WT/TPR/S/169 Trade Policy Review 
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III. TRADE POLICIES AND PRACTICES BY MEASURE 
(1) INTRODUCTION  
1. The Congo applies the CEMAC acts concerning the common external tariff (CET), the 
generalized preferential tariff (GPT) and the applicati on of internal taxes, adopted at the time of the 
1993 tax and customs reform.  All the Congo's 2006 tariff rates are strictly ad valorem , the simple 
average being 18.7 per cent.  The application of ot her entry duties and taxes raises this average to 
about 22 per cent.  The tariff is characterized by mixed escalation due to the relatively high level of 
protection accorded to unprocessed agricultural pr oducts.  Internal taxes (VAT and, where 
appropriate, excise duties) are also levied at the customs cordon but, unlike similar imported products, 
locally manufactured goods such as wheat flour and mineral water are exempt. 
2. In general, imports valued at CFAF 3 million or  more are subject to pre-shipment inspection 
with payment of the relevant charges (0.9 per cent of the f.o.b. value).  The Congo is having some difficulty implementing the WTO Agreement on customs valuation.  It has bound the rates corresponding to 17.8 per cent of its tariff lines, incl uding all those applying to agricultural products 
(WTO definition).  The other charges and taxes on  these products are bound at the zero rate, but the 
Congo applies some of them to imports.  The Congo  has no contingency measure legislation and has 
never applied such measures. 
3. The Congo applies an import licensing regime to staple foods;  sugar marketing is a 
monopoly of the Agricultural Company for the Indus trial Refining of Sugar (SARIS-Congo), and the 
importation of wheat flour is subject to a quota in order to protect the domestic producer (MINOCO).  
This regime is accompanied by price controls on the products concerned applied via an authorization 
process;  the aim is to control the supply and pr ices of these products on the domestic market.  A law 
adopted by Parliament but not yet promulgated at the time this report was being finalized in 
July 2006, amends certain aspects of this licensing regime.  An administrative price control regime 
also applies to petroleum products, water, electri city, and postal and telecommunications services.  
The Congo applies sanitary and phytosanitary measur es (for example, to combat bird flu), although 
they have not been notified to the WTO. 
4. Advantages, including tax concessions, are grante d to State-approved oil companies, as well 
as to enterprises approved under the Investment Charte r. Duties and taxes are collected on exports and 
in particular on wood exports.  Exports of rou gh timber in excess of the authorized threshold are 
subject to an export surcharge.  Moreover, export earnings must be repatriated and converted into 
CFA francs within 30 days of exportation.  The Congo does not have standardization legislation or a 
comprehensive competition policy.  It has updated its  industrial property regime as a result of the 
ratification in 2001 of the revised Bangui Agreemen t (1999) with a view to harmonizing it with the 
provisions of the WTO's TRIPS Agreement;  the co pyright and related rights regime has not been 
updated.  The government procurement system, which dates from 1982, is in process of being revised 
to align it on the relevant international standard s.  The Congo is continuing with the implementation 
of an ambitious privatization programme. 
(2) M
EASURES DIRECTLY AFFECTING IMPORTS  
(i) Registration 
5. To be a trader, economic operators must obtain an installation licence from the Ministry 
responsible for trade;  be authorized and enrolled in the Trade and Personal Property Credit Register;  
be registered in the files of the National Centre for Statistics and Economic Studies;  obtain an unique 
identification number from the Directorate General of  Taxes;  be registered with the Chamber of Republic of the Congo WT/TPR/S/169 
 Page 27 
 
 
Commerce, Industry, Agriculture and Trades;  and be  registered with the National Social Security 
Fund.1  These conditions are the same for both nationa ls and foreigners.  Th e registration formalities 
can be completed at the Single Window of the Business Formalities Centre (CFE)2, at Brazzaville, 
Pointe-Noire, Ouesso and Nkayi.3  Since June 2006, the importation and wholesale distribution of 
tradable goods and services have been activities rese rved for legal persons and are no longer open to 
natural persons4, the aim being to make the import-export business more formal.5 
6. The trader's card is a numbered card signed by the Minister responsible for trade.  Operators 
engaged in importing for commercial purposes must be hold a trader's card marked "importer", while those engaged in exporting for commercial purposes must hold a card marked "exporter";  in both 
cases, the trader is required to pay the business licence fee.
6  The card is valid for five years for 
Congolese and three years for foreigners and can be renewed.7 
7. The importation of forest products is subject to  special approval conditi ons, except in the case 
of forestry enterprises.8  Special conditions also apply to  persons seeking approval to import 
petroleum products.9 
(ii) Customs procedures 
8. Like the other CEMAC countries, since 2001 Congo has applied the CEMAC Customs 
Code10 to the importation, exportation and re-exportation of goods.  This Code is administered by the 
customs authorities of each member State.  The suspensive customs procedures for which the Code 
provides include transit;  temporary admission;  and customs warehousing.  The processing or 
economic procedures are:  inward processing;  outward processing;  drawback;  and processing of 
goods for release for consumption.  The other cust oms procedures are:  importation or release for 
consumption;  exportation and re -exportation.  Goods are cleared either by their owners or, 
mandatorily, by customs agents approved by CEMAC.11 
9. A mandatory programme of inspection of goods being shipped to the Congo has been applied 
since 199512;  since March 2006 this programme has been entrusted to COTECNA.  According to the 
contract supplied by the authorities, COTECNA ha s the following responsibilities for goods covered 
by the contract:  physical examination of the goods to verify their quality, quantity and origin;  the 
                                                      
1 Law No. 19-2005 of 24 November 2005. 
2 Decree No. 95-193 of 18 October 1995. 
3 Decree No. 95-96 of 29 May 1995 establishes the ch arges for administrative formalities at the single 
windows.  According to the table provided by the authorities, the charge for setting up a one-man business is 
CFAF 60,000, while that for forming a company is CFAF 95,000;  in each case, payment gives entitlement to a trader's card.  Foreign enterprises th at carry on a temporary commercial activity are subject to more onerous 
conditions.  Foreign economic operators who are not nati onals of CEMAC countries must set up a company and 
pay a deposit amounting to 1 per cent of the share capital fixed at a minimum of CFAF 1 million. 
4 These persons carry on their activities by means of shops and stalls or display retail trade.  Display 
retail trading is reserved for Congolese nationals (Ar ticle 11 of Law No. 19-2005 of 24 November 2005). 
5 Article 13 of Law No. 19-2005 of 24 November 2005. 
6 Articles 277-327 of the General Tax Code establish the amount of the business licence fee on the 
basis of three criteria:  the nature of the activity;  the cl ass of activity;  and the locality in which it is carried on. 
7 The charge for renewing a trader's card is CFAF 30,000. 
8 Articles 127 and 128 of Decree No. 2002-437 of 31 December 2002. 
9 Decree No. 2005-83 of 28 Decem ber 2005.  A fee of CFAF 700 million must be paid to obtain 
approval to operate as an importer of petroleum products. 
10 Regulation No. 5/01-UDEAC-097-CM-06. 
11 Article 1 of the CEMAC Customs Code. 
12 Decree No. 95-147 of 8 August 1995. WT/TPR/S/169 Trade Policy Review 
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customs classification of the goods and their eligib ility for a particular customs procedure;  price 
verification on the basis of which COTECNA provides a report in conformity with the Agreement on 
Implementation of Article VII of the GATT 199 4 (WTO Customs Valuation Agreement);  and 
identification and indication of the elements relating to the transaction as defined under the 
WTO Customs Valuation Agreement.  In prin ciple, the Congo has applied the WTO Customs 
Valuation Agreement since 1 August 200113, and its provisions have been incorporated verbatim into 
the CEMAC Customs Code.14  However, the effective implemen tation of the Agreement is posing 
certain problems and technical assistance is requested  in order to build human resources capacity in 
this area. 
10. The threshold for the application of this inspection programme is fixed at CFAF 3 million.15  
Every importer must lodge a prior import declaration (DPI), approved and signed by the Minister responsible for trade, together with the pro forma invoice/purchase order and a receipt for the 
inspection fees (0.9 per cent of the f.o.b. value,  with a minimum of CFAF 65,000).  The inspection 
procedure gives rise to an inspection report.  If the results of the inspection are satisfactory, an import 
(ADVI) or export (ADVE) certificate is issued.  If th e results of the inspection are not satisfactory, 
COTECNA issues a discrepancy report;  an internal  COTECNA appeals procedure is available in the 
event of disputes.  The ADVI is mandatory for clearing imports.  The ADV indicates the tariff 
heading, the customs value and the total amount of duties and taxes payable;  it must be accompanied 
by the import attestation endorsed by the bank with  which the transaction is domiciled (if the value 
exceeds CFAF 5 million), the commercial invoice, the transport documents and, where applicable, the 
certificate of origin, the certificate of conformity  and the sanitary or phytosanitary certificate. 
11. The processing of customs declarations is co mputerized, on the basis of the Automated 
System for Customs Data (ASYCUDA++), in the customs offices of Pointe-Noire
16, Brazzaville, 
Pokola (Sangha), and Nzassi (Kouilou).  According to  the authorities, the great majority of customs 
transactions are processed by computer.  An auto mation fee of 2 per cent is applicable to all 
transactions forming the subject of customs procedures.17  A maximum of five days is required for 
clearance, reckoned from the date of lodgment  of a complete set of supporting documents. 
(iii) Rules of origin 
12. The Congo does not have national rules of origin  for non-preferential purposes.  However, as 
a member of the CEMAC customs union, in principl e it also uses the Community  rules of origin for 
non-preferential purposes.18  For the purposes of application of the generalized preferential tariff 
(TPG), Community origin is certified by the CEMAC movement certificate.19  Community origin is 
                                                      
