Togo WT/TPR/S/166 
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II. TRADE AND INVESTMENT REGIME 
(1) GENERAL CONTEXT  
1. The Constitution ("Loi Fondamentale") of the Re public of Togo, which has been independent 
since 27 April 1960, was adopted by refere ndum on 27 September 1992 and promulgated on 
14 October 1992.  In 2002, the National Assembly  enacted a law amending 34 provisions of the 
Constitution.1  The main amendments concerned: the abolition of the limitation on the number of 
successive terms that the President of the Republic can serve and the lowering of the minimum age to 
run for office in presidential elections;  the creation of a bicameral Parliament composed, in principle, 
of the National Assembly and the Senate (the latt er still to be established);  the recasting of the 
provisions concerning the Constitutional Court;  and th e institution of the office of Mediator of the 
Republic responsible for settling non-judicial dis putes between citizens and the authorities (post not 
currently filled). 
2. Under the Constitution, as amended in 2002, the Presi dent of Togo, who is the Head of State, 
is elected by universal suffrage fo r a renewable term of five years;  presidential elections were last 
held on 24 April 2005.  The President appoints the Prime Minister and, on the latter's proposal, the 
other members of the government, and presides over the Council of Ministers.  The current Prime 
Minister was appointed on 8 June 2005 and the Govern ment of Togo (28 ministers) has been in place 
since 20 June 2005.  At the last count, on 30 March 2006, Togo's central administration had a complement of 21,962.  A reform of the civil service is being planned with a view to making the transition to a territorial (decentralized) administration. 
3. The National Assembly has 81 deputies elected for a five-year term by direct universal 
suffrage;  the last legislative elections were held on 27 October 2002.  Bills and proposals for 
legislation are initiated by the Council of Mini sters and the National Assembly, which passes laws, 
thereby exercising control over the actions of the Government.
2  The laws passed are sent to the 
President of the Republic for promulgation.  In prin ciple, all acts (laws, ordinances, decrees, orders, 
decisions, land title registration applications) are pub lished in the Official Journal.  In practice, 
however, the State-owned enterprise responsible fo r their publication, EDITOGO, is experiencing 
financial difficulties which are preventing it from properly carrying out this task.  The Togolese authorities are understood to have expressed a d esire for technical assistance in this respect. 
4. Togo's principal trade-related laws  and regulations are listed in Table II.1.  It should be noted 
that Togo's policy on trade in goods and services and th e protection of intellectual property rights is a 
two-tier one based on regulations established at supran ational level, the result of multilateral, regional 
and subregional integration, and na tional regulations, which deal with  all the aspects not covered by 
supranational provisions. 
                                                     
 
1 Law No. 2002-029 of 30 December 2002. 
2 The Government may request the National Assembly for authorization to adopt by ordinance, valid 
for a limited period, measures that would normally fall within the scope of ordinary law.  Ordinances are made in the Council of Ministers after consulting the Constitutional Court. WT/TPR/S/166 Trade Policy Review 
Page 10 
 
 
Table II.1 
Togo's principal trade-related laws and regulations, April 2006 
Sector Instrument/text 
Customs legislation Law No. 66-22 of 23 December 1966, as amended 
UEMOA Customs Code 2001 (Book I) 
Customs Tariff 
Taxes, levies and charges General Tax Code (Law No. 83-22 of 30 December 1983), as amended by Finance 
Law 2006 
Free zones Law No. 89-14 of 18 September 1989 and Decree No. 09-40 of 4 April 1990 
Government procurement  Ordinance N o.  93-006 of 4 August 1993 and Decrees No.  94-039/PR of 10 June 1994 
and No.  97-003/PR of  8 January 1997 
Standardization Order No. 027/ MISE/CAB of 28 November 1990 
Procedures and regulations for  the 
establishment of private commercial enterprises Seven uniform acts of the Organization fo r the Harmonization of African Business 
Law (OHADA) 
State-owned enterprises 
 Privatization of State-owned enterprises Law No. 90-26 of 4 December 1990 
 Ordinance No. 94-002 and Decree No. 94-038 of 10 June 1994 
Banking services  
Grassroots savings and loan mutual or 
cooperative institutions Central Bank of West African Stat es (BCEAO) and WAMU provisions 
 Law No. 95-014 of 14 July 1995 and Decree No. 96-038 of 10 April 1996 
Insurance Insurance Code of the Inter-Afri can Conference on Insurance Markets (CIMA) 
Tourism establishments 
Tour guides 
Tourist agencies Decree No. 89-137/PR of 23 August 1989 
Decree No. 89-138/PR of 23 August 1989 
Decree No. 89-139/PR of 23 August 1989 
Competition and prices Law No. 99-011 of 28 December 1999 
Protection of patents, industrial designs and 
trademarks, new plant varieties Treaty of Bangui (1999) 
Copyright protection  Law No. 91-12 of 10 June 1991 
Sanitary measures – animal health  Law No. 99-002 of 12 February 1999 
Phytosanitary measures Law No. 96-007 of 3 July 1996 
Environmental protection Law No. 88-14 of 3 November 1988 
Fishing Law No. 98-012 of 11 June 1998 
Telecommunications Law No. 98-005 of 11 Februa ry 1998, amended by Law No. 2004-011 of 3 May 2004 
Postal services Law No. 99-004 of 15 March 1999, amended by Law No. 2002-023 of 
12 September 2002 
Civil aviation Ordinance No. 15 of 14 March 1975, as amended 
Mining and minerals Law No. 96-004/PR of 26 Fe bruary 1996, amended by Law No. 2003-012 of 
14 October 2003 
Hydrocarbons Law No. 99-003 of 18 February 1999 
Source : Togolese authorities. 
5. The President of the Republic (or his delegate) negotiates, signs and promulgates treaties and 
international agreements ratified by a law of the National Assembly3; the WTO Agreement entered 
into force in Togo under this procedure.4  From the time of ratification, ratified treaties and 
agreements take precedence over laws, subject, with respect to each individual agreement or treaty, to 
its being applied by the other party (except in the case of human rights treaties).  These acts are 
directly applicable as law in Togo and enforceable ipso jure .  Under this monist system, the WTO 
Agreement may be invoked directly in judicial pr oceedings;  however, this has never been the case. 
                                                      
