WT/TPR/S/233 Trade Policy Review 
Page 10 
 
 
II. TRADE AND INVESTMENT POLICY FRAMEWORK 
(1) INSTITUTIONAL AND LEGAL FRAMEWORK  
(i) General 
1. The Gambia, independent since 18 February 1965, maintains a presidential form of 
government.  The President is elected by direct universal suffrage for five  years;  there is no 
constitutional limit on the number of terms.  Executiv e power is exercised either directly by the 
President, or indirectly through the Cabinet, appoint ed by him.  Legislative power is vested in a 
unicameral National Assembly.  Cabinet members ca nnot by law also be members of the National 
Assembly. 
2. Each ministry is responsible for policies in its fields of activity (Table II.1).  Any proposed 
bill must be published in the Gazette , at least 14 days prior to introduction, and validated by all 
relevant stakeholders;  it may be referred to an  appropriate National Asse mbly Standing Committee, 
and then to Cabinet for approval, before consideration by the Assembly.1  The Constitution does not 
set a specific time-limit on these processes and in  practice a bill may take some years going through 
this agenda.  Once a bill is passed, the President has thirty days to give his assent or to return it to 
Parliament for reconsideration, along with a statement providing reasons for the request for 
reconsideration and any recommendations for amendmen t.  Once the bill has been reconsidered, and 
approved by the Assembly by a majority of at l east two thirds (with or without the amendments 
proposed by the President), it is forwarded again to the President, who must then give his assent 
within seven days.  A bill passed by the Nationa l Assembly and given assent by the President 
becomes law as an Act. 
Table II.1 
List of ministries, as at June 2010 
Ministry of Foreign Affairs and Gambians Abroad 
Ministry of Finance 
Ministry of Economic Planni ng and Industrial Development 
Ministry of Trade, Regional Integration, and Employment 
Ministry of Justice 
Ministry of Interior and NGO Affairs 
Ministry of Agriculture 
Ministry of Works, Construction, and Infrastructure 
Ministry of Health and Social Welfare 
Ministry of Basic and Secondary Education 
Ministry of Higher Education, Re search, Science, and Technology 
Ministry of Tourism and Culture 
Ministry of Information and Communication Infrastructure 
Ministry of Energy 
Ministry of Fisheries, Water Resour ces, and National Assembly Matters 
Ministry of Forestry and Environment 
Ministry of Local Government and Lands 
Ministry of Youth and Sports 
Ministry of Petroleum 
Source:  Information provided by the Gambian authorities.  
                                                      
1 The National Assembly is empowered to appoint a public appointments standing committee, a finance 
and public accounts standing committee, a standing committee of privileges , a standing committee on defence 
and security, or any other committee it considers necessary for the exercise of its functions. The Gambia WT/TPR/S/233 
 Page 11 
 
 
3. The Gambia's judicial system is based on a co mbination of English common law, Sharia law 
as it relates specifically to marriage, inheritan ce, and divorce among Muslims, and treaties and 
international conventions.  Judicial power is vested in the courts, w ith the Supreme Court as the final 
court of appeal.  A special Commercial Division wa s established in 2004 at the High Court to deal 
exclusively with commercial matters, in order to avoid delays encounter ed in the normal court system.  
However, due to capacity constraints, this goal has not been achieved and long delays remain in 
reaching judgement, and its execution, in commercial cases.2  An Alternative Dispute Resolution 
system was established in 2008 for settlements out of court, but no details ha ve been made available 
of how this is working. 
4. Since the last Trade Policy Review of The Ga mbia, four constitutional changes have been 
made:  in 2004, the provision relating to the establishment of a National Media Commission was 
deleted;  in 2006, limitations on the President, Vice-President, and Cabinet Ministers in engaging in 
trade, business or other undertakings were removed, and at the same time the President was given the 
power to declare a general election at any time, in the public interest;  in 2007, an amendment 
empowered Councillors to elect the Chairmen of local government authorities from among 
themselves, rather than through direct election;  a nd in May 2009, the title of "Secretary of State" was 
changed to "Minister".3 
(ii) Laws relating to trade and investment 
5. The main laws and regulations of The Gambia relating to trade and investment are presented 
in Table II.2. 
Table II.2 
Main trade-related laws and regulations, 2010 
Area Instrument/text Entry into force 
Animal health Diseases of Animals Act 1965 
Banks and financial institutions:   
Prudential requirements and supervis ion Financial Institutions Act 2003 
Prevention of money-laundering Money-Laundering Act 2003 
Central Bank Central Bank Act 1992 
Civil aviation Civil Aviation Act 2004, revised 2008 
Competition:  domestic trade Competition Act 2007 
Customs and excise:  other public re venue Gambia Revenue Authority Act 
Income and Sales Tax Act  Customs and Excise Act 
HS Tariff 2010 2004 
2004 2010 
2010 
Divestiture of State enterprises, State interest 
in other enterprises, and any related matter;  
establishment of The Gambia Divestiture 
Agency Divestiture Act 2001, repealed 2009 
Energy Electricity Act 2005 
Environmental standards, and environmental 
impact assessments National Environment Management Act 1994 
Establishment of private commercial 
enterprises Companies Act  
Business Registration Act 1955 
2005 
Fisheries Fisheries Act 
Fisheries Regulations 2007 
2008 
Food safety Food Act 2005 
Table II.2 (cont'd)
                                                      
