WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO 
WT/TPR/M/247/Add.1 
29 August 2011 
 (11-4229) 
Trade Policy Review Body 
28 and 30 June 2011 Original: English/Spanish
 anglais/espagnol
 inglés/español 
 
TRADE POLICY REVIEW 
NIGERIA 
Record of the Meeting 
Addendum 
Chairperson:  H.E. Mr. Mario Matus (Chile) 
 This document contains the advance written questions, and replies provided by Nigeria.1 
__________________________________________________________________________________  
 
Organe d'examen des politiques commerciales 
28 et 30 juin 2011  
EXAMEN DES POLITIQUES COMMERCIALES 
NIGÉRIA 
Compte rendu de la réunion 
Addendum 
Président:  S.E. M. Mario Matus (Chili) 
 
 Le présent document contient les questions écrites communiquées à l'avance et les réponses 
fournies par le Nigéria.1 
__________________________________________________________________________________  
Órgano de Examen de la s Políticas Comerciales 
28 y 30 de junio de 2011 
 
EXAMEN DE LAS POLÍTICAS COMERCIALES 
NIGERIA 
Acta de la reunión 
Addendum 
Presidente:  Excmo. Sr. Mario Matus (Chile) 
 
 En el presente documento figuran las pre guntas presentadas anticipadamente por escrito, 
junto con las respuestas facilitadas por el Nigeria.1 
                                                      
1 In English and Spanish only./En anglais et espagnol seulement./En inglés y español solamente.   
  WT/TPR/M/247/Add.1 
 Page 3 
 
 
 REPLIES PROVIDED BY NIGERIA 
BRAZIL  
Question 1 
According to the Secretariat's Report (WT/TPR/S/247 ), page 49, para. 22: "In addition to programmes 
funded by public spending, agriculture policy in Nigeria continues to rely on trade measures, 
including a prohibition on imports of a range of products, including poultry and eggs, pork, beef, 
cassava, some refined vegetable oils, cocoa butter,  powder and cakes, spaghetti and noodles, packed 
fruit juice, and drinking waters.  The list of produc ts used to be considerably longer and, until end-
2007, included flowers, fresh and dried fruit, maize,  wheat flour, crude vegetable oils, linseed oil, 
castor oil and olive oil, sugar confectionaries, biscuits, and beer. 
Could Nigeria explain how such a ba n is consistent with WTO rules? Is there a schedule to remove the 
measure, or to decrease the number of products subject to it? It is important to highlight that in the 
context of the "Trade Policy Review", in 1998 and in 2005, the Government of Nigeria recognized 
that its legislation was not in accordance with WT O rules and agreed on the reduction of the list of 
prohibited products.  
Answer 
Nigeria has continued to review the import pr ohibition list.  The list has being reduced 
drastically from 45 items in 2005 to 26 in 2010 sinc e the last review.  In line with its commitment 
at ECOWAS level the remaining products will be tarrified with the full implementation of the Common External tariff, which was approved by the Authority of Heads of States and 
Government in 2010. 
Question 2 
Prohibition of imports/SPS Agreement What is the scientific justification for not allo wing imports of poultry, eggs, pork and beef from 
Brazil, taking into account Articles 2.2 and 2.3 of SPS Agreement? 
Answer 
The restrictions on imports of poultry, eggs, pork and beef are applied on MFN basis.  The 
objective is to safeguard and protect human, anim al or plant life or health.  As a result of 
inadequate institutional and technical capaci ty, including relevant testing and certification 
facilities, the restrictions were put in place wh en importers were no long er complying with the 
appropriate safety requirements.  It is, howev er, expected that the measures would be relaxed 
upon the provision of technical assistance by Members and appropriate international 
organisations in areas such as processin g technologies, research and infrastructure. WT/TPR/M/247/Add.1 
Page 4  
 
 Question 3  
Secretariat Report 
II. Trade Policy Regime 3. Investment Regime – paragraphs 11 to 18 
Could Nigeria please provide information on an y technical assistance/cooperation, including 
bilaterally, regarding the objective of improving the climate for investment? 
Answers 
Nigeria has received technical assistance and support from UK DFID for Growth and 
Employment in States (GEMS), with a component on improving business and investment climate.  There has also been some coopera tion with UNCTAD, UNIDO, GIZ and USAID.  
Additional technical assistance and cooperation would be required to achieve an optimal 
outcome in this area. 
Question 4 
Secretariat Report 
II. Trade Policy Regime 
(4) Trade Agreements 
(iii) Non-reciprocal and asymmetric preferential arrangements 
Paragraph 28 "As part of ECOWAS, Nigeria is in negotiations with the EU on an  Economic Partnership Agreement. 
At the time of writing, Nigeria negotiations rema in ongoing with several outstanding issues to be 
resolved." 
1. Could Nigeria please provide information on the outstanding issues in the 
negotiations of an Economic Partne rship Agreement with the EU?  
 2. Could Nigeria please inform when the negotiations should be expected to be 
concluded? 
Answer 
The major outstanding issues in the first phase of the EPA negotiations in West Africa are: the 
MFN clause scheduling of market access, financin g of the EPA development plan, the exclusion 
of Community Levies from the tariff liberalisat ion process; the possibility for WA region to 
review the liberalisation timetable the definition of  customs duties in the EPA; the elimination of 
WA export taxes;  and the period for the impl ementation within West Africa of the 'free 
practice regime' in order to facilitate the free movement of goods. 
 1. Other outstanding issues are: the MF N clause, the elimination of all export 
subsidies and substantial and speedy reduction of internal supports, the 
simultaneous application of anti-dumpi ng and compensatory measures on the 
same products, the elimination of cleari ng agents and pre-boarding inspection; 
rules of origin, non execution clause, investment and competition.  
 2. The EPA negotiations between West Afri ca and the EU are ongoing.  Nigeria is 
fully committed to a regional Agreement and is therefore working closely with  WT/TPR/M/247/Add.1 
 Page 5 
 
 
 other ECOWAS member states to ensure that a development-friendly EPA is 
concluded as soon as possible. 
Question 5  
Secretariat Report 
III. Trade Policies and Practices by Measure 
Paragraph 60 
The import of food products by Nigeria, as well as medicines, cosmetics and medical devices requires 
a certificate to be issued by the competent authority of the exporti ng country, sample testing of the 
imported good by the National Agency for Food and Drug Administration and Control (NAFDAC) 
and the authentication of the aforementioned certificat e by the Nigerian Embassy. Given that this last 
requirement (consularization) hinders the exports of such products, generating delays and increasing 
costs, the Brazilian Government would like to r eceive comments on the possibility of its removal.  
Answer 
The objective of these measures is to address the challenges associated with fake, counterfeit and 
pirated products. The requirement of consular ization is further aimed at avoiding false 
declarations and documentation. Presently, Nigeri a is reviewing the process, particularly with 
respect to those countries that have been able to reach mutually agreed bilateral arrangements. 
Question 6 
Secretariat Report 
III. Trade Policies and Practices by Measure 
Paragraph 61 
Taking into consideration that Nigeria has alread y recognized in previous TPRs that the current 
prohibition on the imports of meat lacks legal s upport, Brazil would like to know when its sanitary 
authorities would start to individually evaluate the sanitary conditions of each country willing to 
export meat to Nigeria. 
Answer 
The restrictions on imports of poultry, eggs, pork and beef are applied on MFN basis.  The 
objective is to safeguard and protect human, anim al or plant life or health.  As a result of 
inadequate institutional and technical capaci ty, including relevant testing and certification 
facilities, the restrictions were put in place wh en importers were no long er complying with the 
appropriate safety requirements.  It is, howev er, expected that the measures would be relaxed 
upon the provision of technical assistance by Members and appropriate international 
organisations in areas such as processin g technologies, research and infrastructure. WT/TPR/M/247/Add.1 
Page 6  
 
 UNITED STATES 
WT/TPR/G/247 
Page 9, paragraphs 25-26 Nigeria has enacted two new laws in its efforts to  improve its oil and gas industry, The Petroleum 
Industry Bill (PIB) and the Nigerian Oil and G as Industry Content Development Act.  How does 
Nigeria expect these two laws collectively to impact  the oil and gas sector?  What changes did Nigeria 
make to the current version of the Petroleum I ndustrial Bill (PIB) to accommodate/support the Nigeria 
Content Act? Please describe the pr ocess by which Nigeria took its WTO obligations into account in 
the Nigeria Content Act and the PIB. 
Answer 
The Petroleum Industry Bill and the Nigerian Oil and Gas Industry Content Development Act 
(NOGICDA) are products of Government Refo rm Agenda which commenced shortly before 
democratization in 1999. The reform Agenda is in  the best interest of Nigeria and is equally 
promoted and supported by all stakeholders in  her effort to achieve sustained economic 
development including multilateral institutions . Prior to democratization in 1999, economic 
development pace in Nigeria was sluggish an d characterized by unstable macroeconomic 
framework. The petroleum sector, which had become the mainstay of the economy, faced much challenges with minimal impact on other s ectors of the economy despite substantial 
opportunities. Total petroleum contribution to GDP in 2000 was 29% but declined to 13.7% by 
2009 even though total contribution to revenue at an average of about 81% increased from N1,592 Bn to N3,192 Bn within the same time fr ame. The downstream sect or was bedeviled with 
products shortages, pipeline vandalism a nd apparent decadence and disinvestment.  
The antidote to the malaise was complete deregu lation across productive sectors; the overhaul of 
economic structures and the emplacement of cri tical infrastructures. The Nigerian Gas Master 
Plan, PIB, NOGICDA, and the consistent effort  at transforming NNPC are components of the 
overall reform agenda. These policy measures are ge ared towards encouraging Private Sector 
Participation, enhanced value addition and di versification of economic productive base, The 
PIB, which is the legislative arm of the refor m process, separates Policy, Regulatory and 
Commercial   roles in the industry and promot es Transparency & Accountability among others.  
The NOGICDA addresses the domestication of the pe troleum sector which is vital and central in 
the effort to diversify the productive base. 
The objectives of the NOGICDA are borne out of economic development consideration only, 
hence the following clause protect the interest of foreign trading partners:  
Part 1, Section 47 – Additional Provision for Foreign supplier of petroleum-based goods & 
services to "invest in or set up facility, factor y, production units or other operations within 
Nigeria for the purpose of carrying out any production, manufacturing or for providing a service otherwise imported into Nigeria." 
The legislative process in Nigeria involves extens ive consultation both in the preparation and 
consideration of any bill by the National Assemb ly. The international oil Companies as well as 
other stakeholders in the oil and gas sector were actively involved in that process and their views including Nigeria multilateral obli gation were taken into account. 
The PIB is yet to be enacted as it is before the national assembly. Details of its provision would 
be correctly captured when finally approved by the National Assembly.  WT/TPR/M/247/Add.1 
 Page 7 
 
 
 Page 17, para. 60 
Nigeria's report notes its the view that indigenous  firms have not been benefiting "sufficiently" from 
the country's oil wealth, leading the government to establish local content be nchmarks for goods and 
services contracts in the sector.  It ascribes failure  to achieve these benchmarks to "the absence of 
legislation" and "inadequate monitoring and su pervision capacity" by the National Petroleum 
Corporation. 
 - Has the government considered other factors that may be inhibiting local sourcing of 
goods and services in the oil sector, such as lack of availability, inability to meet 
customer requirements, or uncompetitive pricing? 
Answer 
The Nigeria content campaign is not borne out a notional desire to distribute the national oil 
wealth among the nationals but the hard fact that petroleum as the prime sector has not significantly imparted other sectors of the economy  like the other notable oil nations.  The issue 
is that of economic dislocation which government  must address for sustained development.  In 
addressing this problem, government established the Nigeria content department long before 
this Act with the responsibility to build Nigeria's ca pacity in oil and gas sector.  This essentially 
was to mitigate "lack of availability" "inability to meet customers requirement" and "uncompetitive pricing" referred to in the quest ion.  This remains a major Strategy and Action 
Plan that the new Nigerian Content Deve lopment and Monitoring Board (NCDMB) is 
employing in advancing the profile of the Nigeria entrepreneur in petroleum business. 
Oil companies operating in Nigeria have to date presumably chosen from among local and 
international goods and services based on purely commerc ial factors such as availability, quality and 
price.  Why does the government believe that legisl ation should take the place of market competition 
in determining supplier relationships in this sector? 
Answer 
Governments in recent years strengthened the oil and gas contractual process through the 
establishment of NIPEX and other policy measures.  It has continually provided a level playing 
ground for all players in the industry.  This is ev idenced in the provisions of the Nigeria Content 
Act and PIB.  The Nigeria Content Act operat es correspondingly with indigenous capacity 
building as government remains a foremost promoter of a competitive oil sector. 
 - How does Nigeria's policy in this sector acco rd with the government's objectives to 
improve economic efficiency, enhance compe tition, remove protection, and accelerate 
liberalization reforms? 
Answer 
The policy is intended to raise standard of living and promote social cohesion. 
Page 17, para. 61 
Nigeria's report notes that the Nigerian Content Act introduces  new policies and legislative changes 
that "seem to change the shape of the oil and gas business in Nigeria," and "pose[ ] a challenge to the 
operations of international oil companies that may need to reposition their operations" to conform with 
the law's new requirements.  The report by Nigeria al so notes declining growth of the country's oil and 
gas sector (including negative growth rates for 2006-2009) and its impact on overall economic growth, WT/TPR/M/247/Add.1 
Page 8  
 
 while noting that the sector is already produci ng well below capacity due to infrastructure and 
security-related problems. 
 - In this context, what further impact do es Nigeria believe implementation of the new 
local content law will have on oil and g as production, in light of the possible 
"repositioning of operations" that the law will necessitate? 
Answer 
Further impact to derive from implementati on of the new local content law includes: 
 I. Increasing participation of Nigerians in the oil and gas sector 
 II. Increasing Nigerian participatory production component in oil and gas  III. Increasing Nigerian oil and gas GDP component 
 IV. Oil communities and other Nigerian st akeholders are happier and encouraged as 
important stakeholders in the petroleum extractive industry. 
 V. Lasting peace in all operating theatres;  collaborative and supportive effort that 
takes oil and gas operations to a hitherto elusive level – A win-win-win industry situation. 
Page 22, 4.2 Import Policy, para. 85 
Nigeria notes that it is "committed to the elimina tion of quantitative restrictions." Please describe he 
steps that Nigeria is taking to eliminate such restrictions. 
Answer 
Nigeria has continued to review the import prohibition list. The list has being reduced 
drastically from 45 items in 2005 to 26 in 2010 sinc e the last review.  In line with its commitment 
at ECOWAS level the remaining products will be tarrified with the full implement of the 
Common External tariff, which was approved by the Authority of Heads of States and 
Government in 2010. 
Nigeria has already eliminated some of the it ems under prohibition and is in the process of 
tarrifying the remaining ones under the CET.  
Pages 22-23, 4.2 Import Policy, para. 85 
Nigeria states that quantitative restrictions are imposed "to protect plant and animal life and the 
physical environment because of lack of ins titutional and technical capacities for acceptable 
alternative trade policy instruments(s)."  Please explain each of these restrictions in light of Nigeria's WTO SPS Agreement obligations. 
Answer 
The restrictions on imports of poultry, eggs, pork and beef are applied on MFN basis. The 
objective is to safeguard and protect human animal or plant life or health. As a result of inadequate institutional and technical capaci ty, including relevant testing and certification 
facilities, the restrictions were put in place wh en importers were no long er complying with the 
appropriate safety requirements.  It is, howev er, expected that the measures would be relaxed 
upon the provision of technical assistance by Members and appropriate international 
organisations in areas such as processin g technologies, research and infrastructure.  WT/TPR/M/247/Add.1 
 Page 9 
 