3 Title XI of the 1992 Constitution.  The Constitutional Court may be seized by the President of the 
Republic, by the Prime Minister or by the President of the National Assembly.  When the Constitutional Court 
has ruled that an international commitment contains a clause that is contrary to the Constitution, ratification or 
approval cannot be authorized until the Constitution has been amended. 
4 Law 95-13/PR of 19 April 1995. Togo WT/TPR/S/166 
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6. The Constitution enshrines the principle of the independence of the judiciary.5  T h e  
Constitutional Court, installed on 22  February 1997, is the judge of constitutionality, the guarantor of 
fundamental freedoms, and the regulator of the operati on of the institutions;  there is no appeal against 
its decisions which are binding on the government and all other administrative and judicial 
authorities.6  There is also a High Court of Justice with jurisdiction over crimes and offences 
committed by the President of the Republic and members of the government.  The Supreme Court is the highest jurisdiction in the country in judici al and administrative proceedings.  The Court of 
Appeal hears appeals from decisions of the courts of first instance in civil, commercial and social 
cases.  It is composed of four divisions:  the Civil Division, the Commercial Division, the 
Administrative Division and the Assize Court.  Togo has no commercial court;  business disputes are 
dealt with by the ordinary courts.
7  The judges are appointed by the Judicial Service Commission, 
presided over by the President of the Supreme C ourt.  According to UNDP, the system for the 
administration of justice is handicapped by a shortage of resources but more particularly by its lack of 
credibility in the eyes of citizens and plaintiffs due partly to a climate of corruption and disregard for ethics and professional etiquette and partly to th e timid protection of rights by the judiciary.
8  The 
President of the Republic announced a Jus tice Modernization Programme in March 2006. 
7. The task of the High Authority for Media and Communications (HAAC) is to guarantee and 
ensure the freedom and protection of the press and other media;  the Press Code establishes the limits of this freedom and the sanctions that may be imposed on those who flout them.
9  HAAC is 
responsible for authorizing the installation of ne w private television channels and radio stations. 
8. At executive level, the main function of the Mini stry of Commerce is to formulate, evaluate 
and implement trade policy.10  It incorporates, inter alia , the Foreign Trade Directorate, which is 
responsible, among other things, fo r export promotion and for the application of trade-related 
provisions and the negotiation and application of in ternational trade agreements and treaties;  the 
Internal Trade and Competition Directorate;  the Qu ality and Metrology Directorate;  and the Industry 
Directorate, which is responsible, among other thi ngs,  for investment (outside free zones).  The 
Togolese authorities have not set up an interminis terial committee for monitoring WTO Agreements. 
9. When the government develops or changes its trade and investment policies, it consults the 
private sector, the universities and other research orga nizations on an ad hoc basis.  The principal 
business support structure is the Chamber of Commerce and Industry of Togo (CCIT),11 which 
embraces the Centre for Business Formalities (CFE) or Single Window.12  The National Shippers 
Council of Togo (CNCT) provides support for operator s wanting to have goods transported to or from 
Togo and arranges transit operations. 
10. The Constitution also stipulates that the Togolese Republic is organized in a system of 
territorial authorities – 30 urban communes, 30 pr efectures and 5 regions – which since 2001 have 
                                                      
5 Article 113 of the 1992 Constitution. 
6 Since the 2002 amendment, three of the nine members of the Constitutional Court are appointed by 
the President of the Republic wh o also appoints the President. 
7 In view of the shortcomings of the judicial sy stem, most disputes (especially if commercial) are 
settled out of court, with or wit hout the intervention of a bailiff. 
8 UNDP (2004a). 
9 Afrique-express, "New press co de heavily criticized by opposition", No. 255 of 17/09/2002.  
Available at:  http://www.afrique-express.com [4 January 2005]. 
10 Decree No. 2005-100/PR of 28 October 2005.  The Ministry of the Economy, Finance and 
Privatizations includes Customs. 
11 Law No. 98-022 of 31 December 1998. 
12 The Single Window was created by Decree No. 2000-091/PR of 8 November 2000. WT/TPR/S/166 Trade Policy Review 
Page 12 
 
 
been headed by special delegations.  Althoug h a regulatory framework was adopted in 1998,13 it is not 
being firmly applied.14  There have not been any local elections since 1987, and the establishment of 
elected authorities would mark a decisive step forward in the process of consolidation of 
decentralization in Togo.  The traditional chiefdoms are recognized. 
(2) POLICY OBJECTIVES  
11. With a view to normalizing relations with donors,15 in June 2004 the Togolese authorities 
adopted the interim version of the Poverty Reduction St rategy Paper (PRSP).  In the field of external 
trade, the PRSP establishes the objective of export growth and diversification for the purpose of 
improving Togo's trade balance, but does not define a precise strategy for achieving that goal .16 
12. A liberal approach is taken in order to ensure that Togo's trade and investment policy is 
consistent with the reforms undertaken since 1982 .  Togo's main concerns are to strengthen and 
improve its reputation (in West Africa) as a trade centre (in particular, because of its Export Processing Free Zone (ZFTE)) and as a transit country, via the Autonomous Port of Lomé (PAL) and the international-class airports of Lomé and Niamtougou. 
13. The measures recommended include implementation of the action plan for the development 
and promotion of trade, particularly non-traditiona l exports; the improvement of the institutional and 
regulatory framework for the private sector;  the dismantling of obstacles to competitiveness;  the 
introduction of private-sector support measures;  the continuation of the programme of withdrawal of 
the State from non-strategic economic activities;  the improvement of internal trading conditions;  and 
the improvement of transit conditions.  At instituti onal level, the authorities plan to strengthen their 
participation in the organizations responsible for various areas of external trade, such as those of 
interest to WAEMU, ECOWAS and the WTO (Section 3). 
14. As far as the free zone regime (Section (4)(ii) ) is concerned, investment policy has not 
changed since the first Togo review, but the Mining  Code has been amended (Chapter IV (3)(i)) and 
there is a new Hydrocarbons Code governing activiti es in that sector (Chapter IV (3)(ii)).  The 
drafting of a National Investment Code (Section (4 )(i)) is one of the objectives of the PRSP.  The 
Government is also pursuing a privatization programme  in order to attract foreign direct investment 
(Chapter III (2)(x)). 
                                                     