2 MOTIE (2010). 
3 Information provided by the authorities. WT/TPR/S/233 Trade Policy Review 
Page 12 
 
 
Area Instrument/text Entry into force 
Groundnuts Groundnuts Act 
Groundnut (Standard of Quality) Regulations 
Framework of Agreement between the Government of 
The Gambia and the Agri-Business Plan Association 1952 
1965, revised 1999 
1999 
Hoarding of goods Hoarding Prohibition Act 2009 
Information and telecommunications In formation and Communications Act 2009 
Insurance Insurance Act 2003 
Intellectual property:   
Copyright Copyright Act 2004 
Patents, industrial designs, and trade marks Industrial Property Act 2007 
Investment   
Company registration Companies Act 
Business Registration Act 1955 
2005 
Investment incentives and free zones;  creation of The Gamb ia Investment and 
Export Promotion Agency (GIEPA) Gambia Investment and Export Promotion Act 2010 
Labour Labour Act 2007 
Mining and minerals Mines and Quarries Act 2005 
Petroleum Petroleum Act 
Petroleum Exploration and Production Act 1921, amended 1963 and 1976 
2004 
Phytosanitary standards Hazardous Chemicals and Pesticides Control and 
Management Act 1994 
Public utilities regulation Public Utilitie s Regulatory Authority (PURA) Act 2001 
Ports Ports Act 1972 
Posts GAMPOST Act 2005 
Public enterprises Public Enterprise Act 2002 
Public health Public Health Act 
Public Health Act (Amendment) Decree Medicines Act 1990 
1995 1984, amended 2007  
Public procurement:  establishment of The 
Gambia Public Procurement Authority Public Procurement Act 2001 
River transport Inland Waterways Act .. 
Road transport Roads and Highways Act 1974 
Sanitary and phytosanitary (SPS) measures Food Act 2005  
Statistics Statistical Act 2004 
Tourism Tourism Authority Act 2001 
.. Not available. 
Source: Information provided by the Government of The Gambia. 
(a) Customs 
6. Since 2004, The Gambia Revenue Authority (GRA ) has been the overall body responsible for 
the collection and administration of all Government revenue;  the former Cent ral Revenue Department 
and the Department of Customs and Excise were me rged into the new Authority.  Gambia's Customs 
and Excise legislation has been updated very recen tly and brought into line with WTO/WCO norms. 
7. Until 2010, the 1950 Customs Act, as revised4, and its subsidiary customs regulations set out 
the procedures for the arrival, unloading, declaration,  and storage of goods in the Gambian territory.  
The 1965 Customs Tariff Act, as revised in 1972, wa s the legal basis for the imposition of import and 
export duties and maintained the Brussels Definiti on of Value as the basis for customs valuation. 
                                                      
4 Last revised in 1976. The Gambia WT/TPR/S/233 
 Page 13 
 
 
8. A new Customs and Excise Act was enacted in  April 2010.  Its main objectives include 
domestication in Gambian law of EC OWAS provisions on the common external tariff, inter-state road 
transit of goods, and the ECOWAS Trade Liberalization (TL) Scheme;  the WTO Customs Valuation Agreement;  the WCO Harmonized System Code;  a nd the revised WCO Kyoto Protocol, as well as 
introduction of ASYCUDA ++ (Chapter III(1)(ii)). 
9. As at June 2010, 15 companies registered in Th e Gambia have been certified by ECOWAS to 
operate under the ECOWAS TL scheme.  ASYCUDA ++  has been introduced, and the staff of the 
GRA are undergoing training on the software.  Th e project also included the automatization of 
selected border posts and it is hoped that, by th e end of July 2010 ASYCUDA ++ will be fully 
functional. 
(b) Investment 
General conditions 
10. The Companies Act, 1955, the Business Registration Act, 2005, and the GIEPA Act, 2010 
(replacing the Investment Promotion Act, 2001 and the Free Zones Act), are the basic laws governing the establishment of businesses in The Gambia. 
11. The Companies Act distinguishes between three type s of company:  limited by shares, limited 
by guarantee, and unlimited.  To incorporate a company, a memorandum and articles of association must be deposited with the Registrar of Companies at the Attorney General's Office.  The Act also 
sets out the required accounting procedures to be followed by enterprises. 
12. The 2005 Business Registration Act provides for a person owning a business to file an annual 
return not later than 30 June each year;  sp ecifies prohibited and restricted business names 
e.g. "Government", "National" or names that have already been registered in The Gambia;  provides 
for searches to be made in the register of busin esses upon payment of a fee, and establishes an appeals 
procedure in case of refusal to register or cancellation of registration. 
13. The BRA gives the Minister of Justice the power to exempt businesses from registration, and 
specifies that, unless exempted, all individual firms, partnerships or companies must be registered.  
Several businesses under the same ownership may be registered jointly.  Copies of registration 
certificates must be displayed prominently at the h eadquarters.  Annual returns showing the nature of 
the business must be made to the Registrar, and any change of business must be notified to the 
Registrar.  Audited accounts must be declared a nnually to the Commissioner- General of Taxes.  The 
Act contains provisions against deceptive or misleading practices or descriptions of business;  the 
payment of registration fees;  and penalti es for default in fulfilling its provisions. 
14. According to the International Finance Co rporation, the time and costs involved in 
establishing a business in The Gambia include:  search for company name – 1-2 days, D 50;  notarize company statutes – 1 day, D 150;  obtain tax identification number from GRA – 1 day, D 25;  payment of stamp duty and deposit of corporate tax with Commissioner of Income Tax – 1 day, stamp 
duty D 1,000, corporate tax deposit starting at D 5,000, incorporation certificate fee about D 5,000;  
register employees with Social Security and Hous ing Finance Corporation – 1 day, no charge;  WT/TPR/S/233 Trade Policy Review 
Page 14 
 
