WT/TPR/S/183/Rev.1 Trade Policy Review 
Page 26 
 
 
III. TRADE POLICIES AND PRACTICES BY MEASURE 
(1) INTRODUCTION  
1. In general, the Central African Republic appli es the decisions of the Economic and Monetary 
Community of Central Africa (CEMAC) on customs matters.  With a few exceptions, its customs 
tariffs are based on the common external tariff (CET) of the CEMAC, all of which are ad valorem ;  
the simple average is 18.2 per cent.  The Central A frican Republic's bindings cover 62.3 per cent of its 
tariff lines.  The level applicable to bicycles, how ever, exceeds the bound level.  "Other import duties 
and taxes" have been bound at zero or 16 per cent depending on the category of product.  There is a 
problem of consistency with regard  to products to which "other duties and taxes" apply when their 
bound rate is zero.  The application of domestic ta xes (VAT and, where applicable, excise duty) by 
the Central African Republic seems to raise some problems regarding observance of the principle of 
national treatment. 
2. Imports whose value is at least CFAF 500,000 ar e generally subject to the import verification 
programme (PVI), under which the company BI VAC has been given the responsibility for 
preshipment inspection, whose cost must be paid by  the importer (1 per cent of the c.i.f. value plus 
VAT on the inspection fees).  For the 17 categories of products most commonly imported from 
countries in the subregion, the Central African Re public uses reference values (and also applies price 
controls on the domestic market), which highlights, inter alia , some of the difficulties it encounters in 
implementing the WTO Customs Valuation Agreement.   There is a monopoly of imports of refined 
sugar, in principle, until 2008, and coffee may only be imported after domestic production has been 
sold.  The Central African Republic does not have  any legislation on contingency measures and has 
never imposed any. 
3. There is an administrative price control regi me for petroleum products, water and electric 
power.  The Central African Republic has notified the WTO of a number of sanitary and phytosanitary measures (for example,  to combat avian influenza).  It has no regulatory framework on 
standardization and no comprehensive competition po licy.  Duties and taxes are levied on exports of 
gold, diamonds, wood, cattle and live wild animals.  The Central African Republic participates in the 
Kimberley Process for trade in rough diamonds. 
4. The Central African industrial property regime has been harmonized with the provisions in 
the WTO TRIPS Agreement following the 2004 ratifi cation of the revised Bangui Agreement (1999);  
nevertheless, the copyright and related rights re gime has not been updated and the authorities are 
facing problems in combating piracy and counterfe iting.  The government procurement regime is 
being revised in order to bring it into line with the relevant international regulations.  The State still has a monopoly of water, electric power, some tran sport services, postal services and basic fixed 
telecommunications services.  Since the return of  political stability in 2003, the Central African 
Republic has resumed its privatization programme. 
(2) M
EASURES DIRECTLY AFFECTING IMPORTS  
(i) Registration 
5. In the Central African Republic, approval of the Ministry responsible for trade1 is required in 
order to exercise the profession of trader, together with a professional trader's card.2  T o  o b t a i n  
approval, an application accompanied by supporting documentation must be submitted;  in the case of 
                                                      
1 Ordinance No. 83.083  of 31 December 1983. 
2 Decree No. 83.550 of 31 December 1983. Central African Republic WT/TPR/S/183/Rev.1 
 Page 27 
 
 
natural persons, approval c onsists of a simple authorization and for commercial companies it is in the 
form of a ministerial order.  Traders must be listed in the commercial register.  No distinction is made between nationals and foreigners. 
6. In order to obtain a trader's card, an appli cation must be made to the Internal Trade 
Department of the Ministry responsible for trade,  accompanied by supporting documentation such as 
approval by the Ministry and the entry in the comme rcial register.  Card-holders must pay the stamp 
duty
3, as well as the business licence fee.4  Trader's cards and business licences are granted on an 
annual basis and are renewable.  It is not permitted to engage in wholesale and retail trade in the same 
premises5, nor may the same enterprise engage simultane ously in production, import and trade in the 
same premises.6 
(ii) Customs procedures 
7. Like the other CEMAC member countries, since 2001 the Central African Republic has 
applied the CEMAC Customs Code to the import, export and re-export of goods.7  The Code 
comprises the following suspensive customs regimes:  transit;  temporary admission;  in-bond warehousing (the customs authorities may, excepti onally, allow Central African economic operators 
to benefit from this regime).  The suspensive pro cessing or economic regimes are:  inward processing;  
outward processing;  and drawback.  The other customs regimes are:  import or clearance for home consumption;  export;  and re-expor t.  The Code is administered by the customs authorities in each 
member country.  Customs clearance procedures are carried out either by the owners of the goods in 
the case of goods imported for personal purposes or , compulsorily, by CEMAC-approved customs 
agents in the case of commercial imports.
8 
8. The provisions of the WTO Customs Valuation Agreement are reproduced as they stand in 
the CEMAC Customs Code and are therefore in prin ciple applicable in the Central African Republic.9  
The Central African authorities have, however, drawn up a list of reference values for 17 categories of 
goods frequently imported from countries in the subregi on:  matches;  frozen fish;  milk;  flour;  
sugar;  cement;  unrefined palm oil;  used clothing;   cigarettes;  rice;  A1 Jet fuel;  Avgas;  second-
hand vehicles;  building materials;  aerated  beverages;  beer;  and electric batteries.10  They have also 
drawn up a list of reference values for 138 categor ies of products commonly imported without any 
invoice from countries in the subregion.11  In practice, any value declared that is lower than the 
corresponding indicative value is deemed to have been undervalued and is automatically adjusted, 
which raises some problems for implementation of the WTO Customs Valuation Agreement. 
                                                      
3 Interministerial Order No. 008/MCIACPSP/MFB 0f 13  April 2003.  The stamp duty to be paid by the 
trader is determined according to turnover. 
4 Article 196 of the General Taxation Code, January 2006 edition, supplemented by Article 17 of 
Law No. 05.015 of 31 December 2005.  Any importer en gaged in professional activities who is not registered 
and not in possession of a business licence must pay in advance the provisional import-export business licence 
fee at the "one-stop" window (Circular No te No. 170/MFB/CAB/DGID/DGAID/DELFSC of 
21 February 2006). 
5 Ordinance No. 83.083  of 31 December 1983. 
6 Article 6 of Law No. 92.002 of 26 May 1992. 
7 Regulation No. 5/01-UDEAC-097-CM-06. 
8 Article 112 of the CEMAC Customs Code. 
9 Title 1, Chapter IV, Section 4.  The Central African Republic benefited from the transitional 
provisions in the WTO Customs Agreement from 1995 onwards for a period of five years (WTO document 
WT/Let/19 of 15 June 1995). 
10 Article 51 of the 2007 Finance Law. 
11 Order No. 192/MFB/CAB/SG/DGDDI of 23 September 2002. WT/TPR/S/183/Rev.1 Trade Policy Review 
Page 28 
 