 
 Page 25, para. 94 
Nigeria states that in an attempt to curb piracy and provide a favorable atmosphere for its copyright 
system, the Nigerian Copyrights Commission (NCC)  initiated the Strategic Action Against Piracy 
(STRAP) campaign in 2005.  What is the status of th is campaign in light of Nigeria's efforts to enforce 
Part III of TRIPS?  Is it still underway in 2011? 
Answer 
The campaign is still ongoing and is yielding posi tive results. The efforts will be sustained to 
ensure eradication. 
Page 28, para. 109 
Nigeria states that it is drafting a National Bill on intellectual property protection that will proceed on 
the fast track.  When does the government expect this  legislation to be drafte d and implemented?  Will 
this bill cover all elements of intellectual property,  or just certain elements (e.g. GI's, patents, 
trademarks and/or copyrights)? Does Nigeria plan to revise the Copyright Act, Cap 68, LFN, 1990 as 
amended by the Copyright (Amendment) Decree No. 98, 1992 and the Copyright (Amendment) 
Decree 42 of 1999? 
Answer 
The bill has already been drafted and is expect ed to be considered and passed into law during 
the current 7th Session of the National Assembly.  Th e Bill covers only industrial property 
matters (Trademarks, Patents, geographical indi cation, etc).  Nigeria would revise the copy 
right whenever legislation on intellectual property whenever the need arises. 
WT/TPR/S/247 II. Trade Policy Regime:  Framework and Objectives 
(1) Trade Policy Formulation and Implementation 
Page 14, para. 5 The Secretariat's report states that Nigeria's devel opment partners have noted  that Nigeria is taking 
steps to include stakeholders in the development of legislation, including consultations with the 
private sector.  To what extent did Nigeria consult with stakeholders in the development of its local 
content law for the oil and gas sector, in partic ular with those companies whose operations the 
government has noted may need to be "repositioned" as a result of the law? 
Answer 
Right from inception, Nigeria carried all stake holders along before the Nigerian Oil and Gas 
Industry Content Development Act (N OGICDA) was finally enacted.  
Some important milestones to the Act included the establishment of NIPEX in NAPIMS, one of 
the achievements in NNPC Transformation pro cess. It was an e-contractual process aimed at 
solving the problem of long contractual circle in the industry. NIPEX's Joint Qualification System (JQS) with its comprehensive on-line da tabase on suppliers presented an opportunity to 
project the poorly represented Nigerian entrepreneur in oil and gas contractual business. The 
Nigerian participation and capacity building was actively promoted by the newly created 
Nigerian Content Division, which regularly consulted all stakeholders. Indeed, the entire process WT/TPR/M/247/Add.1 
Page 10  
 
 in the establishment of NIPEX, JQS was transparen t with the full participation, contribution of 
all stakeholders including International o il Companies IOCs and NNPC. Through the 
consultative forums, all operating companies maintained a Nigerian Content unit in their 
respective formations for regular consultation, Mo reover in line with legislative practice the bill 
was subjected to public hearing before enactment. 
III. Trade Policies and Practices by Measure 
(1) Measures Directly Affecting Imports (i) Procedures 
Page 23, (a) customs valuation, para. 4 According to the report, "Once the duty has been pa id, the bank notifies the Nigerian Customs Service 
(NCS), which will releases [stet] th e goods on request, after either a scan or physical verification.  In 
the event of any discrepancies, the importer or the agent must pay any additional duties at the 
designated bank before goods can be released."  Does Nigeria permit release of imported goods upon 
sufficient guarantee in accordance with Article 13 of the Customs Valuation Agreement (CVA)? 
Answer 
Yes. Section 12 of the Nigeria Customs Serv ice External Tariff of 2008 – 2012 provides for 
"security to the Nigerian Customs Service by bond or otherwise for another amount"(due as 
duty).  
Page 24, (a) customs valuation, para. 5 
According to the report, "If the transaction value is not available, then duty is determined based on the 
transaction value of identical goods or, when a comp arison with identical goods is not possible, the 
transaction value of similar goods is considered."  In light of Articles 2.3 and 3.3 of the CVA, does 
Nigeria require that, where more than one transacti on value of identical or similar goods is found, the 
lowest value shall be used to  determine the customs value? 
Answer 
Yes.  The lowest value is used to determine the customs value where more than  one transaction 
value of identical or similar goods is found. 
Page 24, (a) customs valuation, para. 5 
According to the Secretariat, "Reasonable value is de termined at the entry point on the basis of either 
the transaction value of identical goods or similar goods  sold for export to Nige ria at about the same 
time as the goods being valued.  However, in the ab sence of a database of values, this process seems 
arbitrary."  Please explain how values used in Nige ria's database are formulated.  How often are the 
values updated?  Is there an intention to expand the database on values beyond rice and motor 
vehicles? Do the values represented in the database es tablish the lowest value which can be used to 
determine customs value?   WT/TPR/M/247/Add.1 
 Page 11 
 
 
 Answer 
Yes. There are plans to expand the data  base.  Yes. Lowest value is used. 
Page 24, (a) customs valuation, para. 6 
According to the report, "If unsatisfied with the decision of the area comptroller, the importer has 
recourse to the comptroller-general of customs and fina lly the courts."  In respect of Article 13(5) of 
the CVA, which court or courts in Nigeria have ju risdiction of matters involving customs valuation? 
Answer 
The Federal High Court exercises original ju risdiction over customs valuation matters. 
(ii) Tariffs 
Page 25, para. 14 
The Secretariat states: "The significant difference (106.5%) between the average applied MFN tariff 
rates and the average bound rates, and the fact that  less than 20% of tariff lines are bound, gives the 
authorities considerable scope to raise tariffs , thereby making the tariff quite unpredictable 
(Table III.1)."  While we note that adoption of the 2008-2012 Economic Community of West African 
States (ECOWAS) Common External Tariff (CET) is part of the government of Nigeria's economic 
reforms what further tariff measures is Nigeria considering to improve its trade and investment 
environment?   
Answer 
Due to adoption of the ECOWAS CET furthe r tariff measures to improve the trade and 
investment environment would be dependent on regional priority of the regional body. 
(v) Other duties and taxes 
Page 29, (v) Paragraph 21 
The United States understands from Nigerian Custom s Service representatives who recently met with 
U.S. Customs and Border Protection officials that pa ragraph 21 of the Secretariat's Report is outdated 
and no longer valid.  Is this the case?  If so, please up date the information cont ained in this paragraph 
of the Secretariat's Report. 
Answer 
Paragraph 21 of the Secretariat Report is not ou tdated except that National Automotive Council 
levy of 20% is the only item eliminated from list of items. 
(vii) Import prohibitions, restrictions, and licensing 
Pages 30-31, para. 24 According to the Secretariat, "The Import Prohibition List is used mainly to protect domestic industry 
(Table AIII.1)."  The list consists of a range of consumer goods, which includ es many textile fabrics, 
carpets and rugs, and most appa rel, made-up textile goods, footw ear, and luggage.  Please explain 
Nigeria's Import Prohibition List in light of its WTO obligations, including Article XI of the GATT. WT/TPR/M/247/Add.1 
Page 12  
 
 Answer 
Nigeria has continued to review the import pr ohibition list.  The list has been reduced 
drastically from 45 items in 2005 to 26 in 2010 sinc e the last review.  In line with its commitment 
at ECOWAS level the remaining products will be tarrified with the full implement of the Common External tariff, which was approved by the Authority of Heads of States and 
Government in 2010. 
Page 31, para. 28 
According to the Secretariat, "Applications to impor t prohibited goods or restricted products need to 
be made three months in advance of intended importa tion.  The quantity allocated to each importer, or 
to be imported from each country, is stated in i ndividual permits, but not published.  The quantity is 
determined on the merit of each application.  Acco rding to the authorities the President is the only 
authority that can grant a waiver to import prohib ited goods."  Please explain Nigeria's application to 
import  prohibited goods or restricted products pr ocedures in light of its WTO obligations, including 
Article XI of the GATT. 
Answer 
Measures applicable to the import of restricted and prohibited goods involve a transparent 
process. Generally to add or remove any good fr om the prohibition list a request needs to be 
made to Minister of Finance, who after reco mmendations of Tariff Technical Committee and 
the Tariff Review Board forwards the recomme ndation to the President for approval and 
ratification by the Federal Executive Council. In  the consideration of requests special attention 
is given to Nigeria's rights under Articles xx , xviii.A and xviii.C. 
(viii) Contingency measures  
Page 32, (b) Safeguards, para. 30 Please discuss the content and status of Ni geria's proposed safeguard legislation. 
Answer 
The Proposed Safeguard legislation provides for conditions under which a safeguard measure 
maybe applied to aproduct; inveas gation; determination of serious injury or thraet thereof; and 
the application of Safeguard measures, includi ng provisional measures, duration and review. 
The bill is under the legislative process in the National Assembly. 
(2) Measures Directly Affecting Exports 
(i) Export taxes, charges, and levies 
Page 33, para. 35 
The report notes that the Nigerian Export Promoti on Council (NEPC) is "not currently operational." If 
not, then how will the NEPC orders affecting co coa and mineral/agricultural raw materials be 
reviewed and possibly rescinded? 
Answer 
There appears to be a factual error in the Secretar ial report, The NEPC as an organisation is 
fully operational and is responsible for the promotio n of non oil exports in Nigeria. The fact is  WT/TPR/M/247/Add.1 
 Page 13 
 
 
 that it is the export levy on primary commodities that should have been reflected as not being 
currently operational. 
(iv) Export incentives 
Page 33, paragraphs 37-43 The United States notes that Nigeria submitted a notification to the Committee on Subsidies and 
Countervailing Measures (G/SCM/186/NGA) stating it did not maintain any notifiable subsidy 
programs under Article 25.1 of the Agreement on S ubsidies and Countervailing Measures.  However, 
according to the Secretariat's report, Nigeria appear s to maintain several export contingent subsidies 
which seem to meet the notification requirements set forth in Article 25 of the Subsidies Agreement.  
Please explain why these programs were not notified and the nature of these programs in light of 
Nigeria's obligations under Article 3 of the Subsidies Agreement.  
Answer 
The provision of SCM agreement (Article 27:2) exempts developing countries with per capita 
income of less down US$1,000 from the prohibition of export subsidies. 
All programmes referred to have been largely put  in place to improve business and investment 
climate and attract Foreign Direct Investment as part of the industrial policy in Nigeria. They 
are applied to both domestic and foreign inv estors and the products are also made for the 
domestic market. Nigeria therefore considers these programmes as being specifically targeted as part of an export promotion strategy. 
(3) Measures Affecting Production and Trade 
(iii) Standards and quality infrastructure 
Page 38, (b) Sanitary and phytosanitary measures, para. 58 
The report states that "SON is th e enquiry point for food standards" and "NAFDAC is the enquiry 
point on SPS issues."  Please discuss the division in food safety-related jurisdiction between the SON and NAFDAC enquiry points. 
Answer 
SON is the overall standard setting body, while NAFDAC is the implementing agency for food 
safety.  SON is the enquiry Point for Techni cal Barrier to Trade (TBT) while NAFDAC is the 
Enquiry Point for Sanitary and Phytosanitary (SPS) measures.  NAFDAC is responsible for 
protecting human, animal and plant life or health by ensuring food safety.  This function is 
carried out through NAFDAC's mandate in the Decree setting up the Agency.  (Decree 15 of 1993 as amended now NAFDAC Act Cap N1 LFN 2004). 
Page 38, (b) Sanitary and phytosanitary measures, para. 61 
The report indicates that the NAQS has been in exis tence since 2007.  However, the "the bill that 
created the NAQS has been passed by the National Assembly and is awaiting Presidential approval."  
Please explain the basis for NAQS's existence if th e bill establishing the new agency has not yet been 
signed into law. WT/TPR/M/247/Add.1 
Page 14  
 
 Answer 
Prior to the establishment of the NAQS, differen t departments existed which implement various 
laws and regulations which are still applicable and are being used.  The establishment of NAQS 
is therefore, aimed at creating a single institut ion, to carry out these responsibilities in order to 
ensure efficiency, effectiveness and reduce admini strative bottlenecks.  The operations of NAQS 
are currently based on the existing legislation which will only be repealed after the President 
would have approved and signed the Bill creating NAQS into law.   
Page 38, (b) Sanitary and phytosanitary measures, para. 61 
What criteria do the Nigerian veterinary aut horities apply in granting licenses for the import of 
animals, animal products, and birds? 
Answer 
The criteria mostly applied by the Nigerian Vete rinary Authority in granting licences include:  
- Mutually agreed zoosanitary standards of countries of origin and destination;  - Accompanying documents duly signed by  the Chief Veterinary Officer of the 
country or any approved proxy, stating a satisfaction with the health details 
provided from the country of origin; 
- Import certification (verification of import permit issued by the Livestock 
Department and outlining the manner in  which the item can be imported); 
- Quarantine clearance issued by NAQS a fter confirmation of bio-statistics and 
absence of disease, pests in live animals and screening of products, by-products for contaminants or infectious agents. 
Page 38, (b) Sanitary and phytosanitary measures, para. 61 
The report states that Nigeria currently has a ban on all types of meat.  Please describe the ban, 
including which specific meat and poultry products are covered by the ban.  In addition, please 
explain this ban in light of Nige ria's WTO SPS Agreement obligations. 
Answer 
The restriction on import of poultry, eggs, pork and beef are applied on MFN.  The objective is 
to safeguard, and protect human, and animal or plant life or health, As result of inadequate 
institutional and technical capacity including relevant testing and certification facilities. The 
restrictions were put in place when the import ers were no longer complying with appropriate 
safety requirement. It is however, expected th at the measures will be relaxed upon the provision 
of technical assistance by members and appropriat e international organisation in areas such as 
processing technology research and infrastructure. 
Page 38, (b) Sanitary and phytosanitary measures, para. 61 
The report states that Nigeria has a ban on genetically modified products, except for research 
purposes.  Please explain the current status of this ban.  WT/TPR/M/247/Add.1 
 Page 15 
 