 
register with the Commercial Registry – 2 days, D 5, 000;  obtain operational licence – 1 day, D 5,000;  
and make a company seal – 18 days, US$200.5 
15. The new GIEPA Act, 2010 makes it clear that The Gambia is completely open to foreign and 
domestic investment in any "field of lawful economi c activity":  either through joint ventures, without 
any limit in foreign participation, or full ownershi p by Gambian and foreign citizens.  Investment may 
be in the form of a sole proprietorship, partnershi p, or limited liability company.  The only exclusions 
are activities prejudicial to national security, detrimen tal to the natural environment, public health or 
public morality, or that contravene the laws of The Gambia. 
16. The Government may reserve the right to own so me or all of the shares in an enterprise 
operating in a "strategic industry", defined as one ope rating in mining or in petroleum exploration and 
refinery.  Investments relating to the exploitation of  mineralogical, petroleum, and fisheries resources 
are subject to certain restrictions as stipulated in the Mines and Quarries Act, the Petroleum Act and 
Petroleum Exploration and Production Act, and the Fi sheries Act.  A lease or a licence must be 
granted by the State, and investors are expected  to reach a comprehensive agreement with the 
Government on the terms and conditions for explora tion and production (Chapter IV(3)).  There is no 
mandatory screening of foreign investment but such screening may be conducted if there is suspicion 
of money laundering or terrorism financing (see Chap ter IV(5)(ii)).  The Gambia also maintains a few 
statutory state monopolies in certain areas of  activity (mainly utilities, such as power). 
Investment incentives 
17. The new Gambia Investment and Export Pr omotion Agency Act (GIEPA Act) 2010, 
consolidates two former Acts (the Gambia Invest ment Promotion Act and the Free Zones Act) into 
one piece of legislation.  The Act updates provi sions for investment under Special Investment 
Certificates in priority sectors and geographical areas;  revises export processing zone provisions;  contains special provisions for micro-, small, and medium-size enterprises;  and spells out the incentives available in each case (Box II.1).  As in th e previous legislation, the greatest range and 
value of incentives is given to holders of Special Investment Certificates. 
Box II.1:  Principal investment incentives under the GIEPA Act, 2010 
Special Investment Certificate (Parts VII and IX of the Act)  
Any firm investing in priority sectors and/or priori ty areas may apply for an SIC.  Priority sectors  cover: 
− agriculture:  all crops;  dairy production, poultry, and meat processing;  floriculture and horticulture;  
agri-processing and agri-business (production and marketing of agricultural inputs);  and forestry;  
− fishery:  aquaculture;  fish and shrimp farming;  and fishing and industrial-scale fish processing;  
− tourism:  eco-tourism;  national heritage;  up-country tourism (motels, tourist camps, sport fishing, river 
sports or cruising);  and development of four- a nd five-star hotels, integrated resorts, and marinas;  
− forestry:  development of private or community forest  parks or agri-forestry plantations;  and forestry 
production and transformation, and wild fruit preservation;  
− manufacturing:  assembly and packaging;  processing;   foundry and forging;  and light pharmaceuticals 
and cosmetics;  
Box II.1 (cont'd) 
                                                      
5 See Doing Business Project online information, "S tarting a Business in The Gambia".  Viewed at 
http://www.doingbusiness.org/exploretop ics/startingbusiness/details.aspx?economyid=73.  The data refer to the 
costs of starting a private limited liability company in the city of Banjul. The Gambia WT/TPR/S/233 
 Page 15 
 
 
− energy:  electricity generation, transmission, and dist ribution;  renewable energy resources (solar, wind, 
hydro, and biochemical);  and liquefied petroleum gases;   
− mineral exploration and exploitation:  petroleum exploration as defined in the Petroleum Act;  and mining 
of precious stones and others as defined in the Mines and Quarries Act;   
− financial services:  investment banks;  and housing finance institutions;  and  
− other services:  health and veterinary clinics;  river and air transportation and cargo services;  and 
information communication technology except GSM. 
Priority areas cover almost the whole territory outside th e city of Banjul, i.e. Western Region (Foni, Kombo East 
and Kombo Central except the town of Brikama), Lower River Region, North Bank Region, Central River Region, and Upper River Region. 
The following incentives are available to new investment proj ects or expansion of existing enterprises, in priority 
sectors/priority areas, of a value at least US$250,000 (unde r the previous Investment Promotion Act, the minimum 
was US$100,000):   
− expansion projects 
− sales tax waiver for imports for one year;  
− new investment projects 
− in priority sectors:  five-year tax holiday c overing corporate or turnover tax, depreciation 
allowance, and withholding tax on dividends;  five-year import sales tax waiver on imported manufacturing plant, construction material, and spare parts from the date of signing of investment agreement, on raw and intermediate inputs from the date of commencement of operations, and on all products listed in the third sector of the Customs and Excise Act;  and  
− in priority sectors in priority areas:  eight-year tax holiday and five-year import sales tax waiver 
as above. 
Export promotion incentives (Part X of the Act), applicable to firms outside EPZs, for any value of 
investment, whether or not in priority sector s or areas, exporting at least 30% of output  
Ten per cent corporate or turnover tax concession for five years;  access to financial planning services and advice, 
participation in training courses, symposia, seminars a nd workshops on export promotion, export market research, 
advertisement and publicity campaigns in foreign markets, and product design and consultancy provided by the GIEPA. 
Export processing zones (Part XI of the Act) 
There are three types of EPZs:  EPZ for export-oriented en terprises;  mixed EPZ for export-oriented investors;  
and sole-entity EPZ for investment and operation of a single investment enterprise. 
EPZs must be licensed by the GIEPA;  licences may be granted for maximum of ten years and are not transferable.  
EPZs may be owned by the GIEPA or by private investors licensed by the GIEPA. 
EPZ investors that export at least 80% of output gain exemption from payment of import and excise duty and sales 
tax on goods produced within or imported into the zone, import duty on capital equipment, corporate or turnover tax, withholding tax on dividends, municipal tax, and depreciation allowance, for a maximum of ten years. 
Goods brought into the Gambian customs territory are subject to normal customs procedures and import duties;  
except that goods may, under Customs supervision, be taken into the customs territory or exported to another EPZ for repairs, maintenance, or destruction.  
Micro, small, and medium enterprises, established anyw here in the Gambian territory (Part XII of the Act) 
Incentives available are:  support for research and development;  income tax deposit waiver;  medium- to 
long-term loans with "affordable" interest rates;  matc hing grants;  and market survey and research support. 
Source :  GIEPA Act, 2010.
 WT/TPR/S/233 Trade Policy Review 
Page 16 
 