 
9. All imports/exports must be declared.12  Since 1996, there has been an import verification 
programme (PVI), for which the BIVAC has been responsible since 2003.  The contract with the 
BIVAC was renewed for three years in June 2006, with a few amendments.13  Under the PVI, with a 
few exceptions14 all imports of a value of CFAF 500,000 or more are subject to preshipment 
inspection.15  Importers must provide the BIVAC Bureau Veritas with the following documents:  the 
commercial import declaration (DIC);  a copy of th e bank receipt showing registration of the import;  
and a copy of the corresponding pro forma invoice.  Five days must be allowed for preshipment 
inspection. 
10. After the inspection, the exporter must provide the final invoice, the packing list, the transport 
document and, where applicable, the certificate of origin, the conformity certificate and the 
phytosanitary or sanitary certificate so that the BIVAC may issue the verification certificate.  The 
latter certificate, the final invoice and the custom s declaration are required for customs clearance of 
the goods.  The importer is responsible for paying the fees, which amount to 1 per cent of the 
f.o.b. value (0.9 per cent up to 17 June 2006), with a minimum of CFAF 140,000 for DIC presented for inspection
16, and CFAF 20,000 (payable to the authorities) for other DIC;  the importer must also 
pay 19 per cent VAT on the fee. 
11. As a land-locked country, the Central African  Republic has no direct access to the sea.17  
Consequently, 80 per cent of the goods going to Bangui  arrive in the port of Douala in Cameroon and 
are transported the 1,500 kilometres between Douala  and Bangui;  other goods go through the port of 
Pointe-Noire in the Republic of the Congo.  According to an audit carried out by the non-
governmental organization Transparency International  and financed and disseminated by the UNDP 
in early 2006, households and econom ic operators perceive a problem of corruption within the Central 
African administration, particularly customs, and co nsider that officials become corrupt because of 
the numerous arrears in their wages.  Economic operators estimate that some 70 per cent of the imports along the Douala-Bangui corridor are smuggled goods.
18  Aware of the malfunctioning of the 
customs administration, the Central African authorities reorganized it in 2007. 
12. Since 2001, the external offices of the Central African customs in the ports of Douala in 
Cameroon and Pointe-Noire in the Congo have been responsible for monitoring transit operations to 
and from the Central African Republic.  They are responsible for issuing transit documents and 
                                                      
12 Decree No. 86.328 of 20 November 1986. 
13 Interministerial Order No. 038/MFB/MCIPME of 17 June 2006. 
14 The following are exempt from BIVAC inspection:  pr ecious stones;  precious metals;  works of art;  
ammunition and arms other than those for hunting and/or sports purposes, similar materials and equipment 
imported by the army itself for its own use;  live animals;  printed and developed cinematographic films;  regularly published newspapers and periodicals;  and parcels. 
15 Inspection relates to the following:  the quality and volume of the goods;  verification of the price in 
order to provide an opinion on the customs value in  accordance with th e Agreement on Implementation of 
Article VII of the General Agreement on Tariffs and Trade 1994 (WTO Customs Valuation Agreement) and on 
the export price generally applied in the supplying country;  the tariff classification;  the sealing of containers;  
import eligibility;  and specific aspect s (for example, the control of pha rmaceuticals must cover the date of 
manufacture and the use-by date). 
16 At a rate of 1 per cent, the minimum fee (flat rate ) of CFAF 140,000 has to be paid on imports that 
amount in principle to CFAF 14 million (a relatively high  amount for individual imports into the Central African 
Republic).  Put another way, the value of imports subject to inspection is, in practice, to a large extent less than 
this amount and therefore the fee to which they are subj ect exceeds 1 per cent;  the maximum rate is 28 per cent 
(corresponding to a flat rate of CFAF 140,000 for imports amounting to CFAF 500,000). 
17 Document UNCTAD/LDC2003/7 of 7 April 2003. 
18 IDC report, cited in the document of the Ministry of the Economy, Finance, Planning and 
International Cooperation (2005), page 49. Central African Republic WT/TPR/S/183/Rev.1 
 Page 29 
 
 
collecting the corresponding charges (CFAF 53,000 per transit document).  Since 2005, under the 
administrative assistance agreement between th e Cameroonian and Central African customs 
authorities, signed on 28 April 2005, the Central African authorities have set up a "one-stop" window 
in the port of Douala for transit to or from the Cent ral African Republic in order to carry out the initial 
customs formalities for goods;  there are also othe r controls at checkpoints set up along the road 
corridor before the containers are finally cleared at the Bangui road terminal. 
13. Since 2005 and for a period of five years, the company UNITEC-BENIN has been 
responsible for the initial customs formalities at th e "one-stop" window for transit in Douala and 
along the corridor with the Republic of the Congo.  This company carries out the following customs 
procedures:  prepayment of duties and taxes on goods when they arrive in the port of unloading, as 
well as those on second-hand vehicles;  collecti on of an advance (flat-rate minimum tax) on 
corporation tax (IS) or personal income tax (IR),  unless the names of the companies or persons 
concerned appear on a list of taxpayers that meet their tax obligations;  collection of port fees, for 
example, those on vehicles, goods in containers, bu lk goods, phytosanitary control, and the cargo 
monitoring slip.  UNITEC-BENIN is remunerated ac cording to its performance in increasing revenue 
on behalf of the State.19 
14. Customs procedures have been computerized  in Bangui but not in the other offices.20  The 
average time taken is 48 hours as of the submission of the documentation in full, but perishable goods 
may be removed immediately provided that the custom s declaration is submitted within 11 days.  If 
there is any dispute, the customs administration releases the goods against payment of the amount of 
duties and taxes it has determined. 
(iii) Rules of origin 
15. The Central African Republic does not have any national rules of origin for non-preferential 
purposes.  Nevertheless, as a member of the CEMA C customs union, in principle it also applies the 
Community rules of origin for non-preferential purposes (Chapter II(3)(d)).21 
(iv) Customs levies 
(a) Customs tariff and other duties and taxes 
16. Goods imported into the Central African Re public under the clearance for home use regime 
are subject to several import duties and taxes.22  The taxable base is the c.i.f.  value at the first point of 
entry into the territory of the CEMAC and does not include transport costs within the Community.  In 
2005, customs revenue amounted to some CFAF 24.6 billion, of which 86 per cent derived from 
various import duties and taxes and the rest from taxes on exports.  Some 21 per cent of customs 
revenue came from petroleum products (duty, VA T, single tax on petroleum products (TUPP)).  
                                                      
19 The company's remuneration is as follows:  (a) 20  per cent on revenue derived from payments on 
second-hand vehicles (CFAF 50,000), on goods in transit (CFAF 15,000 per container or CFAF 600 per bulk 
tonne), or for phytosanitary control (CFAF 500);  (b) 20 per cent on the increase in customs revenue in 
comparison with the average earned ov er the 2003, 2004 and 2005 financial years for the corridors with 
Cameroon and the Republic of the Congo;  and (c) 5 per cent on revenue derived from IS/IR payments at the 
"one-stop" window for transit to or from the Central Afri can Republic (around 10 per cent of the c.i.f. value of 
the imports). 
20 Viewed at:  http://www.cf.undp.org/corruption-art.htm. 
21 Article 22 of the CEMAC Customs Code. 
22 The import duties and taxes applicable in the Central African Republic have not been communicated 
to the IDB (WTO document G/MA/IDB/2/Rev.23 of 27 March 2006). WT/TPR/S/183/Rev.1 Trade Policy Review 
Page 30 
 
