in exploration should exceed US$13 billion in 
2010.205 
142. In 2003206, to exploit Niger's geological advantages,  the State launched the Programme for the 
Strengthening and Diversificati on of the Mining Sector (PRDSM)207, which involves in particular:  an 
airborne geophysical survey;  prospecting for mine ral deposits;  and a reduction in the external costs 
of the uranium subsector achieved by reforming th e health cover through the restructuring of the 
mining medical system.  Niger's Mining Code was revised in August 2006.208  The revised Code 
establishes areas which are protected or in which mi neral prospecting, expl oration and exploitation 
are prohibited.209  On 27 August 2007, Niger became a candidate for the Extractive Industries 
Transparency Initiative (EITI) for ensuring transp arency in the manageme nt of the sector's 
earnings.210 
143. The Centre de recherche géologique et minière  - CRGM211 (Geological and Mining Research 
Centre) was established in 2004 in connection w ith the implementation of the Programme to 
Strengthen and Diversify the Mining Sector in Niger (PRDSM), and the Société du patrimoine des 
mines du Niger  (SOPAMIN) was established in 2007 to mana ge the 30 per cent stake held by the 
State in various mining companies.212  Mining and the associated tax system are governed by various 
texts213, which affirm the national nature of mine ral resources.  The new Code provides for 
five standard titles:  a prospecting licence;  an e xploration permit;  small and large scale exploitation 
permits valid for five and ten years, respectively,  and both renewable for further five-year periods 
until the deposits have been exhausted;  and an artisanal exploitation licence.  The exploration and 
exploitation permits are accompanied by an agreem ent signed by the Minister for mines, after 
approval by Council of Ministers decree;  it specifies  the contractual nature of the relations between 
the State and the investor.214  Signed for a term of not more than 20 years, it covers the exploration 
period and the first period of validity of the explo itation permit, after which it is renegotiated upon 
each renewal of the latter.  The State participation in the exploitation company's capital has been fixed 
at a maximum of 40 per cent - including 10 per cent of free participation.215 
144. Since Niger's mining sector is characterized by ex tensive artisanal exploitation, the authorized 
areas are now fixed by regulation and the sites have  been parcelled up and granted to cooperatives of 
                                                      
204 Government of Niger (2007b). 
205 In the regions of Agadez, Tillaberi and Maradi.  Ministry of Mines and Energy. 
206 Order No. 107/MME/DRGM of 15 December 2003. 
207 In this connection, the Ayorou-Mali border highway, a section of the Ayorou-Gao regional highway 
linking Niger and Mali, was inaugurated in January 2009.  This 37.5 km-long stretch, financed by a European Commission grant, cost CFAF 10 billion.  Delegation of the European Commission in the Republic of Niger 
online information.  Viewed at:  http://w ww.delner.ec.europa.eu/whatsnew/index.htm. 
208 Law No. 2006-26 of 9 August 2006 amending Ordinance No. 93-16 of 2 March 1993 on the Mining 
Law, supplemented by Ordinance No. 99-48 of 5 November 1999. 
209 Article 63 of Law No. 2006-26 of 9 August 2006 repealing the Mining Law. 
210 Niger must undertake validation by 9 March 2010.  Extractive In dustries Transparency Initiative 
online information.  Viewed at:  http://eitransparency.org/fr/itie. 
211 Whose principal mission is to research and promote mineral and fossil substances, other than 
hydrocarbons.  Ministry of Mines and Energy (2006). 
212 Ministry of Mines and Energy (2008). 
213 Ordinance No. 93 - 16 of 2 March 1993 on the Mining Code, supplemented by Ordinance No. 99-48 
of 5 November 1999 and Law No. 2006-26 of 9 August 2006. 
214 Ministry of Mines and Energy (2008). 
215 New Article 8 of Law No. 2006-26 of 9 August 2006.  Some companies are still governed by the 
provisions of the former code, which fixed State participation at 30 per cent. WT/TPR/S/223/NIG Trade Policy Review 
Page 104 
 
 
  artisanal miners who can obtain an individual card valid for one year authorizing them to carry on 
their activities for their own account or that of a cooperative. 
145. Under the Code any application for a title i nvolves the payment of fees established by the 
Finance Law and the payment of an annual area r oyalty, which varies with the phase (prospection, 
exploration, exploitation, or artisanal exploitation) and the period of validity.216  In some cases 85 per 
cent of the mining and petroleum revenue from various fees and taxes (mining and area royalties, fixed fees, sale of artisanal mining cards, etc.) is a llocated to the national bu dget, while the remaining 
15 per cent is reserved for the communes of the re gion concerned to finance local development.
217 
146. During the exploration phase various tax exemptions are also available in relation to:  VAT; 
profits tax;  minimum flat-rate tax or its equiva lent;  apprenticeship tax;  business licence fee;  
property tax;  the registration f ees charged on contributions made  when company capital is first 
subscribed or increased.  During the exploitation phase, for three years from the date of first 
production, the contractor is exempt from: VAT;  business licence fee;  profits tax;  apprenticeship tax;  minimum flat-rate tax or its equivalent;  a nd levies and taxes on interest and other proceeds of 
sums borrowed to purchase or operate equipment.  The contractor may also set aside a provision, free 
of profits tax, for the diversification of resources and take advantage of an accelerated depreciation 
system.
218  There are exemptions for th e importation of petroleum products - with the exception of the 
statistical charge - used for producing energy or for extracting, transporting or processing ore.219  
Moreover, the State intends to abolish the monopoly of the Société nationale des transports 
nigériens  (SNTN) on mining freight (Section 5 (ii)(b)).220 
147. The recent rising trend in the price of uranium, the main source of foreign currency, led to a 
substantial increase in uranium exports  between 2004 and 2007 (Table AI (2)).221  In 2006, Niger rose 
from sixth to fourth place in the table of worl d producers thanks to an 11 per cent increase in 
production.222  SOPAMIN manages the State holdings in the mining companies.223  Thus, where 
uranium is concerned, the State holds 31 per cent of Compagnie minière d'Akouta (COMINAK) and 36.6 per cent of Société des Mines de l'Aïr (SOMAÏR).
224  The State intends to develop local 
processing of the product to improve the value added of the "uranium cluster".225  Two new 
companies in which the State holds shares have been established, namely: the companies Azelik 
(33 per cent) and Imouraren S.A. (33.5 per cent).  Moreover, in view of the recent recovery in 
uranium prices, which collapsed in the 1980s, and the steadily increasing demand the Government has 
decided to diversify its partners in the subsector.  The Council of Ministers has adopted a draft decree 
approving the mining agreement for the exploitation of the Imouraren uranium deposits by Areva NC, 
which will bring the total financing needed for in vestment to over €1.2 billion.  The State will 
                                                      
216 With regard to the area royalty relating to the prospecting licence, there are only two periods of 
validity, namely, at the time of granting and renewal.  For the other titles, the periods are divided up as follows:  
first period of validity;  first renewal;  second renewa l;  third renewal (solely for the small-scale exploitation 
permit);  and other renewals.  Article 83 of Law No. 2006-26 of 9 August 2006 amending Ordinance No. 93-16 
of 2 March 1993 on the Mining Law, as supplemented by Ordinance No. 99-48 of 5 November 1999. 
217 Articles 146 and 95 of the Petroleum and Mining Codes, respectively. 
218 Ministry of Mines and Energy (2008). 
219 Order No. 107/MME/DRGM of 15 December 2003 establishing the Programme for Strengthening 
and Diversifying the Mining Sector in Niger (PRDSM). 
220 Ministry of Transport (undated). 
221 BCEAO data for 2008 contained in the IMF report.  IMF (2009b). 
222 Information provided by the Ministry of Mines and Energy. 
223 US Geological Survey (2008). 
224 PRDSM online information.  Viewed at:  http://www.prdsm.ne/prdsm/index.htm. 
225 Government of Niger (2007b). Niger WT/TPR/S/223/NIG 
 Page 105 
 
 
  hold 33.35 per cent of the equity, including the 10 per cent free participation and 23.35 per cent to be 
subscribed in cash or in kind through SOPAMIN, wh ich will take up and market 33.35 per cent of the 
uranium produced.  This mine, the largest in Africa and the second largest in the world with 
200,000 tonnes of uranium exploitable over 40 years, should come into production in 2011.226 
148. Since the mining reforms of 2006, the State has granted numerous exploration permits.  Thus, 
between 2006 and 2008 it granted 126 permits for ur anium - to 32 mostly foreign companies - and 
125 permits for gold, special metals and stones and base metals.227 
149. Société nigérienne du charbon  (SONICHAR), which is 69.32 per cent state-owned228 operates 
the Annou Araren mine229 for the purpose of producing carbonized coal and generating electricity for 
SOMAÏR and COMINAK.230  The Government also intends to exploit the Salka Damna deposit and 
build a mine/thermal power station/carbonization plant complex.  Niger's coal reserves are estimated at 30 million tonnes.
231  Limestone is exploited by Société nigérienne de cimenterie  (SNC)232, which 
has been privatized since 2000.  Finally, gold has traditionally been mined on a small scale, providing 
a livelihood for about 50,000 people.233  At the end of 2004, Société des mines du Liptako (SML) - 
20 per cent State-owned through ONAREM234 - began commercially exploiting the Samira gold 
mine.235  The sector's contribution to the economy is st ill modest, of the order of 0.6 per cent of GDP 
over the period 2005-2009236, with 7,562 kg. of gold produced and exported between 2004 and 
2005.237 
150. The Council of Ministers has adopted a draft decree238 establishing the modalities for the 
implementation of Law No. 2008-30 of 3 July 2 008 granting concessions for investment.  These 
provisions relate to large mining projects and the extension, diversificati on or modernization of 
existing mining operations involving the investment of  at least CFAF 300 billion, net of tax, and the 
creation of at least 800 permanent jobs for Niger nationals.239 
151. In the mining sector, in 2009 the simple average im port duty is 5 per cent, with rates varying 
from 0 to 10 per cent (joint report, Table AIII.2). 
                                                      
226 Office of the President of the Republic of Niger.  Viewed at: http://www.presidence.ne/ 
article.php?id_article=352. 
227 Moreover, 30 applications for uranium exploration permits from ten foreign companies were 
processed and submitted to the Ministry  of Mines and Energy for signature (figures as  of 3 December 2008).  
Mining Directorate, Ministry of Mines and Energy. 
228 PRDSM online information.  Viewed at:  http://www.prdsm.ne/prdsm/ index.htm. 
229 Ministry of Mines and Energy (2008). 
230 Ministry of Mines and Energy (2006). 
231 Ministry of Mines and Energy (2008). 
232 Ministry of Mines and Energy (2008). 
233 The Economist Intelligence Unit online information, "Country Profile 2008".  Viewed at:  
www.eiu.com. 
234 Ministry of Mines and Energy (2008). 
235 Extractive Industries Transparency Initia tive online information.  Viewed at:  
http://eitransparency.org/fr/node/524. 
236 ADB/OECD (2005). 
237 Ministry of Mines and Energy (2008). 
238 The draft establishes:  the pro cedure for applying for approval;  the conditions for the granting of 
approval;  the fiscal and customs provisions governing the beneficiaries;  and the sanctions applicable. 
239 Ministry of Mines and Energy (2008). WT/TPR/S/223/NIG Trade Policy Review 
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  (iii) Electricity 
152. National electricity production is of thermal origin, except for some rural solar energy 
installations.  In 2005, 78 per cent of total el ectricity production was from coal supplied by Société 
nigérienne du charbon  (Sonichar), the rest coming from Société nigérienne d'électricité  (Nigelec).  
Almost 95 per cent of Nigelec's capital is held by th e State and the rest by Niger corporations and a 
foreign institution.  Nigelec held a monopoly on the generation, transport and distribution of electrical 
energy until 2003.  Under the terms of the ne w Electricity Code adopted in January 2004240,  
independent producers may set up on the national territo ry and generate power, but they are generally 
required to sell their surpluses to Nigelec, which is  responsible for transporting and distributing it.  
Electricity tariffs are fixed by decree.241 
153. Sonichar, which is treated as an independent prod ucer, generates electricity in the north of the 
country and sells it directly to the mining companies;   it also sells some to Nigelec, which distributes 
it in the cities of Agadez, Arlit, Akokan and Tchirozér ine.  In the rest of the territory, power is 
generated and distributed exclusively by Nigelec.242 
154. The 2009 rate of customs duty on electricity im ports is 5 per cent (joint report, Table AIII.2). 
155. Nigelec has still to be privatized243;  the company is currently in process of being 
restructured.244  The Council of Ministers envisages the in stallation of CFAF 20 billion of additional 
capacity;  a capital equipment subsidy granted annua lly to renew Nigelec's worn out and unsuitable 
plant;  the adoption, under the enabling law, of an  ordinance on the non-collection of certain levies 
and taxes on fuel for Nigelec's use, throughout the exceptional period still in force in 2009;  and 
exemption from duties and taxes on electrical plant.   For the long term, the Council has decided to 
speed up the effective implementation of the pow er-generating component of the Kandadji dam 
project in order further to secure the country's supply of electrical energy245;  and to promote 
renewable energy.246 
156. At national level, access to electricity climbed from 6.7 per cent to 9.3 per cent between 1998 
and 2006.  The Accelerated Development and Poverty Reduction Strategy for 2008-2012247 aims to 
raise the household access rate to 3 per cent in rural areas and 65 per cent in urban areas.  Electricity 
                                                      