13 Decree No. 2001-387 of 31 July 2001. 
14 Title 1, Chapter IV,  Section IV. 
15 The following are exempt from COTECNA inspectio n: precious stones and metals, works of art, 
crude oil and refined products, arms and ammunition, other than for hunting or sport, explosives and 
pyrotechnic devices, live animals, perishable consumer go ods, fresh or chilled (meat, fish, fruit and vegetables), 
recycled metals, plants and cut flowers, cinematographic film, printed and developed, current newspapers and 
periodicals, postal and fiscal stamps, stamped paper, banknotes, chequebooks, personal effects and used 
domestic objects (including motor vehicles), personal gifts sent by foreign residents to their close relatives for their personal use, postal parcels, co mmercial samples, crude oil and refine d products, gifts in kind offered to 
the Government, supplies for diplomatic and consular missions or UN agencies (imported for their own needs), 
"free-shop" imports to be sold fo r export, and pharmaceutical products. 
16 There is a single window project intended to facilitate trade (Chapter IV(5)(ii)(a)). 
17 Law No. 33-2003 of 31 December 2003. 
18 Article 22 of the CEMAC Customs Code. 
19 Chapter III of Act 7/93-UDEAC-556-SE1. Republic of the Congo WT/TPR/S/169 
 Page 29 
 
 
conferred on products which are:  (a) w holly obtained in CEMAC member States20;  (b) local;  or 
(c) manufactured on CEMAC territory.21 
13. In 2006, Community origin is, in principle, conf erred on industrial products if at least 50 per 
cent, in value terms, of the total raw materials us ed in their manufacture are of Community origin.  
Approval is granted by the CEMAC Council of Mini sters. Once the CEEAC TPG is operational, other 
rules of origin will, in principle, enter into for ce at CEMAC level and reduce this threshold to 35 per 
cent.22 
(iv) Customs levies 
(a) Import duties and taxes 
Overview 
14. The Congolese authorities have approved the transmission to the WTO's Integrated 
Database (IDB) of the tariff data gathered by the Secretariat during the preparation of this report.  
Prior to that, Congo had not communicated any such data to the IDB.23 
15. All Congolese customs duties are ad valorem .  Imports under the release for consumption 
procedure are subject to various import duties a nd taxes, specifically:  the common external 
tariff (CET), statistical tax, Community integrati on tax (TCI), Community integration contribution 
(CCI), OHADA levy, automation fee, and inspection fees for qualifying transactions.  In all cases, the 
tax base is the c.i.f. value at importation.  VAT, as well as, for some products, excise duty, is levied 
by customs on the basis of the c.i.f. value plus import duties and taxes, and Brazzaville municipal tax 
at the custom-house in the capital.  An advance payment on income taxes, or the flat-rate taxes 
payable in their stead, is also levied at the customs cordon. 
16. In 2004, the Congo's revenue from the CET amounted to about 40 per cent of customs 
revenue from imports and exports (Table III.1).  It  should be noted that, since 2000, the Congo has 
revised its import tax regime, in particular by  abolishing the temporary surcharge, since 200224, and 
by increasing the automation fee, in 2003, and the Community integration contribution (CCI) in 
favour of CEEAC, in 2004. 
Table III.1 
Revenue from the taxation of international trade, 2000-04 
(CFAF million)  
 2000 2001 2002 2003 2004 
CET 27,295 38,501 36,595 32,479 33,932 
Excise duty 1,558 2,028 1,079 747 677 
Surcharge 476 178 0 0 0 
Disputes 157 300 270 483 601 
    Table III.1 (cont'd)
                                                      
20 For example, minerals extracted from the soil or seabed, and the products of agriculture, fishing and 
hunting or goods made wholly from these products without imported inputs. 
21 Act No. 7/93-UDEAC-556-CD-SE1, amended by Act No. 1/98-UDEAC-1505-CD-61. 
22 Decision No. 03/CEEAC/CCEG/XI/04 defines rules of origin that establish a 35 per cent threshold  
for the incorporation of raw materials of Community origin. 
23 WTO document G/MA/IDB/2/Rev.23 of  27 March 2006. 
24 The CACEU member countries had the right to apply a temporary surcharge on a list of goods 
(Annex IB to Act No. 7/93-UDEAC-556-CD-SE1) for a maximum period of six years ending on 30 June 2000. WT/TPR/S/169 Trade Policy Review 
Page 30 
 
 
 2000 2001 2002 2003 2004 
Ancillary charges 72 65 172 34 0 
Export duties 9 4 2 1 19 
TCAE 57 85 61 49 74 
Timber fee 1,286 2,004 2,946 7,651 10,103 
Automation fee 0 0 0 3 919 7,223 
Other revenue 102 1 10 39 145 
Total 31,013 43,165 41,134 45,401 52,775 
VAT 26,032 36,180 32,419 25,541 26,481 
Total, budgetary 67,832 95,370 83,585 70,943 79,256 
Timber levy 410 579 825 156 0 
Road fund 21 32 50 54 67 
Municipal tax 362 89 114 91 222 
Statistical tax 235 353 338 407 632 
TPC 66 81 81 19 0 
TCI 372 557 1,947 1,869 1,936 
CCI 0 0 0 0 945 
A.R. 7 0 0 44 1 
T.H.B. 1,472 1,691 3,355 2,639 3,802 
Total, overall 69,303 97,061 86,939 73,582 83,058 
Source : Congolese authorities. 
The applied MFN tariff 
17. Congo's 2006 applied MFN tariff ha s 5,794 8-digit lines (Table AIII.1).  It is based on the 
2002 version of the Harmonized Commodity Description and Coding System (HS) (Table III.2).  In the CEMAC CET rates vary according to the category of product:  basic necessities (5 per cent);  raw 
materials and capital goods (10 per cent);  intermedia te and other (20 per cent) ;  and final consumer 
goods (30 per cent).  The zero rate is applied to 32  tariff lines relating to products covered by the 
Florence Agreement adopted by UNESCO
25 and to cement26, that is, a total of 37 lines. 
Table III.2 
MFN tariff structure, 2006 
    2006 Uruguay Rounda 
1 Tariff lines bound (as a percentage of all tariff lines) 17.8 17.8 
2 Tariff lines eligible for duty-free entry (a s a percentage of all tariff lines) 0.6 0.0 
3 Duties other than ad valorem (as a percentage of all tariff lines) 0.0 0.0 
4 Tariff quotas (as a percentage of all tariff lines) 0.0 0.0 
5 Duties other than ad valorem without any AVE (as a percentage of all tariff 
lines) 0.0 0.0 
6 Simple average rate 18.7b 27.4 
  Agricultural products (W TO definition) 23.0 30.0 
  Non-agricultural products (WTO definition)c 17.9 14.3 
  Agriculture, fishing, hunting and forestry (ISIC 1) 23.7 300 
  Mining and quarrying (ISIC 2) 11.4 n.a. 
  Manufacturing (ISIC 3) 18.4 26.2 
7 National tariff peaks (as a percentage of all tariff lines)d 0.0 0.0 
  Table III.2 (cont'd)
                                                      