 
During the first nine months of 2006, customs revenue accounted for 65 per cent of tax revenue 
(excluding grants). 
MFN tariff applied 
 17. The version of the CEMAC's CET applied by the Central African Republic comprises 
5,663 eight digit lines of the 2002 version of the Harmonized Commodity Description and Coding 
System (HS) (Table AIII.1).  Like the CEMAC's CET, all the rates are ad valorem  and depend on the 
category of product: basic commodities (5 per cent);  raw materials and cap ital goods (10 per cent);  
intermediate and other goods (20 per cent);  and final consumer goods (30 per cent).  The zero rate 
applies to 32 tariff lines relating to cultural produc ts covered by the Florence Agreement adopted by 
UNESCO.
23  The Central African Republic also applies a zero rate to cement (HS 25.23) and to new 
transport vehicles (HS 87.01, 87.04 and 87.16),  contrary to the CET rate on these products. 
18. The simple arithmetic average of the rates app lied was 18.2 per cent in 2006 (Table III.1).  
Agricultural products (WTO definition) are subject to heavier taxation (simple average 22.7 per cent) 
than non-agricultural products (avera ge of 17.6 per cent).  According to the ISIC (Rev. 2) definition, 
agriculture remains the most highly protected sector (with an average tariff of 23.2 per cent), followed 
by manufacturing (18.1 per cent) and mining (11. 4 per cent).  Agricultural products account for a 
large share of consumers' expenditure, especially those on low incomes, and the heavy taxation adds 
to their costs. 
Table III.1 
MFN applied tariff structure, 2006 
    2006 Uruguay Rounda 
1 Tariff lines bound (as a percentage of all tariff lines) 62.2 62.2 
2 Tariff lines eligible for duty-free en try (as a percentage of all tariff 
lines) 1.1 0.0 
3 Duties other than ad valorem (as a percentage of all tariff lines) 0.0 0.0 
4 Tariff quotas (as a percentage of all tariff lines) 0.0 0.0 
5 Duties other than ad valorem  without any AVE (as a percentage of 
all tariff lines) 0.0 0.0 
6 Simple average rate 18.2 35.9 
  Agricultural products (WTO definition)a 22.7 30.0 
  Non-agricultural products (WTO definition)b 17.5 37.8 
  Agriculture, hunting and forestry (ISIC 1) 23.2 30.0 
  Mining and quarrying (ISIC 2) 11.4 29.9 
  Manufacturing (ISIC 3) 18.0 36.7 
7 National tariff peaks (as a percentage of all tariff lines)c 0.0 0.0 
8 International tariff peaks (as a percentage of all tariff lines)d 49.3 100.0 
9 Overall standard deviati on of rates applied 9.7 8.9 
 10 Nuisance duties (as a percentage of all tariff lines)e 0.0 0.0 
a WTO Agreement on Agriculture. 
b Excluding petroleum. 
c National tariff peaks are duties that are higher than three times the simple averag e of all the rates applied (indicator 6). 
d International tariff peaks are duties that exceed 15 per cent. 
e Nuisance rates are those of over 0 per cent but not exceeding 2 per cent. 
 
Note: Indicator 1 is based on all the tariff lines (in-quota and out-of-quota lines);  the other indicators exclude in-quota li nes.  Indicators 
6 to 10 are calculated on the basis of lines for which an ad valorem  rate could not be taken into account. 
 
Source : WTO Secretariat calculations based on data provided  by the Central African authorities and the CEMAC. 
                                                      
23 Act No. 28/94-UDEAC-556-CD-56. Central African Republic WT/TPR/S/183/Rev.1 
 Page 31 
 
 
19. The coefficient of variation of 0.5 indicates mode rate dispersion of tariff rates (Chart III.1).  
Overall, the tariff shows mixed escalation, negative for raw materials (because of the relatively high 
degree of protection afforded to agricultural products ), with an average level of protection of 19.5 per 
cent for semi-finished goods (average level of protec tion of 14.7 per cent), and then positive with an 
average tariff of 20.2 per cent on finished produc ts (Table III.2).  A more detailed breakdown, 
however, reveals positive escalation in most industries,  with the exception of food products (including 
beverages and tobacco), wood and articles of wood, and non-metallic minera l products (Chart III.2). 
(1,1)(4,6)(45,0)
(12,7)(36,6)
050010001500200025003000
Duty free 5 10 20 300102030405060708090100
The figures within brackets correspond to the percentage of total lines.
WTO Secretariat calculations based on data provided by the Central African authorities and the CEMAC.Chart III.1
Breakdown of MFN duties applied, 2006
Number of tariff lines
Note:
Source :Percenta ge
Number of lines
Cumulative percentage
(right-hand scale)
 
Table III.2 
Summary of MFN tariff applied, 2006 
Rate applied in 2006 
 
Description Number of 
lines Number of 
lines used Simple average 
duty 
(percentage) Range of duty 
(percentage) Standard 
variation 
(percentage) CV Imports 2005 
(US$ millions)
Total 5,663 5,663 18.3 0-30 9.6 0.5 186.4a 
By WTO categoryb             
Agricultural products 841 841 22.7 5-30 9.6 0.4 32.3 
Live animals and animal products 103 103 21.9 5-30 7.0 0.3 0.5 
Dairy products 29 29 26.6 10-30 6.1 0.2 1.3 
Coffee, tea, cocoa, sugar, etc. 202 202 26.1 5-30 8.1 0.3 21.1 
Cut flowers and plants 40 40 10.0 5-30 5.1 0.5 0.1 
Table III.2 (cont'd)WT/TPR/S/183/Rev.1 Trade Policy Review 
Page 32 
 
 
Rate applied in 2006 
 
Description Number of 
lines Number of 
lines used Simple average 
duty 
(percentage) Range of duty 
(percentage) Standard 
variation 
(percentage) CV Imports 2005 
(US$ millions)
Fruit and vegetables 173 173 29.7 5-30 2.7 0.1 0.7 
Cereals 26 26 14.6 5-30 10.2 0.7 0.6 
Oilseeds, fats and oils 73 73 20.8 5-30 10.6 0.5 2.2 
Beverages and alcohol 47 47 28.8 5-30 4.3 0.2 1.4 
Tobacco 11 11 20.9 10-30 10.4 0.5 3.1 
Other agricultural products 137 137 12.9 5-30 8.1 0.6 1.3 
Non-agricultural products (excluding 
petroleum) 4,816 4,816 17.6 0-30 9.4 0.5 121.9 
Fish and fish products 134 134 23.6 5-30 5.3 0.2 1.1 
Minerals, precious stones and metals 345 345 18.8 5-30 10.5 0.6 5.9 
Metals 626 626 16.0 5-30 7.9 0.5 8.5 
Chemicals and photographic products 900 900 11.6 5-30 6.2 0.5 13.7 
Leather, rubber, footwear and travel articles 169 169 20.8 0-30 10.1 0.5 2.3 
Wood, wood pulp, paper and furniture 353 353 21.7 0-30 10.6 0.5 51.0 
Textiles and clothing 868 868 22.6 0-30 8.6 0.4 4.7 
Transport equipment 161 161 15.1 0-30 8.9 0.6 15.9 
Non-electrical machinery 552 552 12.3 0-30 5.6 0.5 9.2 
Electrical machinery 255 255 16.7 10-30 7.8 0.5 6.2 
Non-agricultural products n.e.s. 453 453 22.8 0-30 9.6 0.4 3.3 
By ISIC sectorb        
Agriculture, hunting, forestry and 
fishing 432 432 23.2 5-30 9.8 0.4 30.1 
Mining and quarrying 109 109 11.4 5-30 5.4 0.5 0.9 
Manufacturing 5,121 5,121 18.1 0-30 9.5 0.5 154.4 
By stage of processing        
Raw materials 776 776 19.5 5-30 10.0 0.5 36.1 
Semi-finished products 1,844 1,844 14.7 0-30 7.8 0.5 43.3 
Finished products 3,043 3,043 20.2 0-30 9.9 0.5 105.9 
a The total imports exceed the su m of the sub-lines because some products, amounti ng to US$1 million, are not classified in the  
Harmonized System. 
b There are six tariff lines for petroleum produc ts that have not been taken into account. 
c International Standard Classification of All Economic Activitie s (Rev. 2).  Excluding electricity, gas and water (one tariff line). 
Note: CV = coefficient of variation. 
Source : Estimates by the WTO Secretariat based on data provided by the Central African authorities and the CEMAC;  and 
the Comtrade database of the United Nations  Statistical Division on imports in 2005.  Central African Republic WT/TPR/S/183/Rev.1 
 Page 33 
 
 
05101520253035Chart III.2
Escalation of MFN duties applied, 2006
Percentage
Not applicabl eUnprocessed
productsSemi-finishedproductsFinished products
Note:
Source : The groups of products are defined by the two-digit ISIC.
WTO Secretariat calculations based on data provided by the Central African authorities and the CEMAC.All product s
Agricultur e
Mining and quarryin g
Food products ,
beverages and tobacc o
Textiles an d
clothin g
Wood and article s
of woo d
Paper and articles o f
paper;  printing an d
publishing.
Chemicals
Non-metallic minera l
products
Basic meta l
industr y
Articles of metal ,
machinery an d
equipment
Othe r
manufacturin gNot applicabl e
 