240 The Electricity Code governs the generation, transport, distribution, and importation and exportation 
of electrical energy in Niger.  Law 2003-004 on the Electricity Code, adopted on 31 January 2004, and its 
Decree No.2004-266/PRN/MME of 14 September 2004. 
241 Decree No. 2001-116 revising the electricity tariffs applicable to hydro-agricultural developments 
was signed on 16 June 2001. 
242 World Investment News , "Interview with Mr. Foukori Ibrahim", 22 September 2007.  Viewed at:  
http://www.winne.com/dninter view.php?intervid=2068. 
243 Law No. 2003-004 of 31 January 2003 on the Electricity Code and Decree No. 2004-266/ PRN/ 
MME of 14 September 2004 establishing the procedures for implementing the Law marked the opening up of 
the subsector to private ente rprise.  The process of privatizing Nigelec is not yet complete.  Government of 
Niger (2006). 
244 World Bank (2007). 
245 In 2007, the IDB granted a loan of US$236 million for the construction of the dam which should 
make it possible to store nearly 1.6 billion m³ of water and increase the potential for agriculture and energy, 
thanks to the installation of a hydroelectric power station. 
246 Office of the President of Niger, " Communiqué du gouvernement, Conseil des ministres du 
3 juillet 2008 ".  Viewed at:  http://www.presidence.ne/cm/conseil_030708.htm. 
247 Decree No. 2007-461/PRN/PM of 10 October 2007 adopting the Accelerated Development and 
Poverty Reduction Strategy Paper for the period 2008-2012. Niger WT/TPR/S/223/NIG 
 Page 107 
 
 
  and petroleum are very little used (0.1 and 0.9 pe r cent, respectively) by households, 96.4 per cent of 
which use biomass as the main fuel for cooking.  In 2004, a national campaign was launched to 
generalize the use of coal (instead of wood) a nd strengthen domestic pow er generating capacity.248  
To this end, the companies Société nigérienne de car bonisation du charbon minéral  (SNCC) and 
Société nigérienne du charbon de l'Azawak  (SNCA) were established in 2005 and 2006, respectively;  
in 2009, only SNCC is producing electricity, SNCA being still in the exploration phase.249 
157. As the domestic production of Sonichar and Ni gelec is not sufficient to cover domestic 
demand, 60 per cent of the electricity distributed by Nigelec comes from Nigeria.250  In fact, seven out 
of Niger's eight regions are supplied with electricity imported from Nigeria.  The eighth, the northern 
region (Agadez), is supplied with power generated by Sonichar.  This strategy makes it possible to 
benefit from the comparative advantages of neighb ouring States to ensure the company's long-term 
financial equilibrium and a stable tariff for users. 
158. In 2005, more than 41 per cent of manufactur ing company managers viewed the supply of 
electricity as Niger's main infrastructure problem.  In 2004, almost daily power cuts caused a loss 
equivalent, on average, to 5.6 per cen t of annual manufacturing company turnover251, which is 
comparable to the loss generally observed in sub-Saharan Africa.252 
(iv) Water 
159. The urban water supply subsector has been rest ructured, but the State remains the owner of 
the water resources through the Société de patrimoine des eaux du Niger  (SPEN), established in 2001 
and responsible for managing State water engineeri ng assets in urban and semi-urban areas.  In 2001, 
the water company Société nigérienne des eaux  (SNE) was privatized.  Renamed Société 
d'exploitation des eaux du Niger  (SEEN), the new limited company, which is 51 per cent owned by 
the French group Vivendi, is responsible for the pr oduction, transport and distribution of drinking 
water.253  SPEN is bound to the State by a concession contract, for a renewable term of 10 years, and 
there is a leasing contract (contrat d'a ffermage) binding the State, SPEN and SEEN.254 
160. There have been increases in the price of water since the privatization of SNE, which does not 
appear to have brought about a real improvement in the quality of the service, despite investment 
designed to improve access to wate r in Niamey, Tillabéri and Zinder.255  The coverage of water 
requirements within the area leased to SEEN - cons isting of 52 centres - is supposed to increase from 
85 per cent in 2005 to 100 per cent in 2015.  Cert ain village drinking water mini-supply systems 
(AEP)256 are to pass into SPEN ownership.257  SEEN distributes water throughout Niger.  The single 
national sales tariff is fixed by government decree on the basis of four social rates and three rates for 
                                                      
248 Government of Niger (2007b). 
249 Government of Niger (2006). 
250 Government of Niger (2006). 
251 Niger, Étude diagnostique sur l'intégration commerciale, Termes de références , 7 November 2006. 
252 World Bank (2007). 
253 SEEN has the exclusive right to lay water pipes on public land.  Ministry of Water Services, 
Environment and Desertification Control, "Regulations of the drinking water distribution service in Niger", 
published in the Official Journal of 3 March 2006. 
254 Société de patrimoine des eaux du Niger online information.  Viewed at: http://www.spen.ne/ 
ex4organisations.html. 
255 The Economist Intelligence Unit online information, "Country Profile 2008".  Viewed at:  
www.eiu.com. 
256 The water supply area is the geographical  area defined in the leasing contract. 
257 Government of Niger (2007b). WT/TPR/S/223/NIG Trade Policy Review 
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  administration, industry and drinking fountains.  There are 70,000 customers of the distribution 
service, either individuals or wa ter kiosks managed by "fontainiers", authorized to resell to users.258 
161. In 2006, the Commission nationale de l'eau et de l'assainissement  - CNEA (National Water 
and Sanitation Commission) was established to help define the objectives of national policy, and a 
policy on the management of the water supply infr astructure involving village committees and private 
operators was adopted.259  A Water Charter and a reform of the administration of water should make it 
possible to adapt the subsector to the le gal framework and improve its institutions. 
162. Niger's SDRP aims to increase the percentage of the population with access to drinking water 
to 80 per cent by 2012 and 85 per cent by 2015.260 
(4) MANUFACTURING SECTOR  
163. Concentrated in eastern Niger, the manufacturing sector is still very modest (Table I.1), being 
mainly dominated by the production of soap and de tergents, bottling, oilseed processing, rice hulling, 
cotton ginning and cattle products.261  Niger has only a small formal private sector which, at the 
beginning of 2006, comprised about 600 enterprises, mo stly in finance, transport and commerce.  At 
that time, this sector - including mining - employed about 8,000 people, the equi valent of one third of 
public sector employment.  On 31 December 2008, there were 113 industrial enterprises, of which 
77 were located in the Niamey region.262 
164. In Niger, the informal manufacturing enterpri ses are engaged in traditional activities such as 
wooden furniture-making, leather working (sandals, shoes and belts), clothing and related trades, and 
artisanal activities in general, together with the preparation of dried meat.  The place of manufacture 
is also systematically the point of sale for sma ll enterprises and artisans active in the same sector.263  
Artisanal activities are an essential component of Niger's private sector.264 
165. Labour productivity in Niger's manufacturing sector is low, as compared with other African 
countries, which implies that unit labour costs in Ni ger (i.e. wage costs adjusted for productivity) are 
relatively high, making manufacturing generally uncompetitive.265  The Government has set its target 
for manufacturing sector growth at 6.9 per cent.  An agreement in principle was reached with 
SONIDEP to see how the supply of the industrial sect or could benefit from a tariff reduction.  This 
reduction, which was applied for a certain time, is currently no longer in force.  The WAEMU 
Regional Chamber of Commerce has also made a study of factor cost control in all the countries of 
the Union. 
166. The industrial fabric remains relatively embr yonic, despite the measures taken by the 
Government to encourage enterprise creation and development.266  In order to make up for the 
                                                      
258 Regulations of the drinking water distribution service in Niger, Article 73.2. 
259 Government of Niger (2007b). 
260 Government of Niger (2007b). 
261 Ministry of Transport (undated). 
262 Information provided by the Industrial Development Directorate. 
263 World Bank (2007). 
264 Les potentialités économiques du Niger , Statement by the Prime Minist er of Niger at the Conference 
on Business Opportunities in Niger, Paris 19-26 June 2006.  Viewed at:  http://www.lamaisondelafrique. 
com/images/niger.pdf. 
265 World Bank (2007). 
266 Artisanal activities would appear to contribute ab out 20 per cent of GDP and employ nearly 800,000 
people (2005 figures).  Les potentialités économiques du Niger , Statement by the Prime Minister of Niger at the Niger WT/TPR/S/223/NIG 
 Page 109 
 
 
  shortcomings of a poorly resourced private sector  and promote better synergy between the private 
sector and the State, the Conseil national des investisseurs privés  - CNIP (National Council of Private 
Investors) was established in 2004.  The implementa tion of a national policy for the promotion of the 
private sector has made possible the creation and/or strengthening of several support structures, 
notably, the Chamber of Commerce;  the Centre de promotion des investissements  - CPI (Centre for 
the Promotion of Investment);  the Agence nigérienne de promotion des exportations  - ANIPEX 
(Niger Export Promotion Agency);  the Centre national de perfectionnement et de gestion - CNPG 
(National Centre for Traini ng and Management);  and Entreprendre au Niger  - EAN 
(Entrepreneurship in Niger).  The other measures take n to facilitate enterprise creation are:  the single 
window for the completion of formalities by enterpri ses; the establishment, pending the creation of a 
bank refinancing fund, of Synergi, a venture capital company that brings together French enterprises, 
such as Veolia, and Niger investors;  an SME Charter monitoring system267;  an SME/SMI promotion 
fund (with refinancing, guarantee, venture capital,  etc. components);  and an Export Finance Fund 
(FADEX), not yet operational.268 
167. According to the competitive industrial perfo rmance (CIP) index of the United Nations 
Industrial Development Organization (UNIDO)269, in 2005 Niger ranked 94th out of 122 countries, 
with a CIP of 0.168, as compared with a CIP of 0.170 in 2000, when it was in 87th place.  The 
contribution of manufacturing value added (MVA) to  GDP fell slightly, from 6.8 per cent in 2000 to 
6.7 per cent in 2005.  On the other hand, the cont ribution of exports of manufactured goods to total 
exports increased (Chapter I(3)). 
168. In 2009, tariff protection in the manufacturing sector is, on average, 12.2 per cent, slightly 
higher than the global average of 12.1 per cent.  Th e most protected industries include the beverages, 
clothing, building materials and certain agri-foodstuff industries (joint report, Chart III.1 and Table AIII.2).  However, the mixed tariff escalation in industries such as chemicals and articles of 
metal, machinery and equipment is  hardly likely to reduce the prod uction costs of these industries or 
encourage their fall, particularly the costs of semi -finished products.  Moreover, the sharp (positive) 
tariff escalation in the other industries (joint report, Chart III.2), in view of the high level of effective 
protection to which it leads, will not make it any easi er to achieve the international competitiveness of 
the finished products concerned. 
169. The Community Preferential Tax (TPC) has benef ited Niger's exports of dairy products to the 
countries of the subregion (particularly Burkina F aso, Mali and Benin) and of PVC pipes, which are 
produced by a unit established on the domestic market but with almost all its turnover attributable to 
exports (particularly to Burkina Faso).  Sin ce 1999 the textiles industry has been hit by Asian 
competition, but Niger has withstood this competition relatively well compared with the rest of the subregion and succeeded in creating an export market for its textile production unit.  This resilience is 
due to the support of the Ministry of Finance and the customs services in combating fraud when 
textiles are imported and verifying declared values, as well as to the advantages accorded to the textile 
companies at national level by the Investment Code.  Almost all tanned hides are exported to Italy.  
Two cyclical activities have emerged: the export ation of foam mattresses to Burkina Faso for 
finishing; and printing work, also for Burkina Faso.  As of 5 December 2008, 20 enterprises 
                                                                                                                                                                    