 
13 Law No.98-006 of 11 February 1998, as amended by Law No.2002-06 of 23 February 2000, 
Law No.2002-026 of 25 September 2002, and Law No.2004-015 of 27 August 2004. 
14 UNDP (2004b). 
15 According to the European Commission's Developmen t DG:  In practice, the lack of democracy led 
the EU to suspend cooperation at the end of 1992 with periods of progressive relaxation followed by periods of 
hardening in response to presidential elections systemat ically tainted with fraud and violence.  Consultations 
under Article 96 of the Cotonou  Agreement were organized between Togo and the EU from 14 April to 
14 July 2004, in the course of which the Government made 22 commitments concerning the restoration of 
democracy, human rights and respect for fundamental freedoms.  A Council decision on the appropriate 
cooperation measures resulting from the consultati ons was taken on 15 November 2004.  The country 
experienced further disorders in 2005 following the unexpected death of  President Eyadema on 
5 February 2005.  After the failure of discussions on the appointment of a Government of National Union, a "gouvernement d'ouverture" was appointed on 20 June 2005 with a so-called moderate member of the 
opposition, Mr Edem Kodjo, at its head.  The Government indicated its intention to honour the 22 commitments 
and initiate a political dialogue to work towards national reconciliation.  With the resumption of the process of political dialogue on 18 November and the publication of  the report of the National Commission of Inquiry on 
10 November steps progress has been made in the direction of national reconciliation.  Country information 
(French only), http://europa.eu.int/comm/development/ [13 April 2006]. 
16 Government of Togo (2004). Togo WT/TPR/S/166 
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(3) TRADE AGREEMENTS AND ARRANGEMENTS  
(i) The WTO 
15. Togo has been a Member of the WTO since 31 May 1995.17  It has been granted LDC status.  
It is not a signatory to any plurilateral agreem ent.  Togo accords at least Most Favoured Nation 
(MFN) treatment to all countries. 
16. Togo's concessions made during the Uruguay Round  are contained in Schedule CXXV, where 
tariff bindings are concerned (Chapter III (2)(a )), and in document GATS/SC/106, as regards 
commitments under the General Agreement on Trade in  Services (GATS) (Chapter IV (5)).  Togo has 
transmitted import and tariff data to the Integr ated Database (IDB) for the years 1996-04.18  Togo 
appears to have encountered certain difficulties with regard to the updating of other notifications.  At 
the time of its first trade policy review in 1999, th e only notification Togo had made was that relating 
to the delayed application of the Agreement on Implementation of Article VII of the GATT 1994 
(Customs valuation),19 but there is no subsequent action to re port.  Since the first review, Togo has 
been able to make only one other notification, to the effect that since 1995 it has had no products 
whose importation is subject to licensing.20 
17. The lack of a mission in Geneva is hamperi ng Togo's participation in the WTO's everyday 
activities.  However, it should be noted that Togol ese representatives played an active part in the 
Ministerial Conferences held in Singapore (1996) , Seattle (1999), Doha (2 001), Cancún (2003) and 
Hong Kong, China (2005)21  Togo supports the positions of the de veloping countries, and in particular 
those of the LDCs and ACP countries, on the ques tions of obligations and the strengthening of 
technical cooperation. 
18. Togo is eligible for the WTO's trade policy co urses and has benefited from several forms of 
technical assistance offered by the WTO.  There is  a possibility of further trade-related technical 
assistance (Annex II.1). 
19. The member States of WAEMU, of which Togo is one (Section (ii)(c) below), adopted a 
common position for the multilateral trade negotiations on agriculture22 and during the Ministerial 
Conferences at Cancun (2003)23 and Hong Kong, China (2005).24  To make its participation in the 
WTO more effective and achieve greater visi bility, WAEMU has also adopted procedures for 
appointing a spokesman for its members in the WTO.25  WAEMU, through its members, is pursuing 
three objectives in the WTO:  the recognition of a more representative status for WAEMU;  a group 
                                                      
17 On 20 March 1964, Togo acquired the status of contracting party (without tariff binding obligations) 
in accordance with the terms of paragraph 5(c) of Article XXVI, after having applied the GATT de facto since 
April 1960.  GATT document GATT L/2194 of 20 March 1964. 
18 WTO document G/MA/IDB/2/Rev.23 of  27 March 2006. 
19 WTO document WT/LET/ 19, 18 Ap ril 1995. 
20 WTO documents G/LIC/N/1/TGO/1 and G/ LIC/N/3/TGO/1 of 12 June 2003. 
21 WTO documents WT/MIN(96)/ST/87 of 11  December 1996, WT/M IN(99)/ST/76 of 
1 December 1999, WT/MIN(01)/ST/59 of 11 November 2001, WT/MIN(03)/ST/138  of 13 September 2003, and 
WT/MIN(05)/ST/130 of  17 December 2005. 
22 Directive No. 01/2001/CM/UEMOA. 
23 Directive No. 06/2003/CM/UEMOA. 
24 Directive No. 02/2005/CM/UEMOA. 
25 Directive No. 03/2005/CM/UEMOA. WT/TPR/S/166 Trade Policy Review 
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trade policy review for its member States;  and support for the Benin, Burkina Faso, Mali and Chad 
cotton initiative.26 
(ii) Regional agreements 
(a) The African Union27 
20. The achievement of African unity is one of Togo's basic objectives.28  Togo is a founding 
member of the African Union, the successor to  the Organization of African Unity (OAU).29  
Eventually, the African Union will be an econom ic and monetary union whose institutions will 
include a Conference of Heads of State and Governme nt, a Council of Ministers, a Peace and Security 
Council, a Commission, and a Pan-African Parliament, together with a central bank, a monetary fund, 
an African Investment Bank, a Court of Justice (s tatutes already prepared), an Economic, Social and 
Cultural Council (statutes already pr epared), and technical committees. 
21. The African Economic Community (AEC) was founded under the auspices of the OUA, now 
the AU, under the terms of the Treaty of Abuja in Ju ne 1991.  This treaty provides for the creation of 
an African common market in 6 stages spread over 34 years.  A key factor in this integration process 
is the coordination and harmonization of tariff a nd non-tariff measures, betw een various commercial 
and subregional groups (called regional economic communities) , with a view to establishing a 
continental customs union. 
22. The New Partnership for Africa's Development (NEPAD), adopted at the Lusaka (Zambia) 
Summit, is an AU programme managed at subregional level by ECOWAS. 
(b) Economic Community of West African States (ECOWAS)30 
23. Togo is a founding member of ECOWAS, whose treaty was revised in 1993 in order to 
accelerate the process of economic integration.31  Since this revision, ECOWAS's institutional 
framework has consisted of the Conference of Heads of State and Government, the Council of 
Ministers, the Parliament, the Economic and Soci al Council, the Court of Justice, the Executive 
Secretariat, the Bank for Investment and Devel opment, the Central Bank (West African Monetary 
Institute, precursor to the Central Bank established in 2001), and technical committees. 
24. The 1993 revision of the treaty also set the target of a customs union in 2000, followed by the 
creation of an economic and monetary union in 20 04.  The timetable for the customs union has not 
been met, except as regards the liberalization of  trade in unprocessed materials and handicrafts, 
although some member countries do not implement the corresponding provisions.  It was decided to 
                                                      
