The Gambia WT/TPR/S/233 
 Page 25 
 
 
III. TRADE POLICIES AND PRACTICES BY MEASURE 
(1) MEASURES DIRECTLY AFFECTING IMPORTS  
(i) Customs procedures and documentation 
1. The Gambia Revenue Authority (GRA) is respons ible for the management and administration 
of Customs, the administration of taxes and duties on  imports, the application of Customs controls and 
other connected matters (see Chapter II(1)(ii)(a)).  The Commissioner of Customs is responsible for 
the day-to-day administration of Customs.  The Commissioner-General of the GRA is responsible for 
granting permission to manufacture goods subject to excise duties. 
2. Import documentation required for customs purposes comprises:  the bill of lading;  certificate 
of origin;  cargo release order;  commercial invoice;  packing list;  customs import declaration;  and 
technical standard/health or environm ental certificate, where appropriate.1 
3. According to International Finance Corporati on (IFC) data, the average time to complete 
import procedures (and the cost involved) is:  10 days for document preparation (average cost 
US$287), 3 days for Customs clearance and technical control (US$135), 8 days for ports and terminal 
handling (US$190), and 2 days for inland transpor tation and handling (US$310), making a total of 
23 days (US$922).  The Gambia is ranked 81st out of 183 economies in the IFC's "Doing Business" 
ratings in terms of trading across borders;  its pr ocedural requirements and costs are considerably 
lower than the averages for Sub-Saharan Africa.2  Compared with Senegal, The Gambia's timing is 
longer, but its costs are lower. 
(ii) Customs valuation 
4. Until 2010, The Gambia applied the Brussels Definition of Value for customs valuation of 
goods.  However, the new Customs and Excise Act , 2010, provides for the application of the WTO 
Agreement on Customs Valuation on imported goods, excisable goods, and goods for export.3  This 
brings The Gambia into line with the ECOWAS common tariff and valuation system. Consistently 
with the Agreement, the Commissioner General of Customs and Excise may base any decisions 
relating to the definition of customs value on th e suggestions, opinions, comments, and explanatory 
notes coming from the WCO Technical Committee on Customs Valuation. 
5. The Gambia has introduced standardized certif icates of origin, customs and statistical 
nomenclature, and customs declarations (the ECOWAS single administrative document or SAD).  Implementation of the ASYCUDA++ system was expect ed to be fully operational by July 2010.  The 
existence of the GRA has also greatly assisted in the streamlin ing of customs procedures and 
infrastructure by bringing all aspects of revenue administration together under one roof. 
6. Customs capacity-building assistance for The Ga mbia in recent years includes:  WCO and 
WTO Workshop on Customs Valuation, including Trade Facilitation and Rules of Origin for 
                                                     
 
1 Doing Business Project online information, "Trading Across the Borders in The Gambia".  Viewed at:  
http://www.doingbusiness.org/ExploreTopics/Trad ingAcrossBorders/Details.aspx?economyid=73. 
2 Doing Business Project online information, "Trading Across the Borders in The Gambia".  Viewed at:  
http://www.doingbusiness.org/ExploreT opics/TradingAcrossBorders/Details .aspx?economyid=73;  and Doing 
Business Project online information, "Economy Ranki ngs".  Viewed at:  http://www.doingbusiness.org/ 
economyrankings/. 
3 Customs and Excise Act, 2010, Part XII.  The ECOWAS customs tariff is already reconciled with 
WTO. WT/TPR/S/233 Trade Policy Review 
Page 26 
 
 
Anglophone Africa (Dar es Salaam, Tanzania) in August 2004;  WCO IT Conference and Exhibition 
(Veracruz, Mexico) in April 2007;  WCO IT Confer ence and Exhibition (Seoul, Republic of Korea) in 
April 2008;  48th Fellowship Programme for English-speakers, sponsored by Japan and the WCO 
(Brussels, Belgium) in September 2008;  and 2nd WCO/UPU Joint Regional Training Workshop on 
Customs Clearance of Postal Items, supported by  the NORAD Fund (Nairobi, Kenya) in July 2009.4  
Additional assistance has been given in areas such as application of the Harmonized System, intellectual property rights and c ounterfeiting, and rules of origin. 
7. The Gambia is not a contracting party to the Harmonized System Convention, but applies the 
Convention in practice.
5  Under the new Customs and Excise Act, The Gambia applies HS 2007 in its 
tariff classification. 
8. Regarding application of the WTO Customs Va luation Agreement and notification of its 
Customs legislation to the WTO, The Gambia did not  make use of the five-year grace period available 
to developing countries under Article 20 of the Agreem ent.  The Gambia has not yet notified the texts 
of its Customs legislation and regulations to th e WTO, as required under Article 22 of the Agreement 
as interpreted by the WTO Committee on Customs Valuation6, but plans to notify the new legislation. 
(iii) Rules of origin 
9. The Gambia does not have rules of origin fo r goods coming from MFN sources.  The Gambia 
uses ECOWAS rules of origin, in force since 1 Ja nuary 2003, to define pr oducts eligible for free 
access under the ECOWAS Trade Liberalization Scheme.7  ECOWAS origin is conferred on 
unprocessed originating products (local or handm ade products) and products  that have undergone 
sufficient working or processing.  For the latter,  origin is determined by a change of tariff 
classification affecting one of the first four di gits of the tariff and Statistical Nomenclature8, with 
exceptions9, or by a Community value added of at least 30% of the cost price of the goods, ex-factory 
and excluding tax.10 
10. The ECOWAS rules of origin also stipulate that the status of "originating industrial product" 
cannot be conferred on go ods processed under particular regimes involving total or partial conditional 
relief or exemption from import duties on inputs (Artic le 8).  According to the 2009 revision, this 
status cannot be conferred on such goods unless the du ties and taxes payable on the materials used in 
the manufacturing process have been paid (revised Article 8).  However, the ECOWAS Commission has still to issue a regulation on the implementation of  this relaxation of its rules of origin by the 
member states. 
                                                     
 
4 Information supplied by Gambian authorities. 
5 World Customs Organization online information, "List of countries, territories or customs or 
economic unions applying the HS (D ecember 2009)".  Viewed at:  http ://www.wcoomd.org/home_wco_topics_ 
hsoverviewboxes.htm.  According to the authorities, the Minister's signature to the HS Convention is pending. 
6 WTO document G/VAL/5, 13 October 1995. 
7 Additional Protocol No. III/2001 establishing the WAEMU rules of origin replaces Additional 
Act No. 4/96 of 10 May 1996 establishing a preferential tariff regime for trade within WAEMU, as amended by 
Additional Act No. 4/98.  Additional Protocol No. III/2001 was revised by Additional Protocol No. 01/2009/CCEG/WAEMU. 
8 Regulation No. 08/2007/CM/2007 and its Annex of 6 April 2007 on the adoption of the Tariff and 
Statistical Nomenclature of the WAEMU Common External Tariff (CET), based on the 2007 version of the Harmonized Commodity Description and Coding System, as amended by Regulation No. 05/2008/CM/UEMOA 
and its Annex of 28 March 2008. 
9 Regulation No. 12/2002/CM/UEMOA. 
10 Regulation No. 13/2002/CM/UEMOA. The Gambia WT/TPR/S/233 
 Page 27 
 