25 Act No. 28/94-UDEAC-556-CD-56. 
26 Law No. 20-2004 of 30 December 2004 re-established the CET on imported cement, but in practice 
the zero rate remains provisionally applied. Republic of the Congo WT/TPR/S/169 
 Page 31 
 
 
    2006 Uruguay Rounda 
8 International tariff peaks (as a percentage of all tariff lines)e 50.9 87.9 
9 Overall standard deviati on of rates applied 9.6 7.1 
10 Nuisance duties (as a percentage of all tariff lines)f 0.0 0.0 
n.a. Not applicable. 
a Indicators 2 to 10 are based solely on the 1,031 bound tariff lines. 
b Does not include the duties and taxes additional to the cu stoms duty applied under the CACEU Common External Tariff (CET). 
c Excludes petroleum. d National tariff peaks are duties that are higher than three ti mes the simple average of the rates applied (indicator 6). 
e International tariff peaks are duties that exceed 15 per cent. 
f Nuisance duties are rates that are not zer o but less than or equal to 2 per cent. 
Source : WTO Secretariat calculations  based on data provided by the Congolese authorities. 
18. The simple average of the MFN tariff rates a pplied is 18.7 per cent in 2006 (Table III.1).  
Agricultural products (WTO definition) are subject to heavier taxation (sim ple average 23 per cent) 
than non-agricultural products (simple average 17.9 per cent).  Under the ISIC (Rev. 2) definition, 
agriculture remains the most protected sector (with  an average tariff of 23.7 per cent), followed by 
manufacturing (18.4 per cent) and mining (11.4 pe r cent).  Agricultural products account for a 
substantial proportion of the expendi ture of consumers, especially those on low incomes, and their 
heavy taxation adds to the cost. 
19. The coefficient of variation of 0.51 indicates a moderate dispersion of the applied MFN tariff 
rates (Chart III.1).  Overall, the tariff displays mixed escalation, which is negative from raw materials 
(as a result of the relatively high degree of protec tion afforded to agricultural products), with an 
average level of protection of 20 per cent, to semi-fi nished goods, with an average level of protection 
of 15.2 per cent, and then positive, with an average tariff rate of 20.4 per cent, for finished products 
(Table III.3).  However, a more detailed breakdown reveals positive escalatio n in most industries, 
with the exception of wood and articles of wood and non-metallic mineral products (Chart III.2), the 
two largest categories of Congolese exports (Chapter I(3)). WT/TPR/S/169 Trade Policy Review 
Page 32 
 
 
 
Table III.3 
Customs tariff according to degree of  processing,a 2006 
Products  Number of lines  Average  Range  
Raw materials 822 20.0 5-30 
Semi-finished products 1,889 15.2 0-30 
Finished products 3,083 20.4 0-30 
Total 5,794 18.7 0-30 
a International Standard Industrial Classification (ISIC), revision 2. 
Source : WTO Secretariat calculations  based on data supplied by the Congolese authorities. 
20. Apart from customs duty, goods released for consum ption are subject to several other taxes, 
namely:  the 2 per cent automation fee (Section (2)(ii));  the 1 per cent CEMAC Community integration tax or levy (TCI/PCI)
27, applicable to imports originating in countries outside the CEMAC 
and released for consumption;  the 0.2 per cent sta tistical tax applicable to goods of all origins28;  the 
0.05 per cent OHADA levy applicable  to goods of all origins29;  and the 0.04 per cent Community 
integration contribution (CCI) applicable to im ports originating in countries outside the CEEAC.30  
These various charges bring the simple average of import duties and charges (including customs duties) to about 22 per cent.  Imports are also su bject to a 5 per cent levy by way of an advance 
payment on income taxes or the flat-rate taxes payable in their stead.  There is a 15 per cent tax on 
                                                     
 
27 Additional Act No. 03/00-CEMAC 046-CM-05. 
28 Order No. 0601/MF/DGCRF of 19 January 1982. 
29 Order No. 5808/MEFB-CAB of 20 September 2005. 
30 Decision No. 05/CEEAC/CCEG/X/02 of the CEEAC Conference of Heads of State and Government. (0.6) (3.6) (44.9)
(12.7)(38.2) 
0 500 1,000 1,500 2,000 2,500 3,000 3,500 
Duty free  5 10 20 30 0102030405060708090100
 
 Chart III.1  
Distribution of applied MFN duties, 2006
Number of tariff lines  
Note:     Figures in parenthesis represent the percentage of total lines.
 
Source:   WTO Secretariat calculations based on inform ation provided by the Congolese authorities.Per cent
Number of lines  
Cumulative percenta ge (right-hand scale )Republic of the Congo WT/TPR/S/169 
 Page 33 
 
 
imports of wood products and pr oducts derived from wood, with the exception of those intended to 
supply local industries.31 
0510152025303540Chart III.2
Escalation of applied MFN tariff rates, 2006
Per cent
Not applicabl eUnprocessed
productsSemi-processedproductsFinished products
Note:
Source : Product groups defined by the 2-digit ISIC.
 WTO Secretariat calculations based on data provided by the Congolese authorities.
All product s
Agricultur e
Mining and quarryin g
Food products ,
beverages and tobacc o
Textiles an d
clothin g
Wood and woo d
products
Paper and pape r
products;  publishin g
and printin g
Chemica l
products
Non-metallic minera l
products
Basic meta l
industr y
Metal products ,
machinery an d
equipmen t
Othe r
manufacturin gNot applicabl e
 
 
Binding of MFN import duties and taxes 
21. During the Uruguay Round, the Congo bound 1,031 HS 6-digit tariff lines, or 17.8 per cent of 
the total (Schedule CVI).  Resulting solely from the Uruguay Round, as the Congo had no previous specific tariff commitments, these bindings cover all agricultural products, like those of other WTO Members, and a few non-agricultural products.  Ag ricultural products were bound at the ceiling rate 
of 30 per cent, with only a small differe nce between bound rates and applied rates.
32  With respect to 
the few non-agricultural products concerned (wool fabr ics, umbrellas, wigs, locomotives, etc.), the 
Congo generally bound its tariff rates at the applied level.  However, the applied rate of 30 per cent on 
cool boxes (HS 39239010) exceeds the 10 per cent bound fee. 
22. The other duties and taxes on the products aff ected by tariff commitments were bound at the 
zero rate, although the Congo is currently applying some of them to imports (Section (2)(iv)(a)). 
                                                      
31 Order No. 6384/MEFB of 31 December 2002. 
32 Consolidated Tariff Schedules (CTS) Database.  This database was established pursuant to a 
decision, taken on 27 November 1998, of the WTO Committee on Market Access.  It contains all the 
information on tariff concessions (relating to goods) in a format convenient for purposes of analysis 
(MS-Access 97), albeit without prejudging the legal st atus of those concessions. WTO Members can amend 
information held under their names. WT/TPR/S/169 Trade Policy Review 
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(b) Internal taxes 
23. Since 1997, in accordance with CEMAC regulations33, the Congo has applied VAT at the 
standard rate of 18 per cent34;  the exemption granted to the petroleum-related activities of companies 
approved under the Hydrocarbons Code and thei r subcontractors has been codified since 1999.35  
VAT is assessed on goods released for consumpti on, whatever their origin (including goods of 
CEMAC or CEEAC origin), on the basis of the c.i.f. value plus import duties and taxes, including excise duty, where appropriate, but excluding the advance tax payment
36;  local products are taxed on 
the basis of the ex-factory price.37 
24. Some staples are, in principle, exem pt from VAT (as well as customs duties).38  I n p u t s ,  
machinery and equipment for use in the agro-pastor al and fisheries sector are temporarily exempt 
from VAT, until the end of 2006.39  Moreover, some locally produced goods, such as wheat flour 
produced by MINOCO40 and mineral water produced by SN PLASCO, are exempt from VAT, unlike 
competing imports.  Altogether, according to the S ecretariat's estimates, VAT is applied to 4,949 of 
the 5,794 lines in the Congo tariff.  Exports are zero-rated (see below). 
25. In accordance with CEMAC regulations41, the Congo levies a 24 per cent excise duty on, 
among other things, beverages, tobacco and preciou s stones (Table AIII.2).  The excise duty is 
calculated on the basis of the c.i.f. value plus import duties, whatever the origin of the goods.  
Altogether, according to the Secretariat's estimates, excise duty is applied to 107 of the 5,794 lines of 
the Congo tariff. 
(c) Duty and tax preferences 
26. The Congo grants preferences, under the CEMAC generalized preferential tariff (TPG), to 
originating products accompanied by a CEMAC movement  certificate (Section (2)(iii));  in principle, 
preferences will also be granted to products orig inating in CEEAC member countries once the latter's 
preferential tariff becomes operational (Chapter II(3)(ii)).42 
                                                      