 
Other import duties and taxes 
20. In addition to PVI-related costs for the transacti ons to which they apply (section (2)(ii)) and 
customs duty, goods cleared for home use are subjec t to several other taxes: the 1 per cent CEMAC 
Community integration tax (TCI), applicable to impor ts originating in countries outside the CEMAC;  
the 0.4 per cent Community integration contributio n (CCI) of the ECCAS, applicable to imports 
originating in countries outside the ECCAS;  the 0.05 per cent OHADA levy;  and the 0.50 per cent 
levy on computer equipment for finance (REIF). 
21. A special CFAF 7 duty is payable on each net kilogram of coffee imported during the 
authorized period (section (v)).24  In 2006, the Central African authorities also drew up a list of 
specific duties and taxes applicable to second-hand vehicles.25 
Binding of duties and taxes 
 
22. During the Uruguay Round, the Central African Republic bound 62.3 per cent of the six-digit 
tariff lines in its Customs Tariff (schedule CIV).  Resulting solely from the Uruguay Round as the 
Central African Republic had no previous specifi c tariff commitments, these bindings cover all 
agricultural products, like those of other WTO Memb ers, as well as several non-agricultural products. 
                                                      
24 Interministerial Order No. 029/MFB/MAE/MICA of 11 January 1996. 
25 Circular Note No. 010/MFB/DGDDI/DLD of 3 February 2006. WT/TPR/S/183/Rev.1 Trade Policy Review 
Page 34 
 
 
23. For agricultural products, the bindings were at the rate of 30 per cent;  for the non-agricultural 
products concerned, the bound rates range from 20 to 70 per cent.26  One tariff line, HS 871200 
(bicycles and other cycles) has a bound rate that is  lower than the rate applied (25 and 30 per cent 
respectively).  The "other duties and taxes" on products for which tariffs were bound are at the zero or 
16 per cent rate, depending on the category of good,  although they are taxable at non-zero rates. 
(b) Internal taxes27 
24. Since 1 January 2001, in accordance with CEMAC regulations28, the Central African 
Republic has applied VAT, the standard rate being 19 per cent since 2006.29  VAT is levied on goods 
for home consumption irrespective of their origin (including goods of CEMAC origin).  The taxable 
base for imports is the customs value plus cu stoms duty and excise duty where applicable (in 
accordance with CEMAC regulations),  whereas for local products it is imposed on the basis of the 
price paid by the customer.30  Some staple goods, whether imported or produced locally, are in 
principle exempt from VAT.31  Meat, fruit and vegetables produced locally are, however, exempt 
from VAT, unlike competing imports.  Exports are subject to the zero rate (section (3)(ii)). 
25. In accordance with CEMAC regulations32, the Central African Republic levies a 25 per cent 
excise duty on alcoholic beverages, cigarettes a nd tobacco, perfumes and cosmetics, and precious 
stones.33  Locally-produced non-alcoholic beverages are exempt from the 10 per cent excise duty 
imposed on imported competing products.  The ta xable base for imported products is the customs 
value plus the customs duty, whereas for local products  the basis is the price paid by the customer.34 
26. An advance on income tax (IR) or corporation ta x (IS) is also levied on all transactions in 
goods and services of a commercial nature.  This adva nce applies to imports and to transactions on the 
domestic market (with the exception of the sale of water and electricity).  Since 2007, the advance on 
imports has been 5 per cent of the customs value pl us all duties and taxes, except for VAT (and excise 
duty where applicable), and 5 per cent of th e price (including all taxes except for VAT) on 
transactions on the domestic market.35  Economic operators not subject to the IS or the IR pay the 
minimum flat-rate tax (IMF) of 3 per cent. 
                                                      
26 Consolidated Tariff Schedules (CTS) Database.  This Database was established pursuant to a 
decision taken on 27 November 1998 by the WTO Committ ee on Market Access.  It c ontains all the information 
on tariff concessions (relating to goods) in a format conve nient for purposes of anal ysis (MS Access 97), albeit 
without prejudging the legal status of those concessions.  WTO Members can amend information held under 
their names. 
27 Book II, General Taxation Code, January 2006 edition. 
28 Act No. 1/92-UDEAC-556-CD-SE1, amended by Act No. 4/94-UDEAC-556-CD-SE1 and 
Act No. 1/96 UDEAC-556-CD. 
29 2006 Finance Law. 
30 Article 253, Chapter I, Book II, General Taxation Code, January 2006 edition. 
31 Annex to Chapter I, Book II, General Taxation Code, January 2006 edition.  These goods include:  
milk and cream;  bread;  infant food;  medicines;  medi cal appliances and invalid carriages;  spectacles;  books;  
insecticides and pesticides;  and the first bracket of residential water and electricity consumption. 
32 Act No. 1/92-UDEAC-556-CD-SE1, amended by Act No. 4/94-UDEAC-556-CD-SE1 and 
Act No. 1/96 UDEAC-556-CD. 
33 Circular Note No. 010/MFB/DGDDI/DLD containing the customs programme for 2006.  Products 
liable to excise duty are listed in the Annex to Chap ter II, Book II, General Taxation Code, January 2006 
edition. 
34 Article 253, Chapter I, Book II, General Taxation Code, January 2006 edition. 
35 Section VI, Book I, General Taxation Code, January 2006 edition, as amended by the 2007 Finance 
Law. See Circular Note No. 087/MFB/DIR.CA B/DGID/DELFSC/SELFPM of 1 February 2007. Central African Republic WT/TPR/S/183/Rev.1 
 Page 35 
 
 
(c) Duty and tax preferences 
27. The Central African Republic does not gran t preferences under the CEMAC generalized 
preferential tariff (TPG) as it has obtained a waiver in  this respect (Chapter II(3)(d)).  Consequently, it 
does not currently grant pref erences to any country. 
(d) Duty and tax exemptions and concessions 
28. The Central African Republic allows suspen sion from duties and taxes for goods under the 
following procedures:  transit;  temporary admission36;  and in-bond warehousing (section (ii) above).  
It also grants exemption from customs duty to  approved enterprises under the National Investment 
Charter (Chapter II(4)(i)), the Forestry Code (Chapter IV(2)(iii)(c)), the Petroleum Code 
(Chapter IV(3)(ii)), and to mining regimes (Chapter  IV(3)(i));  nevertheless, for the purposes of fiscal 
control, the 2007 Finance Law suspended all ta x and customs exemptions granted prior to 
1 January 2007.37  Diplomatic missions, international n on-governmental organizations and government 
procurement financed by external funds are exem pt from VAT and, where applicable, excise duty. 
29. Other exemptions are given to "large enterp rises" under the agreements on their establishment 
or under bilateral conventions or agreements.38  The total amount of customs exemptions was 
estimated to be CFAF 3.7 billion in 2005, equiva lent to a loss of around 11 per cent of customs 
revenue;  in 2005, the customs exemptions given to  large enterprises under bilateral conventions or 
agreements accounted for around 89 per cent. 
(v) Prohibitions, quantitative restrictions and licensing 
30. The Central African Republic has abolished most  of its quantitative import restrictions, except 
those on sugar and coffee;  the DIC regime (section (ii) above) has been applied since 1986.39  The 
Central African Republic has not notified its re gimes on prohibition, authorization and import 
licensing as such to the WTO.  It has, however, notified several related measures to the Committee on 
Technical Barriers to Trade.  Th ese include a 90 per cent monopoly of sugar imports (as well as the 
relevant licences) granted to the private company, Sucrière en Afrique  – SUCAF-RCA (African Sugar 
Company) (Chapter IV(2)(iii)(c)), for which the authorities cited Article XIX of the GATT 1994 as 
the legal basis.40  The authorities have also notified the creation of a regulatory body for sugar 
imports.41  Another notification to the WTO relates to a ban on the import of certain products 
containing mercury.42  Coffee can only be imported as of the date on which all the domestic output is 
deemed to have been sold (usually in April each year).43 
31. The import of pharmaceuticals into the Central African Republic is subject to registration 
formalities and a marketing authorization from the Minister of Health44, while the import of 
                                                      