 
11. Currently, the Gambia does not grant unilatera l preferential treatment for imports from any 
source. 
(iv) Tariffs 
(a) Applied MFN tariffs 
12. The Gambia applies the ECOWAS Common Cu stoms Tariff, which is based on that 
originally applied by WAEMU/UEOMA.  The tariff  currently comprises four rates:  zero, 5%, 10%, 
and 20%.  The ECOWAS member states are negotiating the introduction of a fifth band, at 35%, 
based on harmonization of national lists submitted by  members, and of national exceptions to the 
ECOWAS common tariff. 
13. With the adoption of its fifth band and the na tional exceptions, the common tariff will show a 
classic pattern of escalation and is likely to provide higher effective than nominal protection to goods classed as "consumer goods" and "economic devel opment goods".  The tariff classification will 
consist of:  Category 0:  basic social goods (zero rated);  Category 1:  b asic needs, ra w material, 
capital equipment, and specific inputs (rate 5%);  Ca tegory 2:  inputs and inte rmediate products (rate 
10%);  Category 3:  final consum er goods and other products n.e.s. (rate 20%);  and Category 4:  
specific goods for economic development (rate 35%). 
14. The Gambia has submitted two national lists to  ECOWAS under the negotiating process:  the 
first is for products that it wishes to be include d in Category 4 and taxed at 35%, and the second is 
"List B" of national products on which The Gambia wishes lower rates than the common tariff to be 
applied, as inputs to agriculture, fisheries or other industries, or as basic food needs for the population. 
15. The adoption of the ECOWAS tariff, as confir med in The Gambia's new 2010 customs tariff, 
has brought about significant changes in the shape of the tariff compared with 2007 (Table III.1 and 
Chart III.1).  Overall, the arithmetic mean rate ha s fallen from 19% to 14%;  the number of duty-free 
lines has increased substantially, from under 1% to 15 % of the total;  the share of rates exceeding 15% 
has fallen from 92% to 57% of the total;  and the sp read of the tariff, as measured by the standard 
deviation from the mean, has more than doubled. 
Table III.1 
Structure of MFN tariffs, 2007 and 2010  
(Per cent)  
  2007 2010 U.R. 
1. Bound tariff lines (% of all tariff lines) 13.8 .. n.a. 
2. Duty-free tariff lines (% of all tariff lines) 0.7 15.1 0.0 
3. Non- ad valorem  tariffs (% of all tariff lines) 0.0 0.0 0.0 
4. Tariff quotas (% of all tariff lines) 0.0 0.0 0.0 
5. Non- ad valorem  tariffs with no AVEs (% of all tariff lines) 0.0 0.0 0.0 
6. Simple average tariff rate 19.0 14.1 101.9 
 Agricultural products (WTO definition)a 18.9 16.5 103.8 
 Non-agricultural products (WTO definition)b 19.1 13.7 65.6 
 Agriculture, hunting, forestry, and fishing (ISIC 1) 19.6 15.5 104.8 
 Mining and quarrying (ISIC 2) 19.9 7.5 40 
 Manufacturing (ISIC 3) 19.0 14.1 101.2 
7. Domestic tariff "spikes" (% of all tariff lines)c 0.0 0.0 0.0 
8. International tariff "peaks" (% of all tariff lines)d 91.8 57.5 100.0 
Table III.1 (cont'd)WT/TPR/S/233 Trade Policy Review 
Page 28 
 
 
  2007 2010 U.R. 
9. Overall standard deviation of applied rates 3.4 7.5 22.6 
10. "Nuisance" applied rates (% of all tariff lines)e 0.0 0.0 0.0 
.. Not available. 
n.a. Not applicable. 
a WTO Agreement on Agriculture definitions. 
b Excluding petroleum. 
c Domestic tariff spikes are defined as those exceeding three times the overall simple average applied rate. 
d International tariff peaks are defined as those exceeding 15%. e Nuisance rates are those greater than zero, but less than or equal to 2%. 
Source:   WTO Secretariat calculati ons, based on data provided by the Gambian authorities. 
(15.1)
(3.6)(23.8)(57.5)
05001,0001,5002,0002,5003,0003,5004,0004,5005,000
Duty free 5 10 200102030405060708090100
The figures in brackets correspond to the percentage of total lines. 
WTO Secretariat calculations, based on data provided by the Gambian authorities.Chart III.1
Breakdown of applied MFN tariff rates, 2010
Number of tariff lines
Note:
Sourc e:Percentage
Number of lines 
Cumulated percentage (right-hand scale)
 
16. Further analysis of the Gambian tariff struct ure (Tables III.2 and AIII.1) shows that the 
average rate applied to agricultural products (WTO definition) is higher than that for non-agriculture;  
that within agriculture, tobacco, be verages and spirits, fruit and vegetables, coffee, tea, cocoa, sugar, 
etc., bear the highest average ta riffs, while live animals are the only group imported entirely duty-free;  
and that within non-agricultural goo ds, inorganic chemicals, fertilizers, and aircraft enter duty free, 
while articles of gut, fur, silk, carpets, jewellery, ships and boats, musical instruments, furniture, and 
toys are universally subject to the maximum rate of 20%.   The Gambia WT/TPR/S/233 
 Page 29 
 
 
Table III.2 
Summary analysis of MFN tariff, 2010 
Applied 2010 rates 
Analysis No. of 
lines Simple avg. 
tariff (%) Range tariff 
(%) Std-dev 
(%) CV Imports 2008 
(US$ million) 
Total 5,091 14.1 0-20 7.5 0.5 329.4 
HS 01-24 726 17.3 0-20 6.1 0.4 98.3 
HS 25-97 4,365 13.5 0-20 7.6 0.6 231.0 
By WTO definitiona       
Agriculture 667 16.5 0-20 6.7 0.4 97.9 
Live animals and products thereof 91 15.2 0-20 8.6 0.6 2.6 
Dairy products 20 12.5 5-20 7.7 0.6 6.3 
Coffee and tea, cocoa, sugar, etc. 124 18.6 0-20 4.4 0.2 28.5 
Cut flowers and plants 32 14.4 0-20 7.2 0.5 0.0 
Fruit and vegetables 156 19.7 0-20 2.1 0.1 8.6 
Grains 16 15.0 0-20 8.9 0.6 27.2 
Oil seeds, fats, oils, and their products 72 13.1 0-20 7.6 0.6 17.7 
Beverages and spirits 37 20.0 20 0.0 0.0 1.9 
Tobacco 9 20.0 20 0.0 0.0 4.4 
Other agricultural products 110 13.3 0-20 7.7 0.6 0.5 
Non-agriculture (excl. petroleum) 4,401 13.7 0-20 7.6 0.6 167.1 
Fish and fishery products 126 19.8 10-20 1.3 0.1 0.8 
Mineral products, precious stones, and 
precious metals 325 11.7 0-20 7.6 0.6 16.3 
Metals 587 13.6 0-20 5.9 0.4 11.1 
Chemicals and photographic supp lies 852 10.3 0-20 7.1 0.7 25.7 
Leather, rubber, footwear, and travel 
goods 159 18.6 5-20 3.6 0.2 4.0 
Wood, pulp, paper, and furniture 254 17.5 0-20 5.3 0.3 11.0 
Textiles and clothing 808 17.0 0-20 4. 7 0.3 22.0 
Transport equipment 133 14.0 0-20 8.7 0.6 39.7 
Non-electrical machinery 517 6.2 0-20 8.9 1.4 12.9 
Electrical machinery 250 17.4 0-20 5.5 0.3 14.2 
Non-agricultural articles n.e.s. 390 16.6 0-20 7.0 0.4 9.3 
By ISIC sectorb       
Agriculture, hunting, forestry, and fishing 285 15.5 0-20 7.8 0.5 10.0 
Mining 97 7.5 0-20 4.5 0.6 0.1 
Manufacturing 4,708 14.1 0-20 7.5 0.5 319.2 
By stage of processing       
Raw materials 620 14.3 0-20 7.5 0.5 43.2 
Semi-processed products 1,699 12.4 0-20 6.8 0.5 60.4 
Fully-processed products 2,772 15.0 0-20 7.8 0.5 225.8 
a Twenty-one tariff lines on petroleu m products are not taken into account. 
b International Standard Industrial Classificati on (Rev.2).  Electricity, gas, and water are  excluded (1 tariff line). 
Note: CV = coefficient of variation. 
Source:  WTO Secretariat estimates, based on data provided by the Gambian authorities. 
17. There is no consistent pattern of tariff escal ation between or within broad industrial 
(ISIC 2-digit) groups (Chart III.2).  There is some  escalation between "agriculture" and "food";  in 
textiles, between raw and semi-finished material s and finished products; and a mixed picture in 
minerals and metals. In some fields, there is de-escalation on an average basis between the raw product and the semi-processed stage, or overall ( as in "paper and printing", consistently with 
zero-rate access for most books).   WT/TPR/S/233 Trade Policy Review 
Page 30 
 