33 Act No. 1/92-UDEAC-556-CD-SE1, amended by Act No. 4/94-UDEAC-556-CD-SE1 and 
Act No. 1/96-UDEAC-556-CD. 
34 Law No. 12-97 of 12 May 1997, as amended by successive finance laws. 
35 Decree No. 99-186 of 26 October 1999, repealed by Decree No. 2001-522 of 19 October 2001.  The 
equipment and products that can be admitted free of duties and taxes for mineral and oil exploration purposes 
are listed in Annex IV to Chapter V, General Tax Code. 
36 Article 13, Texts relating to VAT, General Tax Code. 
37 Article 12, Texts relating to VAT, General Tax Code. 
38 Annex III, Texts relating to VAT, General Tax Code.  The goods concerned include:  wheat flour;  
milk;  bread;  meat and poultry;  infant food;  powder ed milk;  medicaments;  medical appliances and invalid 
carriages;  spectacles;  books;  fertilizers, insecticides and pesticides. 
39 Law No. 33-2003 of 31 December 2003. 
40 Law No. 20-2004 of 30 December 2004 extend s the exemption from VAT to within CEMAC. 
41 Act No. 1/92-UDEAC-556-CD-SE1, amended by Act No. 4/94-UDEAC-556-CD-SE1 and Act 
No. 1/96-UDEAC-556-CD.  The products liable to excise  duty are listed in Annex II to Chapter V, General Tax 
Code. 
42 Pursuant to Decision No. 03/CEEAC/CCEG/XI/04, the implementation of the TPG is to be spread 
out over three and a half years from 1 July 2004 to 1 January 2007.  The allowance would be:  100 per cent for 
traditional handicraft products and local products, other than mining products, from 1 July 2004;  and in the case 
of mining products and manufactured products, 50 per cent from 1 July 2004, 70 per cent as of 1 January 2005;  90 per cent as of 1 January 2006, and 100 per cent as of 1 January 2007. Republic of the Congo WT/TPR/S/169 
 Page 35 
 
 
(d) Duty and tax exemptions and concessions 
27. The Congo grants conditional relief from du ties and taxes to goods placed under the 
following procedures:  transit;  temporary admission43, and customs warehousing.  It grants exemption 
from customs duties to enterprises approved under the National Investment Charter (Chapter II(4)(i)), 
the Forestry Code (Chapter IV(2)(iii)(c)), the Mini ng Code (Chapter IV(3)(i)), and the Hydrocarbons 
Code (Chapter IV(3)(ii)).  Diplomatic missions, in ternational NGOs, and public contracts financed by 
external funds are exempt from VAT and, where appropriate, excise duty.  Agricultural inputs, 
machinery and equipment are exempt from duties and taxes until 200644.  The loss of revenue 
attributable to exemptions amounted to CFAF 109 billion in 2005 (Table III.4).  During the period 
2000-2005, the petroleum sector accounted for about 75 per cent of the total amount of exemptions. 
Table III.4 
Exemptions from various duties and taxes, 2000-2005 
(CFAF million) 
 2000 2001 2002 2003 2004 2005 
Exemptions granted to the petroleum sector 38,480 36,052 43,711 30,490 36,057 91,166 
Statutory exemptions (CACEU Act 2/92) 1,314 3,973 4,100 4,378 6,715 5,569 
Contribution to investment: 4,931 8,459 9,841 9,993 6,562 8,056 
- Duty-free admission under public contracts 2,190 4,112 5,662 3,660 3,644 2,282 
- Exemption granted to MINOCO 0 0 0 0 206 1,486 
- Exemption granted to PLASCO 0 0 0 0 0 166 
Exceptional exemptions 1,673 6,645 1,738 1,094 2,752 4,166 
Grand total 46,398 55,219 59,390 45,955 52,086 108,957 
Source :  Congolese authorities. 
(v) Prohibitions, quantitative restrictions and licences 
28. The Congo has not notified the WTO of its prohi bition, authorization and import licensing 
regimes.  The prohibition regime c oncerns, in particular, food waste45 and dangerous and war-related 
toys.46  Controls are imposed, through import permits, in order to protect consumers, live animals, 
plants and the environment, in particular within the framework of the international conventions to 
which Congo is a signatory.47 
29. A law adopted by Parliament, but not yet pr omulgated at the time this report was being 
finalized in July 2006, would substantially ame nd certain aspects of the licensing regime in force.48  
The regime in place since 1994 distinguishes between the import licence and the import declaration:  the import licence "applies to staple products an d approved products in competition with local 
industries and any other product listed in the regulations"
49,  whereas the import declaration applies to 
all other products and is used for statistical purpo ses.  However, since the decree implementing the 
1994 law has never been adopted, import licences are currently required for some dozen staples:  
                                                      
43 For example, equipment imported for mineral prospecting purposes is eligible for the temporary 
admission procedure. 
44 Law No. 33-2003 of 30 December 2003. 
45 Decree No. 2001-524 of 19 October 2001.  The following, in particular, are affected:  old frozen 
meat and fish;  turkey rumps;  high -fat meat, in particular "capas";  cuts of meat, shaved or skinned " rasées ou 
épluchées ";  and chicken feet. 
46 Circular No. 931/MCCA-CAB of 19 November 2003. 
47 http://www.wto.org/English/tratop_e /envir_e/membershipwtomeas_e.doc. 
48 Law No. 7-94 of 1 June 1994. 
49 Article 10 of Law No. 7-94 of 1 June 1994. WT/TPR/S/169 Trade Policy Review 
Page 36 
 
 
meat, poultry, saltwater fish, salted fish, wheat flour, edible oils, salt, mineral water, sugar, rice, and 
tomato concentrate.50  The purpose of this regime, linked w ith price authorization (Section (4)(ii))51, is 
to control the supply and prices of the goods in qu estion on the domestic market.  On the other hand, 
the import declaration is applied in accordance with the 1994 law.  Moreover, a prior import 
declaration (DPI) is required for all imports subject to pre-shipment inspection (Section (2)(ii) above). 
30. Sugar and wheat flour are the two products im ported under a quota.  Sugar marketing is a 
monopoly of SARIS-Congo.  If its produc tion (part of which is exported) were to prove insufficient to 
meet local demand, SARIS-Congo would issue import licences to private-sector operators to relieve 
the shortage (Chapter IV(2)(iii)(a)).  Otherwise the importation of sugar into the Congo is prohibited.  
Wheat flour is the subject of an import quota to  protect the national enterprise, MINOCO, from 
competition.  The National Commission on the Regulati on of the Flour Market has fixed the level at 
48,000 tonnes per year, with 12,000 tonnes being allocated at the beginning of each quarter.52 
31. The Congo imports all the pharmaceutical pr oducts consumed on its territory (about 
3,000 proprietary medicines).53  Private pharmacies are supplied by government-approved wholesale 
importers, whereas the State-owned Congolese Generic Drug Company (COMEGE) was set up in 
2005 to purchase generic drugs.  Before pharmaceuticals can be imported, various certificates must be 
obtained:  a marketing or market placement certificate (AMM);  a marketing or market placement renewal certificate (RAMM);  and a marketing or market placement extension certificate (EAMM). 
32. The Congo is no longer among the participants in the Kimberley Process on the importation 
and exportation of rough diamonds (Section (3)(iii)).
54  Nevertheless, trade in precious stones is 
subject to a licensing regime, albeit outside the framework of the Kimberley Process. 
(vi) Sanitary and phytosani tary (SPS) measures 
33. The Congo has not made any notification to the WTO concerning its SPS measures.  The 
Ministry responsible for health is in charge of  applying SPS measures relating to human health and 
food and the Ministry responsible for agriculture of  applying phytosanitary measures, in both cases in 
collaboration with the Ministry responsible for trade55, while the Ministry responsible for Agriculture 
is in charge of the protection of animal health.56  The Congo complies with the provisions of the FAO 
International Plant Protection Convention;  the C odex Alimentarius of the FAO and WHO;  and the 
provisions of the World Organization for Animal Health (OIE). 
                                                      