26 WAEMU Commission  (2006), "Note on the implementation of reforms within WAEMU Member 
States". 
27 Available [on line] at:  http://www.africa-union.org. 
28 Preamble to the 1992 Constitution. 
29 The Charter establishing the OAU was signed on 25 May 1963.  The Constitutive Act of the African 
Union was adopted at the Organization of African Unity (OAU) summit held in July 2000 at Lomé (Togo).  The African Union, which has now replaced the OAU, was proclaimed on 11 July 2001 at Lusaka, Zambia, after 
ratification of the Constitutive Act by more than 44 of the 53 Member States of the OAU.  The Durban Summit, 
held in 2002, launched the African Union. 
30 Available [on line] at:  http://www.ecowas.int. 
31 The ECOWAS treaty was signed on 28 May 1975.  ECOWAS now has 15 member countries:  
Benin;  Burkina Faso;  Cape Verde;  Côte d'Ivoire;  Gambia;  Ghana;  Guinea;  Guinea-Bissau;  Liberia;  Mali;  Niger;  Nigeria;  Sierra Leone;  Senegal;  and Togo. Togo WT/TPR/S/166 
 Page 15 
 
 
revise the "single trade liberalization scheme (TLS)"32;  the revised scheme provides for the 
progressive removal of tariff barriers to intra-Community trade in industrial products. 
25. In 2000, the ECOWAS Executive Secretariat noted that the non-application of the TLS 
constituted ECOWAS's most glaring failure and that intra-Community trade represented only 11 per 
cent of all member country trade.33  To correct this situation, in 1999 the economic integration process 
was relaunched.34  The new timetable for the TLS calls for th e "free trade area" to enter into effect 
from 1 January 2004.  The completed phases include the installation of a mechanism of compensation 
for the loss of customs revenue associated with the preferential regime and the adoption of rules of 
origin harmonized with those of WAEMU.35  The TLS approval procedure is supervised by the 
ECOWAS Commission.  As of June 2004,  774 en terprises  and 2,433 ECOWAS products had been 
admitted to the TLS.36 
26. The establishment of the West African Mone tary Zone (WAMZ) by certain ECOWAS 
countries situated outside the franc zone (Gambia,  Ghana, Guinea, Nigeria, and Sierra Leone) has 
been postponed to 1 December 2009,37 in view of the poor performance by member States in 
achieving the convergence criteria. 
27. Under the procedures adopted by ECOWAS, all the Member States were required to adopt, 
from 1 January 2006, a national tariff harmonized on WAEMU's CET.38  A convergence process is 
planned for 2006-07, with a view to the adoptio n of an ECOWAS CET as from 1 January 2008, in 
accordance with the timetable of the Economic  Partnership Agreement (EPA) with the EU. 
28. ECOWAS, in collaboration with the WAEMU Commission, is conducting the negotiations 
with the EU with a view to the conclusion of an EPA (Section (d) below).39  ECOWAS is also the 
focal point for the implementation of the NEPAD programmes.  ECOWAS adopted its regional agricultural policy (ECOWAP) on 19 January 2005.  In cooperation with the donors, it has launched 
numerous projects to develop the communications, ener gy, transport and tourism networks within the 
subregion and make them inter-ope rable.  ECOWAS also has the r esponsibility for settling disputes in 
the subregion (for example, in Côte d'Ivoire, Liberia and Guinea-Bissau). 
(c) West African Economic and Monetary Union (WAEMU)
40 
29. Togo is a founding member of WAEMU.41  The organs of the Union are:  the Conference of 
Heads of State and Government, the Parliament (who se statutes are in process of ratification), the 
Council of Ministers, the Commission, the Court of Justice, and the Court of Auditors.  The WAEMU 
member States are all members of ECOWAS (Section (b) above), whose geographical coverage is 
even wider.  WAEMU supplements the West Afri can Monetary Union (WAMU) with an economic 
integration chapter and incorporates its acquis (Chapt er I(1)).  WAEMU's main objectives are:  (i) the 
convergence of the results and economic policies of  the Member States through the institution of a 
                                                      
32 Decision A/Dec./6/7/92. 
33 ECOWAS Executive Secretariat (2000a). 
34 ECOWAS press release, No. 46/1999.  See also ECOWAS Executive Secretar iat (2000b), Chapter II. 
35 Protocol A/P.1/01/03. 
36 "Panel on ECOWAS trade scheme set up", 30 June  2004.  Available at:  http://www.nigeriafirst. 
org/article_2607.shtml [28 December 2004]. 
37 Chapter I of WTO document WT/TPR/S/153/Rev. 1 of 12 December 2005. 
38 Chapter II of WTO document WT/TPR/S/153/Rev. 1 of 12 December 2005. 
39 Decision A/Dec.11/12/01. 
40 Available [on line] at:  http://www.uemoa.int. 
41 The treaty establishing WAEMU was signed on 11 January 1994 by Benin, Burkina Faso, 
Côte d'Ivoire, Mali, Niger, Senegal and Togo.  Guinea-Bissau acceded on 1 January 1997. WT/TPR/S/166 Trade Policy Review 
Page 16 
 
 
multilateral monitoring procedure42;  (ii) the formation of a common market;  (iii) sectoral policy 
coordination;  (iv) the harmonization, to the ex tent necessary for the common market to function 
properly, of member States' legislation and, in particular, the system of duties and taxes on goods. 
30. WAEMU's principal trade policy, customs and fiscal measures (Box II.1) concern, in 
particular:  the preferential regime and its rules of origin (Chapter III (2)(iii));  the implementation of 
the WAEMU CET as from 1 January 2000 on the basis of a common statistical and tariff nomenclature, together with the determination of customs value, common customs procedures, additional duties and taxes, and anti-dumping,  countervailing and safeguard measures 
(Chapter III(2));  the harmonization of the internal ta x legislation of the member States in relation to 
other indirect taxes (VAT, excise duties, taxes on petroleum products) (Chapter III (2)(iv)(c));  the 
competition regime (not yet being applied);  the harmonization of national government procurement 
procedures (not yet being applied);  and the harmonization of national telecommunications 
frameworks (not yet being applied). 
31. According to a March 2006 report by the WAEMU Commission concerning the 
implementation of the reforms, all the member States have transposed the directives on VAT and 
excise duties, but only Benin and Senegal have adopted the list of medicaments, pharmaceutical 
products and specialized equipment eligible fo r exemption from VAT within WAEMU, while the 
Community regulations concerning taxes on pe troleum products are not yet being applied.
43 
32. Apart from implementing the CET, the WAEMU member States are progressively acquiring a 
range of other common instruments relating to their trade policy vis-à-vis third countries.  A 
framework agreement on the development of trad e and investment relations between the WAEMU 
member States and the United States was signed on 24 April 2002.  WAEMU is negotiating trade agreements with Algeria, Egypt, Lebanon, Morocco and Tunisia
44;  pending their conclusion, Togo's 
bilateral trade agreements remain in force (Section (e) below).  Certain activities are also being pursued in relation to the WTO (Section (i) above). 
                                                     
 
42 Additional Act No. 4/99. 
43 WAEMU Commission (2006), "Note on the impl ementation of reforms within WAEMU Member 
States". 
44 WAEMU Commission (2006), "Note on the impl ementation of reforms within WAEMU Member 
States". Togo WT/TPR/S/166 
 Page 17 
 