 
(2) TRADE POLICY FORMULATION AND IMPLEMENTATION  
18. "The Gambia Incorporated:  Vision 2020", adopted in 1996, remains the Government's 
overall guiding policy document.  It calls for the transformation of The Gambia "into a dynamic 
middle income country" by 2020.6 
19. Until recently, there had been no attempt to artic ulate a systematic trade policy agenda for 
The Gambia linked to poverty reduction.  Conseq uently, the formulation and discussion of trade 
policy objectives and measures were only partially integrated into the development strategy 
framework.  Many policy initiatives in trade and invest ment were undertaken, only to be changed later 
or not fully developed, either due to lack of human/financial resources or to changes of policy 
direction at the top level.  Overall, this lack of coherence was a serious handicap to The Gambia's 
policy development possibilities. 
20. The Ministry for Trade, Regional Integr ation and Employment (MOTIE) has overall 
responsibility for the formulation, coordination, and implementation of trade, competition, and 
employment policies.  It takes the lead role in tr ade negotiations in collaboration with the Ministry of 
Foreign Affairs.  Tariffs are set by the Ministry of Finance (MOF) and administered directly by the 
Gambia Revenue Authority.  Other departments whose functions have a bearing on trade policy 
include:  the Ministry of Local Government and La nds;  Attorney-General's Chambers and Ministry 
of Interior and NGO Affairs;  Ministry of Health an d Social Welfare;  Ministry of Economic Planning 
and Industrial Development;  Ministry of Fisheries, Water Resources,  and National Assembly 
Matters;  Ministry of Tourism and Culture;  Ministry of Information and  Communication 
Infrastructure;  Ministry of Works, Construction, and Infrastructure;  and Ministry of Agriculture. 
21. In the context of the Integrated Framework, in 2007 the World Bank drew up a 
comprehensive Diagnostic Trade Integration Strate gy (DTIS) study for The Gambia, focusing on the 
links between trade and development in the count ry, and making clear proposals at the macro- and 
micro-levels.7  The study noted, inter alia , that The Gambia did not have an overall trade policy 
document and had limited resources to de fine and pursue its trade policy interests;  that there was no 
clear guidance for the small MOTIE team in its work, a lack of specialization in areas of trade policy;  
virtually no formal analytical work, and a great  deal of un-prioritized travel, in response to 
international invitations, by members of the MO TIE senior staff.  The DTIS made four key 
recommendations regarding planning and follow-up of  MOTIE activities, the structure of the Trade 
Division, the committee structure, and formulation of a short statement of general trade policy aims 
(Box II.2). 
22. The Government has taken a number of positive steps at the institutional level to improve 
internal coordination among ministries and betw een Government and civil society, and has 
strengthened the capacity of the Ministry of Trade.  For example, in 2007 the Ministry revitalized the 
Inter-institutional Committee for Mainstreaming Trade and Trade-related Issues (MATTRICOM) 
which was established in 2006, linking G overnment, private sector, and civil society.8  In 2009, this 
committee was renamed the National Trade Polic y Decision-making Committee (Box II.3).  The 
Ministry of Trade also increased the staffing strength of the Trade Division in 2009 by creating and filling the position of a Director of Trade. 
                                                     
 
6 Government of The Gambia (1996). 
7 World Bank (2007). 
8 This committee was supported by ECOWAS (2008–10) through the ECOWAS Trade Negotiation 
Capacity Building Project to improve the capacity of the members of the committee on trade-related issues. The Gambia WT/TPR/S/233 
 Page 17 
 
 
Box II.2:  Summary of DTIS Study recommendation s regarding institutional structure for trade 
MOTIE Trade Division activities:  regular planning with rolling six-monthly reviews of activities, with each 
professional in the Division responsible for specific activities and acting as focal point for the relevant Committee;  Trade Division to be headed by an economist with relevant experience, supported by a resident technical assistant;  
committee structure to be formalized, with one main committee and sub-committees, EPA negotiations should have own committee;  Trade Division should compose a short statement of policy objectives, which should remain 
valid over time. 
Government-private sector dialogue:  establish three-leve l dialogue (Head of State/Ministers level;  PS/senior 
officials/main private sector organizations;  small secret ariat (possibly civil service/Gambia Chamber of Commerce 
and Industry). 
Export, and export-led investment, promotion:  develo pment/promotion of exports should focus on supply-side 
constraints;  exploit regional efficiency of Port of Banjul, English-language links, open access to EU market;  focus on key sectors;  simplify Special Investment Certifi cate system, including in free zones;  challenge ECOWAS 
attitude to free zones. 
Customs procedures:  simplify port procedures with a one-stop on-site office;  adopt ASYCUDA ++ as customs 
administration system;  ensure all taxpayers have unique Taxpayer Identification Numbers (TIN);  adopt WTO valuation method. 
Quality and standards:  focus should be on (a) development of good metrology;  (b) promoting awareness by 
officials/managers/farmers of standards requirements.  Urgent need to improve groundnut quality and promote certification of fish exports for EU market.  Encourage use of foreign/regional laboratories for quality/conformity assessment procedures. 
Source: World Bank (2007), The Gambia:  from Entrepôt to Exporter and Eco-Tourism , July.  Viewed at:  
 http://www.integratedframework.org/files/Gambia_DTIS_Final_July07.pdf. 
 
Box II.3:  National Trade Policy Decision-Making Committee (formerly, MATTRICOM) 
MATTRICOM was created by MOTIE in 2006, supported by the ECOWAS Commission, through the ECOWAS 
Trade Negotiation Capacity Building Project.  The project, which is now in its second phase (2008-10), is focusing on building institutional capacity in trade decision making. 
The objective of the Committee is to provide a forum for policy dialogue to facilitate effective formulation of 
coherent policy decisions and their implementation in both domestic and international trade and trade negotiations. 
The Committee assists MOTIE to formulate trade policy.  Its tasks are to provide advice on trade-related policy 
issues to ensure policy coherence and synergy in domestic and international trade issues;  make inputs and technical advice for development of negotiation strategies (in this context, it has established a sub-committee on trade negotiations);  coordinate and monitor approaches in areas such as the EBA, AGOA, ECOWAS, and EPA;  work with MOTIE to devise strategies for integrating The Gambia into the multilateral trading system through the improvement of supply capabilities;  highlight impending trade-related problems and recommend interventions and strategies for combating them;  monitor implementation of trade policy;  commission analytical work;  and to ensure that the concerns of private-sector operators an d consumer representatives are reflected in The Gambia's 
trade policy. 
The Director of Trade at MOTIE coordinates the activities of  the Committee and is assisted by a representative of 
the Gambia Chamber of Commerce and Industry. 
Member institutions of MATTRICOM are: 
− Ministry of Agriculture;  Ministry of Finance;  Ministry of Fisheries, Water Resources and National 
Assembly Matters;  Ministry of Economic Planning and Industrial Development;  Ministry of Foreign Affairs and Gambians Abroad;  Ministry of Health and Social Welfare;  Ministry of Interior and NGO Affairs;  Ministry of Trade, Regional Integration,  and Employment;  Ministry of Tourism and Culture;  
and Ministry of Works, Cons truction, and Infrastructure; 
Box II.3 (cont'd) WT/TPR/S/233 Trade Policy Review 
Page 18 
 