 
Conference on Business O pportunities in Niger, Paris 19-26 J une 2006.  Viewed at: http://www. 
lamaisondelafrique.com/images/niger.pdf. 
267 An SME observatory is planned. 
268 Government of Niger (2007b). 
269 This index takes into account such factors as industrial capacity, manufactured exports capacity, 
industrialization intensity and export quality. WT/TPR/S/223/NIG Trade Policy Review 
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  manufacturing 73 products had been approved for the WAEMU TPC.  PVC pipes and foam 
mattresses are among the products approved. 
170. The poor performance is due to several factors:  owing to unfavourable weather conditions it 
has not been possible to obtain sufficient local raw materials to process into finished products and 
companies have had to resort to more expensiv e imports; the high cost of the energy factor 
(aggravated by soaring oil prices); and the povert y of the population, which denies it access to 
manufactured products.  For these reasons Niger's en terprises are operating at below their installed 
capacity, which makes it difficult to achieve economies of scale. 
171. The WAEMU Restructuring and Upgrading Progr amme (PRMN) was officially launched in 
Niger at Niamey on 11 July 2007 (joint report, Chapter I(3)).270  T h e  Comité de pilotage national  
(National Steering Committee) was set up on 27 June 2007;  the Bureau de restructuration et de mise 
à niveau  (Restructuring and Upgrade Office) was estab lished on 17 March 2008 and its management 
has been recruited.  The industrial restructuri ng and upgrading process commenced in April 2008.  
Within this context, the Office carried out pre-di agnostic studies of 12 agro-industrial enterprises in 
the course of November 2008 and validated the pre- diagnostic dossiers of ten enterprises which will 
benefit from a strategic diagnosis and the preparation of a restructuring or upgrading plan.  On 
5 January 2009, the study of the formulation of the national restructuring and upgrading programme 
was initiated and the study of the design and establis hment of restructuring and upgrading funds was 
launched on 15 May 2009. 
(5) SERVICES  
172.  The services sector, which accounts for the larg est share of GDP, consists essentially of 
informal structures and is characterised by an industry concentration in trade. 
173. The specific commitments made by Niger unde r the GATS include:  hotel and restaurant 
services, travel agencies, tour operator services, tourist guide services and certain transport services. 
(ii) Telecommunications and postal services 
174. In 1997 the Government wound up the Office des postes et télécommunications  - OPT (Post 
and Telecommunications Board);  the Société internationales du Niger des télécommunications  (Niger 
International Telecommunications Company) received a contribution in kind from the State in the 
form of all the reserve assets of the OPT telecommunications branch and became the Société 
Nigérienne des télécommunications  - SONITEL (Niger Telecommunications Company), a public 
enterprise.  Under the framewo rk established to open up the telecommunications sector in 1999271, the 
Autorité de régulation multisectorielle  - ARM (Multisectoral Regulatory Authority)272, the 
independent regulator for the water, energy, tr ansport and telecommunica tions subsectors, is 
responsible for management, supe rvision of compliance with rules for the interconnection of 
networks, and rules on infrastructure-sharing, an d the management and implementation of universal 
access.273  The long-run average incremental cost meth od (LRAIC) is employed to determine the call 
termination rate on the various ne tworks (both fixed and mobile)274;  the ARM also acts as the 
                                                      
270 In 2007, national consultants (44) received tr aining in the UNIDO restructuring and upgrading 
methodology at Niamey. 
271 Ordinance No. 99-045 of 26 October 1999. 
272 Ordinance No. 99-044 of 26 October 1999.  Viewed at:  http://www.arm-niger.org/. 
273 Government of Niger (2007). 
274 Decree 2000-399/PRN/MC of 20 October 2000. Niger WT/TPR/S/223/NIG 
 Page 111 
 
 
  mediator in disputes between network operators.  Operators are subject to fees to fund universal 
access and the ARM provides for the collection of those fees.275 
175. SONITEL is currently the sole provider of fixed services (calls, high-speed internet) in Niger, 
under its own brand.  A 51 per cent share in SONI TEL was sold in November 2001 to Dataport, the 
selected strategic partner276, but was recovered in February 20 09 following a dispute over Dataport 
meeting the target of 45,000 fixed-line subscriber s laid down in the terms and conditions of its 
contract.277  It would appear that total number of fixed lines, which was calculated at 23,000 in 2001, 
had reached only 35,000 in 2006, and that SO NITEL's turnover had fallen by 13 per cent 
(Table IV.4).  As a result Intern et access, which still requires fixed lines or a satellite link, is poor and 
mainly available only in cybercafés in urban areas.   The authorities note that the search for a new 
strategic partner for SONITEL could begin in the near fu ture in the form of a invitation to tender.  In 
principle, SONITEL's monopoly of fixed services ended de jure  on 31 December 2004 but still 
obtains in practice in the absence of a competing fixed network operator.  Nonetheless the ARM has 
made a call for registration of interests which includes a licence for fixed telecommunications, 
although the outcome is as yet unknown. 
176. SONITEL's charges to private customers and GSM operators for call termination remain 
subject to regulatory checks by the ARM.  Operat ors without a dominant position are merely required 
to inform the ARM of their charges.  Furthe rmore, operators providing value-added services on 
networks are not subject to a licensing requirement  but the system governing them does require them 
to make declarations to the ARM;  they are not subject to regulatory price checks. 
Table IV.4 
Telecommunications service indicators, 2003-06 
 2003 2004 2005 2006 
Sonitel, fixed line subscribers 23,058 24,145 23,954 35,000 
Turnover, SONITEL (in CFAF  billions) 15.1 15.4 14.8 13.0 
Mobile lines 59,307 148,276 299,899 532,757 
Turnover, mobile services (in CFAF billions) 9.3 15.1 24.3 35.8 
Source : Niger authorities. 
177. Niger has seen sustained, rapid developmen t in mobile telephony services which pushed 
mobile teledensity up to 19.5 per cent of the population in 2008.278  As a result, there were 
approximately 2 million mobile lin es in 2008 (almost all on prepayment  schemes).  Mobile telephony 
services were provided only as of 1998 by SahelCom  (a wholly-owned subsidiary of SONITEL).  
Competition in mobile telephone services was laun ched in 2000 with the granting of two GSM 
licences to two operators:  Télécel-Niger and Celtel- Niger.  Celtel-Niger alone accounted for 75 per 
cent of the market at end 2006.  All in all the turnover for mobile services stood at CFAF 35.8 billion in 2009, almost three times the figure for fixed ser vices.  A fourth GSM mobile network operator, 
                                                     
 
275 Article 56 of Ordinance No. 99-045 of 26 October 1999. 
276 The partner, Dataport, comp rising the Libyan group LAAICO  and the Chinese components 
manufacturer ZTE Corp, had purchased a 51 per cent stak e for CFAF 17.5 billion (US$ 34.5 million).  The State 
retained a 47.59 per cent stake in the capital, with 3 per cent being distributed among SONITEL staff. 
277 Online information from CIPACO, "Niger to re-privatise Sonitel and SahelCom", 13 February 2009.  
Viewed at:  http://www.cipaco.org/spip.p hp?article1982&lang=en [13 June 2009]. 
278 Online information from CIPACO, "Le taux de pé nétration du téléphone portable est passé à 
19,5 pour cent au Niger en 2008" (The rate of mobile phone penetration reached 19.5 per cent in Niger in 2008), 
9 February 2009.  Viewed at:  http://www.cipaco.org/spip.php?artic le1979&var_ recherche=Niger&imp=1 
[13 June 2009]. WT/TPR/S/223/NIG Trade Policy Review 
Page 112 
 
 
  Orange-Niger, entered the market with a "Compreh ensive" licence (fixed, mobile and wifi services) 
following an invitation to tender made in Octobe r 2007.  Orange-Niger intends to extend network 
coverage in rural areas:  the plan is to establish a network of 750 mobile stations, of which two thirds 
are to be in rural areas.  Orange-Niger falls under the most favourable regime of the Investment Code 
of the Niger, regime "C", and this will provide it  with savings opportunities on duties and taxes (but 
not on statistical fees) in respect of network mate rials, tools and equipment imported for the project 
and an exemption from profits tax for five years (Table II.3).279  The project will create 577 permanent 
jobs and 10,000 indirect jobs.  The State recei ved CFAF 13 billion for the licence in question. 
178. In June 2005, the Niger Parliament approved a plan to restructure the Office national de la 
poste et de l'épargne  - (National Post and Savings Office) which would see it split into two entities.  
"Niger-Poste" would be responsib le for managing the universal postal services over which it has a 
monopoly, and "Fina-Poste" would concern itself with  providing financial services and therefore have 
to apply to the Banking Commission for accreditation.280  Several private operators have obtained 
licences to provide express mail services (for example,  DHL), in addition to those provided by the 
Post Office. 
179. Telecommunications and postal services are not included in the specific commitments made 
by Niger under the GATS.281 
(iii) Transportation 
180. Niger is a long way from maritime ports, and th e combination of the absence of railways, the 
poor navigability of the Niger River and the inade quate airport subsector means that internal and 
external transportation is mostly (95 per cen t) dependent on the road and river network.282  
Transportation therefore plays a very important role  in the economic and social development of the 
country. 
181. The transport subsector has been particularly  affected by the various revisions of the 
Investment Code aimed at increasing its attractiven ess, including an exemption from tax on industrial 
and commercial profits (BIC). 
(a) Land transport 
182. The road network covers over 18,443 km. in bot h classified and unclassified networks.  All 
imports transhipped through coastal ports are transporte d by lorry to their final destination in Niger.  
The volume of imports carried by lorry has increase d rapidly, underpinned by strong demand for basic 
foodstuffs.  Total imports by land transport from Côte d'Ivoire, Togo, Ghana, Benin, Nigeria, 
Burkina Faso and Mali grew steadily between 2003 and 2008 from 1,061,677 tonnes in 2003 to 
1,345,897 tonnes in 2005, reaching 1,689,720 tonnes in 2008.283  By contrast, the volume of exports 
                                                      
279 Online information from CIPACO, "La société de téléphonie "Orange-Niger" bénéficie du régime C 
du code d'investissements" (Orange-Niger telephone service company falls under Investment Code regime "C"), 
26 June 2008.  Viewed at:  http://www.cipaco.org/spip.php?article1798&var_recherche=Niger&imp=1 
[13 June 2009]. 
280 Central Bank of France (2006). 
281 WTO document, GATS/SC/64. 
282 Ministry of Transport (undated). 
283 Information supplied by the Niger Council of Public Transport Users, "Cumul des importations par 
voie terrestre de 2000 à 2008 toutes voies confondues (en tonne)" (Total imports by land between 2000 and 
2008 all routes (tonnes)). Niger WT/TPR/S/223/NIG 
 Page 113 
 
 
  transported by lorry to coastal ports fell between 1997 and 2004, creating an imbalance with empty or 
half-full lorries travelling to the ports and thereby increasing transport costs.  The Transport Sector 
Plan covering the period 2005 to 2010 aims to e nd the country's internal and external isolation, 
especially as it affects rural production zones, and is  based on a sliding investment programme.  The 
road transport industry comprises ten freight fo rwarding enterprises and five passenger transport 
companies;  small carriers whose vehicles are in a very dilapidated state still play a dominant role.284 
183. The Société nationale des transports nigériens  - SNTN (National Transport Company of 
Niger) is a limited joint venture.  Its capital is w holly owned by shareholders from Niger:  the State 
has a 49 per cent holding, the SONI company - a group of Niger investors - 47 per cent, and 
SONIDEP 4 per cent.285  Its main task is to transport strategic mining products.  For several years 
SNTN has been tackling a number of issues including physical challenges with its current transport fleet;  operating difficulties linked to the burden of ma intaining vehicles and inadequate finances;  and 
failure to pay wages.  The first thing done to remedy the situation was to establish a Société nationale 
de transport des voyageurs  - SNTV (National Passenger Transport Company) and a new strategic 
mining products transportation company, the Compagnie nationale de transport de produits 
stratégiques  - CNTPS (National Strategic Products Tr ansportation Company) with SOPAMIN, 
SONIDEP and SONICHAR as shareholders.  Under the Ministry of Mines and Energy, the CNTPS 
(whose shareholders are the former private shareholde rs of the SNTN, the State and strategic partners) 
should go some way to meeting the transport n eeds of Akouta Mining Company (COMINAK) and the 
Aïr Mining Company (SOMAIR).  Ultimately, SNTN could become a management company 
incorporating the infrastructures and current assets of the SNTN - and making its earnings from the 
hire of its facilities and equipment. 
184. Prices in the land transport subsector have been lib eralized:  shippers and transporters set their 
prices freely without having to submit them for approval to the authorities, although prices must be notified to them nonetheless. 
185. Niger has made bindings, without limitations on national treatment, for consumption abroad 
of road transport services for freight at internationa l level, and for freight and passenger transport at 
national level, including river transport;  an d for a commercial presence to provide training and 
professionalization services.  Niger also made bindi ngs, without limitations on market access, for a 
commercial presence to supply road transport serv ices for freight at international level and 
consumption abroad of freight and passenger transpor t at national level, including river transport.  
Other modes of supply of transport services are generally unbound or subject to certain 
reservations.
286 
186. In Niger, national treatment applies to nationa ls of the Economic Community of West African 
States (ECOWAS) and the West African Economic and Monetary Union (WAEMU) as regards the 
                                                      