36 For example, materials and equipment imported for mineral prospecting purposes are eligible for the 
temporary admission regime according to Article 90 of Ordinance No. 04.001 of 1 February 2004 (Mining 
Code). 
37 Articles 6 and 7 of Law No. 06.033 of 28 December 2006. 
38 Government of the Central African Republic, Ministry of the Economy, Finance, Planning and 
International Cooperation (2005). 
39 Decree No. 86.328 of 20 November 1986. 
40 WTO document G/TBT/N/CAF/3 of 1 December 2004. 
41 WTO document G/TBT/N/CAF/5 of 2 December 2004. 
42 WTO document G/TBT/N/CAF/2 of 1 December 2004. 
43 Interministerial Order No. 029/MFB/MAE/MICA of 11 January 1996. 
44 Decree No. 94.196 of 4 June 1994. WT/TPR/S/183/Rev.1 Trade Policy Review 
Page 36 
 
 
pharmaceuticals for veterinary use requires approva l by the Minister responsible for livestock.45  The 
production, import and sale of iodized salt for human or  animal consumption are subject to controls in 
order to protect human and animal health.46  The import and marketing of saccharine are controlled in 
order to protect human health.47  It is forbidden to collect or trade in ivory.48  Import and marketing of 
cellular telephones requires prior authorization by the Minister responsible for telecommunications.49  
In general, controls in the form of import permits apply in order to protect consumers, live animals, 
plants or the environment, particularly under th e international conventions signed by the Central 
African Republic.50 
32. The Central African Republic participates in  the Kimberley Process for trade in rough 
diamonds (section (3)(iii)).51 
(vi) Standardization, accreditation and certification 
33. The Central African Republic has not made any notification to the WTO regarding its 
standardization regime or its accreditation and certification procedures.  The authorities have 
confirmed that there is no such regime at the na tional level and have indicated that a subregional 
project at the CEMAC level is under preparation.  The Central African Republic is not a member of 
the International Organization for Standardization (ISO).  When needed, it u tilizes the standards laid 
down by the Association française de normalisation  - AFNOR (French Standards Association). 
(vii) Rules on packaging, marking and labelling 
34. The Central African Republic has notified th e Committee on Technical Barriers to Trade of 
the compulsory marking of packaging and containers for tobacco products put on sale.52  The name 
and address of the importer, together with the weight and the country of origin of the product, must be 
placed on the bags used for imports of wheat flour, rice and sugar.53  The metric system and the 
French language must be used in the Central African Republic. 
(viii) Sanitary and phytosani tary (SPS) measures 
35. The Central African Republic has not notifie d the WTO of its regimes on sanitary and 
phytosanitary (SPS) measures as such.  Neverthele ss, the authorities have notified the Committee on 
Technical Barriers to Trade of the ban on imports of poultry and poultry products from certain 
countries with occurrence of disease and recognized as such by international bodies.54  The Ministry 
responsible for rural development is also in charge of the measures taken to protect animal health.  It 
is prohibited to market spoilt or toxic food or food that does not meet the microbiological or hygiene quality criteria laid down by the Comité national d'alimentation, de  l'hygiène et de la nutrition  
(National Committee for Food, Hygiene and Nutrition).
55 
                                                      
45 Law No. 65/61 of 3 June 1965. 
46 Decree No. 95.038 of 6 February 1995. 
47 Interministerial Order No. 002 /MCIPSP/MSP of 11 January 2002. 
48 Interministerial Order No. 072 of 3 February 2004. 
49 Ordinance No. 85.046 of 31 October 1985. 
50 Viewed at:  http://www.wto.org/English/tr atop_e/envir_e/membershipwtomeas_e.doc. 
51 Viewed at:  http://www.kimberleyprocess.com. 
52 WTO document G/TBT/N/CAF/1 of 1 December 2004. 
53 Order No. 028/MCIPME/CAB/CM of 8 October 1988. 
54 WTO document G/TBT/N/CAF/6 of 19 January 2006.  Order No. 001/MDR/DIRCAB.06 of 
1 March 2006 established the list of countries affected by avian influenza, which is regularly updated. 
55 Ordinance No. 83.069 of 10 November 1983. Central African Republic WT/TPR/S/183/Rev.1 
 Page 37 
 
 
36. The import of plants, as well as packaging made of plant material, requires a phytosanitary 
certificate issued by the author ities in the country of origin.56  A prior authorization is required in 
order to sell insecticides in the Central African Repub lic.  The phytosanitary inspection taxes and fees 
are fixed according to a scale.57  Products of animal origin must undergo sanitary import control and 
be accompanied by a sanitary certificate issued by the authorities in the country of origin.58 
37. The Central African Republic complies with th e provisions of the FAO International Plant 
Protection Convention;  the FAO/WHO Codex Alimen tarius;  the Convention on International Trade 
in Endangered Species of Wild Fauna and Flora (CITES);  and the World Animal Health Organization. 
(ix) Contingency measures 
38. The WTO has not been notified by the Central African Republic of any contingency measures 
and the country does not have any domestic legislat ion on anti-dumping, countervailing or safeguard 
measures.  In a notification to the WTO, the Ce ntral African Republic cited Article XIX of the 
GATT 1994 as the legal basis for its sugar regime, but  it still has to comply with the procedures 
established for this purpose (section (2)(v)).
59 
(x) Other measures 
39. According to the authorities, there is no provision prescribing national content for the 
purposes of fiscal, customs or financial benefits, inter alia .  No agreement has been signed with 
foreign governments or enterprises with a view to affecting the volume or value of goods and services 
exported to the Central African Republic.  Like wise, the authorities are not aware of any such 
agreements between national and foreign companies.   The Central African Republic complies with the 
international trade sanctions decided by the Unite d Nations Security Council and the regional bodies 
to which it belongs. 
(3) MEASURES DIRECTLY AFFECTING EXPORTS  
(i) Customs procedures 
40. The registration formalities applicable to the import of goods for commercial purposes also 
apply to export (section (2)(i) above).  All exports  require an export declaration, as well as a customs 
declaration.  A document showing the foreign cu rrency committed, endorsed by the bank with which 
the transaction is domiciled, is also required fo r all export transactions.  The foreign currency 
commitment consists of the obligation to repatr iate the export earnings from countries outside the 
CEMAC and to convert them into CFA francs within 30 days following shipment of the goods. 
41. The export of precious stones and precious and semi -precious metals is restricted to mining 
companies in possession of mining titles, approved purchasing bureaux, and organized and approved 
mining cooperatives (for exports amounting to at least CFAF 40 million).60  The Bureau d'évaluation 
et de contrôle du diamant et de l'or  – Becdor (Bureau for the Valuation and Control of Diamonds and 
Gold), a State body, values gold and diamonds for the purpose of applying the export duties and taxes 
(section (ii) below). 
                                                      
56 Law No. 62/350 of 4 January 1963. 
57 Order No. 005/MMDA/CA B/DGAAARH/DCA/SPS of 18 February 2004. 
58 Law No. 65/61 of 3 June 1965. 
59 WTO document G/TBT/N/CAF/3 of 1 December 2004. 
60 Article 96 of Ordinance No. 04.001 of 1 February 2004 (Mining Code). WT/TPR/S/183/Rev.1 Trade Policy Review 
Page 38 
 