 
0.05.010.015.020.025.030.0Chart III.2
Tariff escalation by ISIC 2-digit industry, 2010
Per cent
Sourc e: WTO Secretariat estimates, based on data provided by the Gambian authorities.
All products
Food, beverages
Textiles,
apparel
Wood products
Paper, printing
Chemicals ,
plastics
Non-metalli c
minera l
products
Basic meta l
products
Fabricated meta l
products
Other
manufacturin gNOT APPLICABLEAgriculture
MiningRaw materials Semi-processed Fully processed
NOT APPLICABLE
 
(b) Tariff bindings 
18. Bound tariffs in The Gambia's WTO schedule cover 708 HS six-digit items, covering 13.8% 
of all tariff lines, according to the WTO tariff data base.  In addition to products covered by the 
Agreement on Agriculture, all of which are require d to be bound, The Gambia has bound tariffs on 
gemstones (HS 7102, 7103), silver waste and scra p, other goldsmiths' and silversmiths' wares 
(HS ex 7112.90, 7114), and motor vehicles (HS 8702, 8703).11 
19. As in many developing or least developed count ries, there is substantial "water" in the gap 
between applied and bound rates.  Most bound tariffs are fixed at a ceiling rate of 110%, although a 
number of lines in other HS Chapters are fully or partially bound at rates from 20% to 85%. 
20. In practice, the ECOWAS common external tari ff is effectively the "bound" tariff for The 
Gambia, as it is a legal commitment, within the fra mework of its regional agreement, to apply these 
rates on an MFN basis. 
(c) Tariff exemptions, concessions, and suspensions 
21. Duty and tax exemptions are contained in the Third Schedule to the Customs and Excise Act. 
− Part A includes goods for use by the President , the armed forces, Commonwealth and other 
governments, certain goods imported under diplomatic privileges or by aid agencies, by the 
                                                      
11 WTO Tariff Schedule CX.  Viewed at:  http://w ww.wto.org/english/tratop_e/schedules_e/goods_ 
schedules_table_e.htm#gg. The Gambia WT/TPR/S/233 
 Page 31 
 
 
African Development Bank for official use, bona fide gifts to charitable institutions, 
consumables imported for use in religious service s, materials and equipment for use by or for 
disabled, blind or physically handicappe d persons, badges and record books for the 
President's Award Scheme, goods for the De sert Locust and Red Locust Control 
Organizations, goods for military canteen organiza tions, equipment, drugs and motor vehicles 
for the Medical Research Council, passenger car s imported by military and police personnel 
returning from peace-keeping duties outside Th e Gambia, rewards and prizes obtained by 
Gambian sports-men and -women, and equi pment and parts for the rehabilitation of 
power-generating plant imported before 2003. 
− Part B (General Exemption) includes operati ons-related goods for aircraft operations by 
designated airlines, containers and pallets, e ffects of deceased persons, fish, crustaceans and 
molluscs landed by Gambian canoes or vessels,  life-saving marine apparatus, passengers' 
baggage in general, protective clothing and equipment, samples, ships and other vessels, 
goods for national museums, seeds for sowing, br eeding animals, semen and fish ova, raw 
materials for manufacture of medicaments, plastic  sheetings for agri-, flori- or horticultural 
use, hatching eggs, power genera ting equipment, chemical fertilizers, medical hygienic bags, 
and ship-loading equipment.  Currently, the exem ption for import of empty containers may be 
particularly significant in view of the growing export of mineral sands.12 
− Part C (Special Duty Rate) specifies that capital goods, plant and machinery for investment, 
with written approval of the Minister, as well as cold-storage equipment and refrigerated-goods transport vehicles imported by  farmers, with the written approval of the 
Director of Agriculture, are importable duty free. 
22. The Minister of Finance and Economic Affairs may also remit any duty, in whole or in part, if 
he finds it is in the public interest to do so, on goods imported by regist ered non-profit institutions 
approved by the Government;  raw materials for us e in the manufacture of insecticides, fungicides, 
and similar products;  component parts used in the manufacture of agricultural and horticultural 
equipment;  capital equipment and machinery impor ted for use in licensed customs bonded factories 
for export;  goods imported by oil exploration compan ies in accordance with the Petroleum Act 2004;  
and goods for official-aid-funded projects.
13 
(d) Duty suspensions 
23. The Second Schedule to the 2010 Customs and Exci se Act allows for the Minister to suspend 
import duties on refined petroleum products.  Currently these duties are not suspended and the products bear a duty of 20%, apart from aircraft fuels, which are zero-rated. 
(e) Bilateral tariff preferences 
24. The 2010 Customs and Excise Act provides fo r arrangements to be made between 
The Gambia and another government with respect to the mutual relief of duty.
14 
                                                      
12 According to Gambian Customs, in 2009 and 2010, imports of empty containers for this purpose far 
exceeded the number of loaded c ontainers imported with goods. 
13 Customs and Excise Act, 2010, section 190. 
14 Customs and Excise Act, 2010, section 162. WT/TPR/S/233 Trade Policy Review 
Page 32 
 
 
(v) Other charges affecting imports 
(a) Other duties and charges 
25. The Gambia applies a processing fee of 1.55% and a 0.5% ECOWAS levy on the c.i.f. value 
of all imports. 
26. The Gambia has bound "other duties and charges" on its WTO bound tariff lines at 10%.  
Thus, again, there is flexibility between applied and bound rates. 
(b) Excise duties, excise taxes, and environmental taxes 
27. Excise duties are charged on either the retail sale s price or the price at which goods are sold 
on between manufacturers.  Rates are applied on:  fruit juices and other non-alcoholic beverages (at 
5%);  wines (10%) and spirits (15%);  cigarette s and refined petroleum products (10%);  precious 
metals and articles thereof (5%);  and motor vehi cles, and a few other products including nails and 
soap (at 5%).  Mobile phone services bear an ex cise tax of 10%, based on the price charged between 
non-related buyers and sellers.  In addition to the sch edule of excise duties, excise taxes are charged at 
specific rates on a number of items (Table AIII.2).  Imported soft drinks and imported beer are subject 
to higher rates than the corresponding domestic items. In addition, The Gambia imposes an 
environmental tax on unmanufactured tobacco at D 75/kg;  tobacco products at D 10/kg;  and used 
vehicles at D 1,000 per unit. 
(c) Sales tax 
28. The Gambia imposes sales tax on goods and servi ces, including imports.  The general rate is 
set at 15%;  however, refined petroleum products ar e taxed at 10%, and telecommunications services 
at 18%.  The value of imported goods for sales ta x purposes is the value including all duties and 
charges paid on import into The Gambia, and includi ng the value of any incidental services such as 
packaging, insurance, transportation, guarantee co sts or any other services giving rise to commission. 
29. Registered manufacturers are allowed input ta x credits for the sales tax payable on capital 
goods (plant or equipment, but not motor vehi cles), or goods used in manufacturing taxable 
products.15 
(d) Temporary duties 
30. The Gambia levies additional import duties on onions and potatoes during the harvesting 
season in order to protect local producers. 
(vi) Contingency measures 
31. Under anti-dumping and countervailing provisions contained in the 2010 Customs and Excise 
Act, the Minister establishes an a dvisory committee of not more than ten persons to investigate cases 
of dumping or subsidization of goods exported to  The Gambia.  Provisional measures may be taken 
60 days after the start of any investigation.  If the Minister is satisfied that  goods are dumped, or that 
governmental or public subsidies are being given, and that this causes or threatens material injury to 
an established industry in The Gambia, or retards ma terially the establishment of an industry, he may 
accept an exporter's offer of an increase in price to the extent of the dumping margin or subsidy, or 
                                                      