284 Integrated Framework for Trade-Related Assistan ce to Least Developed Countries (2006).  The 
average age of passenger transp ort vehicles is 15 years;  for freight transport vehicles it is 17 years.  Ministry of 
Transport and Civil Aviation (2008b). 
285 Le Sahel , "Assemblée nationale/Audition des membres du gouvernement:  interpellation du Ministre 
des transports et de l'aviation civile relativement à la  situation de la SNTN" (National Assembly/Hearing of 
members of the government:  questions for the Minister for Transport and Civil Aviation on the situation of the 
SNTN), 25 May 2009.  Viewed at:  
http://lesahel.org/index.php?option=com_content&view =article&id=1786:assemblee-nationaleaudition-des-me
mbres-du-gouvernement-interpellation-du-ministre-des-transports-et-de-laviation-civile-relativement-a-la-situati
on-de-la-sntn&catid=34:actualites&Itemid=53. 
286 WTO document GATS/SC/64 dated 15 April 1994. WT/TPR/S/223/NIG Trade Policy Review 
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  conditions to be met for the supply of transport services.  For other nationals a qualification as a 
carrier is required;  the same general conditions as govern the establishment of an undertaking apply.  
The carriage of freight by road between other count ries and Niger is governed by bilateral agreements 
(TIE - Inter-State Transport or TRIE - Inter-State Road Transport) which lay down general provisions 
for cargo allocation.  Niger has signed bilateral agreements with all ne ighbouring countries.  The 
bilateral agreements with Côte d'Ivoire, Togo, Ghana, Benin, and Nigeria provide for the following 
allocation of road cargo to transit ports:  two thirds of the tonnage for lorries registered in Niger, and 
one third of the tonnage for lorries registered in the transit country, except for strategic products287 
(minerals, hydrocarbons, and hazardous products);  the agreements also provide for the itinerary to be 
followed and the requirements to be satisfied.  In practice the allocation tends  to be two thirds for 
transit countries where freight is loaded and one third for the country of destination, because of 
difficulties with Niger carriers, either for technical reasons which make the handling of certain products problematic, or for religious reasons (s ome carriers refuse to carry alcohol).  Under a 
Ministerial order, importers have been authorized  since 2007 to include freight carried by their own 
lorries or by any Niger carrier of their choice who ow ns lorries registered in Niger in the 2/3 tonnage 
quota earmarked for lorries registered in Niger.
288  Cabotage transport is prohibited for foreign 
nationals, whoever they may be. 
187. Following the creation of the Caisse autonome de financement de l'entretien routier - CAFER 
(Independent Road Maintenance Fund), a priority ne twork was identified but only half the work has 
been carried out because full maintenance requires a budget greater than the annual allocation CAFER 
receives from the Niger Treasury.  The State has dr awn up a strategy to enable CAFER to mobilize 
the resources needed to fulfil its mandate by giving it genuine financial independence in the form of 
road-user charges.289  The aim is to provide CAFER with an annual sum of CFAF 9 billion by 2010 
(7 billion in 2009), including toll charges.290  In the event that revenue falls short of that amount the 
difference is supposed to be made up from the national budget. 
188. The limitations of the cargo allocation system set out in the bilateral agreements are evident in 
the increased cost of road tr ansport to Niger where the Syndicat des transporteurs routiers du Niger  - 
STRN (Niger Road Hauliers Union) is strong, esp ecially the Benin and Togo corridors.  The system 
acts negatively on prices in that it does not encourage competition and keeps under-performing 
carriers in business.  Moreover, road hauliers in  the subregion have agreed to establish a guideline 
charge for each type of route. 
189. The Government plans to introduce a contractua l framework for relations between charterers 
and carriers by introducing transport contracts between importers and carriers.291  In the face of 
continued informal practices which push up transpor t costs, the Government undertook to remove all 
unofficial controls on the Niger road network by 30 June 2005, beginning with the main international 
routes.292  The Government also undertook to modernize transport and traffic regulation by adopting a 
framework law and implementing regulations which pr ovide for fully opening up the transport market 
once and for all.  The framework law, which was a dopted in 2009 but has not yet been promulgated, 
                                                      
287 The SNTN previously had a monopoly over the carriage of hazardous products. 
288 Information supplied by the Ministry of Transport, Order No. 09/MT/DTT-MF of 13 February 2007 
providing for the methods of carriage of freight from Niger to transit ports. 
289 Ministry of Transport (undated). 
290 Integrated Framework for Trade-Related Assistance to Least Developed Countries (2006). 
291 Ministry of Transport (undated). 
292 Plan d'action de la stratégie nationale des transports routiers, routes et transports routiers  
(National Strategy Action Plan for Road Tr ansport, Roads and Road Transport [sic]). Niger WT/TPR/S/223/NIG 
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  places particular emphasis on the following:  doing away  with "everyone's turn" system;  carrying out 
technical checks on vehicles;  and regulating ma intenance of public passenger transport vehicles.293 
190. Under the WAEMU, access to the trade of carrier is no longer the preserve of nationals but is 
available also to Union nationals.  The WAEMU is responsible for border control posts manned by all 
relevant parties - customs, gendarmerie and po lice - are to obviate the need for intermediate 
checkpoints.  The Union has observers to monitor abno rmal practices on the major roads;  their role is 
to drive test lorries which are in full compliance with  the rules and should therefore not, in theory, be 
subject to any incidental costs.  Periodic re ports are drawn up at WAEMU level highlighting any 
anomalies noted and the reports are distributed to the national authorities.  The system should be 
operational in Niger in 2009 for the Cotonou-Niamey route. 
191. To preserve the road infrastructure, harmoniza tion of subregional regulations on axle-loads 
was introduced at the WAEMU under Regulation No. 14 2005/CM/UEMOA, and was followed by the adoption of an implementing decree in Niger.
294  The Regulation establishes the maximum 
authorized laden weight (PTAC) of vehicles and the maximum authorized towed weight for 
combinations of vehicles (PTRA), according to ax le number and distribution.  The regulation is 
thought to be enforced rigorously in Niger.  A deadline of 30 June 2010 has been set by the WAEMU 
for the implementation of the regulation by countr ies which do not have an axle weigher system. 
192. Niger uses several corridors for its international trade:  Benin, Côte d'Ivoire, Togo, Ghana, 
and Nigeria.295  The most used are the Beninese, followed by the Ivorian corridors.  The widespread 
trend towards using direct road transport for the Beninese corridor is also due to the poor performance 
of Organisation commune Bénin-Niger des chemins de fer et des transports  - OCBN (Common 
Benin-Niger Organization of Railways and Transport);  and for the Togolese corridor it is due to the "Solidarity on the seas" escort system which eases th e administrative requirements for road carriers on 
Togolese territory.  The logistical chain of trans port should be improved following the entry into 
service of Dosso dry dock, which is currently under construction.
296  Various transport corridors to 
reduce the country's isolation are open to tender and th e contract will be awarded to the lowest bidder.  
A National Transport Facilitation Committee has be en set up in Niger under the WAEMU, which 
brings all interested parties together.  Howeve r, making national committees of this kind fully 
operational remains problematic. 
193. An agreement was signed by the governments of  Algeria, Nigeria and Niger in March 2003 
on the financing of the Algiers-Lagos road axis , which is part of th e trans-Saharan highway.297  
Investment under the Regional Economic Programme  of the WAEMU and the New Partnership for 
Africa's Development (NEPAD) should mean that a permanent road link between Bamako and Dakar 
to the South, representing one stretch of the Tr ans-Sahelian highway (which will extend from Dakar 
to N'Djamena via Bamako, Ouagadougou and Niamey ) can be built, as well as all the Community 
sections of the Trans-Saharan highway which pass through Niger territory.298 
194. Niger has no railway lines on its territory.  Jointl y with Benin it has a holding in and uses the 
Cotonou-Parakou line and its road extension to Niger (Dosso) but the route cu rrently has almost no 
                                                      
293 Stimulating the transport industry, National Strategy for Road Transport. 
294 Decree No. 2005/054/PRN of 1 February 2005. 
295 Government of Niger (2007b). 
296 Online information from the Offi ce of the President of the Repub lic of Niger.  Viewed at:  
http://www.presidence.ne/ ar ticle.php?id_article=363. 
297 Integrated Framework for Trade-Related Assistance to Least Developed Countries (2006). 
298 WAEMU (2006). WT/TPR/S/223/NIG Trade Policy Review 
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  traffic.  The Government of Niger is involved in  a process to withdraw the OCBN monopoly and put 
services out to concession;  an invi tation to tender has been issued.299  Together with Benin, 
Burkina Faso and Togo, Niger has embarked on a plan for a 2000 km long railway interconnection 
system - Africarail - which should allow 2000 km. of  new railway to be la id for the carriage of 
passengers and freight.  Investment is provided for under the Regional Economic Programme of the 
WAEMU and NEPAD.300  The concession-holder, Africarail SA, is responsible for building and 
running the future network in the fo rm of public/private partnerships.301 
(b) Air transport 
195. Niger has six main airports, three of which conform to international standards (Niamey, 
Agadez and Zinder), and 12 secondary airports.302  Between 2002 and 2006, several investments were 
made in Niamey and Agadez to improve the runways and airport security.303  There are also plans to 
bring the airports of Agadez and Zinder up to International Civil Aviation Organization (ICAO) standard for large aircraft.  Howeve r, the low number of international flights to the country means that 
transport costs are high, and this adversely affect s the country's competitiveness and development of 
the tourist sector.
304  Air cargo exports, which fell between 2003  and 2005, consist principally of food 
products, gold ore and crafts and for the most part are bound for Europe305;  most imports come from 
Europe, followed by the United States and Africa (Table AI.4).306 
196. Niger is of the view that air transport is essen tial to its economic and social development and 
therefore has adopted a new Investment Code and regulations under the frame work of the WAEMU.  
Air transport enjoys import and export incentives among other measures.  These measures cover the 
movement of capital, profits tax, the open skies policy, and a reduction in the rate of aeronautical 
charges and in the aircraft refuelling price.307 
197. Niamey has been poorly served by international flights since Air Afrique closed down.308  At 
the end of 2008, in the absence of a national airlin e, the government entered into an agreement for a 
preferential investment in favour of Arik-N iger, which has undertaken to invest over 
CFAF 5 billion.309  The airline has five aircraft, serves the eight regions of Niger and the West African 
                                                      
299 Ministry of Transport (undated). 
300 The other countries affected by the project are Nigeria, Mali, Senegal, Côte d'Ivoire, Ghana, and 
Chad.  Government of Niger (2007b). 
301 Its remit also includes studying the opportunities for extending the plan under the ECWAS 
Interconnection Action Plan.  Viewed at:  http://www.africarail.org/afr_prg.htm. 
302 There are also secondary airports principally for domestic traffic, including Arlit, Diffa, Maradi and 
Tahoua.  Ministry of Transport (undated). 
303 Between 2000 and 2006, over CFAF 25 billion were  invested in the civil aviation subsector, with 
the private sector contributing only CFAF 1.2 billion.  Ministry of Transport and Civil Aviation, economic information days, September 2007. 
304 Government of Niger (2007b). 
305 Ministry of Transport (2007). 
306 Ministry of Transport (2008a). 
307 Ministry of Transport (undated). 
308 Online information from the Agence de presse a fricaine (African Press Ag ency).  Viewed at:  
http://www.apanews.  net/apa.php?article69866. 
309 Online information from the Office of the Presiden t of Niger, "Conseil des ministres" (Council of 
Ministers), 17 July 2008.  Viewed at:  ht tp://www.presidence.ne/cm/conseil_170708.htm. Niger WT/TPR/S/223/NIG 
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  subregion, and two members of its board of di rectors are appointed by the Niger Government.310  
Arik-Niger started operating its first commercial flights in May 2009. 
198. The Decision to implement the Yamouss oukro Declaration of 2002 concerning the 
liberalisation of access to air transport markets in Africa has contributed to the development of 
business tourism (joint report, Chapter I(3)(ii)).  The Administration des activités aéronautiques 
nationales du Niger  - AANN (Niger National Aeronautic Ac tivities Board) and the body to which it 
has been answerable since 1999, the Agency for the Safety of Air Navigation in Africa and 
Madagascar (ASECNA), are to be replaced by a new agency, the Agence autonome nationale de 
l'aviation civile  - ANAC (National Autonomous Civil Aviation Agency).311  By contrast to the Civil 
Aviation Authority (CAA) at the Ministry of Transp ort, the ANAC is to have managerial autonomy.  
Charges are approved by the CAA. 
199. The allocation of licences by the CAA is subject  to the signature of bilateral agreements.  
Cabotage transport is forbidden for foreign compani es.  The task of the AANN is to supply airport 
services.  Under a contract with the State, ASECNA has been responsib le for the commercial 
management of airports and the management of airport infrastructures since 21 August 1998. 
200. Niger has entered into various bilateral air ag reements since the 1960s, the most recent of 
which was the Agreement with Saudi Arabia, which was signed on 4 December 2005 at Jeddah.312  
Niger has not signed any open skies agreements. 
(iv) Tourism 
201. Under the GATS Niger has made bindings withou t limitations for consumption abroad of 
lodging establishments, restaurants, travel agencies  and tour guides.  Commercial presence to supply 
those services was bound subject to certain reservati ons except for travel agencies and tourist guide 
services where the binding is without limitations on na tional treatment.  Cross-border supply of travel 
agency services was bound without limitations on national treatment and subject to certain 
reservations on market access.  Othe r modes of supply are generally bound.313 
202. The economic activity generated by tourism is estimated at some CFAF 89 billion and some 
9,000 jobs.314  The number of hotels grew from 63 in 2003 to 88 in 2008 (in 2008 there were 3,299 
beds315), and in 2007 a total of 145,000 nights were spent in hotels compared to 161,146 in 2008.316  
There has been little growth in the average hotel o ccupancy rate, which rose fr om 45 per cent in 2004 
                                                      