 
42. Since 2005, the export verification programme fo r wood products has been entrusted to the 
company BIVAC.  The programme covers the inspec tion, identification and marking of logs for 
export (when they are loaded onto trucks), as well as of wood products entering and leaving sawmills 
and when trucks go through the border posts with Cameroon.  The BIVAC is also responsible for 
securitizing customs revenue by verifying the price of wood, the basis for applying export duty.  The 
exporter pays the BIVAC's fees, which amount to 1 per cent of the f.o.t. value (free-on-truck, 
i.e. leaving the Central African Republic on a truck), determined twice yearly in a joint order issued by the Ministers responsible for forests and for finance
61, to which VAT of 19 per cent is added;  the 
minimum fee is CFAF 140,000. 
43. The Office de réglementation de la commercialis ation et du contrôle du conditionnement des 
produits agricoles  - ORCCPA (Office for the regulation of the marketing and control of processing of 
agricultural products), responsible for the coffee subsector, grants coffee exporters the required 
approval.62  Export of cattle is the subject of special m easures, for example, th e obligation to sell the 
cattle on terminal markets in the Central African Re public and the submission of a sanitary certificate 
and international passport for cattle issued by the CEBEVIRHA-CEMAC.63  Fees are charged for 
issuing these various documents.64 
(ii) Export duties and taxes 
44. The zero VAT regime applies to exports, as do es the suspensive procedure for imports of 
products used to manufacture exports (section (2)(iv)(d )).  In general, exports of goods are subject to 
the REIF of 0.50 per cent.  The Central African cust oms also levy a 5 per cent advance on the IR or IS 
for exports of a commercial nature (section (2)(iv)(a )).  Economic operators not subject to the IS or 
the IR pay the IMF of 3 per cent, with the exception of coffee exporters.65 
45. Gold, diamonds, wood, cattle and live wild anim als are the subject of  special regimes as 
regards export duties and taxes.  In the case of gold, the export duty is 1 per cent and the mining promotion tax is 0.75 per cent of the Becdor value.   For diamonds, the export duty is 4 per cent, the 
mining promotion tax is 1 per cent and the special ta x on purchases of diamonds is 3 per cent.  Export 
duty is 10.5 per cent on logs and 4.5 per cent on sawn wood, based on the f.o.t. value, determined 
twice yearly in a joint order issued by the Mi nisters responsible for forests and for finance.
66  Cattle 
are subject to an export tax (CFAF 1,000/head of cattle; CFAF 500/head of small livestock).  Live 
wild animals are also subject to export taxes.67 
46. Coffee under the temporary admission regime is subject to CFAF 10/kg net after processing.68 
                                                      
61 The f.o.t. value is calculated by  deducting from the f.o.b. Douala  value for the preceding half-year 
the amount of the transport costs and the Douala f.o.b. cost.  Where the f.o.t. value is negative, it is set at a flat 
rate of CFAF 5,000 m3.  The transport costs taken into account depend on the geographical situation of the 
forestry permits, either in Zone 1 (lower Lobaye), or in Zone 2 (south-west). 
62 ORCCPA (2005).  The fee charged is CFAF 30,000. 
63 Interministerial Order No. 0020/2001 of 25 April 2001. 
64 The fees are:  export authorization (CFAF 5,000);  CEBEVIRHA document (CFAF 50/head);  
sanitary control (CFAF 2,000/head of cattle);   and CFAF 1,000/head of small livestock. 
65 ORCCPA (2005). 
66 The f.o.t. value is calculated by  deducting from the f.o.b. Douala  value for the preceding half-year 
the amount of the transport costs and the Douala f.o.b. cost.  Where the f.o.t. value is negative, it is set at a flat rate of CFAF 5,000 m
3.  The transport costs taken into account depend on the geographical situation of the 
forestry permits, either in Zone 1 (lower Lobaye), or in Zone 2 (south-west). 
67 Law No. 98.001 of 2 February 1998. 
68 Interministerial Order No. 029/MFB/MAE/MICA of 11 January 1996. Central African Republic WT/TPR/S/183/Rev.1 
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(iii) Prohibitions, quantitative restrictio ns, export controls and licences 
47. The Central African Republic has eliminated all quantitative export restrictions.  It has had an 
export declaration regime since 1986.69  It has participated in the Ki mberley Process (KP) for trade in 
rough diamonds since April 2003.70  The KP's permanent secretariat has been designated by the State 
for this purpose, in particular for certifying par cels of rough diamonds exported and verifying the 
traceability of diamonds produced in the country.  A fee of 0.50 per cent of the Becdor value is levied 
for this service.  Hunting permits include the ri ght to export the carcases and trophies of the common 
game hunted. 
48. The Central African Republic has established a scheme for the sanitary certification of the 
products concerned (cattle, all types of meat).  Gree n coffee must meet quality standards in order to be 
exported. 
(iv) Export subsidies, promotion and assistance 
49. Exports are subject to the zero-rate VAT regime, with the possibility of refunding the tax paid 
on inputs (Table II.2).  Customs duty may be suspended in the case of temporary admission, duty-free entry or inward processing for export-oriented activities. 
(4) M
EASURES AFFECTING PRODUCTION AND TRADE  
(i) Protection of intellectual property rights 
(a) Overview 
50. The Central African Republic is a member of the African Intellectual Property Organization 
(OAPI), set up by the Bangui Agreement (1977).71  It ratified the revised Bangui Agreement (1999) 
on 14 April 2004.  This Agreement is directly enfo rceable in the Central African Republic pursuant to 
the 2004 Constitution (Chapter II(1)), as an automatically  enforceable State law.  In addition to the 
revised Bangui Agreement (1999), the Central Afri can Republic has national legislation on copyright 
and related rights dating from 1985.72 
51. At the same time as the revi sed Bangui Agreement (1999) entered into force (6 March 2002), 
Annexes I to VIII also came into effect coveri ng the following:  patents (Annex I), utility models 
(Annex II), trademarks and service marks (Annex III),  industrial designs (Annex IV), trade names 
(Annex V), geographical indicati ons (Annex VI), copyright and related rights (Annex VII), and 
protection against unfair competition (Annex VIII).  A nnex X on new plant varieties, which must be 
patentable pursuant to Article 27 of the WTO TR IPS Agreement, entered into force on 1 January 
2006.  The OAPI Administrative Council has deferred th e entry into force of Annex IX dealing with 
layout designs (topographies) of integrated circ uits, for which protection must be provided under 
Article 35 of the TRIPS Agreement, because of the lack of the necessary competence to examine 
applications for protection that might be filed unde r this Annex.  As a least developed country, the 
                                                      
69 Decree No. 86.328 of 20 November 1986. 
70 See: http://www.kimberleyprocess.org. 
71 The Bangui Agreement (1977) established the Afri can Intellectual Property Organization (OAPI) to 
replace the African and Malagasy Indust rial Property Office, set up in 1 962.  The members of the OAPI are 
Benin, Burkina Faso, Cameroon, the Central African Republic, Chad, the Congo, Côte d'Ivoire, Equatorial 
Guinea, Gabon, Guinea, Guinea-Bissau, Mali, Mauritania, Niger, Senegal and Togo. See 
http://www.oapi.wipo.net. 
72 Ordinance No. 85.002 of 5 January 1985. WT/TPR/S/183/Rev.1 Trade Policy Review 
Page 40 
 