15 Income and Sales Tax Act, 2004, sections 142, 155, and 159. The Gambia WT/TPR/S/233 
 Page 33 
 
 
impose an anti-dumping or countervailing duty, which should not exceed the dumping margin or 
subsidy found to exist.16 
32. Provision is made in Sections 171-172 of the  Act for anti-dumping or countervailing duties to 
be based on:  the difference between a domestic reference price (DRP) (i.e. minimum buying or 
guaranteed price from domestic producers, as declared every three months by the Minister of Trade) 
and an import reference price (average quoted price at a major international marketing centre for the 
goods), or between the DRP and zero;  plus frei ght, insurance, handling and wharfage charges, 
clearing and forwarding charges (standardized at 1% of  c.i.f. value), and pre-shipment inspection fees 
of 2% of f.o.b. value. 
33. The Gambia does not maintain any anti-dumping or countervailing duties at present. 
34. Under Section 163 of the Act, the Minister may also impose on any goods imported into The 
Gambia "such conditions or rates of duty as he may deem necessary to protect  The Gambia's interest 
where the country of importation practices unfair or  restrictive trade practices on Gambian goods 
exported to that country".  No definition is given of  what may be considered "unfair or restrictive" 
trade practices, nor are any time limits specified. 
35. The Gambia maintains no safeguard measures at present. 
(vii) Import prohibitions, licensing, and restrictions 
(a) Prohibitions 
36. Prohibited imports are contained in the Eighth Schedule of the 2010 Customs and Excise Act.  
They include false or counterfeit money;  ind ecent or obscene articles, matches containing white 
phosphorous;  denatured spirits, unless duly certified;  articles d eceptively marked with Gambian 
coats of arms;  advertisements for cures for cance r, tuberculosis or venereal/sexual diseases or 
complaints;  distilled spirits containing specified essential oils or chemicals that are injurious to 
health;  manufactures falsely labelled as of Gambia n origin;  firearms, ammunition etc., imported by 
post;  goods that do not meet the Gambian Bureau of Standards requirements or that are certified by a public medical officer as hazardous to health;  sed itious, scandalous or immoral literature;  waste and 
sludge deposits;  any goods prohibited under the te rms of any international convention to which 
The Gambia is a signatory;  skimmed milk, if not clearly identified;  any organic phosphorous compound;  and "exhausted" tea. 
37. Under the provisions of the Rotterdam Conve ntion, The Gambia has banned imports of 
DNOC, parathion, dustable powders of benomyl, th iram and carbofuram, ethylene dichloride and 
oxide, and monocrotophos.  Under the Stockholm C onvention, The Gambia bans all imports of 
persistent organic pollutants (POPs) listed in Annex A (see Chapter II( 3) for The Gambia's 
participation in these Conventions).
17 
                                                      
16 Customs and Excise Act, 2010, sections 170-172. 
17 Annex A comprises Aldrin, Chlordane, Chlordecone, Dieldrin, Endrin, Heptachlor, 
Hexabromobiphenyl, Hexachlorodiphenyl ether and heptabromodiphanyl ether, Hexachlorobenzene (HCB), Alpha hexachlorocyclohexane, Beta hexachlorocyclohexane, Lindane, Mirex, Pentachlorobenzene, 
Polychlorinated biphenyls (PCB), Tetrabromodiphenyl ether and pentabromodiphenyl ether, and Toxaphene.  
See Stockholm Convention on Persistent Organic Pollutants online information, "What are POPs?".  Viewed at:  http://chm.pops.int/Convention/ThePOPs /tabid/673/language/fr-CH/Default.aspx. WT/TPR/S/233 Trade Policy Review 
Page 34 
 
 
(b) Quantitative and other restrictions 
38. The Gambia maintains no specific quotas on any imports. 
39. Imports of the following goods are conditionally r estricted:  tear gas and similar substances, 
and their propellants, other than permitted by the Mi nister of Interior;  alcoholic spirits, unless 
certified as aged in wood for at least three y ears (however, no certificate is needed for bitters, 
liqueurs, cordials, gin, Geneva, hollands schnapps, rum, or spirits imported for medical, industrial or 
scientific purposes);  postal franking machines, except as permitted by GAMPOST;  Boy Scout or Girl Guide badges, except under permission of the rele vant Commissioner;  firearms silencers, except 
as permitted by the Minister of Interior;  precious metals from Sierra Leone, Liberia, Guinea Conakry, 
Côte d'Ivoire, Ghana, Nigeria, Niger, Mauritania,  Cape Verde, except under permit from the Minister 
of Finance;  used motor vehicles, except with o fficial certificate of road worthiness;  machines for 
duplicating keys;  handcuffs, except under licence by the Minister of Interior;  live fish not native to The Gambia, except under licence by the Minister of Fisheries;  and any goods prohibited under the terms of any international convention to which The Gambia is a signatory. 
(c) Licensing 
40. As well as those mentioned above, The Gambia  maintains import certification provisions 
regarding food products, in connection with h ealth and sanitary provisions of the Food Act 2005 
(section (ix)(b) below). 
(viii) Technical regulations and standards 
(a) Institutional and legal framework 
41. According to the International Organization for Standardization (ISO), The Gambia does not 
yet have a national standards body (NSB), but  a Standards Focal Point (GAMSFP) has been 
established within the Ministry of Trade as a precu rsor of the NSB.  The GAMSFP was admitted as an 
ISO correspondent member on 1 January 2009.  GAM SFP has been working closely with the National 
Codex Committee, the Weights and Measures Bureau , and the West African Quality Programme on 
several activities:  standards development, inform ation on standards, training services, metrology, 
calibration services, testing, inspection, etc. 
42. The Gambia has also benefited from advice and assistance from the Commonwealth 
Secretariat and the International Trade Cent re WTO/UNCTAD in designing the roadmap for 
establishment of the full Gambian Bureau of Standards (Table III.3). 
Table III.3 
Roadmap for establishment of the Gambian Bureau of Standards, 2010  
Programme Activities Executing 
institution Time frame 
1.  Legal and 
organizational preparatory 
committee Identify institutions fo r the Legal and Institutional Provisions (LIP) 
Committee to finalize work on the legal and institutional framework 
for the establishment of a Ga mbia Bureau of Standards 
Launch of the LIP Committee MOTIE 
 
 MOTIE Done 
 
 October 2009 
2.  Development of the Legal Framework Develop a legal framework for the Gamb ia Bureau of Standards LIP Committee 
Ministry of Justice October 2009 
3.  Development of the 
Institutional Framework Develop an institutional framewor k for the Gambia Bureau of 
Standards (improve or adopt the structure proposed in the Commonwealth report) LIP Committee November 2009 
Table III.3 (cont'd)The Gambia WT/TPR/S/233 
 Page 35 
 
 
Programme Activities Executing 
institution Time frame 
4.  Budget for the Gambia 
Bureau of Standards Draft a budget for the first four year s of the Bureau to reflect the 
estimated cost each year based on the expected expansion of the 
Bureau to full operations Identify possible areas or activities of  the Bureau that may generate 
revenue for the Bureau LIP Committee 
 
 LIP Committee December 2009 
 
 December 2009 
5.  Validation workshop Organize a stakeholde rs' workshop to validate the draft Standards 
Act MOTIE 
LIP Committee January 2010 
6.  Cabinet endorsement Seek Cabinet endorsement for the esta blishment of a Gambia Bureau 
of Standards MOTIE February 2010 
7.  Budgetary provision 
for the Bureau Prepare a budgetary provision for first-year operations of the 
Gambia Bureau of Standards MOTIE March/April 2010 
8.  Enactment of the 
legislation Present the legislation establishing the Gambia Bureau of Standards 
to the National Assembly for its enactment MOTIE June 2010a 
9.  Appointment of the 
Board of Directors Prepare for and appoint a Board of Directors for the Gambia Bureau 
of Standards MOTIE November 2010 
10.  Appointment of 
Executive Director Appoint an Executive Director for the Gambia Bureau of Standards MOTIE 
Board of Directors December 2010 
11.  Gambia Bureau of 
Standards Commence operations of the Ga mbia Bureau of Standards Board of Directors January 2011 
a Second sitting of the National Assembly.  
Source:  Information provided by the Gambian authorities. 
(b) Electro-technical standards 
43. The Gambia has participated in the Affilia te Country Programme of the International 
Electrotechnical Committee (IEC) since March 2008. 
44. The authorities have established the Gambia National Electrotechnical Committee (GNEC) 
under the auspices of the Public Utilities Regulatory Au thority (PURA), with State, private sector, and 
NGO participation (Table III.4).  The aim of this co mmittee is to participate in the work of the IEC 
and promote the use of standards at a national level. 
45. Under the Affiliate Country Programme, PURA /GNEC has access to 200 IEC International 
Standards for national adaptation free of charge.  To date, it has received approximately 30 IEC 
International Standards for consider ation, and is considering or h as adopted 5 as national standards.18  
These relate to guidelines on minimum quality of ser vice and reliability standards for electricity, and 
type approval guidelines for registration of radio communication, telecommunications, and electrical 
equipment.19  According to the authorities, a consultant was appointed in 2010 under technical 
assistance from ITU to develop a framework for type approval of telecommunications equipment.  In 
addition, The Gambia has adopted the Common Guidelines on Minimum Quality of Service and 
Reliability Standards for Electricity, developed by the African Forum of Utilities Regulators (AFUR).
20 
                                                      