 
− Policy Analysis Unit; 
− Department of Animal Health Products and Services;  Gambia Police Force;  Immigration Department; 
Gambia Ports Authority;  Gambia Revenue Authority;  and Gambia Tourism Authority; 
− Gambia Investment and Export Promotion Agency;  National Agricultural Research Institute;  National 
Environment Agency;  and Public Utility Regulatory Authority;  and 
− Gambia Chamber of Commerce and Industry;  Association of Gambia Industrial and Fishing Companies; 
Association of Non-Governmental Organizati ons;  and Gambia Manufacturers Association. 
Source:  Information provided by the Government of The Gambia.  
23. A key conceptual element in The Gambia's fu ture trade policy development is the "Trade 
Policy Action Program", drawn up in 2009 by MOTIE,  with support from the West African Monetary 
Institute, and validated by stakeholders in January 2010.  This programme, timed to be delivered over 
the period 2011-15, seeks to move The Gambia from a re-export economy to a producer of "real 
domestic export goods and services".9  Indicators that will be used by the Government to measure the 
success of the programme include increased volum e and value of exports, increased output of 
domestic firms, inflow of foreign direct invest ment, remittances, donor assistance, expanded markets, 
better quality products, and increased ability to compete internationally. 
24. The Action Program covers nine thematic areas.  In terms of legal framework , it seeks 
improved legal drafting, business registration, and legal education, as well as improvement in the 
courts system and the Alternative Dispute Resoluti on system.  Regarding The Gambia's participation 
in global trade, it seeks improvements in capacity of  ministries, clear delineation of responsibilities 
among ministries and agencies, and the confirmation of MOTIE as the coordinating ministry, as well 
as better relations with Senegal through joint project s, improvement in transit and re-export trade and 
the re-establishment of the Senegalo-Gambian Permanent Secretariat.  The programme seeks 
development of a transparent import-export regime  through full information on tariff and non-tariff 
measures, strengthening capacity in the Customs De partment, rationalization of export incentives, and 
enhancement and diversification of the tourist sector.  To facilitate tr ade, the programme aims to have 
fully automated Customs clearance at all entry points, improve airport cargo-handling facilities including the provision of cold-chain facilities, and strengthen port facilities, river and road 
transportation, and transit and re-export trade.  Development of production capacity is to be 
encouraged through inter-sectoral dialogues;  improved investment promotion through GIEPA;  
enhanced support to micro, small, and medium-scal e enterprises;  education and training in quality 
management and research into improved inputs into ag riculture;  development of tertiary education;  
financial system reform to respond more to long-t erm financing needs and encouragement of savings 
and remittances;  review of land tenure and lease ri ghts;  development of road networks and other 
public utilities, and export trade support services thr ough GIEPA.  Provisions for domestic trade are to 
be improved through better market facilities, st orage provisions, credit and support services, and 
improvements in data collection, as well as working with business to promote value addition in export 
products.  Competition legislation has been improved by the passage of the Competition Act, and capacity is to be built up to implement its provisions , while Government procurement rules are to be 
reviewed and strengthened and a Consumer Protec tion Bill prepared.  Standards-setting institutions 
and procedures, currently very weak, are to be re inforced, and quality standards implemented in the 
domestic economy.  Provisions for intellectual prop erty rights and their application, including 
institutions, are to be strengthened, following the p assage of new legislation on industrial property and 
copyright in recent years (Chapter III(3)(iv)). 
                                                     
 
9 MOTIE (2010). The Gambia WT/TPR/S/233 
 Page 19 
 
 
25. This ambitious programme is to be financed through funds identified for individual projects 
and included in the annual budget statements.  It w ill require a good deal of c oordination, consistency 
in execution, and clear priority identification to  succeed.  Currently, as previous studies have also 
noted, consistency in policy formulation and implem entation is severely handicapped by the constant 
reshuffling of ministers and senior officials, both within and among ministries, that characterizes The 
Gambia's system of governance. 
26. Four areas on which work is already in progr ess (in some cases, well advanced) are Customs 
reform, investment policy, quality and standa rds, and improvement of statistical data. 
− The new Customs and Excise Act has been publis hed and procedures are ongoing to bring it 
into operation (Chapter III(1)). 
− As noted, the Government revised the GIPFZA Act (2001) to create the Gambia Investment 
and Export Promotion Agency (GIEPA) in Apr il 2010.  The new agency is responsible for 
both investment and export promotion and will initiate the formulation of an export 
development strategy for The Gambia.  GIEPA is  to work closely with  the Gambia Revenue 
Authority to create a one-stop shop for business registration. 
− On quality and standards, The Gambia is curren tly being supported under the three-year West 
African Quality Programme funded by the Europ ean Union in collaboration with UNIDO as 
executing Agency.  The programme, which starte d in 2008, is to strengthen competitiveness 
of national industries and enterprises and to en sure compliance with international trade rules 
and regulations, in particular the WTO TB T and SPS Agreements.  The programme is 
currently supporting four laboratories to im prove testing and acquire international 
accreditation:  the National Agricultural Research  Institute laboratory for aflatoxin testing on 
groundnuts, the Fisheries Laboratory for microbiology testing of fish, the National Health 
Laboratory for chemical testing of foods, a nd the Veterinary Laboratory for microbiology 
testing of foods of animal origin.  The project  is also supporting the metrology laboratory by 
providing it with the basic equipment necessary for the delivery of metrology services to commerce, industry, and other laboratories. 
27. Work to establish the Gambia Bureau of Standard s has started.  A roadmap was formulated in 
October 2009 to guide the process of establishing the standards bureau in 2011 (see 
Chapter III(1)(viii).  The draft Gambia Standards Bill gained Cabinet approval in June 2010 and will 
be submitted to the National Assembly later in the year for enactment.  As regards the 
recommendations of the DTIS, a number of actions have been taken by MOTIE, while others were 
implemented by sectors.  The Ministry formulated the EIF Tier 1 project proposal, approved by the EIF Board in December 2009, which covered a number of activities in an Action Matrix for the 
project support to the DTIS implementation.  Some sectors have begun implementation of the 
activities of the action matrix.  A credit reference bureau created at the Central Bank of the Gambia is now functional.  The rehabilitation of the Amda laye-Jiboroh road connecting the Kaolack to 
Zuihuinchor route has been completed, and w as opened in July 2009.  Rehabilitation of the 
Trans-Gambia route is in progress.  The new Custom s and Excise Act contains provisions to facilitate 
imports of inputs required for expor ts or investment through duty-free import or lower duties for these 
products, thus reducing the need for duty waiver s.  ASYCUDA ++ was introduced in June 2010 to 
facilitate customs clearance of go ods and to improve the quality and timeliness of trade data;  since 
end 2007, the Ministry of Trade has published exte rnal trade statistics every six months.  Following 
the approval of the Tier 1 project in December 2009,  the Ministry of Trade, Regional Integration and 
Employment established a National Implementation Unit, recruiting the staff of the Unit in 
March 2010.  The NIU has been fully operational since April 2010. WT/TPR/S/233 Trade Policy Review 
Page 20 
 