 
Central African Republic is eligib le for deferral of full applicat ion of the WTO TRIPS Agreement 
until 2016 for matters relating to pharmaceu ticals and until 2013 for other products. 
52. The revised Bangui Agreement (1999) does no t in principle allow parallel imports.73  
Nevertheless, an ex officio licence may be granted when  this is of vital interest to the economy of the 
country, public health or national defence.74 
53. The revised Bangui Agreement (1999) contains provisions on the penalties for infringement 
of intellectual property rights and the national au thorities are responsible for imposing them.  Fines 
have been sharply increased in order to e nhance their deterrent effect (Table III.3).75  For repeated 
offences, terms of imprisonment of one to six months are provided.  The penalties may only be 
imposed by the competent Office of the Public Prosec utor subject to a complaint by the injured party.  
The regulatory framework for competition in principle applies to patent infringement (section (4)(ii)). 
Table III.3 
Fines and terms of imprisonment under the Ba ngui Agreement (1977) and its revision (1999) 
Offence Bangui Agreement ( 1977) Bangui Agreement (1999) 
Infringement of patents Fine of CFAF 30,000 to 50,000 and, if the offence is 
repeated, a term of imprisonment of 1 to 6 months Fine of CFAF 1,000,000 to 3,000,000 and, 
if the offence is repeated, a term of imprisonment of 1 to 6 months 
Infringement of utility models Fine of CFAF 30,000 to 180,000 and, if the offence 
is repeated, a term of imprisonment of 1 to 6 monthsFine of CFAF 1,000,000 to 6,000,000 and, 
if the offence is repeated, a term of 
imprisonment of 1 to 6 months 
Unlawful exploitation of registered trademarks Fine of CFAF 50,000 to 150,000 and/or a term of 
imprisonment of 1 month to 1 year Fine of CFAF 1,000,000 to 3,000,000 and a 
term of imprisonment of 3 months to 2 years 
Unlawful use of compulsory marks and prohibited signs Fine of CFAF 50,000 to 100,000 and/or a term of 
imprisonment of 15 days to 6 months Fine of CFAF 1,000,000 to 2,000,000 and a 
term of imprisonment of 15 days to 6 
months 
Infringement of rights in industrial designs Fine of CFAF 50,000 to 300,000 and, if the offence 
is repeated, a term of imprisonment of 1 to 6 monthsFine of CFAF 1,000,000 to 6,000,000 and, 
if the offence is repeated, a term of 
imprisonment of 1 to 6 months 
Infringement of rights in trade names Fine  of CFAF 50,000 to 300,000 and/or a term of 
imprisonment of 3 months to 1 year Fine of CFAF 1,000,000 to 3,000,000 
and/or a term of imprisonment of 3 months to 2 years 
Infringement of rights in appellations of origin Fine of CFAF 50,000 to 300,000 and/or a term of 
imprisonment of 3 months to 1 year Fine of CFAF 1,000,000 to 6,000,000 
and/or a term of imprisonment of 3 months to 1 year 
Layout-designs (topographies) of integrated circuits
a n.a. Fine of CFAF 1,000,000 to 6,000,000 
and/or a term of imprisonment of up to 
6 months 
Protection of new plant varieties n.a.  Fine of CFAF 1,000,000 to 3,000,000 
and/or a term of imprisonment of 1 to 
6 months 
n.a. Not applicable. 
a The regime under the revised Bangui Agreement is not in force. 
Source : WTO Secretariat. 
                                                      
73 Revised Bangui Agreement (1999), Article 7. 
74 Ibid., Article 56. 
75 Under the Bangui Agreement (1977), no penalty could be applied if, at the end of a period of 
five years from the filing of an application for a patent, the patent had not been worked.  This provision has been eliminated in the revised Bangui Agreement (1999). Central African Republic WT/TPR/S/183/Rev.1 
 Page 41 
 
 
(b) Industrial property 
54. In undertaking the revision of the Bangui Agre ement, the member States of the OAPI wished 
"to make its provisions consistent with the require ments of international intellectual property treaties 
to which the member States belong, in particular  the TRIPS Agreement;  to simplify procedures for 
issuing titles;  to broaden the scope of prot ection;  and to make good certain legal gaps".76  T h e  
subjects and terms of protection have been modified  in order to harmonize them with the provisions 
of the TRIPS Agreement (Table III.4). 
55. For each of its member States, the OAPI serves as the national industrial property office and 
provides a common system of administrative procedures for registering rights.  The procedure 
commences with the filing of an application which,  in the case of applicants domiciled outside the 
OAPI member States, must be submitte d to the OAPI, either through an  agent appointed in one of the 
member States or under the procedures la id down in the Patent Cooperation Treaty.77  For applicants 
domiciled in the Central African Repub lic, applications are filed with the Service national de la 
propriété industrielle  - SNPI (National Industrial Property Se rvice) (within the Ministry responsible 
for industry), which acts as the national structure for liaison (SNL) with the OAPI.  Between 1994 and 
2005, the SNPI received 65 applications, seven of wh ich concerned patents for inventions, two utility 
models, four related to trademarks and 52 to trad e names.  The SNPI also has activities to promote 
awareness and provide information to economic opera tors but does not have sufficient resources to 
combat patent infringement, which concerns pharma ceuticals, leather goods and beauty products in 
particular. 
Table III.4 
Subjects and terms of protection under the Ba ngui Agreement (1977) and its revision (1999) 
Subject Bangui Agreement (1977) Bangui Agreement (1999) 
Patents 10 years, renewable for a maximum of two 
further periods of 5 years 20 years 
Utility models 5 years 10 years 
Trademarks or service marks 10 years, renewable every 10 years 10 years, renewable every 10 years 
Industrial designs 5 years 5 years, renewable twice 
Trade names 10 years, renewable every 10 years 10 years, renewable every 10 years 
Appellations of origin n.a. n.a. 
Literary and artistic property   
Copyright Lifetime of the author + 50 ye ars Lifetime of the author + 70 years 
Films, radio and audiovisual programmes 50 years 70 years 
Photographs 25 years 25 years 
Related rights for performances n.a. 50 years 
Related rights for phonograms n.a. 50 years 
Related rights for radio broadcasts n.a. 25 years 
Layout-designs (topographies) of integrated 
circuitsa n.a. 10 years 
Protection of new plant varieties n.a. 25 years 
n.a. Not applicable. 
a The regime under the revised Bangui Agreement regime is not in force. 
Source : WTO Secretariat. 
                                                      
76 OAPI (undated). 
77 The lists of approved agents are available on the OAPI site (http ://www.wipo.oapi.net). WT/TPR/S/183/Rev.1 Trade Policy Review 
Page 42 
 
 
56. After the application has been received by the Director General, the OAPI initiates the 
procedure, registers the application and examines it.  Any decision to reject an application may be the 
subject of an appeal to the High Commission for Appeals, whose decision is final.  If a patent is issued, the relevant rights remain in force subject to  payment of the requisite fees to the OAPI.  Where 
there is a dispute, the national courts alone are empowered to rule on the plaintiff's case. 
(c) Copyright and related rights 
57. The regulatory framework for copyright in the Central African Republic is harmonized 
neither with Annex VII to the revised Bangui Agre ement (1999) nor with the relevant provisions of 
the WTO's TRIPS Agreement.  For example, under th e Central African regime, the term of copyright 
protection is the lifetime of the author plus 50 year s after his death, whereas the term is 70 years under 
the revised Bangui Agreement (1999).  The Bureau centrafricain du droit d'auteur  – BUCADA 
(Central African Copyright Bureau) which had ad ministered and protected copyright and related 
rights since 1986
78, was abolished on 20 January 2005 and its  duties were taken over by an ad hoc 
committee set up within the Ministry responsible fo r culture.  This committee is considering updating 
the regulatory provisions and the structure to replace the BUCADA.  For the time being, the 
committee does not have the resour ces needed to combat piracy. 
(d) Multilateral intellectual property protection treaties 
58. The Central African Republic not only belongs to  the OAPI but has also  been a member of 
the World Intellectual Property Organization (W IPO) since 23 August 1978.  The revised Bangui 
Agreement (1999) recommends that its member s accede to certain agreements, treaties and 
conventions, but the Central African Republic h as not yet signed the majority of the treaties 
administered by the WIPO (Table III.5);  the aut horities would like to receive technical assistance for 
this purpose. 
Table III.5 
Status of the Central African Republic regarding ratification of  the intellectual property protection treaties administered by the 
WIPO, 2007 
Treaty Undertaking to accede to 
treaties under the 1999 
Bangui Agreement  Date of accession  
Protection of intellectual property 
Berne Convention Yes 3 September 1977;   3 September 1977 for the Paris 
revision 
Brussels Convention No Non-signatory 
Film Register Treaty  No Non-signatory 
Madrid Agreement (Source) No Non-signatory 
Nairobi Treaty Yes Non-signatory 
Paris Convention Yes 19 Septembe r 1963;  5 September 1978 for the 
Stockholm revision 
Patent Law Treaty (PLT) No Non-signatory 
Phonograms Convention No Non-signatory 
Rome Convention Yes Non-signatory 
Trademark Law Treaty No Non-signatory 
Washington Treatya No Non-signatory 
WIPO Copyright Treaty (WCT) No Non-signatory 
  Table III.5 (cont'd)
                                                      