 
 Answer 
Genetically Modified Organisms are not under ban.  However, the products are expected to be 
properly labelled in line with NAFDAC requirem ent which should indicate Genetically 
Modified (GM) Foods or Genetically Mo dified Organisms (GMOs), where present. 
(iv) Intellectual property rights Page 40, para. 69 
The Secretariat says that patent applications must be made by Nigerian residents.  How does this 
impact foreigners seeking to protect their innovations in Nigeria? 
Answer 
This process does not impact negatively on fore igners seeking to protect their innovations in 
Nigeria however applications  for patents must be submitted for registration through an agent 
or persons residing in Nigeria. 
Enforcement of intellectual property rights 
Page 40, para. 72 The Secretariat Report states that enforcement of in tellectual property rights is a "slow process" and 
that "most companies consider damages awarded to be too small to be an effective deterrent."  Please 
describe the measures that Nigeria is taking to ensu re effective enforcement of intellectual property 
rights in light of the government's obliga tions under TRIPS, including Article 41.   
Answer 
 a) Measures are available to the registered  intellectual property owners to enforce 
their rights. Such measures include, injunctions damages, delievery up of the 
infringing goods and account of profit. 
 b) Under the merchandise act there is provision for criminal action against trade 
marks abuse/ infringements. 
 c) Government is pursuing strategies on e ffective enforcement of IP rights through:  
review of IP law, cooperation between registration bodies and 
judiciary/enforcement authorities and public enlightment and awareness 
campaign. 
Page 40, paragraphs 72 and 73 
In civil cases, may provisional measures be ordered inaudita altera parte  (i.e., without prior hearing of 
the other side, where appropriate, if delay poses a ri sk of irreparable harm to the rights holder or 
where there is a demonstrable risk of evidence bei ng destroyed)?  If so, please describe the procedures 
for requesting such measures.  
Answer 
Interlocutory orders may be made inaudita altera  parte, especially where the court is convinced 
about the urgency of the matter, and that delay can cause irreparable harm to the right holder WT/TPR/M/247/Add.1 
Page 16  
 
 or putting the other party on the notice may de feat the essence or is likely to allow the other 
party time to destroy the offending goods.  The court may allow "exparte" application and grant order to the applicant to inspect the de fendant premises to seize, copy or photograph 
materials which may be used as evidence in alle ged infringement case.  The defendant may also 
be obliged to surrender the offending goods and pr ovide information on the source of the supply 
of the infringing goods.  
In civil cases, please describe the manner in which infringing products are disposed of outside the 
channels of commerce.  Do rights holders in pr actice routinely request destruction of infringing 
goods?  
Answer 
Yes.  The right holders do in practice request destructions of infringing goods. 
In civil cases, do judicial authorities have the au thority to order destruction of materials and 
implements used in the creation of infringing goods? 
Answer 
Yes. Judicial authorities have the authority to  order destruction of materials and implements 
used in the infringing good. 
Does data exist on the suspension of release of counterfeit and piratical goods by  Customs? 
Answer 
No. 
Please describe the measures that Nigeria is taking to  provide for criminal procedures and penalties in 
the case of copyright piracy and trademark counterfe iting in light of its TRIPS Article 61 obligation. 
Answer 
The Bill has not been passed into law. 
IV. Trade Policies by Sector 
(1) Agriculture, Fishing and Forestry (i) Agriculture 
Page 47, (c) Agriculture policy, para. 16 
According to the report, "there is considerable o ff-budget funding applied" in the area of agriculture 
policy.  Recognizing that reliable data is "difficu lt to obtain," please provide as much information as 
possible about such off-budget funding and external aid to agriculture. 
Answer 
Off budget funding (counterpart funding) and extern al aid to agriculture in Nigeria  relate to 
specific donor assisted project including the Third National Fadama Development Project 
(FADAMA III) - World Bank Assisted; National Programme for Food Security (NPFS);  Community Based Agricultural and Rura l Development Programme (CBARDP)- IFAD 
assisted; Community Based Natural Resour ces Management Programme Niger Delta  WT/TPR/M/247/Add.1 
 Page 17 
 
 
 (CBWRMP)- IFAD Assisted; Multi-national NERICA Rice Dissemination Project- ADB 
Assisted; Rural Finance Building Pr ogramme (RUFIN)- IFAD Assisted. 
Page 48, (c) Agriculture policy, para. 20 
Please explain the operation of the "Guaranteed Minimum Price scheme." 
Answer 
The Guaranteed Minimum Price (GMP) Scheme was rolled out in 2008. The objective of the 
scheme is to encourage farmers and also stabiliz e price of crops and food commodities. Under 
the directives of the Federal Government of Ni geria, National Food Reserve Agency (NFRA) 
purchased about 174,000 metric tons of assorted  grains under the guaranteed minimum price of 
strategic grains reserves for storage at 12 functional silos across the country. 
Page 49, (c) Agriculture policy, para. 22 
The report notes that Nigeria maintains "a prohibiti on on imports of a range of products, including 
poultry and eggs, pork, beef, cassava, some refine d vegetable oils, cocoa butter, powder and cakes, 
spaghetti and noodles, packed fruit juice, and drinking waters."  Please explain the basis for these bans 
in light of Nigeria's obligations under the WTO Agreements. 
Answer 
The restriction on import of poultry, eggs, po rk and beef are applied on MFN basis. The 
objective is to safeguard, and protect human, and animal or plant life or health, As a result of 
inadequate institutional and technical capaci ty including relevant testing and certification 
facilities. The restrictions were put in place wh en the importers were no longer compliant with 
appropriate safety requirement. It is however, expected that the measures will be relaxed upon 
the provision of technical assistance by members and appropriate international organisation in 
areas such as processing techno logy research and infrastructure. 
(2) Mining and Energy 
(ii) Downstream oil 
Page 56, para. 58 
The Secretariat's Report notes that the Nigerian Content Development Bill, signed into law in 
April 2010, "obliges oil companies to use a Nigerian company if it is capable of fulfilling the task," if 
it has higher domestic content and if its bid is not more than 10% above the otherwise prevailing bid. 
Please describe the main features of the new law – sp ecifically, the companies that are subject to its 
requirements, and the range of activities that are subject to the local content mandate. 
Answer 
The Nigerian Content Act provides for the develo pment of the Nigerian Content in the oil and 
gas industry.  The planning, supervision, coordina tion, monitoring and implementation is vested 
in the Nigeria Content Development and Monitoring Board (NCDMB).  The Act seeks to project the Nigerian oil and gas players in an industry that hitherto excluded them to the detriment of a healthy and sustained economic development.  However, the Act which states that the Nigerian 
independent operators shall be given first consid eration in the award of oil blocks, oil field 
licences, oil lifting licences and all projects for wh ich contracts could be awarded;  also states WT/TPR/M/247/Add.1 
Page 18  
 
 that such Nigerian indigenous service compan y must demonstrate ownership of equipment, 
Nigerian personnel and capacity to execute such  work.  The Act has provision that allows 
foreign supplier of petroleum-based goods and servi ces to invest and/or set up facility, factory, 
production units or other operations in Nigeria.  
Please explain how this law can be implemented in light of the Agreement on Trade-Related 
Investment Measures, the Annex to which provides that "TRIMs that are inconsistent with the 
obligation of national treatment provided for in pa ragraph 4 of Article III of the 1994 include those 
which are mandatory or enforceable under domestic law … and which require:  (a) the purchase or use 
by an enterprise of products of domestic origin or from any domestic source …"? 
Could Nigeria confirm whether the local conten t law discriminates against non-energy services 
supplied to energy producers through a comme rcial presence, such as financial services and 
telecommunications?  If the law does apply to such serv ices, could Nigeria explain this law in light of 
its GATS commitments on the supply of financ ial and telecommunications services through a 
commercial presence?  
Answer 
The Nigeria Content Act does not discriminate  against any good or service provider. It 
encourages the patronage of Nigerian goods and service provider where capacity exists. The 
NCDMB facilitates continuous capacity building to  pave way for increased patronage. It also 
encourages the domiciliation of foreign goods and services in Nigeria.  
(3) Services 
(iv) Tourism 
Page 74, para. 151 
Please describe the "restrictive policies on investment in tourism" noted in the Tourism Master Plan.  
Do these policies affect investment in hotels and reso rts?  If so, what is the rationale for maintaining 
these policies? 
Answer 
Restrictive policies on investment in tourism is  one of the shortcomings of the tourism master 
plan.  Some of such restrictions include difficu lties in obtaining investment permit and visa 
procurement by the prospective foreign investment.   
The policy could have affected investment in hotels, restaurants and resorts sub-sector which 
currently contributed less than 1.0% to the national GDP. 
The polices are being planned for review because of the role accorded to tourism as preferred 
sector of Nigerian economy. 
V. Aid for Trade 
(4) Aid-for-trade Support to Nigeria 
Page 79, para. 16 The Secretariat indicates that technical cooperation may help Nigeria complete its intellectual property 
legislation.  Does Nigeria plan to share its draf t  intellectual property law legislation with WTO 
Members for the purpose of seeking to achie ve technical cooperation?  If so, when?  WT/TPR/M/247/Add.1 
 Page 19 
 
 
 Answer 
Nigeria is willing to take advantage of any technica l assistance to improve the draft legislation.  
Nigeria is ready to share the draft Bill with any interest Member.  
Appendix tables 
III. Trade Policies and Practices by Measures 
Pages 93-94, Tables AIII.1 and AIII.2 
Wheat flour, sorghum, millet, gypsum and kaolin are not listed in the table of import prohibitions.  We 
note that import prohibitions for these products were notified to the Safeguards Committee in 
G/SG/N/2/NGA in 1998 as "pre-existing safeguards measures.  Please advise whether the import 
prohibition for these products has been eliminated.  If the prohibitions are still in effect, what plans 
does the government of Nigeria have to eliminate them? 
Answer 
These items are no longer on the prohibition list. 
UNITED STATES - Follow-up questions 
Follow-up question 6 
Please provide specific examples of the positive results yielded by the STRAP campaign. 
Answer 
There have been seizures and destruction of pi rated products  through public burning in the 
literary and artistic field. However policing a nd enforcement will require technical assistance. 
Follow-up question 15 
Please provide the names and HTS numbers of the 26  items that remain on the import prohibition list. 
Have these been notified to the WTO?  If not, wh en will they be notified and please explain the 
prohibition list in light of Nigeria's WTO obligations, including Article XI of the GATT.  When does Nigeria plan to "tarrify" these items in line with its commitment to ECOWAS?  Will this tariffication be notified to the WTO? 
Answer 
Schedule 3 of the Nigeria Custom Service ( NCS) 2008-2012 Common External Tariff-Revised 
Import Prohibition list (Trade) provides the names and HTS numbers of the 26 items that 
remain on the import prohibition list. Tariff is on the Nigeria Custom Service website (http://www.customs.gov.ng). 
Follow-up question 16 
Since nothing is published with regard to rest ricted and prohibited goods, please clarify Nigeria's 
statement that its process is transparent.  WT/TPR/M/247/Add.1 
Page 20  
 
 Answer 
Restricted and prohibited goods are published in the Nigeria Customs Service 2008-2012 
Common External Tariff, which is on th e NCS website (http://www.customs.gov.ng). 
Follow-up question 23 
Recognizing that Nigeria seeks to ensure and safegua rding human, animal, and plant life or health for 
its citizens, please clarify how these food safety and SPS concerns are addressed for the domestic 
poultry, eggs, pork and beef industry, given Nigeri a's limited institutional and technical capacity for 
testing and certification facilities?  If the objective of the import restriction on poultry, eggs, pork and 
beef is for food safety concerns, please explain how Nigeria accomplishes this objective in light of the WTO national treatment principle.  
Answer 
Nigeria has recently inaugurated the National Food Safety Management Committee to help 
tackle some of the daunting food safety cha llenges it faces, however the Committee is ill 
equipped and will need technical assistance to carry out its mandate. Presently there are 
veterinary officers who carry out routine checks at entry points, and abattoirs before animals 
are slaughtered. They also consider immuniza tion history of each domestic animal. 
Follow-up question 27 
With regard to criminal procedures and penalties, could Nigeria provide information on the contents 
of the referenced bill and the pr oposed timeline for its enactment? 
Answer 
As soon as the Bill is passed into law the contents would be made public. 
Follow-up question 31 
 - Nigeria's response notes that "the Act … states that the Nigerian independent 
operators shall be given first considerati on in the award of oil blocks, oil field 
licences, oil lifting licences and all projects fo r which contracts could be awarded."  
Could Nigeria confirm whether the requirements of the Nigerian Content Act apply 
only to contracts and licenses awarded by the government or by government entities, 
or whether the requirements apply to all cont racts concluded in the oil and gas sector, 
including those between independent operators and private service providers? 
Answer 
The requirement applies to all. 
 - Could Nigeria please explain in greater detail the provisions of the Act that apply 
specifically to the use of services, for example its provisions on insurance, legal 
services, and financial services? 
Answer 
The Bill is undergoing review through consultation s with relevant stakeholders and the concerns 
raised by Members at this revie w will be taken into account.   WT/TPR/M/247/Add.1 
 Page 21 
 
 
  - Nigeria's response notes that "The Act h as provision that allows foreign supplier of 
petroleum-based goods and services to invest and/or set up facility, factory, production units or other operations in Nige ria."  Could Nigeria confirm whether a 
foreign service supplier that has established a local presence in Nigeria will be considered "Nigerian" for the purposes of the Content Act?  In other words, are 
locally-established foreign suppliers to be  treated the same as "indigenous service 
companies" under the Act? 
Answer 
Yes. In accordance with Company and Allied Matters Act 1990, all foreign companies 
established in Nigeria are considered as Nigerian. 
 - Could Nigeria please answer the origin al question about how this Act can be 
implemented in light of the Agreement on Trade-Related Investment Measures, in 
view of that Agreement's prohibition against measures that mandate the purchase or use of products of domestic origin?  
Answer  
The implementation of the Nigerian Conten t Law on procurement follows the Nigerian 
Petroleum Exchange (NIPEX) electronic procurement procedure, which is competitive, transparent and of world standard. Invariably all investors whether local or foreign have equal 
opportunities. In addition, under the Nigeria Inv estment Promotion Commission (NIPC) Act of 
1995, foreigners are allowed 100% ownership of enterp rises incorporated in Nigeria; and this is 
fully reflected in the Nigeria's Schedule of Commitments under the GATS. 
 - Nigeria's response notes that "The Nigeria Content Act does not discriminate against 
any good or service provider."  If this is correct, could Nigeria please confirm that local (or "indigenous") services suppliers and foreign service suppliers are to be 
treated the same under the Act, as regards their ability to do business and engage in 
contracts with oil and gas operators? 
Answer 
The implementation of the Nigerian Conten t Law on procurement follows the Nigerian 
Petroleum Exchange (NIPEX) electronic procurement procedure, which is competitive, transparent and of world standard. Invariably all investors whether local or foreign have equal 
opportunities. In addition, under the Nigeria Inv estment Promotion Commission (NIPC) Act of 
1995, foreigners are allowed 100% ownership of enterp rises incorporated in Nigeria; and this is 
fully reflected in the Nigeria's Schedule of Commitments under the GATS. 
Follow-up question 42 
Nigeria's response introduces the Nigeria Content De velopment Monitoring Board, and explains some 
of its role in implementing the Nigerian Content Act.  Could Nigeria please explain section 95 of the 
Act, which expressly permits gifts to the Board (inc luding money, land, or ot her property)?  What is 
the purpose of this provision, and how does it accord  with Nigeria's continuing efforts to achieve 
transparency in government and root out corruption? WT/TPR/M/247/Add.1 
Page 22  
 
 Answer 
Under Nigerian law, any newly established statut ory corporation may be granted land, property 
and money by government to enable it take off.  Relevant stakeholders may also take donations 
in cash or kind to assist section 95 of the Act, the refore, is aimed at providing legal effect to this 
policy and practice. 
CANADA 
Report by the Government (WT/TPR/G/247) 
Part III.  Institutional and Structural Reforms: (3 .5) Others; (ii) Public Procurement: paragraph 76, 
page 20 
Canada commends Nigeria on the development of it s government procurement policy and law.  Fair, 
transparent and non-discriminatory government pr ocurement systems allow government entities to 
ensure better value for taxpayer money for the g oods and services procured.  Canada would like to 
know:  
1. If Nigeria looked to any external sources, in cluding the provisions of the WTO Agreement on 
Government Procurement, in developing  its Public Procurement Act of 2007; 
Answer 
The International Law Institute in Wash ington DC and the World Bank collaborated 
extensively to the formulation of the Nigerian Pub lic Procurement Act, 2007.  As a matter of fact 
World Bank funded the reform programme. 
2. What Nigeria's experience has been to date in  implementing this Act, including its efforts to 
harmonise existing government policies and practices on public procurement and increasing 
transparency and accountability;  and   
Answer 
Challenges on strict compliance with procedur es with respect to opera tors understanding that 
discretionary ways of doing Public Procuremen t is no longer acceptable and sanctions are 
enshrined in the Public Procurement Act, 2007 fo r violators. BPP conducts regular sensitization 
workshops and seminars for operators at all leve ls including contractors and consultants. 
Standard Bid documents are now being used.  Qu arterly publications of contracts showing the 
project name, the beneficiary,  the amount, and the expected duration in the press as a means of 
ensuring transparency under the process. 
3. If Nigeria is considering becoming an ob server to the WTO Agreement on Government 
Procurement?  
Answer 
The priority of Nigeria is to focus on the establishment of a credible and transparent public 
procurement system. Nigeria may consider beco ming an Observer to the WTO Agreement on 
Government procurement when the current refo rms on government procurement have been 
successfully entrenched and sustained.  WT/TPR/M/247/Add.1 
 Page 23 
 