 
(3) PARTICIPATION IN THE WORLD TRADE ORGANIZATION AND OTHER MULTILATERAL 
 B ODIES  
28. The Gambia has been a Member of the WTO since 23 October 1996;  it was a contracting 
party to the GATT from 22 February 1965.  It applies MFN treatment to all trading partners other than 
members of ECOWAS, selected imports from which are covered by the ECOWAS Trade 
Liberalization scheme (section 4(i)(b) below).  Th e Gambia's WTO goods schedule is contained in 
Schedule CX and its services schedule in docum ent GATS/SC/112.  The Gambia is neither a 
signatory nor an observer to any of the WTO's plurilateral agreements.   
29. Since 2004, The Gambia has made one new nationa l notification, updated three of its national 
notifications, and is involved in a common notificati on made on behalf of ECOWAS (Table II.3).  It 
also made available to the Secretariat its most rece nt (2010) tariff in the context of this Review.  The 
Gambia has not been involved in any dispute unde r the WTO Dispute Settlement Mechanism, either 
directly or as a third party. 
Table II.3 
Notifications by, or on behalf of, The Gambia to the WTO since 2004, as at March 2010 
WTO Agreement Description of notification Period icity Document symbol of latest notification 
Agreement on Agriculture  
Articles 10 and 18.2 Export subsidies Annual G/AG/N/GMB/3 
15 September 2005 (covers years 1998-04) 
Articles 10 and 18.2 Domestic support Two yearly G/AG/N/GMB/1/Rev.1 
15 September 2005  
Agreement on Import Licensing Procedures  
Article 7.3 Questionnaire on import licensing procedures 
(concerns Medicines Act) Annual G/LIC/N/3/GMB/2 
27 September 2007  
Committee on Trade and Development    
Enabling Clause Notification (by Ghana, on behalf of 
members) of revised ECOWAS treaty Ad hoc WT/COMTD/N/21 
26 September 2005  
Agreement on Sanitary and Phytosanitary Measures  
Article 7, Annex B Notification of  Food Safety and Quality Bill 
(covering all food products destined for 
human consumption and also animal feed) Ad hoc G/SPS/N/GMB/1 
4 March 2010  
Source: WTO Secretariat.  
30. The Gambia is a UN-designated least devel oped country, and as such benefits from the 
special and differential treatment provisions a pplicable to least developed countries under WTO 
Agreements.  Implementation of WTO Agreements by  The Gambia and its ability to derive benefits 
from its participation in the multilateral trading system will require significant investment in 
developing trade-relate d capacity (Chapter V). 
31. The Gambia's participation in multilateral trade negotiations has, until recently, been 
restricted by weak inter-ministerial coordination on  trade policy, and by its lack of representation in 
Geneva.  Its stated main areas of interest are speci al and differential treatment, market access, and the 
extension of protection afforded through geographica l indications to products of regional interest. 
32. The Gambia's position regarding the DDA is in line with the position of the LDCs and 
African groups in the negotiations aiming to ach ieve a development-oriented round.  At the 
conclusion of the Round, The Gambia, as an LDC within Africa, expects flexibilities accorded to 
developing countries, particularly the LDCs, to f acilitate their integration into the global economy and 
enhance their development. The Gambia WT/TPR/S/233 
 Page 21 
 