50 See the study financed by the International Tr ade Centre (ITC) on trade in food products, in 
collaboration with the Chamber of Commerce, Industry , Agriculture and Trades (CCIAM) of Pointe-Noire 
(2004). 
51 Order No. 16/MCAPMEA/CAB of 23 August 2000. 
52 The quota is allocated on a "first come, first served" basis with a maximum of 3,500 tonnes per 
importer per quarter.  Licences are valid for six months and are not subject to specifi c charges.  Printing costs 
are CFAF 7,500. 
53 Brazzaville economic missions of the French Embassy (2006). 
54 http://www.kimberleyprocess.com. 
55 Law No. 6/94 of 1 June 1994 on competition (Sec tion (4)(ii)) and Law No. 7/94 of 1 June 1994 on 
the trade regime (Section (2)(v)) provide th e regulatory framework for such measures. 
56 Decree No. 67/182 of 17 July 1967 concerns the animal health police and Law No. 17/67 of 
30 November 1967 concerns the penalties for rela ted infringements.  Order No. 4646/BE 47-14 of 
16 December 1968 concerns the impor tation of live animals and establis hes the obligation to obtain an 
authorization issued by the Veterinary Inspection Service;  Order No. 4645/BE 47-14 of 16 December 1968 regulates the movement of cattle on Congolese territory. Republic of the Congo WT/TPR/S/169 
 Page 37 
 
 
34. The importation and exportation of animal a nd plant products are subject to prior 
authorization and the issue of sanitary and phytosan itary certificates.  There is a phytosanitary police 
presence in the main customs offi ces to carry out plant controls.57  At the customs office in the capital, 
Brazzaville, a municipal tax is levied for the sanita ry inspection of imports of products for market 
sale.58  The principal SPS measures currently being app lied are those intended to protect against or 
combat bird flu.  They include the prohibition, since February 2005, of the importation of any live animal of the avian species (hens, turkeys, ducks , wild birds) and any product derived therefrom 
(meat, offal), of any origin;  previously, the C ongo imported about 18-20 tonnes of these goods a year.  
The SPS measure intended to combat ma d cow disease was repealed in 2004.
59 
(vii) Standardization, accreditation and certification 
35. The Congo has not made any notification to the WTO concerning its standardization regime 
or accreditation and certification procedures.  The "Congolese Centre for Industrial Standardization 
and Quality Control" project was set up in March 2000 and updated in 2003.60  Following this 
updating, the purpose of the project was "to help to ensure the competitiv eness of enterprises and 
protect the health of consumers and the environm ent by improving quality through support for the 
standardization system".61  Formally, however, "there has never been an explicit a nd coherent national 
industrial standardization and qualit y control policy";  technical assi stance is requested from the WTO 
to support the establishment of a suitable lega l and administrative framework to that end.62  T h e  
Congo is not a member of the Internatio nal Standardization Organization (ISO). 
(viii) Rules on packaging, marking and labelling 
36. The rules on marking and labelling are laid dow n in the law on competition (Section (4)(ii) 
below).63  Imports covered by a CEMAC product certificate must bear a mark identifying the 
CEMAC country in which they originated (Section (2)(iii)). 
(ix) Contingency measures 
37. The Congo has not made any notification to the WTO concerning contingency measures and 
the country has no national anti-dumping, countervai ling or safeguard legislation.  The Congo has 
never taken any contingency measure. 
(x) Other measures 
38. According to the authorities, there is no provisi on prescribing local content for the purpose of 
obtaining tax, customs or financial concessions (a mong others).  No agreement has been concluded 
with foreign governments or enterprises with a view to influencing the quantity or value of goods and 
services exported to the Congo.  Likewise, the au thorities are unaware of any such agreements 
                                                      
57 Order No. 3401 of 23 June 1976. 
58 Decision No. 17 of 16 September 2004 of th e Department of Brazzaville, amending Decision 
No. 5/67 of 28/07/1967 instituting a health inspection tax on imports of products for market sale. 
59 The suspension of the importation of bovine meat produced in the countries of the European Union, 
in place since 20 March 2001 pu rsuant to Order No. 1265 of the Ministry respons ible for trade, was lifted by 
Order No. 7631 of the Ministry responsible for trade of 5 August 2004. 
60 Draft order communicated by the Congolese authorities. 
61 Article 2, draft order communicated by the Congolese authorities. 
62 Government of the Congo, Ministry of Industrial Development, responsible for the promotion of the 
domestic private sector (1999), and Order No. 339/MDIPSN/CAB of 3 March 2000. 
63 Law No. 6-94 of 1 June 1994. WT/TPR/S/169 Trade Policy Review 
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between Congolese and foreign enterprises.  The Congo participates in the international trade 
sanctions decided upon by UN Security Council a nd the regional bodies of which it is a member. 
(3) MEASURES DIRECTLY AFFECTING EXPORTS  
(i) Customs procedures 
39. The registration formalities required to import goods for commercial purposes also apply to 
exports (Section (2)(i) above).  Export operations ca n be carried out only by traders holding a card 
marked "exporter".  The export of forest products is  subject to special conditions of approval, except 
in the case of forestry enterprises.64  Owners of mining titles may transport and export the minerals 
concerned65,  and export operations may also be ca rried out by officially approved offices.66  Special 
conditions apply to person s who have received approval to export petroleum products or to engage in 
transit and re-exportation activities involving these products.67 
40. The pre-shipment inspection regime, entruste d to COTECNA (Section (2)(ii)), applies to 
exports as well as imports. A customs declaration mu st be made out for all exports.  A document 
concerning the foreign exchange undertaking endor sed by the bank with which the transaction is 
domiciled is also required for all export operations.  The foreign exch ange undertaking consists in the 
obligation to repatriate export earnings, from c ountries outside CEMAC, and convert them into 
CFA francs within 30 days of the goods being shipped. 
41. In support of the customs declaration, expo rters of forest products must also produce 
specification sheets certified by the water resources and forestry administration.  These specification 
sheets "contain the product references, the name of the holder of the contract or permit and his tax 
category, indicated by his triangular hammer mark".68  The tax is collected by customs from the 
exporter, on presentation of the specification sheet. 
(ii) Export duties and taxes 
42. Merchandise exports are subject to several export duties and taxes, in particular:  the 2 per 
cent automation fee;  the 2 per cent supplementary exit duty (DAS), from which certain products are 
exempt (Table AIII.3);  and the 2 per cent levy on  rough diamonds (Section (3)(iii)).  Timber is taxed 
as follows:  a 1 per cent levy for the public servi ce responsible for controlling forest product exports69, 
the tax on timber exports assessed on the basis of the transport costs associated  with the four forest 
exploitation zones (Chapter IV(2)(iii)(c))70, the f.o.b. value, the species and the degree of processing.  
In addition, there is a 15 per cent surcharge on rough timber exported over and above the quota of 
85 per cent of the production of each forestry enterprise (Section (3)(iii))71, as well as the contribution 
to the road fund assessed on timber for export or in transit.72  The tax base is the f.o.b. value. 
                                                      