 
 CHINA 
Report by the Secretariat (WT/TPR/S/247) 
I. Economic Environment 
Page 4-5, Paragraphs 9 and 10 
"Inflation, as measured by the consumer price inde x rose from a low of 5.4% in 2007 to nearly 14% in 
2010." "The Central Bank of Nigeria tightened its monetary policy stance slightly by increasing the 
policy interest rate by 50 basis points to 6.5% as well as increasing the cash reserve requirement and 
the liquidity ratio in January 2011." 
Question 1 
How effective has this monetary policy been in arresting inflation? 
Answer 
Yes.  Nigeria measures inflation using the consumer  price index.  The rise in CPI from 5.4% in 
2007 to about 12.4% as at May 2011 resulted from the sharp decline in crude oil prices from 
US$147 per barrel in September 2008 to as low as about US$100 and US$65 in 2009. Tight monetary policy since the last quarter of 2010 ha s reduced the rate of growth of money supply.  
Inflation developments in Nigeria have to do with structural rigidities which prevent sectoral 
responses to policy initiatives.  These rigidities come from infrastructure deficit, skill gaps and 
oil price volatility which affect the exchange rate. 
II. Trade Policy Regime:  Framework and Objectives 
Page 19, para. 19 
"The Marrakesh Agreement Establishing the WTO has not been incorporated into Nigerian law and, 
therefore, traders and investors are unable to invoke WTO provisions in domestic courts." 
Question 2 Does the National Assembly of Nigeria have any pl an to consider enacting the WTO Agreement into 
law? 
Answer 
As an original member of the WTO Nig eria ratified the WTO Agreement on 6th December 1994. 
By virtue of that ratification the WTO Agreements have provisional application and may be 
invoked in domestic courts. Nigeria has initia ted a process for the enactment of legislation 
relating to some of the WTO agreements particul arly the trade defence measures. The national 
assembly of Nigeria is therefore focusing on these agreements and may consider the enactment 
of an omnibus WTO agreement legislation once the current action is concluded WT/TPR/M/247/Add.1 
Page 24  
 
 III. Trade Policies and Practices by Measure 
Page 25, para. 13 
"Nigeria has bound 19.2% of its tariff lines at the HS eight-digit level." 
Question 3 
How does Nigeria intend to make its tariff structure more predictable? 
Answer 
As a member of the paragraph 6 group of countries in the on-going Doha Round of the 
multilateral trade negotiations on Non Agricult ural Market Access, Nigeria is likely to 
significantly increase its level of tariff binding fo llowing the successful conclusion of the round. 
Report by Nigeria (WT/TPR/G/247) 
(I) Introduction 
Page 5, Paragraphs 4 and 5 
"The rate of growth in Gross Domestic Product (GDP) averaged 6.2% between 2005 and 2009." "The 
oil and gas sector has been perform ing below the average growth rate for the economy as a whole. It 
grew at the rate of 3.3%in 2004 and 0.5% in 2005, then recording negative growth rates of -4.5% for 
2006 and 2007, -6.2% for 2008 and -1.3% in 2009." 
Question 4 
Given that oil and gas make up over 90% of e xports and 80% of government revenue, how does 
Nigeria intend to improve the productivity of the oil and gas sector? What are the strategies to diversify the economy from oil and gas. 
Answer 
 a. Productivity of the oil and gas is to  be improved through operationalisation of 
the Nigerian Content Development Act,  2010 and sustenance of peace in the 
Niger Delta region of the country. 
 b. Strategies to diversify the economy from oil and gas include: 
i. Massive infrastructural develo pment particularly power supply. 
  ii. Provision of incentives for export diversification.   iii. Intensification of solid mineral exploration.   iv Massive agricultural production. 
HONG KONG, CHINA 
Maritime transport 
(WT/TPR/G/247: p. 12, para. 40; WT/TPR/S/247: p. 66, para. 107) 
We note that in the reform of ports system, the la ndlord model (the existing port terminals are leased 
to a private company with concession periods of 10 or 25 years) has been adopted; and Nigeria has a 
total of six ports delineated into 26 terminals, with most of which being concessioned to private 
operators.  We would like to know if there are any foreign enterprises involved among those private 
operators, and if yes, the number of them and whet her they enjoy national treatment in their operation.  WT/TPR/M/247/Add.1 
 Page 25 
 
 
 Answer 
Presently there are 26 terminal operators both foreign  (2) and indigenous with foreign technical 
partners; and all of them operate under the same conditions. 
Financial services 
(WT/TPR/S/247: p. 71, para. 130) 
We note that in early 2010, the Central Bank of  Nigeria (CBN) issued guidelines on the minimum 
information that banks are required to provide in  their financial statements.  Are the guidelines 
mandatory or voluntary?  Are the guidelines or the statements available to the general public?  Are 
there any similar guidelines for other financial institutions? 
Answer 
The guidelines are mandatory and they relate to  financial statements available to the general 
public. The central bank is the regulator fo r Deposit Money Banks and not for non-bank 
financial institutions. The Securities and Ex change Commission and the Corporate Affairs 
Commission have regulations that guide all ca pital market operators and all incorporated 
entities, respectively. 
(WT/TPR/S/247, p. 72, para. 135) 
It was reported that CBN had reversed previous po licy of barring foreign takeovers of domestic banks 
and would be prepared to sanction foreign takeovers of up to 100% ow nership.  We would like Nigeria 
to brief us on the details of this measure (for inst ance, what it is meant by the preference for "foreign 
investment to be in shared ownership with a Ni gerian Bank"?), and its schedule of implementation. 
Answer 
Foreign investors are welcome to invest in the banking sector and in any existing Deposit Money 
Banks. Under Nigerian laws, all banks in Nigeria must be incorporated in Nigeria. Thus there 
can be no foreign banks in Nigeria. A fore ign bank can hold majori ty shares in a bank 
incorporated in Nigeria. This is the basis for being "in shared ownership with a Nigerian Bank". 
There is no schedule for implementation becau se it is underway already as is the case with 
Stanbic/IBTC, Citi, and Standard Chartered Banks. 
AUSTRALIA 
III. Trade Policies and Practices by Measure 
(1) Measures Directly Affecting Imports (iii) Duty exemptions and concessions 
Australia notes in paragraph 19 of the Secretariat re port that Nigeria permits duty-free imports of plant 
and machinery for the mining sector. 
1. What are the specific conditions/requirements (if any) to qualify for the duty free imports of 
plants and machinery for the mining sector? 
Answer 
Duty free imports of plants and machinery for the mining sector are allowed for any company 
or project, based on a request to that effect for approval by the President. WT/TPR/M/247/Add.1 
Page 26  
 
 2. Could Nigeria please outline the process for obtaining approval for the duty free import? 
Answer 
To obtain approval for duty free import, a requ est is formally submitted to the relevant 
Ministry, Department and Agency responsible for the sector or project which it would transmit to the Federal Ministry of Finance after due assessment. The recommendation from the MDA is 
then considered by the Tariff Technical Commi ttee and the Tariff Review Board, following 
which the recommendation is transmitted by th e Minister of Finance to the President for 
approval and ratification by the Federal Executive Council. 
IV. Trade Policies by Sector 
(1) Agriculture, Fisheries and Forestry 
(i) Agriculture 
Australia notes in paragraph 15 of the Secretaria t report that based on its notifications to the 
Committee on Agriculture, Nigeria did not provide  any domestic support or export subsidies to 
agriculture in the 1995 – 2009 period. However, the report lists combined Federal and State 
Government agricultural expenditure as totalling N220.6 billion. 
3. Does Nigeria intend on detailing this support in its future notifications? 
Answer 
The combined Federal and State government agricultural expenditures are for programmes in 
the sector relating to rural roads and infras tructure, research and development, capacity 
building, food security and livelihoods. These expenditures are therefore, largely for 
development purposes rather than domestic suppo rt or export subsidies to the agricultural 
sector. 
Australia notes from paragraph 26 of the Secretariat re port that due to other duties and charges applied 
to imports, Nigeria's simple averag e tariff rates for agricultural products do not reflect the true level of 
protection in the country. 
4. Is there a program for simplifying Nigeria's import duties scheme for agricultural products?  Answer 
Due to the adoption of the ECOWAS CET, fu rther tariff reform measures for agricultural 
products would be dependent on priorities of the regional body. 
(2) Mining and Energy 
(iv) Solid minerals 
Australia notes in paragraph 78 of the Secretariat report that "in order to improve the climate for 
investment in mining, the Minerals and Mining Act of 2007 replaced the Minerals and Mining Decree 
of 1999 as the principle legislation covering the mi ning sector ... The Act provides for a series of tax 
incentives for mining, including accelerated capital a llowances, carryover of losses, and exemptions 
from import duties for imports of mining equipment. " 
5. Where can foreign investors find more inform ation on the above listed incentives and how to 
go about accessing them?   WT/TPR/M/247/Add.1 
 Page 27 
 
 
 Answer 
Foreign investors can obtain more informatio n on mining incentives in Nigeria from the 
Ministry of Mines and Steel Development and through application. 
6. Could Nigeria please outline the process for obtaining approval?  
Answer 
The process includes: submission of written application; review of application by Mines 
Inspectorate Department; and recommendation by the Director of Mines Inspectorate to the 
Minister for approval. 
JAPAN 
Question 1 
Report by Secretariat, III (1), para. 27, page 31 
According to the Secretariat's report, to add or remove any goods from the import prohibitions list, a 
request needs to be made to the Minister of Finance, who after recommendations from the Tariff 
Technical Committee and the Tariff Review Board forw ards his decision to the President for approval. 
The report points out that it appears that the placeme nt on or removal from items on the list is at the 
Ministers' discretion. With regard to the decision by the Minister, what sort of criteria or elements would be considered? Furthermore, who could submit a request to add or remove (a) product(s) to the 
Minister of Finance? 
Answer 
Measures applicable to the import of restricted and prohibited goods involve a transparent 
process. Generally, to add or remove any good fr om the prohibition list a request needs to be 
made to Minister of Finance who after reco mmendations by Tariff Technical Committee and 
the Tariff Review Board forwards the recomme ndation to the President for approval and 
ratification by the Federal Executive Council.   Any company or member of the Organised 
Private Sector can submit a request. 
Question 2 
Report by Secretariat, III (2), para. 35, page 33 
According to the Secretariat's report, a 0.5% levy is imposed on all exports in lieu of pre-shipment 
inspection and this serves as a de facto  export tax. Why does the custom authority impose a 0.5% levy 
on all exports regardless of whether a pre-shipment  inspection is required by the importing country? 
Answer 
The 0.5% is for service charge for the private company responsible for inspection of exports. 
Question 3 
Report by Secretariat, III (2), para. 37, page 33 
According to the Secretariat's report, Nigeria operates an Export Expansion Grant Fund Scheme 
(EEG) in order to increase and diversify export pr oducts and markets. However, export subsidies are 
one of the most trade-distorting measures, and so are prohibited under the SCM Agreement. The 
report mentions that applications for an EEG are assessed on a "weighted eligibility criteria" based on WT/TPR/M/247/Add.1 
Page 28  
 
 baseline data provided by individual applicant comp anies. Would the Government of Nigeria please 
provide detailed information about such criteria? Fu rthermore, does the Government of Nigeria limit 
the coverage of this scheme to specific industria l sectors or not?  If so, which sectors are targeted 
under the scheme?  
Answer 
In order to ensure that exporters are properly situated in the EEG Scheme, there are six criteria 
to be considered based on the weighted  eligibility criteria.  These are:  
i. Employment: This considers the number of Nigerian employees in the 
applicant's company. 
ii. Local Value Addition: Under these criteria, the annual value addition of the 
company to the Nigeria economy is considered.  
iii. Local content: The proportion of loca l raw materials used for production of 
export product is considered. It is expected that at least 35% of the raw materials should be locally sourced.   
iv. Export Growth: It is expected that a company assessing this scheme should be 
able to grow its annual export by at least 10%.  
v. Capital Investment: This considers the le vel of capital investment on machinery 
and fixed assets.  
vi. Priority Sector: This refers to the ma nufacturing sector which embarks on value 
addition and creates employment. 
Note that the incentive covers all sectors including merchant, non-manufacturing and 
manufacturing exporters. 
Question 4 
Report by Secretariat, III (3), para. 72, page 40  
According to the Secretariat's report, Intellectual pr operty rights infringements and violations are dealt 
with under Nigeria's general law of civil proce dure and the Court may award injunctions, damages 
(including profit recovery). Howe ver, enforcement is a slow process, and most companies consider 
any damages awarded to be too small to be an effective deterrent, and at present, most companies consider injunctions to be the most effective instru ment against IPR infringements. With regard to IPR 
protection, does Nigeria plan to review these penalty systems against infringements and violations? Furthermore, please explain action taken or to be taken against IPR infringements in other ways, or 
how Nigeria can deal with them apart from through the judicial process. 
Answer 
Nigeria provides both judicial and administ rative procedures to issues regarding IPRs 
violations. 
 (a) Judicial procedures include injunctions and damages. 
 (b) Administrative procedures including Customs and police action in seizures and 
raids.  WT/TPR/M/247/Add.1 
 Page 29 
 