 
 Box II.1:  WAEMU's principal trade po licy, customs and fiscal measures 
 
Additional Act No. 4/1996 establishing a tran sitional preferential tariff regime fo r intra-WAEMU trade and its financing 
arrangements; 
Regulation No. 2/97/CM/UEMOA adopti ng the WAEMU CET, as amended; 
Directive No.  2/98/CM/UEM OA harmonizing the Value Added Tax (VAT) legislati on of the Member States; 
Directive No.  3/98/CM/UEMOA ha rmonizing the excise duty legislation of the Member States; 
Additional Act No. 4/1998 establishing a Community Pr eferential Tax on originating industrial products; 
Additional Protocol No. III of 2001 establishing rules of origin for WAEMU products; 
Regulation No. 5/98/CM/UEMOA defining the list of categories of goods and featuri ng in the WAEMU tariff and statistical 
nomenclature, as amended; 
Regulation No. 14/98/CM/UEMOA determinin g the modalities whereby WAEMU Member States are authorized to take 
safeguard measures; 
Regulation No. 3/99/CM/UEMOA adopting the Degressive Protection Tax (TDP) mech anism within WAEMU, as amended; 
Regulation No. 4/99/CM/UEMOA establishi ng a system of reference values; 
Regulation No. 5/99/CM/UEMOA on the customs value of goods; 
Additional Act No. 6/99 establishing an in tra-WAEMU financial compensation system; 
Regulation No. 4/2001/CM/UEMOA determining th e procedure applicable to inputs taxed more heavily than certain finished 
products; 
Directive No.  6/2001/CM/UEMOA ha rmonizing the intra-WAEMU taxation of petroleum products; 
Regulation No. 9/2001/CM/UEMOA adopting the WAEMU Cust oms Code and its Annex (Book I:  Organizational 
framework, procedures and customs regimes); 
Directive No.  1/2002/CM/UEMOA on the transparency of financia l relations, one the one hand, between Member States and 
State-owned enterprises and, on the other, between Member States and in ternational or foreign organizations; 
Directive No.  2/2002/CM/UEMOA on cooperation between the Co mmission and the national competition structures of the 
Member States for the application or articles 88, 89 et 90 of the WAEMU treaty; 
Regulation No. 2/2002/CM/UEMOA on unfair trading practices within WAEMU; 
Regulation No. 3/2002/CM/UEMOA on the procedures applicable to restrictive practices and abuse of dominant positions 
within WAEMU; 
Regulation No. 4/2002/CM/UEMOA on State ai d within WAEMU and the modalities of application of article 88(c) of the 
treaty; 
Directive No.  6/2002/CM/UEMOA determining the common list of medicaments, pharmaceutical products, and specialized 
medical equipment and products ex empt from VAT within WAEMU; 
Regulation No. 12/2002/CM/UEMOA determining the list of exceptions to the change of tariff heading criterion in the 
WAEMU nomenclature; Regulation No. 13/2002/CM/UEMOA determini ng the constituents of the Community  value added of industrial products 
within WAEMU; 
Regulation No. 23/2002/CM/UEMOA amending the tariff and statistical nomenclat ure of the WAEMU Common External 
Tariff and its Annexes, as amended; 
Regulation No. 9/2003/CM/UEMOA on the Community Anti-Dumping Code; 
Regulation No. 4/2005/CM/UEMOA harmonizing the regulations on the importation, ma rketing, use and re-exportation of 
ozone-depleting substances and appliances containing them; 
Directive No.  4/2005/CM/UEMOA on the proce dures for granting, implementing and regul ating public service delegations in 
WAEMU; 
Directive No.  5/2005/CM/UEMOA on the cont rol and regulation of government procur ement and public service delegations 
in WAEMU; 
Directive No.  1/2006/CM/UEMOA on the harmonization of control and regulation policies in the teleco mmunications sector; 
Directive No.  2/2006/CM/UEMOA on the ha rmonization of the regimes applicable  to network operators and service 
providers; 
Directive No.  3/2006/CM/UEMOA on th e interconnection of networks a nd telecommunications services;  
Directive No.  4/2006/CM/UEMOA on the universal service and netw ork performance obligations;  
Directive No.  52006/CM/UEMOA on th e harmonization of the pricing of  telecommunications services;  
Directive No.  6/2006/CM/UEMOA organizing the general fra mework of cooperation between the national regulatory 
authorities in the field of telecommunications. 
Source:  www.uemoa.int  [15 April 2006]. WT/TPR/S/166 Trade Policy Review 
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33. WAEMU intends to equip itself with Community policies in the following areas :  
agriculture,45 energy,46 promotion of handicrafts,47 mining,48 and industry.49  With regard to the 
Union's agricultural policy (PAU), the legal framewo rk was adopted in 2001, and the programme of 
activities for 2003-05 aimed to establish an inst itutional framework, the main instruments, and 
regulatory measures for the orientation of the PAU.  The protection afforded to agricultural products 
under the CET might be increased. 
34. It has not proved possible to finalize the draf t Community Investment Code for lack of 
agreement on the question of the advantages granted for approved projects;  the revised draft will be 
resubmitted to the Member States.50  The WAEMU Mining Code, adopted in 2003, harmonizes the 
guarantees and certain aspects of the tax treatment  of mining enterprises (hydrocarbons excepted).  
The Quality Programme of the WAEMU member c ountries is aimed at enhancing the quality of 
originating products destined for external markets.51  In 2005, this programme led to the adoption of a 
common regulatory framework52 and to the emergence of subreg ional institutions for harmonizing 
accreditation, certification, standardization and metrological activities within WAEMU, under the 
aegis of the Regional Quality Coordination Committee.53 
35. With regard to the development of intra-Comm unity trade, the number of industrial products 
covered by the WAEMU preferential regime rose from 948 in May 1998 to over 2,600 at the end of 
2005.54  According to the Togolese authorities, 30 Togolese enterprises producing a total of 
158 products (defined at HS 8-digit s ubheading level) have received approval.55  The WAEMU 
Commission notes that the entry into force of the ne w rules of origin in 2003, together with the 
processing of a large proportion of the applications at  national level, seems to have encouraged an 
expansion of the number of products approved and, consequently, of intra-Community trade.56  
However, the application of the preferential regi me has led to a considerable loss of revenue, 
estimated at CFAF 164.5 billion between 1996 and end 2005, which is being addressed through a 
Community mechanism for the compensation of shor tfalls in customs receipts, financed up to 
31 December 2005 by the Community solidarity levy (PCS). 
36. It should be noted that there continue to be  various obstacles to the development of intra-
Community trade, in particular, the question of g oods in transit between coastal countries (such as 
Togo) and landlocked countries.  For example, th e Interstate Road Transit Convention adopted in 
1982 by the ECOWAS member States (among them the member States of WAEMU), which provided for the use of a single road tran sit carnet, has not been implemen ted.  WAEMU has adopted certain 
measures to make intra-Community traffic flow more freely, including the reduction of checkpoints 
on WAEMU inter-State highways
57 and the establishment of a Technical Monitoring Committee for 
                                                      