64 Articles 127 and 128 of Decree No. 2002-437 of 31 December 2002. 
65 Article 78 of Law No. 2005-4 of 11 April 2005. 
66 Article 80 of Law No. 2005-4 of 11 April 2005. 
67 Decree No. 2002-265 of 1 August 2002.  Decree No. 2005-83 of 28 December 2005 establishes a fee 
of CFAF 500 million for obtaining approval to engage  in export activities, and a fee of CFAF 700 million for 
approval to engage in transit and re-exportation activities. 
68 Article 135 of Decree No. 2002-437 of 31 December 2002. 
69 Article 78 of Law No. 2005-4 of 11 April 2005. 
70 Order No. 6383/MEFB of 31 December 2002 and Order No. 6387 /MEFB of 31 December 2002. 
71 Order No. 2731/MEFE/MEFB of 17 March 2004. 
72 The contribution is CFAF 75/m3 for Congolese timber, CFAF 250/m3 for timber from outside the 
CEMAC, and CFAF zero/m3 for CEMAC timber. Republic of the Congo WT/TPR/S/169 
 Page 39 
 
 
(iii) Export prohibitions, restrictions, controls and licences73 
43. An export declaration must be filed fo r all goods being expor ted or re-exported.74  Under the 
Forestry Code, only processed wood in the fini shed or semi-finished state may be exported75, but in 
practice each forestry enterprise is required to li mit rough timber exports to 15 per cent of its total 
production volume.  This threshold is often exceeded , triggering payment of the 15 per cent surcharge 
(Section (3)(ii)).  In 2004, about 84 per cent of w ood exports (in volume terms)  were in rough timber 
form. 
44. Under the Mining Code, every shipment of preci ous minerals requires an export authorization 
issued by the central mining authority.76  The Congo, which had been participating in the Kimberley 
Process (KP) for the diamond trade since 10 June 2003, was suspended as from 9 July 2004, 
following a KP working mission which concluded that the country was not complying with the 
provisions of the diamond certification regime.77  Nevertheless, trade in precious materials, including 
rough diamonds, is subject to licensing. 
(iv) Export subsidies, promotion and assistance 
45. The State grants various tax concessions to enterprises in the petroleum subsector 
(Chapter IV(3)(ii)), as well as to enterprises admitted to the Investment Charter regime 
(Chapter II(4)(i)), which also covers commercial ac tivities connected with the collection, storage, 
distribution and exportation of locally manufactur ed products (with the exception of alcoholic 
beverages and tobacco goods) (Table II.3).  SARI S-Congo, the sole domestic sugar producer, also 
benefits from preferential tariff quotas for exports  to the United States (7,258 tonnes) and the 
European Union (13,000 tonn es) (Chapter IV(2)(iii)(a)). 
46. Exports are zero-rated for VAT and benefit from the conditional relief procedure, on the same 
conditions as imports with respect to import duties and subject to the actual exportation of the goods 
concerned.  In particular, the exportation of petr oleum products gives entitlement to the deduction of 
the VAT levied upstream on purchases of the goods  and services used in the production of the 
quantities concerned.78 
47. The task of the Congolese Foreign Trade Centre (CCCE), created in 200679, is to promote 
exports, support economic operators  by providing them with market access information, and develop 
partnership agreements.  The CCCE supports the participation of Congolese economic operators in 
trade fairs and similar events. 
                                                      
73 Law No. 7-94 of 1 June 1994. 
74 Article 18 of Law No. 7-94 of 1 June 1994. 
75 Article 48 of Law No. 16-2000 of 20 November 2000. 
76 Article 80 of Law No. 4-2005 of 11 April 2005. 
77 "Kimberley Process Removes the Republic of Congo from the List of Participants", News Release, 
9 July 2004, No. 004.  Available at:  http://www.kimberleyprocess.com [12 May 2006]. 
78 Article 36 of Law No. 12-1997 of 12 May 1997, and Decree No. 2001-522 of 19 October 2001. 
79 Law No. 23-2005 of 30 December 2005. WT/TPR/S/169 Trade Policy Review 
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(4) MEASURES AFFECTING PRODUCTION AND TRADE  
(i) Protection of intellectual property rights 
(a) Overview 
48. The Congo is a member of the African Intell ectual Property Organization (OAPI), set up by 
the Bangui Agreement (1977).80  The Congo ratified the revised Bangui Agreement (1999) in 2001.81  
This Agreement entered into force on 28 February  2002 and applies in the Congo, pursuant to the 
2002 Constitution (Chapter II(1)(i)), as an automatica lly enforceable State law.  In addition to the 
revised Bangui Agreement (1999), the Congo has nationa l legislation on copyright and related rights. 
49. At the same time as the revised Bangui Agreemen t (1999) entered into force, Annexes I to 
VIII also came into effect.  Th ese cover the following areas:  pate nts (Annex I);  utility models 
(Annex II);  trademarks and service marks (Annex III);   industrial designs (Annex IV);  trade names 
(Annex V);  geographical indications (Annex VI);  copyright and related rights (Annex VII);  and 
protection against unfair competition (Annex VIII).  A nnex X on new plant varieties, which must be 
patentable pursuant to Article 27 of the TRIPS Agre ement, entered into force on 1 January 2006.  The 
OAPI Administrative Council has deferred the entry into force of Annex IX dealing with layout-
designs (topographies) of integrated circuits, for which protection must be provided under Article 35 
of the TRIPS Agreement, because of the lack of the necessary competence to examine applications for 
protection that might be filed under the Annex.  
50. The Bangui Agreement does not in principle allow parallel imports.82  Nevertheless, an ex 
officio licence may be granted when this is of v ital interest for the economy of the country, public 
health or national defence.83 
51. The revised Bangui Agreement (1999) allows th e national authorities to impose sanctions for 
infringements of intellectual property rights.  Th e penalties for counterfeiting have been sharply 
increased in order to enhance their deterrent effect (Table III.5).84  Repeat offenders may receive 
terms of imprisonment ranging from one to six mont hs.  The penalties may only be imposed by the 
competent Office of the Public Prosecutor upon the lodging of a complaint by the injured party. 
                                                      
80 The Bangui Agreement (1977) established the Afri can Intellectual Property Organization (OAPI) to 
replace the African and Malagasy Indust rial Property Office, set up in 1 962.  The members of the OAPI are 
Benin, Burkina Faso, Cameroon, Central African Repub lic, Chad, Congo, Côte d'Ivoire, Equatorial Guinea, 
Gabon, Guinea, Guinea-Bissau, Mali, Mauritania, Niger, Senegal and T ogo.  See http://www.oapi.wipo.net. 
81 Law No. 7-2001 of 19 October 2001. 
82 Article 7 of the revised Bangui Agreement (1999). 
83 Article 56 of the revised Bangui Agreement (1999). 
84 Under the 1977 Bangui Agreement, no penalty could be applied if, at the end of a period of five 
years from the filing of the application for a patent, the patent had not been worked.  This provision has been eliminated in the revised Bangui Agreement (1999). Republic of the Congo WT/TPR/S/169 
 Page 41 
 
 
Table III.5 
Fines and terms of imprisonment under the Ba ngui Agreement (1977) and its revision (1999) 
Offence Bangui Agreement (1977) Revised Bangui Agreement (1999) 
Infringement of patents Fine of CFAF 30,000 to 50,000 and, if the offence is 
repeated, a term of imprisonment of 1 to 6 months Fine of CFAF 1,000,000 to 3,000,000 
and, if the offence is repeated, a term of imprisonment of 1 to 6 months 
Infringement of utility models Fine of CFAF 30,000 to 180,000 and, if the offence 
is repeated, a term of imprisonment of 1 to 6 monthsFine of CFAF 1,000,000 to 6,000,000 
and, if the offence is repeated, a term of 
imprisonment of 1 to 6 months 
Unlawful exploitation of registered trademarks Fine of CFAF 50,000 to 150,000 and/or a term of 
imprisonment of 1 month to 1 year Fine of CFAF 1,000,000 to 3,000,000 
and a term of imprisonment of 3 months to 2 years 
Unlawful use of compulsory marks and prohibited signs Fine of CFAF 50,000 to 100,000 and/or a term of 
imprisonment of 15 days to 6 months Fine of CFAF 1,000,000 to 2,000,000 
and a term of imprisonment of 15 days 
to 6 months 
Infringement of industrial designs Fine of  CFAF 50,000 to 300,000 and, if the offence 
is repeated, a term of imprisonment of 1 to 6 monthsFine of CFAF 1,000,000 to 6,000,000 
and, if the offence is repeated, a term of 
imprisonment of 1 to 6 months 
Infringement of rights in trade names Fine  of CFAF 50,000 to 300,000 and/or a term of 
imprisonment of 3 months to 1 year Fine of CFAF 1,000,000 to 3,000,000 
and/or a term of imprisonment of 3 months to 2 years 
Infringement of rights in appellations of origin Fine of CFAF 50,000 to 300,000 and/or a term of 
imprisonment of 3 months to 1 year Fine of CFAF 1,000,000 to 6,000,000 
and/or a term of imprisonment of 3 months to 1 year 
Layout-designs (topographies) of integrated circuits
a n.a. Fine of CFAF 1,000,000 to 6,000,000 
and/or a term of imprisonment of up to 
6 months 
Protection of new plant varietiesa n.a. Fine of CFAF 1,000,000 to 3,000,000 
and/or a term of imprisonment of 1 to 
6 months 
a The regime under the revised Bangui Agreement is not in force. 
n.a. Not applicable. 
Source : WTO Secretariat. 
 