310 Online information from the Office of the President of  Niger, "Le Chef de l'Etat reçoit le PDG de la 
compagnie aérienne ARIK AIR LIMITED" (The Head of St ate receives the Chief Executi ve of the airline ARIK 
AIR LIMITED), 12 May 2009.  Viewed at:  http ://www.presidence.ne/ article.php?id_article=356. 
311 Ministry of Transport (undated).  Under the Dakar Convention, the Agency's tasks include:  
management of facilities and services for the transmission of  technical messages and traffic;  aircraft guidance;  
air traffic control;  in-flight in formation etc.  Viewed at:  http://www.asecna.aero/asecna.html. 
312 Niger has signed bilateral agreements with Alge ria, Côte d'Ivoire, Egypt, France, Libya, Morocco, 
Sudan, Tunisia, South Africa, Benin, Burkina Faso, Cameroon, Ethiopia, Guinea, Kenya, Mali, Nigeria, Togo, 
Israel, Pakistan and Saudi Arabia. 
313 Document WTO GATS/SC/64 dated 15 April 1994. 
314 Information supplied by the Ministry of Tourism and Handicraft, "Tableau économique sur le 
tourisme" (Economic Table for Tourism). 
315 Ministry of Tourism and Handicraft (2009) and information supplied by the Ministry of Tourism 
and Handicraft, "Economic Table for Tourism ". 
316 Information supplied by the Ministry of Tourism and Handicraft, "Economic Table for Tourism". WT/TPR/S/223/NIG Trade Policy Review 
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  to 48 per cent in 2007.  The number of travel agencies rose from 77 in 2004 to 119 in 2007.317  
Takings in hotels, bars and restaurants rose from CFAF 71,817 million to CFAF 92,000 million 
between 2003 and 2008.318 
203. The World Travel and Tourism Council  (WTTC) is of the view that tourism demand for 
Niger should rise by between 4.6 per cent and 5.5 per cent a year between now and 2015.  Those 
figures include all travellers, including businessmen and official visits.319  Tourist visits doubled 
between 2002 and 2005 but the reasons for visiting Ni ger are still primarily business trips, followed 
by holidays and conferences.320  Tourist arrivals at Niamey airport rose from 55,000 to 73,154 
between 2003 and 2008.321  The growth in the number of tourists in 2008 may well be linked to the 
increase in arrivals of international experts follo wing the opening of major building sites nationally.  
The northern (Agadez, Arlit) and Centre-East (Marad i et Zinder) regions are the country's main poles 
of economic development.  Agadez is a significan t resource for developing tourist flows to Aïr and 
Tenere, especially for European tourists in winter322, particularly given the fact that Niger is closer to 
Europe than most other destinations in Sub-Sahara n Africa.  Approximately 75 per cent of visitors are 
French, followed by Italians, Germans and the British.323  The North and "W" Park areas are of 
greatest interest in terms of development potential in the medium term. 
204. Tourism is one of the growth clusters identif ied in the Accelerated Development and Poverty 
Reduction Strategy 2008-2012 for Niger.  The target  for growth set for the commerce and hotel sector 
is 6.8 per cent per year.324  A National Sustainable Tourism De velopment Strategy (NSDST) and an 
accompanying five year operational action plan are cu rrently being prepared.  The main thrusts of the 
strategy will focus on:  development of new tourism sites;  development of local activities;  promotion 
and marketing;  institutional support;  a nd improvement of the quality of service.325  W h e n  t h e  
Direction du tourisme et des professions touristiques  - DTPT (Tourism and Tourism Professions 
Department) was reorganized in 2006, two new departments were set up:  the Direction de 
l'aménagement et des inv estissements touristiques  - DPCT (Tourism Development and Investment 
Department) and the Direction des professions et circuits touristiques  (Tourism Services and Tours 
Department) (DPCT).  The Direction du marketing et de la communication  (Marketing and 
Communication Department) was established in 2004.  Additionally, tourism se rvices and crafts were 
decentralized to regional level. 
205. In 2005 the Ministry of Tourism and Handicraft identified the various types of tourist 
establishments authorized to provide tourists with services, namely hotels and other forms of lodging 
including inns, campsites, hostels, boarding houses, staging lodges (gîtes d'étapes), tourist restaurants 
and night clubs.326  A licence issued by the Minister for T ourism is required in order to open any such 
establishment and several conditions must be me t to obtain an operating permit, including a 
                                                      
317 Information supplied by the Ministry of Tourism and Handicraft, "Economic Table for Tourism". 
318 Information supplied by the Ministry of Tourism and Handicraft, "Economic Table for Tourism". 
319 Integrated Framework for Trade-Related Assistance to Least Developed Countries (2006). 
320 Visits of these types accounted for 19,306, 13 ,876 and 12,067 entries respectively in 2007. 
321 The figures for 2008 do not include arrivals at Manou Dayack airport in Agadez which was closed 
for the whole year because of the lack  of security in the north of the country.  Ministry of Tourism and 
Handicraft, (2009). 
322 Ministry of Transport (undated). 
323 Integrated Framework for Trade-Related Assistance to Least Developed Countries (2006). 
324 Government of Niger (2007b). 
325 Government of Niger (2007b). 
326 Decree No. 2005-155/PRN/MT/A of 29 July 2005. Niger WT/TPR/S/223/NIG 
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  qualification in tourism or the hotel business.327  Penalties in the form of fines ranging from 
CFAF 30,000 to CFAF 75,000 depending on the provision breached, and temporary closure of establishments are prescribed in the event that the provisions are breached.
328  Since 2006, hotels have 
been graded in accordance with crite ria established by Ministerial Decree329;  the decision to grade or 
downgrade a hotel is made by the Minister for Tour ism.  The issuance of a trader's card as a travel 
guide is also subject to a number of conditions being met.330 
206. The chief constraints on the development of tourism in Niger are linked to the high cost of 
certain resources such as energy - almost 54 per cent of hotels have their own generators331, access to 
drinking water, transport, telephone services;  a nd to insecurity which tourists continue to see as 
problematic.332 
207. The main concessions for tourism projects ar e those granted under the Investment Code. 
(v) Financial services 
208. In addition to the banking network, the Niger financial system comprises various categories 
of micro-finance institutions.  The banking system , which holds almost 67 per cent of the system's 
assets, is the most important component of the Niger finance system. 
209. Niger used to have 12 banks and financial est ablishments, ten of wh ich were operating in 
2006.  The country's banking system is concentrated:  the four main banks in the country - the Société 
nigérienne de banque  - SoNiBank (Niger Bank Company), the International Bank for Africa of 
Niger (BIA-Niger), Ecobank Niger, and the Bank of Africa - Niger (BOA- Niger) held around 84 per 
cent of deposits as at 31 December 2008.  The othe r finance institutions are the Commercial Bank of 
Niger (BCN), the Islamic Bank of Niger for Trade and Investment (BINCI), the Regional Solidarity 
Bank (BRS), the Sahel-Sahara Investme nt and Trade Bank (BSIC - Niger), the Banque atlantique du 
Niger  - BAN (Atlantic Bank of Niger);  and the Société Sahélienne de Financement  (Sahel Finance 
Company) (SAHFI), a financial institution.  The ba nks are mainly under foreign, mostly African, 
control.333  The arrival of the BICIC and the BAN has resulted in some decentralization since that 
time.  Currently only the BOA-Niger is listed on  the West African Regional Stock Market in 
Abidjan (BRVM), and has been since December 2 003.  Under the government plan to gradually 
withdraw from banking activities, several banks have  been placed under temporary management, such 
as the Crédit du Niger  - CDN (Niger Credit Bank) which has been under temporary management 
since 1999 and is due to become a housing bank;  its file is with the Central Bank as the State wishes to transfer 51 per cent of the CDN over to a private partner.  Apart from its shareholdings of over 
50 per cent in CDN and 5 per cent in Sonibank, the State does not have a significant holding in the 
                                                     
 
327 Those conditions include a requirement for foreigners to hold a permit to pursue professional 
activities in a self-employed capacity;  and not having been  declared either bankrupt  or in receivership.  
Article 11 of Decree No. 2005-155/PRN/MT/A of 29 July 2005. 
328 Articles 38 to 43 of Decree No. 2005-155/PRN/MT/A of 29 July 2005. 
329 In 2007, of a total of 87 hotels:  45 were ungraded;  seven had one star;  12 hotels had two stars;  
14 had three stars, and nine had four stars.  Niamey, Agadez, Dosso and Zinder have the highest number of 
hotels, rooms and beds in Niger.  Joint Order No. 00058/MT/A/MUH/C/DL of the Minister for Tourism and 
Handicraft and the Minister for Urban Development, Housing and Land Registry, dated 4 October 2006.  The annex to the Order sets out in detail the minimum standards for hotel grades. 
330 The conditions include being of Niger nationality;  production of a contract of employment with a 
licensed travel agency or offi ce.  Order No. 00007/MTA/DTPT of 2 February 1999, Article 3. 
331 World Bank (2007). 
332 Integrated Framework for Trade-Related Assistance to Least Developed Countries (2006). 
333 World Bank (2007). WT/TPR/S/223/NIG Trade Policy Review 
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  banks with a presence in Niger.  The Banking Commission withdrew the licence of the Caisse de 
prêts aux collectivités territoriales  - CPCT (Loan Fund for Local Authorities) in June 2009;  it is due 
to be replaced with an Agence de financement des collectivités territoriales  (Local Authorities 
Funding Agency). 
210. The loans made by banks in Niger are essentially short-term (59 per cent at 
31 December 2008).  All the commercial banks in Niger have demand deposits, making it difficult to 
grant long-term loans.  Nonetheless, lines of credit amounting to €8 million each from the EIB to the 
principal banks of Niger have improved the medium -term portfolio, a factor which should encourage 
business investment.  As at 31 December 2008, loans totalled CFAF 275.8 billion 
(CFAF 163.2 billion of which was short-term) and approximately 80 per cent of that amount was 
concentrated on the four principal banks (Sonibank, BIA, BOA and Ecobank). 
211. The loans favour large businesses to the detrimen t of smaller ones.  Moreover, interest rates 
and the interest spread in Niger, which in 2006 st ood at 17 per cent and 9.1 per cent respectively, are 
the highest in the WAEMU.  In point of fact, bank lending represents only a minor source of investment financing and working capital for bus inesses in Niger, which are largely self-funded.  
Only 12 per cent of loans are taken out on a formal basis with a microfinance institution (7 per cent of 
the total), a cooperative (2 per cent), a business (2  per cent), or a private bank (1 per cent).
334  That 
raises two issues:  the choice of investment projects is not backed by the market and could therefore be suspect;  and alternative sources of funding are ge nerally more expensive.  The low take-up of the 
formal banking system can be interpreted as voluntary restraint on the part of firms in the light of 
perceived constraints.  As a result, only 63.7 per cent of businesses in Niger say they have applied to 
banks for funding.  Additionally, co nsiderable sectoral variations highl ight the fact that banks tend to 
lend funds more readily to trading businesses, 86. 8 per cent of which obtained funding, than to 
businesses in the manufacturing and hotel sectors, where approximately 73 per cent of loan applications were approved.
335 
212. The Niger banking network is experiencing diffi culties associated among other things with 
the lack of regional branches, which is due to the costs associated with them, especially the absence of 
basic infrastructures and the low number of branches of the Central Bank of West African States (BCEAO), whose offices cover the vast territory of Niger but are located only in Niamey, Maradi and 
Zinder. 
213. In Niger fees, taxes and charges on financial services include a service commission of 
between 0.5 and 2 per cent of the total amount, payable in a single instalment;  negligible set-up fees;  
VAT at 19 per cent (in accordance with the ceilin g set by the WAEMU) on service commissions;  
companies tax;  taxes on management fees, and appr enticeship taxes.  There are no taxes specific to 
banks.  Demand deposits do not earn inte rest;  term deposits earn tiered in terest at a rate of 2.75 per 
cent for deposits between CFAF 50 million and CF AF 100 million, and at a rate ranging from 3 to 
3.5 per cent for deposits of between CFAF 100 million and CFAF 200 million.  Above 
CFAF 200 million the rate is negotiable up to a maximum of 4.75 per cent.  Interest on a savings account is paid at a rate of 2.5 per cent where deposits total between CFAF 25,000 and 
CFAF 3 million.  Interest on inter-bank loans is capped at 5 per cent, and at 6 per cent for the 
purchase of treasury bills from WAEMU countries. 
                                                     