45 Additional Act No. 3/2001. 
46 Additional Act No. 4/2001. 
47 Additional Act No. 5/2001. 
48 Additional Act No. 1/2000. 
49 Additional Act No. 5/1999. 
50 WAEMU Commission (2006), "Note on the impl ementation of reforms within WAEMU Member 
States". 
51 This programme was financed by the EU and UNIDO. See "Establishmen t of an accreditation, 
standardization and quality promo tion system within WAEMU". Availa ble on line at:  http://www.izf.net/ 
[9 February 2005]. 
52 Regulation No. 1/2005/CM/UEMOA. 
53 Available at:  http://www.uemoa.int/ONUDI/Accueil.htm. 
54 Annex to Decision No. 01/99/COM/UEMOA . 
55 Free zone enterprises are evidently not eligible. 
56 WAEMU Commission (2004), p. 13. 
57 Directive No. 8/2005/CM/UEMOA and Decision No. 15/2005/CM/UEMOA. Togo WT/TPR/S/166 
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the Elimination of Non-Tariff Barriers.58  A Community programme for the construction of 
11 juxtaposed border control posts on the frontiers between member States was adopted in 2001 and appears to be being implemented.
59 
(d) Relations with the European Union (EU) 
The Cotonou ACP-EU Agreement 
37. Togo is one of the 79 ACP countries with wh ich the EU concluded the Cotonou Agreement 
that entered provisionally into force on 1 March 2000.60  The trade provisions constitute one of the 
mechanisms for cooperation between the ACP coun tries and the EU.  The latter grants duty-free 
admission to industrial products and processed agri cultural products originating in 78 ACP countries 
(excluding South Africa) on a non-reciprocal basis. 
38. The Members of the WTO have granted the EU a derogation from its obligations under 
Article I:1 of the GATT 1994 (on MFN treatment) for the period extending from 1 March 2000 to 
31 December 2007, the date on which new trading a rrangements consistent with WTO rules must be 
concluded between the two parties.61  In accordance with the Coton ou Agreement, these arrangements 
will take the form of an EPA between th e EU and various ACP regional groupings. 
39. The EU initiated the EPA negotiation process on 27 September 2002:  the first phase involved 
all the ACP countries and the EU and concerned horizont al issues of interest to all the parties;  the 
second phase began with the start of negotiations w ith the Central African Economic and Monetary 
Community (CAEMC) on 4 October 2003, and with the West African countries, represented by 
ECOWAS, in collaboration with WAEMU, on 6 October 2003.62  The ECOWAS trade ministers 
adopted their road map for these negotiations on 4 August 2004.  This provides, among other things, 
for the establishment of a WTO-consistent free trade area between ECOWAS and the EU, over a 12-year period starting from January 2008.
63 
The "Everything but Arms" initiative 
40. The EU's Generalised System of Preferences (GSP) incorporates the "Everything but Arms" 
initiative,64 under which the EU grants duty-free access, with no quantitative restrictions, to products 
(except for arms and ammunition) originating in  least developed countries such as Togo.  These 
market access opportunities have existed since 2001,  with temporary exceptions for bananas (until 
end 2005), rice and sugar (until end 2009).65. 
                                                      
58 Decision No. 16/2005/CM/UEMOA. 
59 Decision No. 8/2001/CM/UEMOA. The work on the frontier between Burkina Faso and Togo at 
Cinkansé will be completed  in the course of  20 06, according to the WAEMU Commission (2006), "Note on 
the implementation of reforms w ithin WAEMU Member States". 
60 This agreement was signed on 23 June 2000 at Cotonou, in Benin, and entered finally into force on 
1 April 2003 after ratification.  The Agreement repl aced the Lomé Convention, in  effect since 1975, whose 
fourth extension expired at the end of  February 2000. 
61 WTO document WT/MIN(01)/15 of 14 November 2001.  The derogation (WT/L/186), which 
extended the derogation under Article I (MFN) of th e GATT for the Fourth Lomé Convention between the 
ACP countries and the EEC (GATT document GATT L/7604), ended on 29 February 2000. 
62 Press release by the Trade DG of the Eu ropean Commission, dated 3 October 2003. 
63 ECOWAS Executive Secretariat, press release No. 61 of 4 August 2004. 
64 WTO document WT/COMTD/57 of 29 March 2006. 
65 For further details, see Chapter II of WTO document WT/TPR/S/119 of 30 June 2003. WT/TPR/S/166 Trade Policy Review 
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(e) Other agreements and arrangements 
41. Many countries extend preferential tariff treatme nt to goods originating in Togo.  The main 
programme is the Global System of Trade Prefer ences (GSTP), within which numerous countries 
offer more extensive and more substantial preferences for imports originating in LDCs66;  Togo is not 
eligible for the programme introduced by the United States in 2000 under the Africa Growth and 
Opportunity Act (AGOA).67  
42. Togo has signed bilateral trade agreements w ith 12 African countries, 4 Asian countries and 
8 European countries.  None of these agreements, mo st of which date back to the years 1960-70, has 
been denounced.  Some have lapsed because of r ecent geopolitical developments (for example, the 
disappearance of the German Democratic Republic and the USSR). 
(4) INVESTMENT  
(i) Investment Code 
43. Togo's Investment Code has been in abeyance since its adoption in 1989.68  According to the 
Togolese authorities, a preliminary draft new national investment code was drawn up in 2005-06.  The 
new code will cover the production of goods, services being excluded.  In particular, it will concern 
enterprises that process natural resources, craft industry enterprises and subcontracting enterprises, 
together with industrial maintenance and agricu ltural product packagin g enterprises.  The tax 
advantages for approved enterprises include exempti on from the customs duties applicable to capital 
equipment imports (VAT must still be paid), a re duction in payroll tax, and exemption from business 
profits tax (BIC) or corporation tax (IS) for a period determined by the areas in which the enterprises 
are located, which fall into three categories. 
(ii) Free zones 
44. Togo's export processing free zone regulations ha ve not changed since its first review in 
1999.69  The purpose of this legislation is to prom ote the development of export-oriented industrial 
activities. 
45. The Society for the Administration of the Free Zones (SAZOF) can grant free zone status to 
any physically demarcated, fenced and isolated  zone, as well as to any exporting enterprise duly 
registered in Togo (free point) or any free zone pr omotion enterprise.  The three main conditions for 
eligibility for free zone status are:  being enga ged in the production of goods or the provision of 
services in one of the allowed categories70; guaranteeing to export at least 80 per cent of production 
(in CFA francs);  and reserving the permanent jobs, as a matter of priority, for Togolese.  Enterprises 
operating under this regime enjoy better terms of co mpetition, in particular thanks to tax concessions 
                                                      