52. Starting in 1995, the Congo availed itself of th e transitional arrangemen ts under Article 65 of 
the WTO's TRIPS Agreement in order to be able to  delay full implementation of the Agreement (other 
than Articles 3, 4 and 5) until the year 2000.  Co ngo has notified the Bangui Agreement (1999) to the 
WTO.85 
(b) Industrial property 
53. In undertaking the revision of the Bangui Agre ement, the member States of the OAPI wished 
"to make its provisions consistent with the require ments of international intellectual property treaties 
to which the member States belong, in particular  the TRIPS Agreement;  to simplify procedures for 
issuing titles;  to broaden the scope of pr otection;  and make good certain legal gaps".86  The subjects 
and terms of protection have been modified in order to harmonize them with the provisions of the 
                                                      
85 WTO documents IP/N/1/COG/C/2, IP/N/1/COG/ C/1, IP/N/1/COG/C/2 of 29 April 2002. 
86 OAPI (undated). WT/TPR/S/169 Trade Policy Review 
Page 42 
 
 
TRIPS Agreement (Table III.6).  The revised Ba ngui Agreement (1999) has sharply increased the 
penalties for counterfeiting with the aim of enhancing their deterrent effect.87 
Table III.6 
Subjects and terms of protection under the Ba ngui Agreement (1977) and its revision (1999) 
Agreement Bangui Ag reement (1977) Bangui Agreement (1999) 
Patents 10 years, renewable for a maximum of two 
further periods of 5 years 20 years 
Utility models 5 years 10 years 
Trademarks or service marks 10 years, renewable every 10 years 10 years, renewable every 10 years 
Industrial designs 5 years 5 years, renewable twice 
Trade names 10 years, renewable every 10 years 10 years, renewable every 10 years 
Appellations of origin n.a. n.a. 
Literary and artistic property   
Copyright Lifetime of the author + 50 ye ars Lifetime of the author + 70 years 
Films, radio and audiovisual programmes 50 years 70 years 
Photographs 25 years 25 years 
Related rights for performances n.a. 50 years 
Related rights for phonograms n.a. 50 years 
Related rights for radio broadcasts n.a. 25 years 
Layout-designs (topographies) of integrated 
circuitsa n.a. 10 years 
Protection of new plant varieties n.a. 25 years 
a The regime under the revised Bangui Agreement regime is not in force. 
n.a. Not applicable. 
Source : WTO Secretariat. 
54. For each of its member States, the OAPI serves as the national industrial property office and 
provides a common system of administrative procedures for registering rights.  The procedure commences with the filing of an application which,  in the case of applicants domiciled outside the 
OAPI member States, must be submitte d to the OAPI, either through an  agent appointed in one of the 
member States or under the procedures la id down in the Patent Cooperation Treaty.
88  For applicants 
domiciled in Congo, applications are filed with th e National Industrial Property Office (ANPI) (part 
of the Ministry of Industrial Development, SMEs and Crafts), which acts as the national structure for 
liaison (SNL) with OAPI.  In 2004, the ANPI received 22 applications.89 
55. After the application has been received by its Director General, the OAPI initiates the 
procedure, registers the application and examines it.  Any decision to reject an application may be the 
subject of an appeal to the High Commission for Appeals, whose decision is final.  If a patent is issued, the relevant rights remain in force subject to  payment of the requisite fees to the OAPI.  Where 
there is a dispute, the national courts alone are empowered to rule on the plaintiff's case. 
                                                     
 
87 Under the terms of the 1977 Bangui Agreement, no pe nalty could be applied if, at the end of a period 
of five years from the filing of the application for a patent, the patent had not been worked.  This provision has been eliminated in the revi sed Bangui Agreement (1999). 
88 The lists of approved agents are available on the OAPI site (http ://www.wipo.oapi.net). 
89 Including 3 subsidized patent applications, 10 trademark applications, 8 trade name applications and 
1 prior right search.  See ANPI (2005). Republic of the Congo WT/TPR/S/169 
 Page 43 
 
 
56. In the Congo, counterfeiting and appellations of origin are two of the subject matters covered 
by the regulatory framework for competition policy (Section (ii) below). 
(c) Copyright and related rights 
57. The Congo's copyright regulations date back to 1982.90  They are not harmonized either with 
Annex VII to the revised Bangui Agreement (1999) or  with the relevant provisions of the WTO's 
TRIPS Agreement.  For example, under the Congolese re gime, the term of copyright protection is the 
lifetime of the author plus 50 years after his death, whereas the term is 70 years under the revised Bangui Agreement (1999). 
58. Copyright and related rights are administered and protected by the Congolese Copyright 
Bureau (BCDA), established in 1986
91 under the authority of the Minister responsible for culture and 
the arts.  The BCDA has 1,493 members and distribu tes royalties from mechanical rights to nationals 
and foreigners (CFAF 4 million in 2004).  Efforts are apparently being made to combat the pirating of 
musical works, in particular by introducing hol ograms or stickers which will make it easier to 
distinguish between authentic phonograms and pi rated copies.  The BCD A is also the sole 
organization empowered to issue authorizations fo r cultural events on Congolese territory.  Cultural 
activities in the Congo are supported by the Na tional Cultural Development Fund (FONADEC), 
which is partly financed from the income of the BCDA. 
(d) Multilateral intellectual property protection treaties 
59. The Congo not only belongs to the OAPI but has also been a member of the World 
Intellectual Property Organization (WIPO) since 9 July 1973.92  The revised Bangui Agreement 
(1999) recommends that its members accede to certa in agreements, treaties and conventions, but the 
Congo has not complied fully in this respect (Table III.7);  technical assistance is sought by the authorities for this purpose. 
Table III.7 
The Congo and the intellectual property protec tion treaties administered by WIPO, 2006 
Treaty Undertaking to adhere to 
treaties under the 1999 
Bangui Agreement Date of accession 
Protection of intellectual property 
Berne Convention Yes 8 May 1962;  2 September 1975 for the 
Paris revision 
Brussels Convention No Non-signatory 
Film Register Treaty  No Non-signatory 
Madrid Agreement (Source) No Non-signatory 
Nairobi Treaty Yes 8 March 1983 
Paris Convention Yes 2 Septembe r 1963;  2 September 1975 for the 
Stockholm revision 
Patent Law Treaty (PLT) No Signatory 
Phonograms Convention No Non-signatory 
Rome Convention Yes 10 June 2003 
Trademark Law Treaty No Non-signatory 
Washington Treaty No Non-signatory 
  Table III.7 (cont'd)
                                                      