 
334 Government of Niger (2007b). 
335 World Bank (2007). Niger WT/TPR/S/223/NIG 
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  214. Micro-finance, which falls under the Ministry of  Finance, is not sufficiently developed in 
Niger.336  A reform of national legislation to bring it in to line with the rules of the Organization for the 
Harmonization of Business Law in Africa (OHADA), which involves restructuring certain financial institutions and reorganizing and de veloping proximity financial inte rmediation, is under way in the 
form of the Financial Sector Technical Assistance Pr oject (PDSF).  The reform  is to be implemented 
by (i) setting up a Regulatory Agency for the micro-fi nance sector to improve control and supervision 
of the sector - the Agency in question, which was established under a Presidential Decree, is not yet 
operational;  and (ii) the restructuring of thr ee bodies (the TAIMAKO Popular Savings and Loan 
Banks (CEPC-TAIMAKO), the Popular Savings and Loan Movement (MCPEC) and Addache).
337  
Under the PDSF there will be an expansion of fi nance using new facilities to support SMEs/SMIs 
(refinance funds, guarantee funds, venture capital, et c.).  The methods used by the project will be 
studied.338  The first phase of the PDSF, which is financed by the World Bank, is due to end in 
April 2010.  Additionally, the chart of accounts specifi c to micro-finance is due to enter into force on 
1 January 2010. 
215. The decentralized finance network in Niger is s till the least centralized in the WAEMU.  In 
2004, the country's main micro-finance institutions - MCPEC, the Mutuelle d'épargne et de crédit des 
femmes  - MECREF (Women's Savings and Loans Mutu al Benefit Society), the CEPC-TAIMAKO, 
and the Union des mutuelles d'épargne et de crédit du Niger  - UMEC (Union of Niger Savings and 
Loans Friendly Society) - represented 50.4 per cent of  the network's clients, raised 59.4 per cent of 
deposits and granted 38.2 per cent of loans.  The network had 585 employees in 2005, or 73.1 per cent 
more than in 2004.  The number of Systèmes financiers décentralisés  - SFD (Decentralized Finance 
Systems) which have been authorized to operate rose from 54 in 2003 to 85 in 2005;  the number of establishments operating outside the regulations ro se from 6 in 2003 to 75 in 2005, raising the total 
number of structures in the micro-financ e business from 54 in 2003 to 167 in 2005.
339  A legal and 
regulatory mechanism which applies in all States of  the West African Monetary Union (WAMU) lays 
down the conditions for operating as an SFD.340 
216. Banking activities in Niger are subject to th e banking regulations of the WAEMU whose 
Banking Commission also exercises a supervisory function (joint report, Chapter I(3)(ii)(b)).341  I n  
2008, the Niger National Assembly voted on the new Uniform Act on banking regulation in the 
WAEMU, and promulgated it as Law of the Republic No. 2008-33 of 13 July 2008. 
217. Niger is a member of the Inter-African Conference for the Insurance  Market  (CIMA), whose 
Code governs the supply of insurance services in the countries concerned (joint 
report, Chapter I(3)(ii)(b)). 
218. Specific information on insurance services in Niger is not available. 
                                                      
336 Government of Niger (2007b). 
337 Ministry of the Economy and Finance (2006). 
338 Government of Niger (2007b). 
339 BCEAO (2005). 
340 The legislative and regulatory texts were adopted by the Council of Ministers of the WAMU on 
17 December 1993 at Dakar.  In Niger, the activity of raising savings and making loans as carried on by savings 
and loans establishments is governed by Ordinance No. 96-024 of 30 May 1996.  In 1998 the BCEAO issued 
guidance on the production of financial information by SFDs, which are required to publish an annual report on their activities no later than six months following the end of each financial year. 
341 The information on the Banking Commi ssion of West Africa was viewed at:  
http://www.izf.net/izf/FicheIdentite/COBAC.htm. WT/TPR/S/223/NIG Trade Policy Review 
Page 122 
 
 
  (vi) Professional services 
219. Professional services are not covered by Niger's specific commitments under the GATS. 
220. There is a general lack of information on the trade regimes for professional services in Niger. 
 
 Niger WT/TPR/S/223/NIG 
 Page 123 
 
 
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(2008), Validation de l'évaluation du système de pa ssation des marchés publics, Rapport de fin de 
mission (Validation of the government procurement system  assessment, End-of-mission report), April.  
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(OECD) (2005), Niger, African Economic Outlook .  Viewed at:  
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908100759&searchMenuPK=641875 11&theSitePK=5236 79 [10 May 2009]. 
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  International Monetary Fund (IMF) (2008), Niger:  Poverty Reduction Strategy Paper , IMF Country 
Report No. 08/149.  Viewed at:  http://www.im f.org/external/pubs/f t/scr/2008/cr08149.pdf 
[20 December 2008].  
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February.  Viewed at:  http://www.imf. org/external/pubs/ft/scr/2009/cr0970.pdf 
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http://www.imf.org/external/np/prsp/20 02/ner/01/010102.pdf [20 December 2008]. 
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réduction de la pauvreté (SRP) (Integration of modern energy services into the Poverty Reduction 
Strategy (PRS)).  Viewed at:  http://www. mepred.eu/_docs/D-321-Integration%20SRP.doc 
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http://www.arm-niger.org/Rap06.pdf [13 June 2009]. 
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August.  Viewed at:  http://siteres ources.worldbank.org/INTPRS1/Resources/383606-
1119904390686/NIGER_PRSPII.pdf 
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April.  Viewed at:  http://www.imf.org/exte rnal/np/loi/2009/ner/042709.pdf [3 July 2009]. 
 Haut Conseil des Collectivités Territoriales,  HCCT (Local Authorities High Council) (2009), Rapport 
national de l'évaluation de la mise en  œuvre de la décentralisation au Niger (National assessment 
report on the implementation of the decentralization process in Niger), May, Niamey. 
National Statistics Institute (INS) (2009), Comptes économiques provisoires 2008 (Provisional 
economic accounts 2008).  Viewed at:  http://www.ins.ne [3 July 2009].  Ministry of the Economy and Finance (2006), Programme pluriannuel de convergence, de stabilité, 
de croissance et de solidarité (2007-2009)  (Multi-annual convergence, stability, growth and solidarity 
programme (2007-2009)), Niamey.  
Ministry of Mines and Energy (2006), Stratégie de développement minier (Mining development 
strategy) (draft), February, Niamey.  Viewed at:  http://www.sdrp-niger.ne/IMG/pdf/SDM.pdf 
Ministry of Mines and Energy (2008), Niger, Mining Investment Opportunities , 15 October. 
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review, 2003, 2004, 2005).  November, Niamey. 
Ministry of Transport (2007), Bulletin annuel des statistiques (Annual statistics bulletin), Niamey. Niger WT/TPR/S/223/NIG 
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  Ministry of Transport (2008a), Bulletin trimestriel de statistiques (Quarterly statistics bulletin), No. 2, 
second quarter, Niamey. 
Ministry of Transport and Civil Aviation (2008b), Rapport de synthèse sur la situation des transports 
terrestres, maritimes et fluviaux (Synthesis report on the situation of land, maritime and river 
transport), September, Niamey. 
Ministry of Transport (undated), Politique sectorielle des transports (Sectoral transport policy), 
Niamey.  
Ministry of Agricultural Development (undated), Processus d'élaboration et de mise en œuvre du 
Code rural au Niger  (Preparation and implementation of the Rural Code in Niger).  Viewed at:  
http://www.foncier-developpement.org/vie-des-resea ux/le-projet-appui-a-lelaboration-des-politiques-
foncieres/atelier-dechanges-sur-la-gestion-fonc iere-a-lechelle-communa le/la-gestion-fonciere-
communale-objectifs-processus-de-reforme-et-grande s-options-de-dispositifs-en-place/le-cas-du-niger 
[13 June 2009]. 
Ministry of Agricultural Development a nd Ministry of Animal Resources (2007), Recensement 
Général de l'Agriculture et du Cheptel 2005-2007 (General Agricultural and Livestock Census 2005-
2007), Volumes I, II and III, June, Niamey. 
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commerciale au Niger par secteur (Comments on the analysis of trade policy and practice in Niger by 
sector), Niamey. 
OECD (2006), Niger,  African Economic Outlook 2005-2006 .  Viewed at:  
http://www.oecd.org/dataoecd/33/57/36741731.pdf 
World Trade Organization (WTO) (2003), Trade Policy Review of Niger  and Trade Policy Review of  
Senegal , Geneva. 
World Food Programme (WFP) (2005), Analyse de la sécurité alimentaire et de la vulnérabilité au 
Niger (CFSVA) (Comprehensive Food Security and Vulnerability Analysis (CFSVA) - Niger).  
Viewed at:  http://documents.wfp.org/stelle nt/groups/public/documents/ena/wfp089437.pdf 
[13 June 2009]. 
Energy Information System (SIE) - Niger (2006), Note de synthèse du Système d'information 
énergétique (Energy Information System summary note).  Viewed at:  
http://www.sie.iepf.org/fileadmin/doc ument/SIE-Niger_synthese_2006.pdf 
West African Economic and Monetary Union (WAEMU) (2006), Programme économique régional 
(PER) 2006-2010 (Regional economic programme 2006-2010), Volu me IV:  Project profiles.  Viewed 
at:  http://www.izf.net/upload/Institutions/Situation/PER/PER%20VOLUME%20IV.pdf 
WAEMU (2008), Rapport semestriel d'exécution de la surveillance multilatérale (Semi-annual report 
on implementation of multilateral supervision), December.  Viewed at:  http://www.uemoa.int/Publication/2008/Rappor t_SM_DECEMBRE2008. pdf [12 May 2009]. 
 
US Geological Survey (2008), The Mineral Industries of Mauritania and Niger , 2006 .  Viewed at:  
http://minerals.usgs.gov/minerals/ pubs/country/2006/my b3-2006-mr-ng.pdf WT/TPR/S/223/NIG Trade Policy Review 
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  World Bank (2008), Doing Business 2009:  Country Profile for Niger .  Viewed at:  http://www-
wds.worldbank.org/external/default/WDSCont entServer/WDSP/IB/ 2008/10/10/0003330 38_20081010
004309/Rendered/PDF/458780WP0Box331LIC10Sept29120081NER.pdf [20 November 2008].   
  APPENDIX TABLESNiger WT/TPR/S/223/NIG 
 Page 129 
 