18 International Electrotechnical Committee online information, "The Gambia National Electrotechnical 
Committee".  Viewed at:  http://www.iec.ch/onlin e_news/etech/arch_2009/etech_0209/family_2.htm. 
19 PURA online information, "Type Approval Draft Gu idelines".  Viewed at: http://pura.gm/index.php? 
option=com_content&task=view&id=13&Itemid=141. 
20 African Forum for Utility Regulators online information.  Viewed at:  http://afurnet.org/ 
index.php?option=com_content&view=frontpage&Itemid=135&lang=en. WT/TPR/S/233 Trade Policy Review 
Page 36 
 
 
Table III.4 
Membership of GNEC, 2010 
Institutions Sector Vote 
National Water and Electricity Company (NAWEC) Operations 1 
Gambia Telecommunications Company (GAMTEL) Operations 1 
Ministry of Information and Comm unication Infrastructure Policy 1 
Ministry for Energy Policy 1 
Ministry for Trade, Regional Inte gration, and Employment Policy 1 
New Gambia Industrialists Private Sector 1 
Consumer Protection Association of The Gambia (CPAG) Civil society 1 
Gambia Revenue Authority (GRA)  (Customs) Policy 1 
Public Utilities Regulatory Authority (PURA) Regulator 2 
PURA, Directorate of Technical Regulation Secretariat n.a. 
n.a. Not applicable.   
Note: The ministries names are updated. 
Source :  Public Utilities Regulatory Authority (PURA), Equipment Standards.  Viewed at:  http://pura.gm/index.php?  
option=com_content&task=view&id=101&Itemid=148&limit=1&limitstart=. 
46. Pending the completion of draft type-appr oval procedures under the Information 
Communications Act, 2009, PURA management deci ded to allow electrotechnical equipment into 
The Gambia that has been certified by intern ational standards bodies such as CE (European 
Community), FCC (United States), IEC, Russian type-approval laboratories, or any other 
internationally recognized body.  Prior to sendi ng the equipment, a copy of the type-approval 
certificate, safety and EMC certificate, and techni cal information should be sent to PURA by e-mail, 
fax or post.  A one-time flat type-approval f ee of US$200.00 is required per equipment model.21 
(ix) Sanitary and phytosanitary measures 
(a) Institutional and legal framework 
47. The Food Act, 2005 provides the main framework for SPS standards-setting and compliance 
in the Gambia.  Overall responsibility for coordinating food health and nutrition issues is vested in the 
National Nutrition Agency (NaNA) within the O ffice of the Vice-President (Table III.5).  The 
National Codex Sanitary and Ph yto-Sanitary Committee (NCSPSC),  the Food Control Advisory 
Board, and the Food Compliance Committee have r esponsibility for the application of the Act and 
development of measures for animal, plant, and food protection. 
48. On quality and standards, The Gambia is curren tly being supported under the three-year West 
African Quality Programme funded by the Euro pean Union in collaboration with UNIDO as 
executing agency.  The programme, which started in 2008, is to strengthen competitiveness of 
national industries and enterprises and to ensure compliance with international trade rules and 
regulations, in particular the WTO TBT and SPS  Agreements.  The programme is currently 
supporting four laboratories to impr ove testing and acquire interna tional accreditation:  the National 
Agricultural Research Institute laboratory, for aflatoxin testing on groundnuts;  the Fisheries 
laboratory, for microbiology testing of fish;  the Na tional Health laboratory, for chemical testing of 
foods;  and the Veterinary laboratory, for microbiolog y testing of foods of animal origin.  The project 
is also supporting the metrology laboratory by providing the basic equipment necessary for the 
delivery of metrology services to commerce, industry, and other laboratories. 
                                                      
21 PURA, circular letter to type approval enquirers, 15 August 2009. The Gambia WT/TPR/S/233 
 Page 37 
 
 
Table III.5 
National Nutrition Agency and related bodies, including ministerial responsibilities, 2010 
Name of agency:  structure Functions 
National Nutrition Agency (N aNA):  Advisory Board 
consists of an independent Chairperson (knowledgeable in food control), PS Office of Vice-President, PS 
Finance, Executive Director, and two private-sector 
representatives Coordination of all nutrition-related activities, information on food safety 
issues, intersectoral action on national nutrition policy, and development of 
legislation on nutrition;  policy analysis and recommendations on 
nutrition-related outcomes of development policies;  development of standards 
for nutrition strategies and programme s;  support and capacity development 
for stakeholders;  advocacy and communication to increase national awareness 
on nutrition;  monitoring and evaluation of nutrition policy and programmes;  
and national resource centre on nutrition issues 
National Codex Committee:  Sub-Committee of NaNA Link with Codex Alimentarius 
Food Control Advisory Board:  Chair of NaNA, PS Health, PS Agriculture, PS Trade, Executive Director of 
NaNA, rep. of food manufacturers, rep. of Consumers' 
Association, NaNA provides Secretariat Advises NaNA on food control issu es including sale, manufacturing, 
distribution, import, export, and labelli ng;  proposes appointment of technical 
bodies on food safety and control;  and discusses any other food safety matters
Compliance Committee:  Chair appointed by NaNA 
Advisory Board, reps of ministries of Health, 
Agriculture, Fisheries, Education, Trade, Tourism, rep. of NaNA, rep. of Association of NGOs, rep. of Consumers' Association, rep. of GCCI (food sector) Coordination of inspectors;  conflict resolution among ministries/agencies;  
and resolution of gaps/overlaps in food control regime 
Ministerial responsibilities  
Agriculture Control, licensing, inspection of poultry establishments, slaughterhouses, 
inspection of live and dead animals, c ontrol of poultry and animal products on 
farms and production sites 
Agriculture, Environment Agency Control of food pr oduction and harvesting on farm s, including control of 
pesticides residues and mycotoxins 
Fisheries Control of fish and fish processing, including in-port inspections 
GRA, Health Control of imported goods at  border posts, airports, and seaports 
Health Control of meat, poultry, milk, and other processed foods of plant or animal 
origin;  and certification of food businesses 
Health, Local government Food hygiene,  safety and sanitation in hospitals, clinics, food establishments, 
markets, and streets 
Health, Tourism Control of foods in restaurant s, hotels, schools, and other boarding facilities 
Standards and Consumer Protecti on Bureau Weights and measures 
Source:    Food Act 2005. 
49. The Gambia has also received assistance from FAO, UNIDO, and WHO in updating and 
completing the Food Act, in finalizing three NCSPSC st andards (for food labelling, fats and oils and a 
food advertising code) and in pla nning the establishment of a unified Gambia Food Safety and Quality 
Control Agency.  Various activities have been undert aken recently, for example, the National Codex 
Alimentarius and SPS Committee, with the suppor t of UNIDO, undertook a review of food safety 
management in 2009;  FAO, under its Biosecur ity Support Project, provided funding for the 
development of a Biosecurity Framework Policy;  and the OIE (World Organization for Animal 
Health) sent a mission to review the "Performan ce of Veterinary Service" in October 2009.  
According to a spokesman, the FAO regards The Gambia as a good example for other member 
countries of how the Codex and SPS committees can be combined.22 
50. A new Food Safety and Quality Bill, coveri ng all food products destined for human 
consumption as well as animal feed, has recently b een drafted under the responsibility of the NCSPC 
                                                      