66 WTO document WT/COMTD/LDC/W/38 of 22 February 2006. 
67 USTR (2005). 
68 Law No. 89-22 of 31 October 1989. 
69 Law No. 89-14 of 18 September 1989 and Decree No. 90-40 of 4 April 1990. 
70 Very labour-intensive enterprises;  advanced-technology enterprises;  enterprises  using local raw 
materials;  exporting enterprises practising internatio nal subcontracting;  enterprises making inputs for the 
enterprises mentioned above;  export -oriented service enterprises (in par ticular, insurance companies, banks, 
industrial maintenance enterprises, support services, shipping agency services) or those whose activities 
complement or facilitate those of exporting enterprise s.  International trade and brokerage companies and 
storage (except where the storage forms an integral pa rt of the industrial activ ity), packing and packaging 
enterprises are excluded fr om the free zone regime. Togo WT/TPR/S/166 
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and rebates on the cost of inputs and transport,71 as well as the usual guarantees for promoters. 
46. Project promoters can submit their applications for approval to the Permanent Exporting 
Enterprises Committee.72  If its decision is favourable, the Committee passes the file on to the minister 
responsible for the free zones for the issue of an exporting enterprise certificate.  This certificate is 
initially provisional and then confirmed a few weeks later. 
47. According to the data provided by the Togolese authorities (Table II.2), 229 approvals were 
granted between 1990 and end 2004; out of this total 63 projects are active, 34 are in process of being 
set up, 53 companies have been provisionally or permanently closed down, and 79 approved projects 
were not implemented and are de emed to have been abandoned.  More than 90% of free zone 
enterprises  are located in and around Lomé.   
48. Sales on the domestic market exceed the th reshold of 20 per cent established by the 
regulations.  In principle, these overshoots are aut horized in the event of shortages at domestic 
production level (fertilizers, agricultural equipmen t, pharmaceutical products), or to meet input 
requirements (raw materials or other inputs for do mestic industry).  These sales are subject to the 
obtaining of an authorization, by joint order of the Finance Minister and the Minister responsible for 
SAZOF.  In addition to the ordinary customs du ties and taxes levied on these products when cleared 
for home use, an additional adjustment is made  to the charges to prevent excessively unfair 
competition with the products of domestic compan ies established within Togolese customs territory.73 
Table II.2 
Free zone statistics, 1999-2004 
 1999 2000 2001 2002 2003 2004 
Approvals (cumulative) 157 169 181 196 213 229 
Companies active (cumulative) 41 45 48 54 57 63 
Number of jobs created for Togolese (cumulative) 6 623 6 974 7 382 7 652 8 811 9 228 
Financial data (millions of CFA francs):       
Annual wage bill 2 300 2 278 2 625 3 137 3 797 3 790 
Investment (cumulative) 32 864 43 951 44 215 59 669 72 262 83 801 
Annual imports  18 249 21 611 20 680 34 908 49 024 55 510 
Annual local purchases .. 9 012 10 778 15 452 15 783 13 248 
Total annual turnover 45 830 56 443 72 332 80 318 108 249 118 909 
- Sales for export (per cent) 77 89 87 91 76 82 
 Table II.2 (cont'd) 
                                                      
71 The main tax advantages granted to exporting enterprises are:  exemption from corporation tax 
during the first ten years of operation and stabilization of the rate at 15 per cent (commercial and industrial 
enterprises are subject to corporation tax at 40 and 37 per cent, respectively, without a grace period);  
stabilization of the payroll tax at 2 per cent during the lif e of the enterprise (Togolese enterprises are subject to 
7 per cent payroll tax), it being noted that the social security contribution amounts to 16.5 per cent of the 
employee's salary;  exemption from all import duties and taxes on raw materials, plant and equipment, and a 
50 per cent reduction on the duties and taxes on utility vehicles;  exemption from dividends tax for foreign 
shareholders during the first ten years of operation.  The advantages relating to input and transport costs consist 
of preferential tariffs for telephone services , water, electricity, rent and port fees. 
72 The approval form costs 25,000 CF A francs.  The file must indicate the nature of th e project and the 
identity of the promoters and include a project description;  the export programme for the first three years, 
with sales destinations;  a commercial justification of the project;  the raw materials by origin for the first three 
years;  the impact on the environm ent;  the plant and equipment;  an estimate of the working capital 
requirements;  the numbers and salaries of Togolese and foreign employees;  a project financing plan;  a 
forecast of the operating accounts for the first th ree years;  and the lo cation of the company. 
73 Article 64 of Decree No. 90-40 of 4 April 1990. WT/TPR/S/166 Trade Policy Review 
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 1999 2000 2001 2002 2003 2004 
- Sales on the domestic market (per cent) 23 11 13 9 24 18 
.. Not available. 
Source:  SAZOF. 
49. Togo allows all foreign investors to repatria te investment capital and profits, as well as 
savings on salaries made by their e xpatriate employees, in accordance with the regulations in force 
(Chapter I (1)). 
(iii) Investment treaties and agreements 
50. Togo has concluded several bilateral investment agreements.74  It is a member of the Treaty 
establishing the Multilateral Investment Guaran tee Agency (MIGA).  The Cotonou Agreement 
between the ACP and the EU lays down principles fo r the protection of European investments in the 
ACP countries (Articles 260, 261 and 262). 
                                                      
74 Namely, the agreements with Germany (signed 1961, ratified 1964);  Switzerland (signed 1964, 
ratified 1966); and Tunisia (signed 1987). Togo WT/TPR/S/166 
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ANNEX II.1:  TRADE-RELATED TECHNICAL ASSISTANCE 
1. The period since Togo's first TPR has been ma rked by the persistence of the socio-political 
crisis and the virtual suspension of international intervention, including aid, on its behalf.  The 
resolution of the crisis remains a necessary c ondition for the resumption of the multilateral and 
bilateral cooperation that would enable Togo to access the full range of trade-related technical 
assistance that it needs. 
2. In particular, Togo was not one of the 12 c ountries to participate in the process begun under 
the Integrated Framework (IF) as initially conceived in 1997,1 and is still not participating in the 
redefined IF.2  Nor did Togo participate in JITAP I (Joint Integrated Technical Assistance 
Programme), and it is not participating in JITAP II.3  The Togolese authorities have indicated a desire 
to have access to these initiatives.4 
3. However, Togo has benefited from numer ous actions undertaken by the WTO and the 
UN agencies (UNDP, UNCTAD, FAO, etc.) to support the development of its international trade.  
Among these actions by the WTO the following deserve special mention:  the participation of Togolese officials in 98 seminars, workshops, courses, missions and other WTO activities between 
the first TPR in 1999 and 2005;  the participation of Togolese officials in the trade policy courses 
organized by the WTO;  and the workshop held at  Lomé on 17 November 2004 in connection with the 
launch of Togo's trade policy review process.  At su pport infrastructure level, a reference centre was 
installed and updated in 2004.  This centre has been set up on the premises of the Ministry of Commerce;  it is operational and it is  understood that it will be used by the officials of that Ministry. 
4. Togo's current needs for trade-related techni cal assistance encompass a number of different 
areas, namely: the implementation of trade-related ag reements;  participation in the regular activities 
of the WTO and the strengthening of Togo's capacity to participate in trade negotiations;  trade policy 
formulation;  supply-side constraints; and the integration of trade and development policies. 
(1) I
MPLEMENTATION OF AGREEMENTS , TRAINING AND POLICY FORMULATION  
5. The implementation issues of most concern to  Togo are those relating to customs valuation, 
sanitary and phytosanitary measures (SPS), technica l barriers to trade (TBT), and copyright and 
related rights.  Togo's technical assistance needs also include the harmonization of its laws and 
regulations with WTO rules and  principles;  notif ications;  staff training and institutional capacity 
building;  and/or the formulation of policies th at make it possible to enhance the benefits and 
minimize the potential costs associated with  the application of the agreements. 
6. With regard to publication, it seems that the Official Journal of Togo is not to be published 
regularly because of financial difficulties encounter ed by the State-owned enterprise that would 
normally be responsible, EDITOGO (Chapter II (1)).  These difficulties will presumably lead to lapses in the publication of government acts relating to trade. 
                                                     