 
  Table AI.1 
Structure of imports, 2002-2008 
(US$ million and per cent) 
  2002 2003 2004 2005 2006 2007 2008 
Total imports (US$ million) 432. 0 560.1 667.2 735.6 860.2 957.8 1,247.5 
 Percentage share 
Total primary products 56.0 56.0 49.7 54.3 47.8 46.7 48.4 
 Agriculture 41.0 37.8 33.9 38.2 32.3 28.3 29.7 
 Food 38.0 33.5 31.0 34.2 27.8 23.6 24.9 
 0423  Rice, semi-milled or wholly milled 11.0 6.7 8.5 12.7 7.4 5.3 8.5 
 0222  Milk and cream, concentrated or 
sweetened 2.6 2.2 2.1 2.2 2.8 1.6 2.5 
 1222  Cigarettes containing tob acco 4.5 3.5 3.1 2.1 2.2 2.6 2.0 
 0612  Other beet or cane sugar and chemically 
pure sucrose, in solid form 2.4 4.3 3.3 3.3 2.3 2.2 2.0 
 4222  Palm oil and its fractions 5.3 5.8 3.1 3.1 2.7 1.7 1.5 
 0989  Food preparations, n.e.s. 1.2 1.1 0.6 0.9 1.3 1.0 1.1 
 Agricultural raw materials 3.0 4.3 3.0 4.0 4.5 4.7 4.8 
 2690  Worn clothing and other worn textile 
articles;  rags 2.4 3.7 2.5 3.6 4.0 4.2 4.5 
 Mining 15.0 18.1 15.7 16.1 15.5 18.4 18.7 
 Ores and other minerals 1.2 1.2 1.2 1.4 0.9 1.4 2.0 
 2741  Sulphur of all kinds (other than sublimed 
sulphur, precipitated sulphur and 
colloidal sulphur) 0.5 0.5 0.5 0.8 0.3 0.6 1.0 
 Non-ferrous metals 0.1 0.0 0.0 0.1 0.1 0.0 0.0 
 Fuels 13.7 16.9 14.5 14.6 14.4 17.0 16.6 
 3510  Electric current 2.3 2.3 1.5 1.3 1.7 1.6 1.2 
Manufactures 43.8 44.0 50.2 45.7 52.1 52.9 51.6 
 Iron and steel 2.0 2.2 3.4 2.6 2.9 2.7 2.8 
 6762  Bars and rods (other than those of 
subgroup 676.1) of iron or steel, not 
further worked than hot-extruded, etc. 0.0 0.0 0.0 0.0 0.0 0.0 0.8 
 Chemicals 8.6 8.1 9.4 7.4 9.6 12.5 14.0 
 5421  Medicaments containing antibiotics or 
derivatives thereof 0.3 0.2 2.3 0.3 0.1 2.1 4.5 
 5429  Medicaments (including veterinary 
medicaments), n.e.s. 1.8 2.2 2.4 1.8 3.6 5.2 4.4 
 Other semi-manufactures 6.6 6.0 8.0 8.4 8.7 8.1 8.0 
 6612  Portland cement, aluminous cement, slag 
cement, supersulphate cement and 
similar hydraulic cements, whether or not coloured or in the form of clinkers 2.7 2.2 3.4 3.8 3.8 3.9 3.8 
 Machinery and transport equipment 17.7 19.6 21.3 19.2 22.5 22.5 20.2 
 Power-generating machinery 0.3 0.3 1.0 0.4 0.7 0.6 0.6 
 Other non-electrical machinery 4.4 4.8 6.9 4.9 7.2 7.0 9.0 
 7239  Parts, n.e.s., of the machinery of 
group 723 and of subgroup 744.3 0.1 0.3 1.4 0.3 1.9 1.0 2.6 
 7234  Construction and mining machinery, 
n.e.s. 0.2 0.2 0.5 0.1 0.2 0.2 1.5 
 7232  Mechanical shovels, excavators and 
shovel-loaders, self-propelled 0.6 0.7 0.8 0.4 1.0 1.3 1.0 
 Agricultural machinery and tractors 0.1 0.1 0.4 0.1 0.3 0.3 0.0 
 Office machines and telecommunications 
equipment 4.7 5.2 1.9 3.5 4.5 3.8 2.9 
 Other electrical machinery 2.1 2.1 2.4 2.8 2.3 1.6 1.3 
 Automotive products 5.3 6.2 7.2 6.2 6.5 8.3 5.5 
 7812  Motor vehicles for the transport of 
persons, n.e.s. 3.1 3.2 3.7 2.9 2.5 3.0 2.4 WT/TPR/S/223/NIG Trade Policy Review 
Page 130 
 
 
    2002 2003 2004 2005 2006 2007 2008 
 7821  Motor vehicles for the transport of goods 1.4 1.1 1.8 1.4 1.8 3.3 1.7 
 Other transport equipment 0.8 1.0 1.8 1.4 1.2 1.3 0.9 
 Textiles 4.6 3.8 3. 0 3.7 2.6 2.2 2.1 
 6523  Other woven fabr ics, containing 85% or 
more by weight of cotton, finished, 
weighing not more than 200 g/m2 2.9 2.7 2.0 1.4 1.3 1.2 1.2 
 Clothing 0.9 0.6 0.4 0.4 0.4 0.4 0.4 
 Other consumer goods 3.7 3.7 4.7 4.0 5.5 4.5 4.1 
Other 0.2 0.1 0.2 0.0 0.1 0.4 0.0 
 9310  Special transactions and commodities 
not classified according to kind 0.0 0.0 0.1 0.0 13.3 16.3 16.1 
 Gold 0.0 0.0 0.0 0.0 0.0 0.0 0.0 
Source : WTO Secretariat calculations based on data from the UNSD Comt rade database (SITC Rev.3). Niger WT/TPR/S/223/NIG 
 Page 131 
 
 
  Table AI.2 
Structure of exports, 2002-2008 
(US$ million and per cent) 
Description 2002 2003 2004 2005 2006 2007 2008 
Total exports (US$ million) 199.0 228.0 278.9 347. 7 329.7 473.1 445.4 
  Percentage share 
Total primary products 91.1 92.8 83.4 67.1 75.4 81.8 88.8 
 Agriculture 44.3 41.1 33.6 22.3 27.5 16.9 21.8 
 Food 40.6 37.7 31.0 19.3 24.2 14.3 18.2 
 0011 Bovine animals, live 6.7 8.4 7.0 5.6 6.1 3.8 4.7 
 0012 Sheep and goats, live 9.4 8.9 6.6 3.4 4.2 2.5 4.1 
 0545 Other fresh or chilled vegeta bles 10.6 10.2 10.6 6.5 7.2 3.2 2.7 
 0422 Rice, husked but not further prepared 
(cargo rice or brown rice) 0.0 0.0 0.0 0.0 0.0 0.2 0.9 
 0612 Other beet or cane sugar and chemically 
pure sucrose, in solid form 0.2 0.1 0.1 0.0 0.1 0.7 0.9 
 0542 Leguminous vegetables, dried, shelled, 
whether or not skinned or split 0.6 0.6 0.9 0.3 0.2 0.2 0.9 
 1222 Cigarettes containing tobacco  4.8 2.1 2.5 1. 3 1.2 0.7 0.9 
 0019 Live animals, n.e.s. 1.7 1.4 0.2 0.2 0.6 0.3 0.8 
 0015 Horses, asses, mules and hinnies, live 1.6 1.1 0.1 0.2 0.9 0.5 0.8 
 0423 Rice, semi-milled or wholly milled 0.0 0.3 0.0 0.1 1.6 1.0 0.3 
 0548 Vegetable products , roots and tubers, 
n.e.s., fresh or dried 0.7 0.5 0.3 0.1 0.2 0.2 0.2 
 Agricultural raw materials 3.6 3.3 2.6 3.0 3.2 2.6 3.6 
 2690 Worn clothing and other worn textile 
articles;  rags 3.2 3.2 2.4 2.8 3.1 2.6 3.5 
 Mining 46.8 51.7 49.8 44.8 48.0 64.9 67.0 
 Ores and other minerals 45.4 50.3 48.2 43.3 46.5 63.3 65.1 
 2861 Uranium ores and concentrates 44.9 49.4 47.6 42.9 46.1 63.2 65.0 
 Non-ferrous metals 0.0 0.0 0.0 0.0 0.0 0.0 0.0 
 Fuels 1.4 1.5 1.6 1.5 1.4 1.5 1.8 
Manufactures 8.9 7.2 7.7 11.6 13.0 5.6 6.3 
 Iron and steel 0.0 0.0 0.0 0.0 0.3 0.0 0.0 
 Chemicals 0.4 0.4 0.3 0.2 0.3 0.2 0.5 
 5812 Tubes, pipes and hoses, rigid 0.0 0.2 0.2 0.0 0.0 0.0 0.2 
 Other semi-manufactures 0.3 0.3 0.4 0.5 0.5 0.1 0.3 
 Machinery and transport equipment 2.0 1.1 2.3 7.8 7.7 2.9 1.9 
 Power-generating machinery 0.1 0.0 0.0 0.1 0.1 0.0 0.0 
 Other non-electrical machinery 1.1 0.5 0.7 3.7 0.6 1.4 1.0 
 7231 Bulldozers, angledozers, graders and 
levellers, self-propelled 0.0 0.0 0.0 0.2 0.0 0.2 0.2 
 Agricultural machinery and tractors 0.0 0.0 0.0 0.0 0.0 0.0 0.0 
 Office machines and telecommunications 
equipment 0.2 0.2 0.1 0.1 0.2 0.1 0.3 
 Other electrical machinery 0.1 0.1 0.1 0.1 0.2 0.1 0.2 
 Automotive products 0.5 0.3 1.2 2.7 5.3 0.8 0.4 
 7821 Motor vehicles for the transport of goods 0.2 0.0 0.5 0.4 0.5 0.4 0.2 
 Other transport equipment 0.0 0.0 0.1 1.1 1.3 0.4 0.1 
 Textiles 5.8 5.2 4. 3 2.5 3.0 1.8 2.8 
 6523 Other woven fabric s, containing 85% or 
more by weight of cotton, finished, 
weighing not more than 200 g./m2 5.7 5.1 4.2 2.5 2.8 1.8 2.8 
 Clothing 0.0 0.0 0.0 0.0 0.1 0.1 0.2 
 Other consumer goods 0.3 0.2 0.3 0.5 1.1 0.6 0.6 
 8513 Footwear, n.e.s., with outer soles and 
uppers of rubber 0.0 0.0 0.1 0.2 0.2 0.1 0.2 WT/TPR/S/223/NIG Trade Policy Review 
Page 132 
 
 
  Description 2002 2003 2004 2005 2006 2007 2008 
Other 0.0 0.0 8.9 21.3 11.6 12.6 4.9 
 9310 Special transactions and commodities not 
classified according to kind 0.0 0.0 1.4 1.1 1.7 1.7 1.9 
 Gold 0.0 0.0 7.6 20.2 11.3 12.5 4.9 
 9710 Gold, non-monetary (excluding gold ores 
and concentrates) 0.0 0.0 7.6 20.2 11.3 12.5 4.9 
Source : WTO Secretariat calculations based on data from the UNSD Comt rade database (SITC Rev.3). Niger WT/TPR/S/223/NIG 
 Page 133 
 
 
  Table AI.3 
Structure of exports (including re-exports), 2002-2008 
(US$ million and per cent) 
Description 2002 2003 2004 2005 2006 2007 2008 
Total exports (US$ million) 199.0 228.0 278.9 347. 7 329.7 473.1 503.1 
  Percentage share 
Total primary products 91.1 92.8 83.4 67.1 75.4 81.8 86.2 
 Agriculture 44.3 41.1 33.6 22.3 27.5 16.9 25.3 
 Food 40.6 37.7 31.0 19.3 24.2 14.3 19.1 
 0011 Bovine animals, live 6.7 8.4 7.0 5.6 6.1 3.8 4.2 
 0012 Sheep and goats, live 9.4 8.9 6.6 3.4 4.2 2.5 3.7 
 0545 Other fresh or chilled vegetables 10.6 10.2 10.6 6.5 7.2 3.2 2.4 
 0422 Rice, husked but not further prepared (cargo 
rice or brown rice) 0.0 0.0 0.0 0.0 0.0 0.2 1.6 
 0612 Other beet or cane sugar and chemically pure 
sucrose, in solid form 0.2 0.1 0.1 0.0 0.1 0.7 1.5 
 1222 Cigarettes containing tobacco 4.8 2.1 2.5 1.3 1.2 0.7 1.5 
 0542 Leguminous vegetables, dried, shelled, 
whether or not skinned or split 0.6 0.6 0.9 0.3 0.2 0.2 0.8 
 0019 Live animals, n.e.s. 1.7 1.4 0.2 0.2 0.6 0.3 0.7 
 0015 Horses, asses, mules and hinnies, live 1.6 1.1 0.1 0.2 0.9 0.5 0.7 
 0423 Rice, semi-milled or wholly milled 0.0 0.3 0.0 0.1 1.6 1.0 0.5 
 Agricultural raw materials 3.6 3.3 2.6 3.0 3.2 2.6 6.2 
 2690 Worn clothing and other worn textile articles;  
rags 3.2 3.2 2.4 2.8 3.1 2.6 6.1 
 Mining 46.8 51.7 49.8 44.8 48.0 64.9 60.9 
 Ores and other minerals 45.4 50.3 48.2 43.3 46.5 63.3 57.6 
 2861 Uranium ores and concentrates 44.9 49.4 47.6 42.9 46.1 63.2 57.5 
 Non-ferrous metals 0.0 0.0 0.0 0.0 0.0 0.0 0.0 
 Fuels 1.4 1.5 1.6 1.5 1.4 1.5 3.3 
Manufactures 8.9 7.2 7.7 11.6 13.0 5.6 9.4 
 Iron and steel 0.0 0.0 0.0 0.0 0.3 0.0 0.0 
 Chemicals 0.4 0.4 0.3 0.2 0.3 0.2 0.5 
 5812 Tubes, pipes and hoses, rigid 0.0 0.2 0.2 0.0 0.0 0.0 0.2 
 Other semi-manufactures 0.3 0.3 0.4 0.5 0.5 0.1 0.4 
 Machinery and transport equipment 2.0 1.1 2.3 7.8 7.7 2.9 3.0 
 Power-generating machinery 0.1 0.0 0.0 0.1 0.1 0.0 0.0 
 Other non-electrical machinery 1.1 0.5 0.7 3.7 0.6 1.4 1.4 
 7231 Bulldozers, angledozers, graders and levellers, 
self-propelled 0.0 0.0 0.0 0.2 0.0 0.2 0.4 
 7233 Machinery for moving, grading, levelling, etc., 
self-propelled, n.e.s. 0.0 0.1 0.1 0.1 0.1 0.2 0.3 
 Agricultural machinery and tractors 0.0 0.0 0.0 0.0 0.0 0.0 0.0 
 Office machines and telecommunications equipment 0.2 0.2 0.1 0.1 0.2 0.1 0.5 
 Other electrical machinery 0.1 0.1 0.1 0.1 0.2 0.1 0.2 
 Automotive products 0.5 0.3 1.2 2.7 5.3 0.8 0.7 
 7821 Motor vehicles for the transport of goods 0.2 0.0 0.5 0.4 0.5 0.4 0.4 
 Other transport equipment 0.0 0.0 0.1 1.1 1.3 0.4 0.1 
 Textiles 5.8 5.2 4.3 2.5 3.0 1.8 4.5 
 6523 Other woven fabrics,  containing 85% or more 
by weight of cotton, finished, weighing not 
more than 200 g/m2 5.7 5.1 4.2 2.5 2.8 1.8 4.5 
 Clothing 0.0 0.0 0.0 0.0 0.1 0.1 0.2 
 Other consumer goods 0.3 0.2 0.3 0.5 1.1 0.6 0.8 
 8513 Footwear, n.e.s., with outer soles and uppers of 
rubber 0.0 0.0 0.1 0.2 0.2 0.1 0.3 WT/TPR/S/223/NIG Trade Policy Review 
Page 134 
 