 
 Being Aware of the importance of IP in Nigeria's economic development and cognizant of the 
need to upgrade domestic laws, Nigeria is making efforts to review some of these laws. 
Custom seizures arise when complaints are received from IPRs owners to the Customs 
Authority regarding any particular infringing goods  that is about to enter Nigerian borders or is 
in a specified market in Nigeria. Authorities w ill seize and detain such goods and prevent it's 
entry into the market, thus preven ting it's sale in the markets. 
Question 5 
Report by Secretariat, IV (3), para. 140, page 72 
According to the Secretariat's Report, insurers are required by law to cede 30% of their business to the 
Nigeria Reinsurance Corporation. Japan would lik e to know the reason for that percentage and 
whether Japanese insurers underwrite retrocession fro m the Nigeria Reinsurance Corporation or not. 
Answer 
The Nigeria Reinsurance Corporation was privat ized in 2006, the requirement for insurers to 
cede 30% of their business is no longer applicab le as they are free to reinsure with any 
reinsurance company of their choice. 
ARGENTINA 
Informe de la Secretaría (WT/TPR/S/247)  
III. Políticas y Prácticas Comerciales, por Medidas 
1) Medidas que Afectan Directamente a las Importaciones vii) Prohibiciones, restricciones y licencias de importación 
¿Podría Nigeria proveer información estadística de  producción de los mencionados rubros para. un 
período relevante reciente (por ejemplo, 2007-2010)? 
Answer 
The data is not available 
¿Podría Nigeria proveer la normativa correspondien te que establece las mencionadas prohibiciones? 
Answer 
The prohibitions are provided for under Schedul e 3 of the Nigeria Customs Service Tariff  2008-
2012 . 
¿Podría Nigeria brindar mayor especificación acerca de los motivos de estas prohibiciones?  
Answer 
The restriction on import of poultry, eggs, po rk and beef are applied on MFN basis.  The 
objective is to safeguard and protect human, an imal or plant life or health. As result of 
inadequate institutional and technical capaci ty, including relevant testing and certification 
facilities, the restrictions were put in place when the importers were no  longer complying with 
appropriate safety requirements. It is however, expected that the measures will be relaxed upon WT/TPR/M/247/Add.1 
Page 30  
 
 the provision of technical assistance by Members and appropriate international organizations in 
areas such as processing techno logy, research and infrastructure. 
IV. Políticas Comerciales, por Sectores 
1) Agricultura, Pesca y Silvicultura ii) Pesca 
b) Política 
¿Tiene previsto el gobierno de Ni geria implementar mejoras en el si stema de ordenación pesquera? De 
ser afirmativa la respuesta, ¿cuáles serían esas me joras? ¿Cuál sería el plazo de implementación 
previsto? 
Answer 
Yes. The Federal Government of Nigeria plans to improve the fisheries Management System, to 
commence from mid-2011. The measures to be adopted include: 
- Capacity building in post harvest utilisation; and fisheries management. 
- Exploration of the tuna resources in our exclusive Economic Zone waters. 
- Further introduction of close season in our marine water, lakes, lagoons and 
other bodies of water. 
- Creating  awareness of the codes of conduct for responsible fisheries 
EUROPEAN UNION (EU)  
(1) Introduction, Government's  report, page 5, para. 1 
The Government's report describes the changes in political and governance environment.  
1. Could Nigeria elaborate on the fundamental in itiatives which are envisaged at this stage in 
relation to economic policy by the new government? 
 Answer 
 Some specific initiative by the new government include the following: 
i. Development of the first National Implementation plan(1st NIP) for NV 20:2020 
(2010-2013) which provides the policy and strategy oriented for development 
intervention for the first four years 
ii. Development of a blue print of a set Key Prioritised Policy, Programmes and 
Project (KPPPs) to provide the framewor k for the actualisation of governments 
economic agenda for the period of 2011-2015. This blue print will address the enormous challenges of multiplicity of projects and address the growing unemployment, particularly among youths  and infrastructure constraint. The 
KPPPs which are in line with goals of the NV 20:2020 and 1
st NIP will, form the 
fulcrum upon which the annual capital budgetary provisions will be derived effective from 2011. 
iii. Transmission of a Draft bill on Development Planning and project continuity to 
the legislative arm of the Federal (National Assembly) and the Sub National 
Government (State assemblies) for ratificati on and enactment into law. This is to 
make it mandatory for all tiers (Federal,  State and Local) of government to  WT/TPR/M/247/Add.1 
 Page 31 
 
 
 produce and implement development plans on a continuous basis without 
jettisoning the NV 20:2020 
iv. Development of a robust National Monitoring an Evaluation (M&E) framework 
to track implementation plans at the Federal and State levels. 
v. Allocation of significant proportion of  national capital expenditure in Budget 
2011 to address five key priority sectors,  viz , Infrastructure, Human capital 
development, land reform and food security , national security and the Niger Delta. 
(2) Macroeconomic environment, Government's report, page 6, paras 9 and 12, and page 8, 
para. 20 
The Government's report mentions that "/…/youth unemployment and poverty still remain very high, 
despite various interventions by the government/…/" . It also states that the overall "/…/rate of 
unemployment increased from 11.9% in 2006 to 14.6 % in 2007 and 19.7% in 2009, with further 
increase to 21.1% in 2010/…/" and that it was hi gher in rural communities than in the cities. 
2. Could Nigeria provide information on the measures already taken and envisaged by the 
Government to address youth unemployment and povert y? We would also appreciate information on 
causes of increase in the overall unemployment rate  and measures envisaged by the Government to 
address it. 
Answer 
The actions include development of a blueprint of a set of Key Prioritised Polices, Programmes 
and Projects (KPPPs). This blueprint will a ddress the growing unemployment particularly 
among youths, introduction of a New National Job s Creation Scheme to create thousands of jobs 
in urban and rural communities in Nigeria. Impr oving the fiscal environment for private sector 
employment generation through an Incentive to Create Employment that could provide 
personal income tax exemption, etc. 
(4) Trade Policies and Practices, Govern ment's report, page 22, para. 82 
The Government's report states that "/…/Efforts at re viewing the current trade policy in order to make 
it more realistic and action-oriented have produced different versions of TPN with the last version 
produced in 2009 awaiting final adoption." 
3. Could Nigeria provide details on its revised tr ade policy, including its content and expected 
time of adoption? 
Answer 
The existing Nigeria Trade Policy was formulated  in 2002. The review effort that commenced 
from 2007 – 2009 is inconc lusive. In order to enrich the process of the review, Nigeria is 
collaborating with some developm ent partners to finalise the pro cess. The process is expected to 
be concluded by January 2012. 
The contents of the trade policy include elemen ts relating to Nigeria's participation in 
international trade particularly the WTO; regio nal integration; aid for trade; as well as 
preferential and bilateral trade arrangements. The trade policy also has specific chapters on WT/TPR/M/247/Add.1 
Page 32  
 
 macroeconomic environment and sectors such as agriculture, services, manufacturing, 
intellectual property rights, innovation and techno logy as well as implementation arrangements. 
(6) Medium–term Outlook, 
Government's report, page 29, para. 115 
The report describes main assumptions of the "Niger ia Vision 20: 2020" strategy, targets related to 
economic development and main areas of action. It also mentions that the Vision "is to be 
implemented through three medium-term national de velopment plans first of which is the First 
National Implementation Plan for NV20: 20 20 covering the period between 2010 and 2013". 
According to the report, this first National Implem entation Plan provides inter alia ideas on how to 
address challenges impeding Nigeria's ability to efficiently use its abundant human resources. 
4. Could Nigeria provide information on how th e employment and social policy have been 
addressed in the Nigeria Vision 20: 2020 strategy and in the National Implementation Plan? In 
particular, what actions have been envisaged to address the situation on the labour market, to ensure 
development of adequate skills, to reduce poverty, to ensure a more balanced wealth distribution and 
to implement decent work principles, including core labour standards enshrined in the ILO 
Conventions ratified by Nigeria and how th ese measures support economic development?  
Answer 
The actions include development of a blueprint of a set of Key Prioritised Polices, Programmes 
and Projects (KPPPs). This blueprint will a ddress the growing unemployment particularly 
among youths, introduction of a new national jobs  creation Scheme to create thousands of jobs 
in urban and rural communities in Nigeria. Impr oving the fiscal environment for private sector 
employment generation through an Incentive to Create Employment that could provide 
personal income tax exemption etc. 
WTO Secretariat's report, Summary, WTO Secretariat's report, page vii, para. 2 
The WTO Secretariat's report informs that "/…/As a result, the average applied MFN tariff declined 
from 29% in 2003 to 12% in 2009./…/". 
5. Could Nigeria provide information on whether th is figure, 12%, includes the levy that affects 
some products (e.g. wines and spirits), and which w as introduced to offset some  tariff reduction? 
Answer 
The 12% excludes levies and taxes 
WTO Secretariat's report, page ix, para. 15 
The WTO Secretariat's report highlights problems related to lack of information and poor co-
ordination between official agencies. 
6. Could Nigeria provide information how does it intend to improve the current situation, 
particularly with respect to statistics and economic planning? 
Answer 
The current situation can be improved with the st rengthening of National Bureau of Statistics, 
the ongoing Customs reforms, the adoption of vision 20:2020 particularly with the adoption of a robust M&E, and the adoption of the implementation of a 4 year budget.  WT/TPR/M/247/Add.1 
 Page 33 
 
 
 Government of Nigeria, in collaboration wi th development partners developed a 5 year 
statistical strategy for the development of statistics (NSDS) 2010 to 2014 to provide the mechanism for a holistic reform of the Nation al Statistical System, ensure a sustainable 
development of statistics in Nigeria and to  engender the development of an integrated 
harmonised coordinated and coherent NSS in the country that would guarantee a unified data 
process.  The NSDS has been mainstrea med into NV 20:2020 by government.  
I. Economic Environment 
(3) Structural Policies WTO Secretariat's report, page 6, paras 16-18  
The WTO Secretariat's report makes reference to  the proposed legislation to establish Nigeria 
Sovereign Investment Authority. Recently, this legi slation was approved. At the same time Nigeria 
has attained compliant status under the Extr active Industries Transparency Initiative.  
7. Could Nigeria provide more details on how  it intends to ensure that oil revenues are 
adequately accounted for and put into efficien t use for sustainable economic development? 
Answer 
Government has established the Sovereign Nigeri an Wealth Fund to entrench greater prudence 
in the management of Nigeria exhaustible oil we alth to provide for future generations and serve 
as catalyst for attracting investment into critical infrastructure 
II. Trade Policy Regime: Framework and Objectives 
WTO Secretariat's report, pages 15-16, para. 7 
The WTO Secretariat's report states: "The economic policies outlined in Vision 20:2020 would 
continue the course of action pursued over the past  ten years by continuing to liberalize trade and 
industry with growth driven by the private sector.  According to the document, market protection is 
not proscribed but is to be used only for limited peri ods and for selected industries.  The plan states 
that Nigeria is to continue trade-enhancing reform s and to stimulate value-a dded exports in order to 
diversify away from crude oil exports and to hi gher value-added processed  and manufactured goods". 
8. On March the 30th 2011, the Minister of Finance Mr. Aganga unveiled a 3-year Import 
Substitution Plan; could Nigeria elaborate further on  that Plan, including on whether it will introduce 
further barriers to imports, such as tariff increases or import prohibitions? 
Answer 
Nigeria notes that the statement referred to re mains the personal opinion of former Minister of 
Finance as Government has not taken such deci sion on a 3-year import substitution plan 
(1) Trade Policy Formulation and Implementation 
WTO Secretariat's report, page 15,  paras 1-5 and page 15, para. 6 
The WTO Secretariat's report describes different st akeholders involved in trade policy making and 
implementation and also introduces new plan for economic and social development – Vision 20:2020.  
9. Given the number of ministries involved in the trade policy implementation and taking into 
account the new Vision 20:2020, could Nigeria explain what is the role of the Ministry of Commerce 
in implementation of the trade policy and whether it is likely to change in the future? WT/TPR/M/247/Add.1 
Page 34  
 
 Answer 
The Federal Ministry of Commerce and Industry plays a coordinating role in the 
implementation of trade policy. Government ha s established the Enlarged National Focal Point 
(ENFP), under the Federal Ministry of Commerc e and Industry, with its membership drawn 
from Ministries, Department and Agencies, Organised Private Sector, Academia, and Civil 
Society.  In the context of new vision 20:2020 the role of the Ministry remains the same, but it is 
being further enhanced to achieve the object ive of mainstreaming trade into national 
development strategy. 
(4) Trade Agreements 
(ii) Regional Agreements  
(b) ECOWAS 
WTO Secretariat's report, page 21, paras 24-26 
10. Could Nigeria outline the efforts made in r espect of the implementation of the instruments 
adopted so far by ECOWAS in the following ar eas: 1) Design and formulation of the ECOWAS 
Common Trade Policy, 2) ECOWAS Trade Liberalization Scheme (ETLS), aiming at ensuring free 
movement of goods within the ECOWAS member states, 3) ECOWAS Customs External Tariff, 
4) Fiscal Reform, 5) ECOWAS Trade facilitati on measures, 6) ECOWAS Standards, Quality 
Assurance, Metrology etc., 7) ECOWAS Common Competition Policy, 8) ECOWAS Common Investment Policy, 9) Free Movement  of Pe rsons, Right of Residenc e and Establishment, 
10) ECOWAS Single Currency/West African Second Monetary Zone project?  
Answer 
i. Presently, there is no ECOWAS Commo n External Trade Policy in place. 
However, the process has been initiate d at the regional level by the ECOWAS 
Commission but yet to be finalised. Ni geria is committed to the process of 
designing, formulating and implementing the policy. 
ii. ECOWAS Trade Liberalization Scheme (ETLS) – Nigeria is committed to the 
ETLS.  Nigeria has a established a National Approval Committee to register 
products in the scheme. However, the schem e is besieged with a lot of challenges. 
Nigeria is engaged with the ECOWAS Commission and some member states to address issues in the scheme, partic ularly the Rules of Origin.   
iii. ECOWAS Common External Tariff – Ni geria is committed to the establishment 
of CET and the tariff regime is currently being harmonised along the negotiated 
structure. 
iv. Fiscal Reform – ECOWAS is trying to harmonise its tax regime and NTBs.  
v. ECOWAS trade facilitation measures – Nigeria has set up a task force on trade 
facilitation to holistically address issues rel ating to trade facilitation at both the 
national and regional levels. There has b een enhanced effort by Nigeria Customs 
Service since the automation of its procedure in support of ECOWAS 
Commission ALISA project on regional interconnectivity and simplification of procedures. A comprehensive workplan ha s been developed for short, medium 
and long-term activities. These activities will address trade facilitation challenges 
relating to Nigeria's border corridors (s ea, land and air). Nigeria will need 
financial support and technical assistance to implement the identified activities 
under the workplan.  WT/TPR/M/247/Add.1 
 Page 35 
 
 
 vi. ECOWAS Standards, Quality Assurance, Metrology – Nigeria is effectively 
participating in the formulation of standards, quality assurance and metrology 
at the regional level. 
vii. ECOWAS Common Competition Policy – The present focus of Nigeria is to 
establish a national competition policy framework, in line with the approved 
regional competition policy. 
viii. ECOWAS Common Investment Policy – Ni geria participated in the development 
of the ECOWAS common investment policy. The implementation work is in 
progress. 
ix. Free Movement of Persons, Right of Residence and Establishment – Nigeria is 
already complying with the ECOWAS protocol for free movement of persons, 
right of residence and establishment. 
x. ECOWAS Single Currency/West African Second Monetary Zone project – 
Nigeria is working towards attaining the objectives of the West African 
Monetary Zone (WAMZ). The Central Bank of Nigeria and Federal Ministry of 
Finance are working on the establishment of the 2nd monetary zone project.  
11. Could Nigeria elaborate further on how it intends to review the other duties and taxes (in 
para. 21 on page 29), currently included in Nigeria' s tariff book in order to ensure full compatibility 
and implementation of ECOWAS CET?  
Answer 
Nigeria has commenced the process of consultati ons with a view to reviewing other duties and 
taxes. Further details will be provided as the process develops.  
III. Trade Policies and Practices by Measure 
(1) Measures Directly Affecting Imports (i) Procedures 
In the beginning of 2010, a Cargo Tracking Note  System was introduced, in addition to existing 
import requirements. This system has been wide ly criticised as unnecessary and ineffective in 
improving cargo security and its operation has also proven costly and inconsistent.   
12. Could Nigeria indicate how it intends to r esolve the problems introduced by the system in 
question? 
Answer 
In view of the concerns raised, Nigeria is consul ting with stakeholders with a view to resolving 
the issue. 
WTO Secretariat's report, page 23, para. 3 
The WTO Secretariat's report states that "/…/The scanning and risk management services have been 
outsourced to private sector operators, whose cont racts expire in 2012, when Customs will assume 
responsibility for these services./…/". WT/TPR/M/247/Add.1 
Page 36  
 