90 Law No. 24/82 of 7 July 1982. 
91 Decree No. 86/813 of 11 June 1986. 
92 Ordinance No. 24-73 of 9 July 1973. WT/TPR/S/169 Trade Policy Review 
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Treaty Undertaking to adhere to 
treaties under the 1999 
Bangui Agreement Date of accession 
WCT  No Non-signatory 
WPPT  No Non-signatory 
Global protection system 
Budapest Treaty Yes Non-signatory 
Hague Agreement Yes Non-signatory 
Lisbon Agreement Yes 8 August 1977 
Madrid Agreement (Marks) Yes Non-signatory 
Patent Cooperation Treaty Yes 24 January 1978 
Classification 
Locarno Agreement No Non-signatory 
Nice Agreement No Non-signatory 
Strasbourg Agreement No Non-signatory 
Vienna Agreement No Non-signatory 
Memorandum item: 
International Convention for the 
Protection of New Varieties of Plants Yes Non-signatory 
Lisbon Agreement Yes 8 August 1977 
Madrid Agreement (Marks) Yes Non-signatory 
Patent Cooperation Treaty Yes 24 January 1978 
Classification 
Locarno Agreement No Non-signatory 
Nice Agreement No Non-signatory 
Strasbourg Agreement No Non-signatory 
Vienna Agreement No Non-signatory 
Memorandum item: 
International Convention for the 
Protection of New Varieties of Plants Yes Non-signatory 
Source : WIPO and Preamble to the Bangui Agreement (1999).  
(ii) Competition policy 
60. The Congo does not have any comprehensive comp etition policy.  Some aspects are covered 
by the current regulatory framework, which dat es from 1994, namely:  pricing regimes for products, 
goods and services of all kinds;  market transpar ency;  anti-competitive practices (although these 
provisions have not yet been implemented);  tradi ng standards;  stockholding;  and the investigation 
and repression of fraud.93 
61. In principle, prices are determined by the free play of competition, except in the case of the 
authorization regime for staple foods (Section (2 )(v)).  The authorization process consists in the 
approval of maximum selling prices by the Ministry responsible for trade, on the basis of a breakdown 
provided by the economic operator, in accordance with  the price structure and statutory profit ratios.94  
Authorization must be obtained before the goods concerned can be offered for sale (Section (2)(v) 
above).95  The wholesaler importer must indicate the authorized retail selling price on his wholesale 
invoice.  The products subject to the price authori zation regime are:  meat, poultry, saltwater fish, 
                                                      
93 Law No. 6-94 of 1 June 1994. 
94 Law No. 5-94 of 1 June 1994. 
95 Circular Note No. 16/MCAPME/CAB of 23 August 2000. Republic of the Congo WT/TPR/S/169 
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salted fish, wheat flour, edible oils, cement, reinfo rcing bars, corrugated iron, salt, mineral water and 
sugar.96 
62. Consumer protection is also one of the obj ectives of the law, which focuses on market 
transparency and product quality.  For example, trad ers must inform consumers of the prices of the 
goods or services on offer and must provide an invoice upon request.  The law punishes offences such 
as counterfeiting and deceptive or misleading advertis ing concerning, in particular, adulterated or 
toxic products (thus the law touches on sanitary measures (Section (2)(vi)), dishonesty and fraud in 
the provision of services, and fraud relating to importation, production and sale.  The law on competition also deals with infringements connected with the exercise of the profession of trader and 
the application of the relevant provisions on domestic and foreign trade. 
63. It should be noted that price controls outside the framework of the exception regimes apply to 
petroleum products (Chapter IV(3)(ii )), water (Chapter IV(3)(iv)), elect ricity (Chapter IV(3)(iii)), and 
postal and telecommunications services (Chapter IV(5)). 
(iii) Incentives 
64. The Congo has not notified the WTO of subsidies or aid.  The main support measures in 
effect relate to the benefits available to enterprises approved under the Investment Charter 
(Chapter II(4)(i)), the Forestry Code (Chapter IV(2)(iii)), the Mining Code (Chapter IV(3)(i)), or the Hydrocarbons Code (Chapter IV(3)(ii)).  Concessions  are also granted in order to promote SMEs 
(Chapter IV(4)).  In addition, the State supports ag riculture in various ways (Chapter IV(2)(ii)).  
Public services, such as electricity (Chapter IV (3)(iii), water (Chapter IV(3)(iv)) and transport 
(Chapter IV(5)(i)), may also benefit from government support. 
(iv) State trading, State-owned enterprises and privatization 
65. The Congo has not notified the WTO of any State-trading enterprises within the meaning of 
Article XVII of the GATT.  Nevertheless, there are de facto  or legal monopolies on:  sugar marketing 
by SARIS-Congo (Chapter IV(2)(iii)(a)) and the impor tation of electricity by the National Electricity 
Company (SNE) (Chapter IV(3)(iii)).  Monopolies are al so in effect with respect to such services as 
hydrocarbon transport and storage (Chapter IV(3)( ii)), fixed telecommunica tions and postal services 
(Chapter IV(4)(iv)). 
66. The Congo launched an ambitious privatizati on programme as long ago as 1994.  This was 
brought up to date with the assistance of the donors within the framework of the Post-Conflict Interim 
Programme (PIPC) 2000-2002, a nd is still being implemented.
97  The first stage involved the six large 
Congolese enterprises in the hydrocarbon, telecommuni cations and postal services, water, electricity, 
transport and rail sectors, while the second covere d banks and insurance companies and small and 
medium-size enterprises in agriculture (forestry ), aviation, transport and the hotel industry 
(Chapter IV).  The main achievements relate to  the breaking up of three large Congolese enterprises – 
Hydro-Congo (oil sector);  Congolese Transport Agency  (railways, river transport, shipyards, port 
activities);  and the National Posts and Telecommunica tions Office – and the privatization or putting 
out to concession of several of the en terprises that resulted from this process.98  The current 
privatization programme includes, inter alia , enterprises in the water, electricity and 
                                                      
96 Order No. 16/MCAPMEA/CAB of 23 August 2000. 
97 Law No. 21-94 of 10 August 1994.  The main achievements during the period 2001-2004 are listed 
in the report of the Government of the Congo, Ministry of Finance and the Economy (MEFB) (2005). 
98 http://www.congo-site.biz /v1x/invstprivat.php. WT/TPR/S/169 Trade Policy Review 
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telecommunications subsectors.  Enterprises have ma inly been privatized through invitations to 
tender. 
(v) Government procurement 
67. The Congo's regulatory framework for government procurement dates from 1982.99  Congo is 
not a member of the WTO Plurilateral Agreement on Government Procurement nor is it an observer.  
At the recommendation of the World Bank, the Con go may shortly be introducing a new procurement 
code intended to promote transparency and compet ition in the allocation and monitoring of public 
contracts, in accordance with international standards.100  The Congolese authorities report the 
establishment of a National Commission to combat corruption, extortion and fraud, one of whose 
functions is "to oversee the strict application of  the regulations on government procurement".101 
68. The regulations govern procurement by the State and by local authorities and relate to works, 
supplies and the provision of services.  They con cern contracts with a total value of at least 
CFAF 10 million.102  Below that amount, purchases may be a pproved by the competent authorizing 
officer.  A Central Public Contracts Commission103, under the authority of the President of the 
Republic, oversees the Central Public Contracts Directorate (DCMCE)104, which is responsible for 
awarding contracts with a value of more than CFAF 10 million but less than 500 million.  Since 2002, 
contracts for amounts in excess of CFAF 500 million have been handled by a separate administrative body, the General Major Public Works Delegation (DGGT).
105  In principle, contracts are given out 
on the basis of an invitation to tender or, exceptionally, by straightforward award or private negotiation.  The contract is approved by the Mini ster for Finance (where the value is less than 
CFAF 200 million), by the Prime Minister (from CFAF 200 million to 500 million) and by the 
President of the Republic (over CFAF 500 million). 
69. No statistics have been provided concerning government procurement. 
                                                     
 
99 Decree No. 82/329 of 22 April 1982. 
100 Brazzaville economic missions of the French Embassy (2006). 
101 Article 2 of Decree No. 2004-323 of 8 July 2004. 
102 Pursuant to the amendment introduced by D ecree No. 89/375 of 31 May 1989, the contracts 
awarded by certain State-owned enterprises are governed by the Code when they are for at least CFAF 20 million (works and services) or CFAF 50 million (other contracts). 
103 Decree No. 2000-34 of 20 March 2000, repealing Decree No. 82/368 of 29 April 1982. 
104 Decree No. 82/367 of 22 April 1982. 
105 Decree No. 2002-371 of 3 December 2002, amended by Decree No. 2003-062 of 7 May 2003.