22 FreshPlaza online information, "Gambia:  Improve d food safety increases food supply:  FAO boss", 
23 October 2009.  Viewed at:  http ://www.freshplaza.com/news_detail.asp?id =52778;  and allAfrica.com online 
information, "Gambia:  Non-State actors consulted on food safety agency", 24 February 2010.  Viewed at:  http://allafrica.com/stories/201002251030.html. WT/TPR/S/233 Trade Policy Review 
Page 38 
 
 
and notified to the WTO under the procedures of the SPS Agreement.23  The Bill is to establish 
general principles, as well as provisions and orga nizational processes, to ensure safety of food and 
feed at the national level.  It proposes structures and mechanisms for food safety control within the 
Gambia.  When enacted, it will apply to all activiti es and all areas of the safety of foods and animal 
feeds affecting the health of consumers, as well as to all stages of production, transformation, and 
distribution of food commodities, which are unde rtaken in the course of a food business. 
51. In relation to imports of food, Article 12 of  the Bill provides that the Vice-President may 
make "provision for ensuring that the safety measure s applied to imported and exported food and feed 
are at least equivalent to those on foods produced within The Gambia", while Article 13 states that 
"Food and feed imported into The Gambia for placing on the market shall comply with the relevant 
requirements of this Law, or … with conditions reco gnised by the relevant competent authority to be 
at least equivalent thereto or, where a specifi c agreement exists between The Gambia and the 
exporting country, with the requirements contained therein." 
52. The Bill is expected to be enacted in  2010 and to enter into force in 2011. 
(b) Import certification, risk assessment, and other implementation activities 
53. All imports of animals, marine life, plants, their products, and processed foods of plant or 
animal origin, must be accompanied by an im port certificate issued in accordance with Codex 
Alimentarius quality control requirements.  In addition, no food item may be imported into The 
Gambia without:  a certificate from the manufacturer  that it was manufactured in accordance with an 
existing standard or code of conduc t pertaining to the product;  or  where such standard or code of 
conduct does not exist, any international standard laid down by the Codex Alimentarius Commission;  
or a certificate issued by the government of the e xporting country that its sale in that country would 
not contravene the law. 
54. Imports of cereals, pulses or legumes, including rice, require phytosanitary certificates issued 
by the national plant protection service of the country of origin, and fumigation certificates issued by the exporting company or an approved company. 
55. The Minister of Health may, at any time, issue regulations providing that food items may not 
be imported unless manufactured in accordance with speci fied standards.  In recent months, action has 
been taken against consignments of chicken a nd of eggs that were manifestly unhealthy. 
56. At present, The Gambia has no agencies or laboratories capable of carrying out risk 
assessment activities. 
(2) M
EASURES DIRECTLY AFFECTING EXPORTS  
(i) Customs procedures and documentation 
57. The Customs Department within the Gambia Re venue Authority is responsible for Customs 
procedures and documentation for exports. 
                                                      
23 WTO document G/SPS/N/GMB/1, 4 March 2010;  the text of the Bill is available at the WTO 
Secretariat. The Gambia WT/TPR/S/233 
 Page 39 
 
 
58. Documentation required for exports from The Gambia comprises:  the bill of lading;  
certificate of origin;  commercial invoice;  Customs export declaration;  packing list;  and technical 
standard or health certificate, as required.24 
59. Compared to other Sub-Saharan African countri es, The Gambia is relatively well placed in 
terms of export procedures, timing, and documenta tion.  Overall, accordi ng to the International 
Finance Corporation data, export procedures take, on average, 24 days, with an average cost of 
US$831 per container.  As is the case for imports , The Gambia is ranked we ll above the Sub-Saharan 
African average;  however, the time needed is some what longer, although the overall costs are lower, 
than in neighbouring Senegal, indicating that compet ition is fierce at the sub-regional level, and port 
and infrastructure improvements need continuing attention. 
(ii) Export duties 
60. The Fourth Schedule of the Customs and Excise Act, 2010, contains provision for export 
duties to be levied on a wide range of goods.  Howe ver, in practice, the only goods subject to export 
duties are waste and scrap of precious metals, taxed at 5%. 
(iii) Prohibitions, restrictions, and licensing 
61. The Eighth Schedule of the Customs and Excise Act contains a broad definition of export 
prohibitions, i.e. "All goods the exportation of whic h is prohibited under this Act or any law for the 
time being in force in The Gambia".25 
62. In addition, the Act prohibits export by post of all firearms and ammunition of all types, and 
other articles having the appearance of lethal weapons. 
63. A similarly broad definition of restricted expor ts is given in the Schedule:  "All goods the 
exportation of which is regulated under this Act or any law being in force in The Gambia". 
64. The Act also restricts exports of rough or uncut diamonds, except under licence issued by the 
Minister26;  goods officially exported by or on behalf of the Armed Forces or the Government;  and 
warehoused goods, goods under duty dr awback, and goods for transhipment shipped in vessels of less 
than 250 registered tonnes. 
(iv) Fiscal measures and official support 
65. Until recently, there was no agency in The Ga mbia specifically charged with promoting 
exports.  The closest equivalent was GIPFZA, th e former investment promotion and free zones 
authority, which was responsible for promoting inward investment, both in general and under a 
limited number of free zones.27 
                                                      
24 Doing Business Project online information, "Tradi ng Across Borders in The Gambia".  Viewed at:  
http://www.doingbusiness.org/ExploreTopics/Tradin gAcrossBorders/Details.aspx?economyid=73.  
25 Customs and Excise Act, 2010, sections 99-100, and Eighth Schedule. 
26 However, The Gambia is not listed as a partic ipant in the Kimberley Process to prevent the 
exportation of "conflict" diamonds. See Kimberly Process online information, "Participants World Map".  Viewed at:  http://www.kimberleyprocess.com/ structure/participants_world_map_en.html. 
27 World Bank (2007), Chapter 4.  The DTIS' views on export promotion appear rather inconsistent:  on 
the one hand it states that "The absence of a separate  export promotion agency is probably appropriate for a 
small country like The Gambia", while on the other it welcomes the imminent review of export-oriented WT/TPR/S/233 Trade Policy Review 
Page 40 
 
 
66. In March 2010, GIPFZA was abolished and replace d by the Gambia Investment and Export 
Promotion Agency (GIEPA) (see Chapter II(1)(ii)(b)),  which is now responsible for investment and 
export promotion policy relating both to Special Investment Certificates (SICs) and to export 
processing zones (EPZs).  The Special Investment Ce rtificate scheme is available for investments in 
goods and services, both for production aimed at domest ic consumption and for export.  By contrast, 
the free zones programme was aimed princi pally at production for export (Box II.1). 
67. Experience with free zones in The Gambia (as in  may other developing countries) was less 
than satisfactory.  In contrast to the Special I nvestment Certificate scheme, relatively few firms took 
advantage of free zone possibilities.  This may simp ly have been because the SIC scheme is of more 
general application, easier to obtain, and without r estrictions relating to sale of goods produced on the 
domestic market or into other ECOWAS markets.28 
(v) Finance, insurance, and guarantees 
68. The Government does not provide or participat e in export financing.  It has no scheme to 
cover political risk or other types of insurance guarantees. 
(vi) Promotion and marketing assistance 
69. In the past, the Government provided some fina ncial support for the participation of Gambian 
businessmen in trade fairs, by covering the costs of  setting up stands and prov iding a daily subsistence 
allowance.  This assistan ce has been discontinued. 
70. The Gambia Chamber of Commerce and Industry (GCCI) organizes biennial trade fairs in the 
country:  the most recent was in November 2009.29  GCCI, in cooperation with GIEPA, also 
coordinates participation of its members in ot her international trade fairs, on request from 
international partners.30 
(3) MEASURES AFFECTING PRODUCTION AND TRADE  
(i) Incentives 
71. As noted in Chapter II, the principal legal inst rument for investment in production and trade is 
now the GIEPA Act, and the principal policy measure is the Special Investment Certificate (SIC).  
According to the authorities, some US$174 million h as been invested in operations under the SIC;  
between 2002 and 2009, 65 registered companies or projects entered into operation under the scheme, 
with 15 currently in the pipeline for approval. 
72. Specific incentives are also provided for holde rs of a petroleum production licence, under the 
Petroleum Act (see Chapter IV(3)). 
                                                                                                                                                                     
investment schemes, which "provides an excellent opportunity to make the process of setting up an 
export-oriented investment in The Ga mbia easier and more transparent". 
28 World Bank (2007) , Chapter 4.  The DTIS noted "the ECOWAS practice of not allowing exports 
from free zones into ECOWAS", and suggests that the Gambian Government "should press for a change, to 
allow exports from free zones into ECOWAS  on payment of the appropriate duties". 
29 Daily Observer , "Gambia:  Trade Fair Successful",  2 December 2009.  Viewed at:  
http://allafrica.com/stories/200912030434.html. 
30 According to the authorities, Gambian participation in  international trade fairs in 2010 includes fairs 
in Belgium, Germany, Iran, Romania, Senegal, Turkey, and the United States. The Gambia WT/TPR/S/233 
 Page 41 
 