 
  Description 2002 2003 2004 2005 2006 2007 2008 
Other 0.0 0.0 8.9 21.3 11.6 12.6 4.4 
 9310 Special transactions and commodities not 
classified according to kind 0.0 0.0 1.4 1.1 1.7 1.7 3.3 
 Gold 0.0 0.0 7.6 20.2 11.3 12.5 4.4 
 9710 Gold, non-monetary (excluding gold ores and 
concentrates) 0.0 0.0 7.6 20.2 11.3 12.5 4.4 
 
Source : WTO Secretariat calculations based on data from the UNSD Comt rade database (SITC Rev.3). Niger WT/TPR/S/223/NIG 
 Page 135 
 
 
  Table AI.4 
Origin of imports, 2002-2008 
(US$ million and per cent) 
  2002 2003 2004 2005 2006 2007 2008 
World (US$ million) 432.0 560. 1 667.2 735.6 860. 2 957.8 1,247.5 
  Percentage share 
 America 11.2 12.0 16.6 9.9 14.1 12.9 11.6 
 USA 8.4 8.2 11.9 5.4 10.1 9.0 7.7 
 Other America 2.8 3.8 4.7 4.6 4.0 3.9 4.0 
 Brazil 1.9 3.1 3.3 2.9 2.2 2.7 2.0 
 Argentina 0.2 0.5 0.9 1.1 1.5 0.7 1.0 
 Europe 28.9 28.3 26.5 24.5 27.4 36.3 32.0 
 EC(27) 28.5 27.4 26.1 23.9 26.8 35.9 31.5 
 France 15.6 14.6 15.0 15.8 15.4 18.9 13.2 
 Netherlands 2.8 2.2 2.3 1.0 1.9 2.4 7.2 
 United Kingdom 2.7 3.1 2.2 1.0 2.7 4.6 3.2 
 Belgium 1.4 1.5 2.4 1.7 2.6 2.6 2.5 
 Germany 1.3 1.8 1.4 1.5 1.4 3.0 2.2 
 Italy 1.7 1.2 0.9 1.2 1.0 1.3 1.1 
 EFTA 0.3 0.2 0.2 0.3 0.4 0.2 0.4 
 Other Europe 0.2 0.7 0.2 0.3 0.2 0.2 0.1 
 Commonwealth of Independent States  (CIS) 0.7 0.4 0.5 0.6 0.9 1.2 1.6 
 Ukraine 0.0 0.0 0.0 0.1 0.3 0.8 1.5 
 Africa 34.1 38.1 34.3 35.6 27.8 26.3 21.6 
 Côte d'Ivoire 14.9 13.3 9.2 9.1 6.4 7.9 5.0 
 Nigeria 7.1 7.3 7.3 5.5 6.1 4.7 4.7 
 Togo 3.1 2.7 1.8 5.0 2.3 3.8 4.0 
 Ghana 1.9 1.4 1.7 1.8 1.7 1.4 1.4 
 Cameroon 0.0 0.1 0.1 2.2 0.6 0.9 1.1 
 Middle East 3.6 2.1 2.5 3.2 0.9 0.7 0.6 
 Asia 21.5 19.1 19.5 24.3 27.2 21.2 30.9 
 China 9.1 9.4 5.2 5.5 12.5 6.9 12.6 
 Japan 4.8 4.5 5.0 3.1 3.8 4.9 3.6 
 Six East Asian Traders 0.9 1.2 5.3 4.6 2.6 3.0 6.2 
 Thailand 0.4 0.6 4.6 3.4 0.8 0.8 3.5 
 Malaysia 0.1 0.4 0.4 0.8 1.5 1.5 2.1 
 Other Asia 6.7 4.0 4.1 11.2 8.3 6.5 8.5 
 Pakistan 1.0 0.1 0.1 4.0 1.9 1.9 3.4 
 India 4.1 3.2 1.5 3.9 4.7 3.2 2.3 
 Vietnam 0.3 0.2 1.4 2.7 1.0 0.3 1.5 
 Other 0.0 0.0 0.1 1.9 1.7 1.3 1.7 
 Other countries n.e.s. 0.0 0.0 0.1 1.9 1.7 1.3 1.7 
Source : WTO Secretariat calculations based on data from the UNSD Comt rade database (SITC Rev.3).  WT/TPR/S/223/NIG Trade Policy Review 
Page 136 
 
 
  Tableau AI.5 
Destination of exports, 2002-2008 
(US$ million and per cent) 
  2002 2003 2004 2005 2006 2007 2008 
World (US$ million) 199.0 228.0 278.9 347.7 329.7 473.1 445.4 
  Percentage share 
 America 6.8 4.2 3.5 3.1 4.1 6.6 20.1 
 USA 6.5 4.2 3.4 3.1 3.4 5.8 19.0 
 Other America 0.3 0.0 0.1 0.0 0.7 0.9 1.1 
 Canada 0.0 0.0 0.0 0.0 0.1 0.2 0.2 
 Brazil 0.0 0.0 0.0 0.0 0.6 0.7 0.8 
 Europe 35.1 40.2 46.4 54.9 51.1 60.7 45.4 
 EC(27) 35.0 40.1 38.9 36.3 41.2 48.3 40.5 
 France 30.6 33.4 33.1 30.9 34.8 44.1 36.5 
 Spain 3.0 3.7 3.3 2.9 2.5 3.0 1.7 
 Netherlands 0.5 1.7 0.7 0.4 0.3 0.3 1.0 
 Belgium 0.0 0.1 0.1 1.8 2.0 0.4 0.5 
 Italy 0.1 0.0 0.0 0.1 0.1 0.2 0.4 
 Germany 0.1 0.1 0.1 0.0 0.9 0.1 0.3 
 EFTA 0.1 0.1 7.5 18.6 9.9 12.5 4.9 
 Switzerland and Liechtenstein 0.1 0.1 7.5 18.6 9.9 12.5 4.9 
 Other Europe 0.0 0.0 0.0 0.0 0.0 0.0 0.0 
 Commonwealth of Independent States  (CIS) 0.0 0.0 0.0 0.0 0.2 0.0 0.0 
 Africa 44.5 41.0 36.6 28.4 27.3 14.0 18.5 
 Nigeria 32.1 28.4 21.8 14.3 14.7 8.6 12.6 
 Côte d'Ivoire 3.5 3.6 3.8 2.5 2.4 1.9 2.6 
 Ghana 4.5 4.5 5.7 3.9 4.4 2.0 1.5 
 Burkina Faso 0.5 0.9 0.9 0.6 0.7 0.1 0.8 
 Cameroon 0.0 0.0 0.0 0.9 0.1 0.0 0.3 
 Benin 2.5 1.7 1.3 1.9 1.9 0.5 0.2 
 Middle East 0.0 0.4 0.3 0.0 0.2 0.5 0.2 
 Asia 13.6 14.2 12.8 12.4 15.8 16.9 14.5 
 China 0.1 0.1 0.3 0.4 1.2 0.8 0.6 
 Japan 13.5 13.6 12.3 11.8 13.5 14.1 11.0 
 Six East Asian Traders 0.0 0.1 0.0 0.1 0.8 1.2 1.5 
 Thailand 0.0 0.1 0.0 0.0 0.6 0.8 1.1 
 Malaysia 0.0 0.1 0.0 0.0 0.1 0.3 0.2 
 Other Asia 0.0 0.4 0.2 0.2 0.4 0.8 1.4 
 Korea, Democratic People's Republic of 0.0 0.0 0.0 0.0 0.0 0.3 0.7 
 Vietnam 0.0 0.2 0.0 0.0 0.0 0.2 0.4 
 Other 0.0 0.0 0.4 1.2 1.3 1.2 1.4 
 Other countries n.e.s. 0.0 0.0 0.4 1.2 1.3 1.2 1.4 
Source : WTO Secretariat calculations based on data from the UNSD Comt rade database (SITC Rev.3). Niger WT/TPR/S/223/NIG 
 Page 137 
 
 
  Table AI.6 
Destination of exports (including re-exports), 2002-2008 
(US$ million and per cent) 
  2002 2003 2004 2005 2006 2007 2008 
World (US$ million) 199.0 228.0 278.9 347.7 329.7 473.1 503.1 
  Percentage share 
 America 6.8 4.2 3.5 3.1 4.1 6.6 19.5 
 USA 6.5 4.2 3.4 3.1 3.4 5.8 17.6 
 Other America 0.3 0.0 0.1 0.0 0.7 0.9 1.9 
 Canada 0.0 0.0 0.0 0.0 0.1 0.2 0.4 
 Brazil 0.0 0.0 0.0 0.0 0.6 0.7 1.5 
 Europe 35.1 40.2 46.4 54.9 51.1 60.7 43.2 
 EC(27) 35.0 40.1 38.9 36.3 41.2 48.3 38.9 
 France 30.6 33.4 33.1 30.9 34.8 44.1 33.2 
 Netherlands 0.5 1.7 0.7 0.4 0.3 0.3 1.7 
 Spain 3.0 3.7 3.3 2.9 2.5 3.0 1.7 
 Belgium 0.0 0.1 0.1 1.8 2.0 0.4 0.8 
 Italy 0.1 0.0 0.0 0.1 0.1 0.2 0.7 
 Germany 0.1 0.1 0.1 0.0 0.9 0.1 0.5 
 EFTA 0.1 0.1 7.5 18.6 9.9 12.5 4.3 
 Switzerland and Liechtenstein 0.1 0.1 7.5 18.6 9.9 12.5 4.3 
 Other Europe 0.0 0.0 0.0 0.0 0.0 0.0 0.0 
 Commonwealth of Independent States  (CIS) 0.0 0.0 0.0 0.0 0.2 0.0 0.0 
 Africa 44.5 41.0 36.6 28.4 27.3 14.0 18.6 
 Nigeria 32.1 28.4 21.8 14.3 14.7 8.6 11.8 
 Côte d'Ivoire 3.5 3.6 3.8 2.5 2.4 1.9 3.6 
 Ghana 4.5 4.5 5.7 3.9 4.4 2.0 1.4 
 Burkina Faso 0.5 0.9 0.9 0.6 0.7 0.1 0.8 
 Cameroon 0.0 0.0 0.0 0.9 0.1 0.0 0.6 
 Middle East 0.0 0.4 0.3 0.0 0.2 0.5 0.2 
 Asia 13.6 14.2 12.8 12.4 15.8 16.9 16.0 
 China 0.1 0.1 0.3 0.4 1.2 0.8 1.1 
 Japan 13.5 13.6 12.3 11.8 13.5 14.1 9.9 
 Six East Asian Traders 0.0 0.1 0.0 0.1 0.8 1.2 2.6 
 Thailand 0.0 0.1 0.0 0.0 0.6 0.8 2.0 
 Malaysia 0.0 0.1 0.0 0.0 0.1 0.3 0.3 
 Singapore 0.0 0.0 0.0 0.0 0.0 0.1 0.3 
 Other Asia 0.0 0.4 0.2 0.2 0.4 0.8 2.3 
 Korea, Democratic People's Republic of 0.0 0.0 0.0 0.0 0.0 0.3 1.3 
 Vietnam 0.0 0.2 0.0 0.0 0.0 0.2 0.7 
 Other 0.0 0.0 0.4 1.2 1.3 1.2 2.5 
 Other countries n.e.s. 0.0 0.0 0.4 1.2 1.3 1.2 2.5 
Source : WTO Secretariat calculations based on data from the UNSD Comt rade database (SITC Rev.3).