 
33. In addition to the WTO, the Gambia is a member of the following multilateral economic 
organizations or groupings:  the Commonwealth, the UN Food and Agriculture Organization, the G-77, the World Bank and its subsidiary bodies, International Fund for Agricultural Development, 
International Labour Organization,  International Monetary Fund, International Telecommunications 
Union, Islamic Development Bank, Multilateral Inv estment Guarantee Agency, the Organization of 
the Islamic Conference, the United Nations, UNCT AD, Universal Postal Union, World Customs 
Organization, World Intellectual Property Organi zation, World Meteorological Organization, and 
World Tourism Organization.  The Gambia has al so accepted the provisions of the Rotterdam 
Convention on the Prior Informed Consent Procedure for Certain Hazardous Ch emicals and Pesticides 
in International Trade
10, and has ratified the Stockholm Conventio n on Persistent Organic Pollutants.11 
(4) PREFERENTIAL TRADE AGREEMENTS AND ARRANGEMENTS  
(i) Regional agreements 
(a) African Union and African Economic Community 
34. The Gambia is a founding member of the African Union, having signed the Abuja Treaty 
Establishing the AEC in June 1991, and is an orig inal signatory to the New Partnership for African 
Development (NEPAD). 
(b) ECOWAS 
35. The Gambia is also a founding member of ECOWAS, established in 1975.12  Since 2006, The 
Gambia has applied the ECOWAS common customs tariff and an ECOWAS community levy of 0.5% to all imports from outside the area.  The new Customs and Excise Act introduces into The Gambia 
the provisions of the ECOWAS Trade Liberalization Scheme. 
36. The Gambia raised its tariff on final goods from 18% to 20% in 2006 to align it to the fourth 
band of the CET, as well as modifying a large numbe r of other rates, some upwards, some downwards 
(Chapter III(1)(iv)).  With the proposed introductio n of a fifth band at 35%, The Gambia submitted its 
proposed list of products for classification under th is band in 2008.  Negotiations on products for 
classification by ECOWAS under the common fifth band, as well as The Gambia's "Type B" list of 
national exceptions, are ongoing.  The Government is committed to aligning Th e Gambia's tariff lines 
fully to the ECOWAS CET once the negotiations are completed. 
37. The ECOWAS Trade Liberalization Scheme (ETLS)  for industrial products originating from 
member states of the community entered into force on 1 January 1990.  The objective of the scheme is 
to improve intra-ECOWAS trade by removing impor t duties and taxes on industrial products that 
qualify under the scheme.  Since the creation of National Approval Committees by the ECOWAS 
Authority, the approval process under the scheme has improved.  In The Gambia, the number of companies certified to operate under the scheme in creased from 3 in 2006 to 15 in 2009;  4 of these 
companies have started exporting to the sub-regi on under the ETLS.  However, the smooth access of 
                                                     
 
10 See Rotterdam Convention online information.  Viewed at:  http://www.pic.int/home.php?type= 
t&id=63&sid=17. 
11 See Stockholm Convention on Persistent Organic Pollutants online information.  Viewed at:  
http://chm.pops.int/Countries/StatusofRatifi cation/tabid/252/language /fr-CH/Default.aspx. 
12 ECOWAS membership comprises Benin, Burkina Faso, Côte d'Ivoire, Mali, Niger, Senegal, and 
Togo (members of the UEMOA), the Gambia, Ghana, Guin ea, Nigeria, Sierra Leone (members of the West 
African Monetary Zone), Cape Verd e, Guinea-Bissau, and Liberia. WT/TPR/S/233 Trade Policy Review 
Page 22 
 
 
ETLS certified companies to the regional market is still a challenge for expansion of intra-ECOWAS 
trade. 
38. Within ECOWAS, bilateral trade relations betw een the Gambia and Senegal have long been a 
sore point, due to the prevalence of unrecorded flow s of re-exports and, in particular, of goods in 
transit through Banjul port, which do not pay duty.  In May 2010, joint discussions between The 
Gambia and Senegal resulted in an agreement, for a trial period of six months, that all transit and 
export trade will be accompanied by a declaration form (the ECOWAS Single Administrative Document or SAD), and classified under the appropriate Customs Procedure Code (CPC) and nomenclature.  It was also agreed that checking of such goods should be done only when there is 
suspicion that the goods are fraudulent or prohibited,  and should be strictly limited to avoid undue 
delays in legitimate trade.
13 
39. Within ECOWAS, The Gambia is also a memb er of the West African Monetary Zone 
(WAMZ).  The objective of the Zone is to est ablish a common currency (to be known as the eco) 
among its members (The Gambia, Ghana, Guinea, Liberia, Nigeria, and Sierra Leone).  Successive deadlines of 2003, 2005, and 2009 have not been met;  the present objective is to achieve the common 
currency by 2015.
14 
40. The Gambia is also a member of the "Comité  Permanent Inter-États de Lutte contre la 
Sécheresse dans le Sahel", whose membership comprises Burkina Faso, Cape Verde, Chad, 
The Gambia, Guinea-Bissau, Mali, Mauritania, Niger, and Senegal.15  The focal point in The Gambia 
is the Ministry of Agriculture. 
(ii) Bilateral agreements and arrangements 
41. The Gambia has signed bilateral trade agreements  with Chinese Taipei, Cuba, Iran, Nigeria, 
Senegal, and Tunisia.  These agreements mainly cover cooperation in trade promotion activities, and 
do not entail any preferential market access. 
(iii) Non-reciprocal preferential arrangements 
(a) Overview 
42. As a least developed country, The Gambia bene fits from non-reciprocal duty-free preferential 
treatment from many industrialized countries under the Generalized System of Preferences (GSP), and 
under related schemes like the European Union's Ever ything But Arms (EBA) initiative.  However, 
like many LDCs, The Gambia is still struggling to benefit effectively from such schemes, due to supply-side constraints. 
43. Recent data from the WTO Sub-Committee on Least-Developed Countries show that all 
major developed markets extend duty-free, quota -free (DFQF) treatment to imports from least 
developed countries, in proportions rangi ng from 82.5% to 100% of tariff lines.
16  Four developing 
economies (China, India, Korea, and Morocco) exte nd DFQF or reduced-duty preferences to LDCs, 
                                                      