 13. Could Nigeria provide information on the steps Customs has taken to ensure a smooth 
transition once the contracts with th e private operators have expired? 
Answer 
Nigeria Customs Service is currently building ca pacity towards eventual takeover from the 
private operators. There is ongoing capacity building of Customs officers by the Scanning 
Service Providers including COTECNA, SGS, and Global Scan. 
14. Could Nigeria provide inform ation on the practical consequences of the rejection of the 
import declaration (form M) by the private operator? 
Answer 
Rejection slows down trade, however, government is looking into the problem with a view to 
solving it. 
(a) Customs valuation 
WTO Secretariat's report, page 24, para. 5 
The WTO Secretariat's report provides information on the methods of the customs valuation.  15. In view of the brevity and terminology used to describe customs valuation, (e.g.,  "reasonable 
values"), could Nigeria indicate whether the met hods of customs valuation mentioned in this 
paragraph correspond in full with the valuati on methods set out in WTO Customs valuation 
Agreement?  Can it be confirmed that database values are not applied? 
Answer 
Nigeria confirms that the methods of custom valuation mentioned in this paragraph 
corresponds in full with the valuation methods set out in WTO Custom Valuation Agreement. 
WTO Secretariat's report, page 24, para. 6 
According to the WTO Secretariat's report "If an impor ter is not satisfied with the valuation, an appeal 
may be lodged with the customs area comptroller.   If unsatisfied with the decision of the area 
comptroller, the importer has recourse to the comptr oller-general of customs and finally the courts.  
The authorities stated that on average seven appeals a month are made to the area controller, three to 
five appeals to the comptroller general, and appr oximately three appeals a year are made to the 
courts." 
16. Could Nigeria provide information on how many appeals lodged with the customs area 
comptroller and with the comptroller-general have  been accepted? In how many cases have such 
appeals, or appeals to the courts, b een judged in favor of the appellant? 
Answer 
All appeal lodged with the Customs Area Comp troller and the Comptroller-General have been 
accepted.  Traditionally, these cases are o ften withdrawn for out of court settlement.  WT/TPR/M/247/Add.1 
 Page 37 
 
 
 WTO Secretariat's report, page 25, para. 11 
The WTO Secretariat's report informs about the ongoi ng preparations to replace current Customs and 
Excise Management Act with new legislation.  
17. Could Nigeria inform whether the new bill addresses congestion at the ports and trade 
facilitation?  
Answer 
The new bill addresses trade facilitation throug h provisions of trade facilitation measures in 
section 23 on "Advance Rulings and Rulings of General Application," section 35-Post Clearance Audit; section 40 on Joint Border Operations with Bordering Countries to enhance Customs 
efficiency and improve trade facilitation; sectio n 87 on Guarantee for Existing or Potential 
Customs Debt and Performance of Conditions or Requirements; section 100 on Authorized 
Economic Operators and others including Single Window and risk management. 
18. In addition, could Nigeria state what is the average time required to clear a container? What 
measures are planned to speed up the whole process? 
Answer 
48 hours for compliant imports. 
19. Does this new legislation also cover customs valuation? If so, what are the implications for 
the legislation currently notified to the WTO Commi ttee on Customs Valuation? Can we  expect that 
the matters raised in this WTO Committee, relating to  the current valuation law,  will be sufficiently 
addressed in this new legislation? 
Answer 
The currently notified legislation to the WT O Committee on Customs Valuation remains 
operational until the new legislation comes into e ffect and is duly notified implication is to 
suspend the legislation currently notified. Yes, ef forts have been made to ensure that matters 
raise in the committee are sufficiently addressed in the new legislation.  
(ii) Tariffs 
(c) Applied tariff 
WTO Secretariat's report, page 25,  para. 14 and page 27, para. 16 
The Secretariat's report states that there is a si gnificant difference between the average applied MFN 
tariff rates and the average bound rates, and that fewer than 20% of tariff lines are bound. 
20. Does Nigeria consider the very low level of bi ndings compatible with its stated ambition to 
become one of the top 20 economies in the world by  2020 given the uncertainty for operators this 
situation creates?  
Answer 
As a member of the paragraph 6 group of countries in the on-going Doha Round of the 
multilateral trade negotiations on Non Agricult ural Market Access, Nigeria is likely to 
significantly increase its level of tariff binding fo llowing the successful conclusion of the round. WT/TPR/M/247/Add.1 
Page 38  
 
 Nigeria is currently working towards implemen tation of the ECOWAS Common External Tariff 
which inter alia implies a switch to just five tariff bands at 0%, 5%, 10%, 20% and 35% duty, as 
reflected in the WTO Secretariat's Report.  
21. As regards the ongoing negotiation over the content of the 5
th band (at 35%) of the ECOWAS 
CET, how does Nigeria intend to reconcile its current  high levels of protection  for certain products 
that currently attract 0% duty in the UEMOA Customs Union on which  the ECOWAS CET project 
is based? In its position as West Africa's leadi ng economy, does Nigeria intend to prioritise the 
region's import liberalisation interests?  
Answer 
In view of the fact that regionalism is a waiver  to WTO MFN, it would be safe to say that 
Nigeria will satisfy the import liberalisation of the region when the Common trade policy and 
the issues in the ETLS are fully addressed . The ECOWAS Commission has only recently 
completed the categorization of products under the CET which Nigeria will look into.  
22. Could Nigeria elaborate on the measures it is putting in place to counter the obstacles 
preventing it from using the ECOWAS CET tools th at could provide an alternative to high tariff 
protection (para. 100, p. 26 of Nigeria's Report)? 
Answer 
The process towards the adoption of ECOWAS CET is still ongoing. Howe ver, some measures 
put in place are receipt of complains from st ake holders, and assessment by the Ministry of 
Finance. 
(iii) Duty exemptions and concessions  
WTO Secretariat's report, page 27, para. 19 
The WTO Secretariat's report informs that "Nig eria allows for customs duty exemptions and 
concessions in order to attract investment./…/".  
23. Could Nigeria provide details regarding th e products and procedures benefiting from the 
customs duty exemptions and concessions?  
Answer 
The procedure is as follows: application for dut y exemption; assessment by the tariff technical 
committee; recommendation for approval on any product in our tariff regime. 
(iv) Preferential tariffs 
WTO Secretariat's report, page 27, para. 20 
The WTO Secretariat's report informs that Nigeri a provides tariff preferences to other ECOWAS 
members.  These preferences are, however, condition al upon obtaining an 'agreement' for the product 
concerned. 
24. Could Nigeria give information on any plans for future elimination of the agreement system 
for goods originating in other ECOWAS countries in order to ensure the full implementation of the 
ECOWAS Trade Liberalisation Scheme?  WT/TPR/M/247/Add.1 
 Page 39 
 
 
 Answer 
 
This may be a misrepresentation of fact. The implementation of the preferential tariff by Customs does not reflect any agreement beyond the general ETLS Protocol, which provides that 
community products attract free dut y for importation into Nigeria . 
(vi) Other duties and taxes 
WTO Secretariat's report, page 29, para. 21 
The WTO Secretariat's report lists additional duties and taxes applied to impor ts. So-called "National 
Automotive Council levies", introduced in Septembe r 2009 as an addition to Nigeria's current Tariff 
book are not fully reflected in this list.  
25. Could Nigeria provide further informa tion on "National Automotive Council levies", 
especially on the rationale behind the introduction of these  additional levies and on how  long these levies are intended to remain in force (until the end of current Tariff book in 2012, or longer)? 
Answer 
"National Automotive Council levies" have been eliminated. They do not reflect in the 2008-
2012 Tariff Book. 
(vi) Rules of origin 
WTO Secretariat's report, page 30, para. 23 
The WTO Secretariat's report states that "The coun try of origin of goods imported to Nigeria is 
deemed to be the country in whic h they were wholly produced or wh ere at least 75% of the production 
cost was incurred, /…/".  
26. In the context of increased globalisation and fractioning of production processes, could 
Nigeria explain how the origin of an imported pr oduct is determined in case 75% of the production 
cost incurred none of the countries involved?  
Answer 
Nigeria as a member of ECOWAS applies ECOWAS rules of origin and as such the value added 
should not be less than 30% for goods coming from outside the region. 
(vi) Import prohibitions, restrictions and licensing 
WTO Secretariat's report, pages 30-31, paras 24-27 and Government's report pages 22-23, para. 85 
The report discusses the incidence of import prohibiti ons and the authorities' assertion of the necessity 
of their use due to lack of capacity  for the use of alternative trade policy instruments, Para. 27 of the 
WTO Secretariat's report, then describes the proce dure for inclusion or removal of an item from the 
Import Prohibition List. 
27. Could Nigeria elaborate on the rationale for import prohibitions with reference to the specific 
products concerned, and also on the future plan s and prospects for the review of the Import 
Prohibitions List, in light of both its WTO commit ments and the country's ongoing alignment with the 
ECOWAS CET that does not in clude any import prohibitions? WT/TPR/M/247/Add.1 
Page 40  
 
 Answer 
Nigeria has continued to review the import pr ohibition list.  The list has being reduced 
drastically from 45 items in 2005 to 26 in 2010 si nce the last review.  In  line with its commitment 
at ECOWAS level the remaining products will be tarrified with the full implementation of the 
Common External Tariff, which was approved by the Authority of Heads of States and 
Government in 2010. 
28. Could Nigeria share information on the measure s it intends to put in place to rectify the 
declared lack of technical capacity to apply alte rnative policy measures instead of import prohibitions? 
Answer 
Nigeria intends to conduct studies on affected pr oducts and seek technical assistance with a view 
to helping it overcome the challenges towa rds tarrification of affected products. 
29. Could Nigeria elaborate on the procedures for the inclusion or removal of items from the 
prohibition list, and in particular the different Mi nistries and Agencies involved? In addition, could 
Nigeria explain how is it possible for Customs to  not implement a change to the list publicly 
announced by the Ministry of Finance as happened at the end of 2010? 
Answer 
The measures applicable to the import of rest ricted and prohibited goods involve a transparent 
process.  Generally, to add or remove any goods fr om prohibition list, a request needs to be 
made to the Minister of Finance who after,  the recommendation of the Tariff Technical 
Committee and Tariff Review Board, forwards  the recommendation to the President for 
approval and ratification by the Federal Executive Council.   
The Different Ministries and Agencies involved incl ude the Federal Ministry of Finance, Federal 
Ministry of Commerce and Industry, Federal Mi nistry of Agriculture, and Nigeria Customs 
Service. 
Customs implements fiscal policy based on direct ives by the Minister of Finance. The failure of 
Customs to implement a change to the list publicly announced by the Minister at the end of 2010 
was largely based on the lack of clarity and cert ainty of the measure when it was announced at 
the very end of the financial year. It is to be no ted that the practice in Nigeria is to announce and 
commence the implementation of every fiscal policy measure in the context of the regular 
annual budget.  
30. Could Nigeria inform how it intends to interp ret "locally produced goods ", taking into account 
significant developments last year concerning the list of prohibited goods? Concerning consultations 
with stakeholders, could Nigeria explain how th e views of consumers association and impact 
assessment studies available in this area will be taken into account? 
Answer 
Nigeria is in the process of carrying out wi der consultations that will involve consumer 
associations which will include the focal point, Co nsumer Protection Council, that is expected to 
drive the process. No impact assess ment studies have been conducted.  WT/TPR/M/247/Add.1 
 Page 41 
 
 
 WTO Secretariat's report, page 31, para. 28 
The WTO Secretariat's report states that "/…/Currently no licensing requirements are in place. 
However, a permit is needed for importing ba gged cement. /…" and the footnote 2 adds: "The 
authorities stated that when there is a supply shor tfall, permits to import cement are granted only to 
existing distributers and large users such as construction companies.  Furthermore, the restrictions on 
the import of cement have artificially raised the price of cement in Nigeria to be amongst the highest 
in the region. The high price of cement raises the cost of infrastructure development, which is a 
priority in Nigeria." 
31. Could the Government explain if and how it considers phasing out such restrictions on the 
import of cement and, especially in light of the government's own assessment of high cost of building 
and construction material s and high cost of inputs more gene rally (Paras 32 and 30, page 10 of 
Government's Report respectively)? 
Answer 
The restriction is a temporary measure and it is  being assessed on a yearly basis and will be 
phased out as soon as possible. 
The WTO Secretariat's report continues: "/…/ App lications to import prohibited goods or restricted 
products need to be made three months in advance of intended importation.  The quantity allocated to 
each importer, or to be imported from each country, is  stated in individual permits, but not published.  
The quantity is determined on the merit of each appl ication.  According to the authorities the President 
is the only authority that can grant a waiver to import prohibited goods." 
32. Could Nigeria provide further information on the criteria to allow exceptions to the import 
ban list?  
Answer 
Exceptions to the import prohibition list can be obtained through a request formally submitted 
to the relevant Ministry, Department and Agen cy responsible for the sector or product which 
would transmitted to the Federal Ministry of Finance after due assessment. The 
recommendation from the MDA is then considered  by the Tariff Technical Committee and the 
Tariff Review Board, following which the recomm endation is transmitted by the Minister of 
Finance to the President for approval and rati fication by the Federal Executive Council. 
33. Furthermore, could Nigeria elaborate on the process to apply a waiver and provide 
information on the number of waivers currently in force?  
Answer 
The procedure for waiver application is similar to the process for the addition or removal of 
items to the import prohibition list. Informatio n on the number of waivers in force is available 
at the Federal Ministry of Finance and can be obtained upon request.  
(2) Measures Directly Affecting Exports 
(iii) Export prohibitions and controls 
WTO Secretariat's report, page 33, para. 36 
The WTO Secretariat's report states that "/…/ Presen tly exports of raw hides and skins, timber (rough 
or sawn), scrap metals, unprocessed rubber latex and ru bber lumps, maize, artifacts and antiquities, WT/TPR/M/247/Add.1 
Page 42  
 
 wildlife animals classified as endangered species and their products and all "goods imported", are 
prohibited/…/" 
34. Could Nigeria explain the reasoning behind th e prohibition of export of all imported goods? 
Answer 
The prohibition of export of all imported goods is  to ensure that foreign exchange sourced from 
the domestic economy is not utilised to import  finished goods for re-export without any value 
addition. It is also aimed at preventing illegal  transshipment However; this measure does not 
apply to bonafide imports designated for transit trade and transshipment which are usually destined to the Free Trade Zones. 
(v) Export processing zones (EPZs)  
WTO Secretariat's report, page 34, para. 42 
The WTO Secretariat's report describes main f eatures of the export processing zones, including 
incentives for the investors, the total value of exports and the number of people employed. 
35. Could Nigeria provide more information c oncerning labour rights and working conditions 
(including health and safety, wage level etc.) in these zones? Are there any special legal provisions for 
the export processing zones as regards working conditi ons or other employment and social aspects? 
Answers 
The Nigeria Export Processing Zo nes Authority/zone management in collaboration with the 
Federal Ministry of Labour and Productivity reg ulates the labour market of the free zones and 
supervise all matters relating to terms and conditi ons on employment, safety, health and welfare 
of workers. 
There is a special regulation prepared for the employment of human resources and other social 
aspect of workers in the free zones.  These re gulations are entrenched in the various official 
gazettes establishing the zones and they provide details of labour rights and working conditions of the workers. The details cover issues regar ding employment contract, working hours, 
overtime pay and social insurance benefits. 
The wages of workers shall not be less than  the minimum legal wage of the country. 
There is also a regulation on health, safety a nd environment matters. The regulation spells out 
specific requirements and guidelines to be met by all employers and service providers in the free 
zone.  
These regulations are enforceable by the Authorit y/zone management as well as all parties 
involved.  
In the event that there is a dispute between an employer and employee, the dispute shall be 
settled amicably by the agreed grievance proced ure.  However, whenever the disputes are not 
settled, the matter may be referred by either party to a Board of Settlement of Disputes which shall be composed of members as prescribed by  the Authority and the Federal Ministry of 
Labour and Productivity.  WT/TPR/M/247/Add.1 
 Page 43 
 