 
(ii) State enterprises and privatization 
73. The Gambia has been slow to reform state enterp rises.  In principle, there were two phases of 
reform:  between 1986 and 1994, and from 2001 onw ards.  The 2001 divestiture programme was 
supported by the World Bank under the Trade Gateway project.31 
74. In 2001, the Gambia Divestiture Agency (GDA)  was established under the Divestiture Act.  
Its objectives were to:  (i) plan, manage, and impl ement the State's divestiture programme in respect 
of public enterprises and public interest;  (ii) deve lop criteria for the selection of public assets to be 
divested;  (iii) prepare public enterprises for divest iture;  (iv) ensure consistency in procedures for 
divestiture;  and (v) evaluate all state div estitures.  The GDA made recommendations to a 
sub-committee on divestiture tasked with consid ering the wider policy implications of such 
recommendations.  Final decisions  were taken by Cabinet. 
75. The GDA had the authority to adopt any of the following divestiture methods:  public offering 
of shares;  sale of shares by private placement;  negotiated sales where pre-emption rights existed and had been exercised;  sale of assets, including liquida tion;  attracting new private investments in public 
enterprises;  employee/management buyout;  and leasing or award of a management contract. 
76. The framework for divestiture developed by  the GDA covered 16 public enterprises, 
following a two-track approach.  Track I enterprises we re those considered to be of "key importance" 
to the economy;  four of these – GAMTEL, Gamb ia Civil Aviation Authority, Gambia Public 
Transport Corporation, and National Water and Electricity Company Ltd. – were statutory 
monopolies, while the Gambia Ports Authority was a de facto monopoly.  Track II enterprises were 
those considered not to be in need of major legi slative or regulatory measures before divestiture.  
Government's decision to privatize or not was con tingent on the completion of specific studies, and on 
the development of regulatory capacity;  the aim was to avoid replacing public monopolies with unregulated private monopolies. 
77. It appears that little, if any, progress was achieve d in the privatization and divestiture process, 
except in telecommunications, where GAMTEL's operations were opene d up to substantive 
competition in mobile telephony (Chapter IV(5)(iii )).  In addition, in 2004 the Gambia National 
Petroleum Company (GAMPETROLEUM) was established under the Petroleum (Exploration and Production) Act, with a monopoly on the import of petroleum products, hence a State Trading Enterprise as defined in GATT 1994.
32 
78. In December 2009, the National Assembly repeal ed the Divestiture Act, and all the rights, 
assets, liabilities interests, and obligations of the GDA  were transferred to the Ministry of Finance and 
Economic Affairs.  The Minister stated in the Asse mbly that the role and mandate of the agency had 
been diminishing over time, and that the div estiture programme had not gone according to plan33;  
there are no plans to revive the programme. 
                                                      
31 See WTO (2004), for details of these reform programmes. 
32 Article XVII of GATT 1947.  A ll state trading enterprises are to be notified under Article XVII.4. 
33 Daily Observer , "Divestiture Agency Act Repealed",  18 December 2009.  Viewed at:  
http://allafrica.com/stories/200912180861.html. WT/TPR/S/233 Trade Policy Review 
Page 42 
 
 
(iii) Competition policy and price controls 
(a) Competition policy 
79. Competition policy in The Gambia is regulated by the Competition Act, 2007.34 
80. The Act, which covers supply of both goods an d services in The Gambia, sets out the core 
elements of a competition regime administered  by a five-member, independent Competition 
Commission appointed by the President.35  The Competition Commission was appointed in 
October 2008.36  The Commission's powers of investigation extend to all classes of cases, and to the 
search for evidence to determine whether enterprises have complied.  The Commission may, subject 
to conflict of interest provisions, delegate its work to a designated Ministry or State agency. 
81. The Act prohibits two forms of restrictive business practices:  collusive horizontal 
arrangements (that have the object or effect of prev enting, restricting or distorting competition, by in 
any way fixing the selling or purchase price of the goods or services, or sharing markets or sources of supply), and bid-rigging agreements (where one of the parties to the agreement agrees not to submit a 
bid or tender in response to a call or request for bids  or tenders;  or the parties to the agreement agree 
on the price, terms or conditions of a bid or tender to  be submitted in response to a call or request for 
bids or tenders), on the grounds that they are inherently anti-competitive.
37 
82. The Commission is also mandated to take re medial action on certain restrictive business 
practices if these are shown to have an ti-competitive effects.  These include: 
− non-collusive horizontal arrangements in which the parties supply 30% of goods or services 
in the market concerned, and which the Co mmission has reasonable grounds to believe have 
anti-competitive effects; 
− monopoly situations, defined as situations in wh ich 30% or more of goods and services of a 
given description are supplied or acquired by on e enterprise;  a benchmark of 70% is applied 
in the case of three or fewer enterprises.  Th e Commission must have reasonable grounds to 
believe that the enterprises or enterprise in the monopoly situation is engaging in conduct that 
has the object of preventing, restricting or distorting competition, or in any other way constitutes an exploitation of monopoly power; 
− vertical agreements in which the Commission h as reasonable grounds to believe that one or 
more parties are in a monopoly situation;  and 
                                                     
 
34 First attempts to draft a Competition Bill were made in 2001, with assistance from the 
Commonwealth Secretaria t.  See WTO (2004). 
35 Despite the Commission's independence, the Minister of Trade, Regional Integration, and 
Employment may, by order, request the Commission not to in vestigate a case, or to discontinue an investigation, 
or to impose no penalty on an enterprise, if national security or the Gambia's international obligations would be 
affected. 
36 Daily Observer , "Competition Commission inaugurated", 29 October 2008.  Viewed at:  
http://allafrica.com/stories/200810300634.html. 
37 The Act defines such agreements as those implemented or intended to be implemented in 
The Gambia, thus technically allowing for the regulatio ns to cover agreements not formally concluded in 
The Gambia.  It is recognized that, in practice, the Commission would not be able to establish jurisdiction unless 
one or more of the parties concerned were legally re gistered in The Gambia.  The Act does not contain 
provisions allowing for the exchange of informa tion with competition authorities in other countries. The Gambia WT/TPR/S/233 
 Page 43 
 