13 Daily Observer , "Gambia, Senegal Customs Sign Joint Communiqué", 31 May 2010.  Viewed at: 
http://observer.gm/africa/gambia/article/gambia-senegal-customs-sign-joint-communique. 
14 The Guardian Nigeria , "Waiting for West African common curr ency", 15 June 2009.  Viewed at:  
http://www.ngrguardiannews.com/focus_record/ar ticle01/indexn2_html?pdate=150609&ptitle=Waiting%20 
for%20West%20African%20common%20currency. 
15 CILSS online information, "Presentation".  View ed at:  http://www.cilss.bf/spip.php?rubrique1. 
16 WTO document WT/COMTD/LDC/W/46, 23 October 2009. The Gambia WT/TPR/S/233 
 Page 23 
 
 
including The Gambia;  in China' s case this is limited to countries in Africa that have diplomatic 
relations with China, thus excluding The Gambia. 
44. If The Gambia can fulfil the rules of origin requirements in the EU market, there would 
appear to be little reason why it could not benefit from EBA duty-free access for its major export 
products (groundnuts, cashews, fisheries), even in the absence of an EPA. Furthermore, DFQF 
treatment for cashews, fish fillets , and non-industrial diamonds in India may be of interest to The 
Gambia.17 
(b) Bilateral relations with the European Union 
45. The Gambia was a signatory to the Cotonou  Agreement, which until 31 December 2007 
governed bilateral preferences granted by the EU to African, Caribbean, and Pacific (ACP) States.  As 
noted above, The Gambia also receives duty-free preferential treatment in the EU market under 
"Everything but Arms" (EBA) provisions. 
46. Currently, the EU and ECOWAS members ar e in negotiation for a successor regional 
Economic Partnership Agreement, intended to be fully consistent with WTO provisions.  Recent 
reports suggest that in November 2009, texts of articles relating to development financing to be 
included in the EPA were agreed at official level,  and that the two sides also considered a revised 
offer by ECOWAS for market access in goods.18  Meanwhile, The Gambia  remains eligible for 
preferential treatment under the EBA scheme. 
47. In March 2010, ECOWAS was reported to have tabled a new market access offer that would 
open about 70% of its tariff lines and volume of tr ade over a 25-year period.  In return, the EU 
indicated that it would like to see the tariffs  brought down more quickly.  The proposed MFN 
provision of the agreement also remained controversia l, with the EU seeking the same treatment that 
ECOWAS countries might provide to "major trading partners" in other FTAs.  ECOWAS feared that 
this provision would inhibit West African countri es from pursuing agreements with major developing 
countries, and would prefer to limit the MFN clause to developed countries.  On the other hand, there 
was little response to an ECOWAS request for the EU  to remove agricultural subsidies with negative 
impact on West African farmers, although the parti es agreed to set up a contact group to analyse the 
economic impact of EU agricultural subsidies on West Africa.19 
48. The Gambia continues to receive assistance fro m the EU under its Country Support Strategy.  
During 2002-07, the main focus of the strategy was on rural development and transport, with each to 
receive approximately 40% of the overall €37 million aid package;  the rest was to be devoted to more 
general capacity-building.  Under the 10th EDF package, for 2008-13, the main focus continues to be 
on the transport sector, emphasizing infrastructure and regional interconnectivity;  out of a total of €76 million, 46% is to be devoted to infrastructure and regional interconnectivity (major roads, river 
crossing bridges);  29% to gene ral budget support fo r poverty reduction and promoting access to 
social services, 14.5% to governance, including supporting economic and trade reforms, and the 
remaining 10.5% to other project support.
20 
                                                      
17 See Government of India (2008), copy supplied by the Gambian authorities. 
18 Julian (2010).  Among ECOWAS members, Ghana in itiated, and Côte d'Ivoi re signed, "interim" 
EPAs with the EU in 2007 and 2008 respectively.  A full regional EPA would su persede these agreements. 
19 Reported in ICTSD (2010). 
20 Republic of The Gambia and European Community (2007). WT/TPR/S/233 Trade Policy Review 
Page 24 
 
 
(c) Relations with the United States under the African Growth and Opportunity Act (AGOA) 
49. The United States' African Growth and Opportuni ty Act (AGOA), originally enacted in 2000, 
offers free access for some manufac tured products originating in African countries that make progress 
in:  establishing a market-based economy;  developi ng political pluralism and the rule of law;  
eliminating discriminatory barriers to U.S. trade a nd investment;  protecting intellectual property;  
combating corruption;  protecting human and worker rights;  and removing certain practices of child 
labour.21 
50. African countries eligible for preferential treatment under the AGOA will continue to receive 
duty-free treatment in the U.S. market for eligible products until 2015.  Special provisions relating to 
clothing trade will continue until 2012. 
51. The Gambia has been eligible for AGOA benef its since 2003, and has held a "textile visa" 
since April 2008, qualifying it for the special textile and clothing provisions of AGOA22;  however, 
statistics compiled by the U.S. Department of Commer ce show that:  (a) The Gambia's total exports to 
the United States are minimal (US$641,000 in 2008) ;  and (b) The Gambia's exports under AGOA 
provisions are even lower (US$36,000, all ag ricultural products, in 2007, nil in 2008).23  I n  e a r l y  
2010, training activities on textile and clothing exports were held between the U. S. Embassy in Banjul 
and Gambia's West Africa Trade Hub, in an effort  to create capacity for clothing exports under the 
AGOA.24  To date, however, no such trade has arisen. 
(5) INVESTMENT AGREEMENTS AND ARRANGEMENTS  
52. The Gambia maintains double taxation agreements  with Australia, Chinese Taipei, Denmark, 
Norway, Sweden, Switzerland, and the United Kingdom.  Bilateral investment agreements have been 
concluded with Mauritania, Morocco, the Neth erlands, Qatar, Spain, Switzerland, and the 
United Kingdom.25 
 
                                                      
21 African Growth and Opportunity Act.  Vi ewed at:  http://www.agoa.gov/index.html. 
22 Gambia News , "US grants Gambia textile visa", 12 May 2008.  Viewed at:  
http://www.gambianow.com/news/Ne ws/-Gambia-News-US-grants-Ga mbia-AGOA-textile-visa.html. 
23 AGOA.info online information, "Bilateral trade profile:  US-Gambia".  Viewed at:  
http://www.agoa.info/?view=country_info&country=gm&story=trade. 
24 Fibre2fashion News  online information, "AGOA:  Unique  opportunity for clothing exports", 
27 February 2010.  Viewed at:  http://www.fibre2fas hion.com/news/apparel-news/newsdetails.aspx?news_id= 
82913. 
25 UNCTAD online information, "Country-specific Lists of DTTs".  Viewed at:  
http://www.unctad.org/Templates/Page.asp?intItemID=4505&l ang=1;  and "Country-specific Lists of BITs".  
Viewed at:  http://www.unctad.org/Temp lates/Page.asp?intItemID=2344&lang=1 .