 
 (3) Measures Affecting Production and Trade 
(ii) Government procurement 
36. Could Nigeria provide further information on the various recent "Buy Nigerian" type of 
directives given to all federal Ministries, Department s and Agencies to ensure that henceforth, locally-
produced and assembled goods must be given priority in all their procurement? 
Answer 
The directive is merely based on moral suasio n intended to reawaken national consciousness 
about consumption of made in Nigeria products.  
WTO Secretariat's report, pages 35-36, paras 45-52 
The WTO Secretariat's report describes Nigeria's Public Procurement Act 2007.  
37. Could Nigeria further explain to what ex tent the Public Procurement Act 2007 has been 
successfully implemented at State Level and which results have been obtained so far in terms of accountability and transparency in the procurement process? 
Answer 
Most State governments have or are in the pro cess of domesticating the public procurement act 
2007 in their laws. Already in those states where the new framework is being implemented there 
has been evidence of good governance, improve d accountability and transparency in the 
procurement process. 
(iii) Standards and quality infrastructure 
(b) Sanitary and phytosanitary measures 
WTO Secretariat's report, page 38, para. 59 
According to the WTO Secretariat's report, "Under NAFDAC's food and drug safety regulations, no 
processed food, drugs, drug products, or packaged waters can be manufactured, imported, exported, 
advertised, sold or distributed in Nigeria, unless they have been registered with NAFDAC. 
Registration involves the inspection of facilities prior to the start of operations;  assessment of food safety and quality;  laboratory analysis and radi ation tests, where applicable; the control of 
advertisements to ensure that claims are not exaggerated; and confirmation of compliance with 
labeling requirements./…/" 
38. National Agency for Food and Drug Administration and Control (NAFDAC) registration 
procedures have been reported as slow. Could Nigeri a elaborate on how it is planning to  make these 
procedures easier and simpler? 
Answer 
There is a timeline of 90 (ninety) days for the registration of products, which means that you can 
have your products registered at a shorter time . There is also the Global Listing of Supermarket 
Items (Food and Cosmetics). Under this scheme,  supermarket operators can sell the imported 
items only on retail basis. They can register 2 products per 100 items imported. The importation 
of products banned by the Federal Government of Nigeria is not allowed. Also mandatorily 
fortified food items are exempt from the Global Listing Scheme i.e. iodized table salt, sugar and 
flour. WT/TPR/M/247/Add.1 
Page 44  
 
 (iv) Intellectual property rights 
WTO Secretariat's report, page 40, para. 73 
According to the WTO Secretariat's report "The au thorities recognize IPR infringement to be an issue 
and have tried to tackle the problem in recent y ears.  In 2005, the Nigerian Copyrights Commission 
(NCC) initiated the Strategic Action against Piracy (STRAP) campaign to combat piracy and create a 
conducive environment to manage the copyright system .  In 2006, the Copyrights Optical Discs Plants 
Regulations were introduced. These regulations permit the NCC to take administrative and enforcement measures against optical disc manufacturer s and replicating plants engaged in copyrights 
infringement." 
39. What are the actions authorities are taking to  curb the proliferation of fake products? 
Answer 
- Liaison with Customs Authority to stop and seize fake or counterfeit products at 
the borders and also seizures in the markets.  
- Police raids and arrests. - Enhanced public Enlightenment campai gns on the effects of fakes to the 
economy and wellbeing of the Nation. Nig eria has significantly invested in IP 
awareness. Last year there were 3 pub lic enlightenment forums covering 
3 geopolitical zones.  There will be at least 3 more this year. 
(v) Competition policy and price controls 
WTO Secretariat's report, page 42, para. 82 
According to the WTO Secretariat's report "There are no price control laws for manufactured goods or 
products.  However, the government conti nues to regulate domestic fuel prices." 
40. Could Nigeria inform what the cost of this subsidy to fuel prices is? Is the government 
planning on reducing it or scrapping it altogether? 
Answer 
Although domestic fuel prices are being regulat ed, Government has continuously reviewed the 
subsidies to fuel prices with a view to eliminat ing or narrowing the gap between domestic prices 
and the prevailing international oil prices. The sp ecific cost of subsidy to fuel prices is not 
available. 
IV. Trade Policies by Sector 
(1) Agriculture, Fishing and Forestry (ii) Fishing  
WTO Secretariat's report, page 50, para. 30 
The WTO Secretariat's report provides data on the number of persons employed in the sector.  41. Could Nigeria provide more information con cerning employment in agriculture and fishing 
sector, e.g. working conditions or wage levels?  WT/TPR/M/247/Add.1 
 Page 45 
 
 
 Answer 
The average employee earns about thirty thousand naira a month in agriculture and fishing 
sector. The agriculture sector employs about 65% of the labour force while aqua culture employs about 10,000 workforces. 
(2) Mining and Energy 
(i) Crude oil production 
Policy WTO Secretariat's report, page 56, para. 58 
The WTO Secretariat's report mentions that the Ni gerian Content Development Bill was signed into 
law by the Government in 2011. This new law appears to impose serious restrictions on the 
procurement of goods and services in the oil and gas industry.  
42. Considering the Bill's requirements inter alia for first or even exclusive consideration of 
Nigerian bids, goods and services, and local content requirements for products and materials of up to 
100% in the oil and gas sector; what is Nigeria's assessment of the Bill's  compatibility with its WTO 
obligations in particular with reference to Articles III and XI of GATT 1994 and Article 2.1 of 
TRIMs?  
Answer 
Under the NIPC Act of 1995, foreigners are allowed 100% ownership of enterprises 
incorporated in Nigeria and this is fully refl ected in the Nigeria's Schedule of Commitments 
under the GATS.  Consequently, all foreign oil co mpanies operating in Nigeria can fully benefit 
from the provisions of the Nigerian Content Act. Furthermore, the Nigeria Content 
Development Monitoring Board (NCDMB) is a new in stitution, which is still consulting with all 
stakeholders on the modalities for harmon izing the various policy provisions.  
43. In light of the previous question, does Nigeri a intend to notify or consult the Bill with other 
WTO members, or to request an exception and/or  a derogation from WTO rules and if so, on what 
grounds?  
Answer 
The ongoing consultation process by the NCDMB would involve interested WTO Members; and 
the Bill may be depending on the implications of its provisions for Nigeria's WTO obligations. 
44. Could Nigeria elaborate on the Bill's coherence w ith other policy aims stated in its Report, in 
particular as regards transparency in public procur ement and foreign direct investment promotion? 
Answer 
The Nigerian Content Act is not at variance with other policy objectives but targeted at 
enhancing business collaboration and partnershi ps between local entrepreneurs and foreign 
investors from whom they can also  gain expertise and experience. 
45. As the Bill provides for the possibility of obtai ning waivers from the obligations set out there 
in during the first three years of its application, could Nigeria explain how such derogations are being 
applied, and how is transparency ensured?   WT/TPR/M/247/Add.1 
Page 46  
 
 Answer 
The ongoing consultations with stakeholders aimed at ensuring a smooth and transparent 
implementation of the Bill is expected to fa cilitate the development of transparent and non-
discriminately procedures during implementation. 
46. Could Nigeria explain how it intends to mon itor progress in the upgrading of the capacity in 
the oil and gas sector, and connect this monitoring w ith an assessment of the impact of the Bill? Does 
the Government intend to publish the results of such an assessment and minimise any distortive 
impact potentially identified?   
Answer 
Government has developed a robust national mo nitoring and evaluation framework to track 
implementation of economic policies and plans at  Federal and state level. The Country reports 
by sectoral agencies at both levels will be produced  at an annual basis. In this regards capacity 
building will be undertaken on a regular basis in all the industries. 
(iii) Gas 
WTO Secretariat's report, page 59, para. 71 
The WTO Secretariat's report informs that "Following  several earlier plans, and in response to rising 
domestic and international demand for gas, the Gas Master Plan was approved by the Federal 
Government in early 2008.  Acco rding to the NNPC, the Plan is intended to address a number of 
challenges, such as the export orientation of the sector as opposed to domestic supply; a short-term 
reserves constraint, which means gas in some fields only becomes available after the oil has been extracted; inadequate infrastructure; and the diffe rent capacities of different sectors to pay for gas 
/…/". 
47. Could Nigeria provide further details on the current state of play of the Gas Master Plan, 
adopted in 2008, especially on whether Nigeria is still going ahead with the Master Plan? 
Answer 
Nigeria is often referred to as a gas province with gas reserve totaling about 184.2 tcf and 
reserve/extraction ratio running into hundreds of years. This explains the current shift in 
attention to this growing and vital sub sector . The focus among others, culminated in the 
emplacement of the Gas Master plan which essentia lly seeks to maximize the multiplier effect of 
gas utilization on the domestic economy, consolidat es Nigeria's position in the high value export 
markets and produces a balanced growth in the sub sector.  
(iv) Solid minerals  
WTO Secretariat's report, page 60, para. 75 
The WTO Secretariat's report provides data conc erning mineral resources in Nigeria and their 
extraction. It states that "at present, most mining activity in Nigeria is carried out by small-scale 
enterprises, often illegally, with relatively little mech anization and low levels of technology. With a 
few exceptions, large-scale foreign investment ha s been waiting for a better legal and financial 
environment before committing resources". The re port provides also information about the main 
investments in the sector.  WT/TPR/M/247/Add.1 
 Page 47 
 
 
 48. Could Nigeria provide some information c oncerning employment in the mining sector, in 
particular working conditions (health and safety), registered accidents etc.? Could Nigeria provide also similar information concerning oil and gas sector? 
V.  Aid for Trade The WTO Secretariat's report refers several times (e.g. paragraphs 2, 5, 8, 12, 15) to human 
development (including training and other capacity building activities) as to area where a need for 
further action and international assistance has been identified. 
49. Could Nigeria provide more detailed information concerning the needs on human 
development and related capacity  building (going beyond specialised trainings for customs officers 
which have been mentioned in the report)? 
Answer 
To reposition the role of trade policy in it s national economic and development strategies, 
particularly the 7-Point Agenda, the National Development Plan and the Vision 20;2020, the following areas of need and technical assistance have been identified: 
 - Mainstreaming trade into national deve lopment strategies, primarily the Vision  
2020 and the medium-term 2011-2015 nation al development plan that is under 
preparation; strengthening trade policy  governance, including inter-ministerial 
or inter-sectoral processes for trade policy coordination and parliamentary processes for trade policy oversight; and mainstreaming trade in the support 
strategies and programmes of the main bilateral and multilateral development 
partners, including the United Na tions System through the UNDAF II. 
 - Enhancing trade competitiveness throug h, among other issues, addressing the 
problem of supply-side constraints and pr oductivity issues in the non-oil sector; 
development and implementation of me asures to enhance productivity and 
graduation from low to high value products; and to change the incentive structure to support production. Paying sp ecial attention to SMEs is particularly 
important in this context. 
 - Institutional and human resource capaci ty development in the Federal Ministry 
of Commerce and Industry and across governme nt, including in the context of its 
partnerships with the private sector and civil society, in order to support 
responsive and responsible trade policy governance. 
EUROPEAN UNION - Follow-up questions 
Follow-up question 4 Could Nigeria provide more information? An swer in questions 2 and 4 is the same.  
Answer 
Government through the Nigeria's Vision 20:2020 , seeks to address the issues raised through the 
following:  WT/TPR/M/247/Add.1 
Page 48  
 
  - establishment of an Integrated National Security Policy to strengthen social 
security and safety nets and enhance the efficiency of Labour Market 
Information System;  
 - government agencies like the Small and Medium Enterprises Development 
Agency (SMEDAN), National Directorate of Employment (NDE), National 
Poverty Eradication Programme (NAPEP) et c. will be positioned to promote the 
development of requisite entrepreneurial skills in accordance with their statutory mandates;  
 - expansion of activities in the existi ng production units and attracting new 
investments in Agriculture, Infrastruc ture, IGT, Industry, SMEs, Trade and 
Public works. This will be pursued with  strategic objective of creating high 
quality job opportunities through improving the ease of doing business, enhancing efficiency and productivity a nd the promotion of industrial peace and 
harmony; 
 - Developing the skills and competencies of the work force by 10% annually by the 
year 2020; 
 - Exposing of 50% students, especially those at the tertiary institutions to 
Entrepreneurship Development Programme; 
 - Developing 74,000 to 1 00,000 new entrepreneurs annually; 
 - Formalising the informal sector throug h the formation of cooperatives and their 
by improving access to credit by prom oting product development along the 
agricultural value chain; 
 - Improving the inspection of workpla ces nationwide by 10% and the enforcement 
of Labour laws. This will help to redu ce casualisation on annual increment rate 
of 10% and the spate of industrial action by 25%. 
Generally, by implementing labour inclined macroeconomic policies, Nigeria targets the 
creation of 1million jobs through the linkage of  education and training to labour market 
requirements as well as the implementation of specific policies and projects to mainstream special target groups like the youth, women, and the disabled. 
The challenges of employment and social securi ty have been addressed in various policy 
instruments in the country. There is an appr oved National Employment Policy which seeks to 
address is a comprehensive manner the issue of employment in Nigeria. The policy guideline 
was weaved into the NEEDS II document which wa s a medium plan of the Federal Government, 
it also form part of Vision: 20:2020 perspect ive plan. Government willing to extract and 
implement a comprehensive employment strategy hosted the first national Employment Summit in 2009 where a National Action Plan on Employment Creation (NAPEC) was the outcome. The Action Plan serialised eleven critical job- rich sectors for creation of employment. 
Nigeria has ratified the entire core Convention of the ILO and domesticated them into the 
mainstream extant labour legislations. The country 's labour standards are directly derived from 
that of the ILO and are enforced through regul ar inspections and administration. There are 
about (8) functional Skills Development cen tres across the country to complement the 
programmes and activities of the National Directorate of Employment. The issue of productivity  WT/TPR/M/247/Add.1 
 Page 49 
 
 
 improvement is also being addressed through the national Productivity Centre (NPC) anchored 
in the Department of Productivity Measurement in the Ministry. 
Follow-up question 11 
Could Nigeria clarify if this process of consultati on is reviewing the incompatibility of other duties 
and taxes with the ongoing implementation of the ECOWAS CET? 
Answer 
The review process is comprehensive and ongoing a nd is designed to achieve many objectives 
including compatibility and implementation of ECOWAS CET and phasing out other duties and 
taxes. 
Follow-up question 16 Could Nigeria provide fu rther details on the cases that were withdrawn? 
Answer 
Details are not available. Collation and storage of data on these cases are part of the challenges 
being addressed by efforts in ongoing reform and modernisation of the Nigeria Custom Service 
Follow-up question 18 Could Nigeria provide a detailed breakdown of th e time required for clearing goods through the 
various offices involved, taking into account the value and origin of the consignments? For 
consignments where clearing time is above averag e (more than 48 hours), what trade-facilitatory 
measures does Nigeria intend to adopt?   
Answer 
48 hours for compliant imports. The new simp lified clearance procedure provides for pre-
arrival declaration through self-assessment an d upfront e-payment with trade facilitation 
measures including risk assessment , post audit clearance, e-manifest, and fast track facility for 
compliant traders to enhance clearance time at the ports and borders, currently NCS operations 
are under a simplified single window process focusing  on operators and agencies that relate with 
the NCS. 
Follow-up question 20 
Given that almost all members of the paragraph 6 group of countries in the on-going Doha Round of 
the multilateral trade negotiations on Non Agricultu ral Market Access are not aspiring to emerging-
economy status, could Nigeria explain how "significantly" it will increase the number of tariff bindings by the end of the round? 
Answer 
Nigeria is a paragraph 6 country and will be oblig ed to provisions ascribed to that paragraph. WT/TPR/M/247/Add.1 
Page 50  
 