 
− mergers, where one of the parties carries on its  business in The Gambia, or is operated or 
controlled by a body corporate incorporated in  The Gambia, and where either both parties, 
following the merger, account for, either as a supplie r or buyer, 30% of a particular market for 
goods or services;  or one of the parties to the me rger has, prior to the merger, a market share 
of 30% or more, either as a buyer or a s upplier.  The Commission must have reasonable 
grounds to believe that the creation of the merger  may result or may be expected to result in a 
substantial lessening of competition. 
83. Notable trade-related exceptions to the provisions of the Act include:  activities of a statutory 
monopoly;  any practices or agreements expressly required or authorized by an enactment;  any 
practice, conduct or agreement rela ting to export of goods from The Gambia or the supply of services 
outside The Gambia;  any agreement or conduct re lating to the protection, exercise, licensing or 
assignment of rights under copyright, design, pate nts or trade mark, or other intellectual property 
rights;  any practice, conduct or arrangement approve d or required under an inte rnational agreement to 
which The Gambia is a party;  any agreement or conduct relating to activities within a free zone under 
the control of GIPFZA/GIEPA. 
84. The penalties and remedies that may be imposed by  the Commission are:  a directive to cease 
to be party to the agreement or to terminate or modify the agreement, or its parts contravening the 
prohibition;  and/or the imposition of a financial pe nalty, where the breach of the prohibition has been 
committed intentionally or negligently.  The maxi mum penalty is 10% of turnover assessed over the 
period during which the breach was committed. 
85. When the Commission has determined that ther e are adverse effects on competition, it may 
issue directives to an enterprise seeking to remedy, mitigate, or prevent identified adverse effects or 
any detrimental effects on users or consumers.  In relation to prospective mergers, directives may include blocking the merger or imposing requirements as to the divestment of assets or the pursuit of a 
certain course of conduct to allow the merger to proceed.  The Act also allows for the adoption of 
interim measures by the Commission, and for ente rprises to offer undertakings or commitments 
relating to their future conduct.  The Commissi on may determine a case on the basis of an 
undertaking, if its concerns about anti- competitive behaviour are fully addressed. 
86. In order to enforce directives issued or undert akings agreed, the Commission may use all its 
powers of investigation to establish whether an ente rprise has complied;  it must hear representations 
from the enterprise before delivering a verdict of  non-compliance, and must receive a court order 
from the Commercial Division of the High Court of The Gambia to enforce compliance. 
87. The Commission is required to publish the reasons for all its decisions;  all decisions, 
determinations and directives may be appealed be fore the Commercial Division of the High Court. 
(b) Price controls 
88. Under the provisions of the 1974 Price Control Act, the Minister of Finance, in  collaboration 
with the Minister of Trade, Regional Integrati on and Employment, has power to declare and to 
implement price controls on commodities or classes of commodities.  The Act established a Price 
Control Committee, designed to help, and provides fo r the appointment of price controllers and price 
inspectors. 
89. At present, there are no price controls imposed under the Act. WT/TPR/S/233 Trade Policy Review 
Page 44 
 
 
(iv) Intellectual property 
90. Since the previous review of The Gambia, two major changes have been made in The 
Gambia's protection of industrial property (Table III.6).  A new Copyright Act entered into force in 
April 2004, and the Industrial Property Act, 1999/2005, entered into force on 2 April 2007;  both Acts 
modernize The Gambia's IP legislati on, replacing outdated United Kingdom laws. 
Table III.6 
Main intellectual property legislation, 2010  
Subject Legislation 
Copyright and related rights Copyright Act, 20 04, replacing the United Kingdom Copyright Act, 1915 
Patents (including employees' 
inventions) Industrial Property Act, 2007 
Patents registered under the United Kingdom Patent s Act, 1925, remain in force for the unexpired 
period of protection, subject to payment of appropriate fees 
Trade marks (including unfair 
competition) Industrial Property Act, 2007 
Trade marks registered under the UK' s Trade Marks Act, 1916, remain in  force; they will be due for 
renewal within the same period as under that Act or  ten years from the entry into operation of the 
Industrial Property Act, whichever is earlier, and upon renewal will be reclassified in accordance with 
the International Classification of Goods and Servi ces for the Purposes of the Registration of Marks 
under the Nice Agreement 
Industrial designs and utility 
models Industrial Property Act, 2007  
Industrial designs registered or under application in the UK shall be considered as valid in The Gambia 
if an application is made within 12 mont hs of the entry into  force of the Act 
Source :   Information provided by the Gambian authorities. 
(a) Industrial property 
91. The Industrial Property Act repealed three UK Ac ts previously applicable in The Gambia:  
the Patents Act 1925, which protected UK-granted patent s in The Gambia by local re-registration;  the 
Designs (Protection) Act 1936, which gave automati c local protection to UK design registrations;  and 
the Trade Marks Act 1916, which established a na tional trade mark system based on the UK law 
before 1938, extending only to goods. 
92. According to the authorities, implementing regula tions for the Act are currently being drafted. 
93. The Act provides for the registration/grant of patents, utility models, industrial designs and 
trade marks.  The international classification system of the Nice Agreement is applied.  Service marks 
may be registered.  Multi-class applications may be possible.  Paris Convention priority may now be 
claimed.  Provisions are retained for the publica tion of accepted trade mark applications and for 
oppositions. 
94. The term of trade mark protection is ten years from the date of filing.  Subsisting trade mark 
registrations are deemed to remain registered under the new system and will be renewable at expiry of 
their 14-year terms until 2 April 2017, when al l such marks, remaining un-renewed, will be 
renewable.  Licensing of trade marks is now available, subject to detailed control by the Minister.  
ARIPO patents are recognized, but not ARIPO trade mark registrations because The Gambia has not yet subscribed to the relevant Protocol;  nevertheless, the authorities state that they will facilitate 
registration of trade marks under ARIPO.
38 
95. Applications for registration of trade marks mu st be filed with the Registrar General.  
Protection is granted for ten years from the filing date of the application, and the registered trade mark 
                                                      
38 Spoor and Fisher online information,  "Gambia:  New Indust rial Property Act is brought into force".  
Viewed at:  http://www.spoor.com/home/ index.php?ipkMenuID=&ipkArticleID=95. The Gambia WT/TPR/S/233 
 Page 45 
 
 
must be published in the national Gazette .  In practice, capacity constraints have led to a backlog of 
12 years in the publication of registered trade mark s, thus hampering the enforcement of trade mark 
protection.  No information is available on how the non-utilization of patents is dealt with, nor on the 
procedures for the renewal of patents.  There are no provisions relating to pa rallel imports or issuing 
compulsory licences in respect of provisions relating to patents. 
96. Enforcement is through the High Court, which has jurisdiction to hear cases under the Act 
and grant injunctions against infringements.  Benefi ciaries of protection may initiate proceedings in 
writing, requesting that the court issue an injunctio n to prevent infringement or potential infringement, 
or any unlawful act.  The court may also award compensation or order any other remedy deemed 
appropriate. 
(b) Copyright 
97. The Gambia's Copyright Act, 2004, entered into force on 28 April 2004.  It covers all original 
literary, artistic, musical, sound recording, audio- visual, choreographic works, derivative works, 
programme-carrying signals, computer programs, and folklore, created by Gambian citizens or 
corporate bodies, first published in The Gambia, cove red by international protection treaties to which 
The Gambia is a party, published in a country that  is a party to a treaty to which The Gambia also 
belongs, or published by the Unite d Nations and its specialized agencies, the African Union, or 
ECOWAS.  Economic and moral rights of authors are protected until 50 years after the death of the last surviving author, or in the case of a collec tive or audiovisual work, from the date the work was 
first made or published.  Works of applied art recei ve 25 years' protection.  The Act also contains 
provisions for the protection of performers' right s and those of broadcasting organizations and 
producers of recorded material.  Copyright infringeme nt falls under the jurisdiction of the High Court, 
which may issue injunctions, authorize seizure of articles and order destruction of copies.  Risk of continued infringement may be subject to a fine of up to D 100,000;  infringement of copyright "by 
gross negligence and for profit-making purposes" may be punished by a fine of D 500,000 and/or up to three years' imprisonment. 
(c) Membership of international organizations 
98. The Gambia has been a member of the Worl d Intellectual Property Organization (WIPO) 
since 1980, and acceded to the Paris Convention in 1992 and the Berne Convention in 1993.  It has 
been a signatory to the Patent Cooperation Treaty since 1997, the Patent Law Treaty since 2000, and has been a member of the African Regional I ndustrial Property Organization (ARIPO) since 1985, 
covering patents but not, to date, trade marks.
39 
(d) Notification 
99. The Gambia has yet to notify its intellectual property legislation to the WTO. 
 
                                                      
39 WIPO online information, "Guide to Intellectual Property Worldwide".  Viewed at:  
http://www.wipo.int/about-ip/en/ipworldwide/country.htm.   ARIPO contracting parties are:  Botswana, The 
Gambia, Ghana, Kenya, Lesotho, Malawi, Mozambique, Sierra Leone, Sudan, Swaziland, Tanzania, Uganda, Zambia, and Zimbabwe.