 
1WTO document WT/LDC/HL/12 of 16 October 1997. 
2 http://www.integratedframework.org. 
3 http://www.jitap.org/. 
4 To benefit from the Revised Integrated Framework, countries must meet certain requirements, such 
as:  (i) a strong commitment by the government to integrate trade into its national development strategy and its Poverty Reduction Strategy Paper (PRSP);  (ii) be at least in the preparatory stage of the PRSP;  (iii) be at least 
in the preparatory stage of upcoming meetings of the World Bank Consultative Group or UNDP Round Table;  
and (iv) have a conducive operational country environmen t (for example, level of infrastructure, resource base 
of the World Bank/IMF and UNDP country offices, don or response, and the pace of domestic reform). WT/TPR/S/166 Trade Policy Review 
Page 24 
 
 
7. In the area of customs valuation, Togo has notified the WTO of the delayed application of the 
relevant WTO Agreement.5  However, Togo is still experiencing difficulties in applying this 
Agreement correctly.  It appears that there is to be  a request for technical assistance with the provision 
of training for Ministry of Commerce officials and Togolese customs staff in this particular field. 
8. Where sanitary and phytosanitary (SPS) measures are concerned, Togo would like some 
capacity-building in order to bring its national regi me into line with the obligations of WTO Members 
in this respect.  Together with the other WA EMU member countries, Togo is aiming to organize a 
quality control system in order to improve access to regional and international markets for its exports, 
as well as a common framework for standardization and related activities.  This project, which is still 
in its early stages, could be reinforced by tec hnical assistance, at WAEMU country level, with the 
integration of the new system into the correspondi ng WTO mechanisms, particularly the notification 
of mandatory standards. 
9. Concerning copyright and related rights, T ogo has still not harmonize d its national regime 
with the relevant provisions of the TRIPS Agreemen t.  The capacities of those involved in developing 
the investment code project may need to be strengthened to ensure compliance with national 
obligations under the WTO Agreement on Trade-Related Investment Measures. 
10. Togo is actively participating in WTO minist erial meetings but the lack of a mission in 
Geneva is an obstacle to its regular involvemen t in WTO activities and the negotiations taking place 
in Geneva within the framework of the DDA.  It a ppears that Togo intends to establish such a mission 
and to profit from the relevant facilities accorded to LDCs by the Swiss authorities.  Moreover, the 
Togolese authorities are aware of  the importance of establishing an interministerial committee to 
coordinate WTO activities at nationa l level and ensure the applicati on of the agreements.  Once set 
up, this committee would have a pressing need  for training for committee members drawn from 
ministries not usually involved in trade policy issu es, in particular with a view to ensuring the 
consistency of measures taken in different sectors of  the economy.  It would also be desirable to 
extend access to the WTO reference centre to the members of this committee and provide the 
technical assistance necessary to facilitate its use. 
(2) S UPPLY -SIDE CONSTRAINTS  
11. Supply-side constraints are among the main f actors limiting the expansion of Togo's external 
trade, considering that the country has an existing port infrastructure that would enable it to trade 
easily with foreign markets.  Trade in general, a nd in particular Togo's transit and transborder trade 
with neighbouring landlocked c ountries, would be facilitated if  the road and rail transport 
infrastructure could be improved and extended. 
12. Primary product processing activities remain  embryonic.  The high level of effective 
protection afforded by the WAEMU CET (Chapter III (2)(iv)(a)) and the high cost of inputs, particularly electricity, water, and fixed tel ecommunications, together with the difficulties in 
accessing them, tend to discourage these activities;  free zone enterprises are less severely affected by 
these constraints.  The financing of business ac tivities by the banking system remains focused on 
import-export, and the system does not seem suffi ciently robust to provide support for small and 
medium-sized enterprises considering investing (risk) capital long-term.  The extension of micro-
finance among the rural community would also s upport the development of the market economy and 
make it possible to progress beyond the self-su fficiency stage of agricultural activity. 
                                                     
 
5 WTO document WT/LET/ 19, 18 Ap ril 1995. Togo WT/TPR/S/166 
 Page 25 
 
 
13. Certain infrastructure-related issues have b een incorporated in the programme of State 
withdrawal from economic activity (Chapter III (4)(iv )), namely, the privatization of the management 
of the national electricity company, the Electric Power Company of Togo (CEET), and the launch of the private West African Gas Pipeline Company Lim ited (WAPCo) project (Chapter IV (3)(iii));  the 
extension of the railway network;  and the constructi on of a dry port to facilitate the transit trade with 
neighbouring landlocked countries. 
(3) I
NTEGRATION OF TRADE IN DEVELOPMENT STRATEGIES  
14. With a view to normalizing relations with  donors, in June 2004, the Togolese authorities 
adopted the interim version of the Poverty Reduction Strategy Paper (PRSP).  In the area of external 
trade, the PRSP lays down the objective of expanding  and diversifying Togo's exports with a view to 
improving its trade balance, but does not define  a precise strategy for achieving this goal.6  Taking the 
main conclusions of this report on Togo's TPR into account in finalizing the PRSP should make it 
possible to integrate trade concerns more effectively into the development strategy in general.  This 
should facilitate the mobilization of the resources ne cessary to implement these various strategies at 
national level, and in particular the support of the international community. 
                                                      
6 Government of Togo (2004), "Interim Poverty Reduction Strategy Paper (IPRSP)".  Available at:  
http://www.pnud.tg [3 January 2005].