 Follow-up question 21 
Could Nigeria elaborate on the proposed content of the 5
th band of ECOWAS CET at 35% (in terms of 
products), in the light of the comparatively lower tariff levels of many of its ECOWAS partners? 
Answer  
The 5th band have been negotiated and agreed upon by ECOWAS Member states with the 
expectation that each country would provide content of the 5th band. 
Follow-up question 23 
Could Nigeria give details on the list of products  benefitting from the customs duty exemptions and 
concessions? 
Answer 
The goods benefitting from duty exemptions are goods such as: goods imported for the 
President, Commander in Chief of the Armed forces ei ther for the official or personal use of the 
President, goods imported to Consular Officers,  Diplomatic Privileged Importations, technical 
assistance goods, personal effects, military hard ware, arms and ammunitions imported by the 
Nigerian Police. 
Follow-up question 24 
Could Nigeria then explain in detail the pro cedures whereby these preferential tariffs to goods 
originating in other ECOWAS countries are granted? 
Answer 
Preferential tariffs are granted by Nigeria under the ECOWAS Trade Liberalisation Scheme 
(ETLS) to goods originating in ECOWAS countries, including imported goods with value added 
to qualify as community goods. 
Follow-up question 25 
Could Nigeria clarify further this issue? The stat ement seems to contradict the official customs 
website (http://www.customs.gov.ng). 
Answer 
The term 'National Automotive Council levy' is not specified in the 2008-2012 Tariff Book.   
Follow-up question 26 
Could Nigeria explain which country would be considered as the country of origin for a product in the 
production of which are involved country A (25%), country B (20%), country C (20 %), country D 
(20%) and country E (15%)? 
Answer 
Country A in this case has the highest value addition and as such the product would be 
considered as originating from Country A.  WT/TPR/M/247/Add.1 
 Page 51 
 
 
 Follow-up question 27 
Could Nigeria clarify the justification for these import prohibitions under WTO law? Could Nigeria 
detail a roadmap to full compliance with WTO la w in the near future, taking into account the 
difficulties with CET implementation? 
Answer 
The import prohibition list is a temporary me asure under regular review. The roadmap to full 
compliance is the regular review exercise to ensure reduction in the list from time to time. 
Absolute Import Prohibitions are meant for th e purpose of National Security, Public Order, 
Morality and prevention of smuggling, while, Im port Prohibitions (Trade) are meant for the 
conservation of Foreign exchange, health and environmental reasons. 
Follow-up question 28 
Could Nigeria elaborate further on the methodology of the tarification of affected products? 
Answer 
The methodology will be to convert the non-tari ff measures (ban) into price based measures 
(tariff) as well as delisting the items from the import prohibition list. 
Follow-up question 30 
Could Nigeria further elaborate on how the import prohibition lists are being reviewed, what 
alternatives are being put in place and whether th e overall tendency is to decrease the level of 
protection? 
Answer 
Generally, to add or remove any goods from prohib ition list, a request needs to be made to the 
Minister of Finance who after, the recommenda tion of the Tariff Technical Committee and 
Tariff Review Board, forwards the recomme ndation to the President for approval and 
ratification by the Federal Executive Council. Ye s, the overall tendency is to decrease the level of 
protection  
Follow-up question 33 Could Nigeria give a detailed breakdown, by sector, of waivers that are currently in force? 
Answer 
The breakdown is as follows: 
 Under the Power project - 21,976,651,763.35 
 Ministries Departments and Agencies - 1,224,231,845.79  Others - 154,827,168.30 
 Total - 23,355,710,77.44 
Follow-up to question 42 
Could Nigeria explain how this Bill could be compatible with its WTO obligations? WT/TPR/M/247/Add.1 
Page 52  
 
 Answer  
We want to further reiterate that the implemen tation of the Nigerian Content Act will be on 
MFN and National Treatment basis. 
Follow-up to question 44 
Could Nigeria further elaborate if this Bill is cohere nt with other policy aims stated in its Report, in 
particular as regards transparency in public procur ement and foreign direct investment promotion? 
Answer 
The implementation of the Nigerian Conten t Law on procurement follows the Nigerian 
Petroleum Exchange (NIPEX) electronic procurement procedure, which is competitive, transparent and of world standard. Invariably all investors whether local or foreign have equal 
opportunities. 
Follow-up to question 45 
Could Nigeria give a detailed roadmap of th e development of the procedures and how the 
transparency of these procedures and their application will be ensured? 
Answer 
The Nigerian Content Development Monitoring B oard (NCDMB) is a new institution, which is 
still consulting with all stakeholders on th e modalities for harmonizing the various policy 
provisions. 
Follow-up to question 48 
Question 48 has not been replied; we appreciat e Nigeria' s response to this question.  
Answer 
Employment 
1. The mining operations are predominantl y artisanal and small scale in nature. 
Employment in this category is largely inform al in that the mineral title holder permits 
individual or group of miners to work manually to  extract the mineral of interest using simple 
hand held implements such as diggers, shovel, buck ets, pans, rods etc. The mineral mined is sold 
to the mineral title holder (who directs and sup ervises the mining activities with the help of 
agents) at a predetermined price. The miners only earn a subsistence wage from this employment. 
2. In the medium / large scale category of mining operations, employment is completely 
formal. The nature of employment can be gro uped into Direct, indirect and secondary direct: 
 - Direct employment: This covers services provided by expatriates and 
professionals such as mining and other engineers, Geologist and other earth 
scientists, surveyors, environmentalists , administrators, accountants etc., in 
carrying out the mining operations and regulating it.  WT/TPR/M/247/Add.1 
 Page 53 
 
 
  - Indirect employment: This includes permanent contractors of operational 
labours such as maintenance, security , transport, catering and technical 
supports. These are employed in the cons truction, expansion and alteration 
works in the mines. 
 - Secondary indirect employment corresp onds to all commercially related 
activities or enterprises that provide support to the mining community life such 
as schools, clinics, sub contractors supplying services and goods as well as vendors of essential commodities (food, wear, etc.). 
Working Conditions and Enviroment Work environment 
3. This varies by profession and type of wo rk. Engineers and mine managers spend most of 
their work hours at the mine sites, while a ccountants and administrators spend their works 
hours in offices. Working conditions in mines/qua rries and exploration sites usually poses great 
risk to personal health and safety especia lly in the artisanal/small- scale mines.  
Mine Health and Safety 
4. Nigeria places topmost priority on mine he alth and safety issues. In demonstration of 
this commitment, the new minerals and mining Regulations, 2011 recently put in place by Government have provisions that address mine health and safety issues. The key focus of the health and safety part of the Regulations ma ndates mine managers who are registered mining 
professionals to take responsibility in providing: 
 - safe working conditions and en vironment in mines and quarries. 
 - well defined accident prevention and reporting procedures. 
 - adequate health and safety awareness among mine workers and training them to 
develop the right consciousness, attitude and work practices that guarantees personal health and safety at the mines. 
5. Also the Nigerian Minerals and Mining Act, 2007, establishes the Mines Inspectorate 
Department in the Ministry of Mines and St eel Development which is charged  with the 
responsibility of ensuring compliance by mines operators with the mines health and safety 
Regulations.  
6. Also, the Department of Artisanal and Sm all-Scale Mining has been created in the 
Ministry of Mines and Steel development and charged with the mandate of formalizing the informal artisanal miners into mining cooperati ves. So far the department has been able to 
register a large number of such cooperatives. In  addition, the Department provides extension 
services to the artisanal miners especially in the area of health and safety and technical services. 
All these are aimed at ensuring that mining in Nigeria is conducted in an orderly, efficient and safe manner. 
Accident 
7. Apart from the Zamfara lead poison caused by activities of informal miners that claimed 
hundreds of lives in 2010, Nigeria generally ha s not recorded  other serious mining related WT/TPR/M/247/Add.1 
Page 54  
 
 accidents for years. So far this year, only one fatal accident has been registered. The accident 
was caused by collapse of hanging wall rock in a laterite quarry. 
CHILE 
(INT/SUB/1852) 
III. Políticas y Prácticas Comerciales, por Medidas 
1) Medidas que Afectan Directamente a las Importaciones 
(i) Procedimientos (a) Valoración aduanera 
¿Existe alguna medida y/o política de modernizaci ón del sistema de valoración de derechos de 
aduanas en relación a la ley de administración de  derechos de aduana e impuestos indirectos? 
Answer 
Yes. A new Customs Excise Management Act is in the process of being enacted. 
¿Este sistema explicado de valoración se mantiene en los acuerdos regionales? 
Answer 
There is no regional agreement on customs management. 
(vii) Prohibiciones, restricciones y licencias a las importaciones 
¿Si un producto es protegido por interés de industrial nacional, una vez  que los productos salen de las 
listas de prohibiciones pueden volver a éstas? 
Answer 
No. Once a product is removed it is not put back on the list. 
¿Existe un registro de las solicitudes de prohibi ción que establezca cuantitativamente las tasas de 
rechazo u aceptación? 
Answer 
Register of the prohibition requests is available at Federal Ministry of Finance, Fiscal Policy 
Department. 
IV. Políticas Comerciales Por Sectores 
III. Agricultura, Pesca y Silvicultura 
(i) Agricultura 
(c) Política agrícola 
Apoyos domésticos 
¿Las actividades de inversión extranjera directa en materia agrícola contemplan el desarrollo de la 
industria de fertilizantes en Nigeria o e llo está incluido al desarrollo industrial?  WT/TPR/M/247/Add.1 
 Page 55 
 
 
 Answer 
The development of fertilizer industry in Nigeria is currently included in the industrial 
development policy. 
¿La compra de fertilizantes por parte de los gobi ernos federales se realiza a través de licitaciones 
públicas? 
Answer 
Yes, the Federal Government of Nige ria buys fertilizer through public tenders. 
ii) Pesca 
b) Política 
Dados los resultados arrojados por el Proyecto para. la Acuicultura y la Pesca en Aguas Interiores, los 
cuales señalan que es fundamental mejorar la ordenación pesquera ¿Cuáles serían los planes o 
políticas para. mejorar la ordenación pesque ra actual y así hacerla más sostenible? 
Answer 
Plans for fishing policy that could be introdu ced to improve current fisheries management and 
make fishing more sustainable include: 
 - Introduction to close seasons in our marine waters, lakes, lagoons and 
other bodies of water; 
 - Capacity building in fisheries man agement and post-harvest utilization; 
 - Creating awareness on the code of Conduct for Responsible Fisheries;  - Exploration of the Tuna resourc es in our Exclusive Economic Zone; 
 - Introduction of Cage culture systems and Marine Culture in Fishery 
waters.  
TURKEY 
WT/TPR/S/247 Summary, para. 3, page 1  Could Nigeria kindly explain the reasons for not allo wing the imports entering Nigeria by road to be 
transported in containers? 
Answer 
This measure is largely based on Security conc erns in the region. However at those borders 
entry point where there is adequate scanning faci lity import in containers may be allowed. 
III. Trade Policies and Practices by Measure 
Para.11; page 25 
Could Nigeria provide status update concer ning "Nigeria Customs Services Act 2011"? WT/TPR/M/247/Add.1 
Page 56  
 
 Answer 
The status of Nigerian Custom Act is that the final consultations have been done and the Bill 
will be sent to the National Assembly for passage into law. 
Para. 28; page 28  
Could Nigeria indicate the reasons of requiring a permit for importation of bagged cement? Could 
Nigeria also clarify whether such a permit is n ecessary or not for importation of cement in bulk? 
Answer 
Importation of bagged cement is under restri ction in Nigeria. However a permit for the 
importation of bagged cement may be granted if th ere is an urgent need to bridge the supply / 
demand gap and bring down the price of cement.   The license is given to the manufacturers of 
the product and large construction companies. On the other hand importation of bulk cement is 
allowed into Nigeria but a permit is necessary. 
Para. 29; page 29 
Could Nigeria provide a status update on setting up  of an investigating authority for dumping and 
countervailing measures? 
Answer 
The Bill is still in the National Assembly for consideration. 
Para. 29; page 30 
Could Nigeria also clarify whether Nigeria is pla nning to establish a separate investigating authority 
for safeguard measures, as mentioned in para. 30? 
Answer 
No.  The proposed Nigeria Trade and Competitio n Commission is expected to handle all Trade 
Defence Measures. 
INDIA  
We have come across reports that there have be en instances of entry of fake "Made in India" 
pharmaceuticals entering and being so ld in the Nigerian market. 
We would appreciate Nigeria to inform us of the steps taken to curb such illegal trade. 
Answer 
National Agency for Food, Drug, Administration  and Control (NAFDAC) is using cutting edge 
technologies to fight fake drugs i.e. radio f requency identification scheme; Nigeria mobile 
authentication service; and TRUS Scan, etc. 
Secretariat report (WT/TPR/S/247) The Secretariat Report states that the Petroleum s ector dominates the economy, agriculture is more 
important as it creates over half of the employment.   WT/TPR/M/247/Add.1 
 Page 57 
 
 
 We would appreciate Nigeria to inform us of th e steps taken to increase production, productivity and 
contribution of agriculture in the national GDP? 
Answer 
Nigeria is encouraging commercial agriculture, and is implementing the Comprehensive African 
Agricultural Development Programme, a comprehen sive value chain analysis of the sector is 
being undertaken by the CBN with a view to identi fying critical areas for policy intervention etc. 
The country has benefitted from external a ssistance for various projects in the sector. 
Para. 4, Page 24 
The authorities stated that at present about 90% of  imports enter through the self-assessment scheme 
but that there were risk management problems both at Customs and at service providers.  
We would appreciate if Nigeria could inform of specific steps taken to address these issues.  
Answer 
The bill has already been drafted and is expected  to be considered in the current session of the 
National Assembly. The bill covers only industrial property matters. 
Page 40, para. 71 In 2006, there was a proposal to place all IPR agencies under one umbrella organization, which would 
be part of the Ministry of Justice.  According to  the authorities, such an organization would enable 
more effective and efficient administration and management.  A draft national IP bill has been prepared addressing areas that were previously not covered, such as plant and animal breeders rights and geographical indications, but the issue of set ting up an umbrella organization has not been 
included.  According to the authorities, the delay in setting up such an organization is what is holding 
up the promulgation of the bill; the bill is expected to be promulgated in 2011/12.  
We would appreciate if Nigeria could share with us the present status and the action it proposes to 
take to bring all IPR agencies under one umbrella organization and also on draft National IP Bill.  
Answer 
The Bill is going to be forwarded to the 7th session of the National Assembly. 
Page 40, para. 72 
States that the enforcement of IP  rights is slow process.  
What are the steps Nigeria proposes to take to ma ke IPR enforcement a strict and an expeditious 
process so that it becomes an effective deterrent against infringement/violations? 
Answer 
The draft IP Bill provides for enforcement proc edures and processes that will serve as effective 
deterrent against infringement/violation actions. 
__________