78 Decree No. 85.006 of 5 January 1985. Central African Republic WT/TPR/S/183/Rev.1 
 Page 43 
 
 
Treaty Undertaking to accede to 
treaties under the 1999 
Bangui Agreement  Date of accession  
WIPO Performances and Phonograms Treaty 
(WPPT) No Non-signatory 
Global protection system 
Budapest Treaty Yes Non-signatory 
Hague Agreement Yes Non-signatory 
Lisbon Agreement Yes Non-signatory 
Madrid Agreement (Marks) Yes Non-signatory 
Patent Cooperation Treaty Yes 24 January 1978 
Classification 
Locarno Agreement No Non-signatory  
Nice Agreement No Non-signatory 
Strasbourg Agreement No Non-signatory  
Vienna Agreement No Non-signatory  
Memorandum item: 
International Convention for the Protection of New 
Varieties of Plants Yes Non-signatory 
Source : WIPO and Preamble to the Bangui Agreement (1999). 
(ii) Competition policy 
59. The Central African Republic does not have any comprehensive competition policy.  The 
current regulatory framework dates from 1992 and covers  some aspects of the question:  free pricing 
and its limits set down in the regula tions;  some anti-competitive practices79;  the rules governing 
commercial transactions (with a view to protec ting consumers);  and the suppression of economic 
fraud.80  In 2006, this framework was supplemented, in particular by strengthening the definition of 
anti-competitive practices and the penalti es for the offences covered by the law.81 
60. Consumer protection is also one of the objectives of  the law.  The focus is  on transparency of 
prices and taxes and product quality.  For example, tr aders must inform consumers of the price of the 
goods or services on offer and must provide an invoice upon request.  The law punishes offences such 
as deception regarding the nature, volume, compositi on, quality or origin of  the goods (and also 
covers counterfeiting (section (4)(i)).  The competit ion law also deals with offences connected with 
the exercise of the profession of trader and the a pplication of the relevant  provisions on domestic and 
foreign trade. 
61. In principle, prices are determined by the free play of fair competition, except in the case of 
staple goods, which have been subject to a contro l regime since 1994;  or if there are exceptional 
circumstances that could lead to excessive price increases, in which case the prices are subject to 
transitional regulation.  At present, controls also apply to 17 categories of product that are also the 
subject of reference values for imports (section (2 )(ii)).  The ORCCPA, which deals with the coffee 
subsector, determines the indicative domestic price for each season (Chapter IV(2)(iii)(a)).82  A  
                                                      
79 The law defines anti-competitive practices as those whose purpose is or which could have the effect 
of preventing, restricting or distorting free competition in  the market, for example, concerted action, agreements, 
express or tacit understandings or coalitions (Article 4) or abuse of dominant market position, a state of 
economic dependence of a client comp any or supplier, and the use of mi sleading advertising (Article 5). 
80 Law No. 92.002 of 26 May 1992. 
81 Decree No. 06.229 of 11 July 2006. 
82 ORCCPA (2005). WT/TPR/S/183/Rev.1 Trade Policy Review 
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minimum purchase price is also one of the accompanying measures in the cotton subsector 
(Chapter IV(2)(iii)(b)). 
62. It should be noted that price controls, outside the special regimes, also apply to petroleum 
products (Chapter IV(3)(ii)), water (Chapter IV (3)(iv)) and electricity (Chapter IV(3)(iii)). 
(iii) Incentives 
63. The Central African Republic has not notified the WTO of subsidies or aid.  The main support 
measures in effect relate to the benefits av ailable to enterprises approved under the National 
Investment Charter (Chapter II(4)(i)), the Forestry  Code (Chapter IV(2)(v)), the Petroleum Code 
(Chapter IV(3)(ii)) and the mining regimes (Chapt er IV(3)(i)), as well as the exemptions given to 
large enterprises under the agreement on their establishmen t or a bilateral agreement.  In addition, the 
State supports agriculture in various ways (Chapter  IV(2)(ii)).  Public services such as electricity 
(Chapter IV(3)(iii)), water (Chapter IV(3)(i v)), transport (Chapter IV(5)(i)) and fixed 
telecommunications (Chapter IV(5)(iii)) also benefit from government support. 
(iv) State trading, State-owned enterprises and privatization 
64. The Central African Republic has not notifie d the WTO of any State-trading enterprises 
within the meaning of Article XVII of the GATT.  Nevertheless, there are the following de facto  or de 
jure monopolies:  a monopoly of 90 per cent of sugar imports has been given to the private company 
SUCAF-RCA (Chapter IV(2)(iii)(c));  and the import of electric power is the exclusive prerogative of 
the State-owned electricity company Energie Centrafricaine  – ENERCA (Chapter IV(3)(iii)).  There 
are also monopolies of the import, transport and storage of hydrocarbons (Chapter IV(3)(ii));  
international road transport (Chapter IV(5 )(i)(c));  and postal services and basic fixed 
telecommunications services (Chapter IV(5)(iv)). 
65. Government enterprises and offices are subject to a special regime.83  The 1996 privatization 
programme has been resumed since the return of political stability in 200384;  according to the 
authorities, the most commonly-used method of privat ization is an invitation to tender, in accordance 
with the procedures laid down by law.85  Prior to this, the main achievements were the privatization of 
the State's shares in several commercial banks and hotels and the reorganization of the State-owned 
enterprise PETROCA (Chapter IV(3)(ii)).  Sin ce 2003, the Central African Republic has been 
pursuing several objectives, including the sale of the State's remaining shares in hotels, rehabilitation 
of the oil palm plantation company CENTRAPALM with a view to its sale, as well as the privatization or granting of a concession for Stat e-owned enterprises in the water and basic fixed 
telecommunications services subsectors (Table III.6).
86  The State-owned enterprise ENERCA was 
withdrawn from the privatization progr amme in 1996 (Chapter IV(3)(iii)). 
                                                      
83 Law No. 91.0014 of 25 September 1991. 
84 Law No. 96.007 of 13 January 1996. 
85 Law No. 95.007 of 15 August 1995. 
86 French Embassy in Cameroon, Economic Mission in Yaoundé (2005a). Central African Republic WT/TPR/S/183/Rev.1 
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Table III.6 
Enterprises with State participation, March 2007 
 Activity Share of the capital 
held by the State 
(Percentage ) 
Agence centrale de formation professionnelle  et de l'emploi (ACFPE) Training 100 
Agence de régulation des télécommunications (A RT) Regulates telecommunications services 100 
Bureau d'affrètement routier centrafricai n (BARC) International land transport 33 
Banque internationale pour la Centra frique (BICA) Banking services 5 
Banque populaire maroco-centrafricaine (BPMC) Banking services 37.5 
CENTRAPALM Oil palm industry 100 
Commercial Bank Centrafrique  (CBCA) Banking services 10 
Énergie centrafricaine (ENERCA) Gene ration, transport and distribution 
of electricity 100 
Fonds d’entretien routier Financing of roads 100 
Hôtel du centre Hotel services 100 
Oubangui hôtel Hotel services 15 
Imprimerie centrafricaine (ICA) Printing 100 
Office centrafricain de sécurité soci ale (OCSS) Supply of services 100 
Office national d'informatique ( ONI) Electronic data processing 100 
Office national des postes et de l'épargne (ONPE) Postal and savings services 100 
Office national du matériel (ONM) Leas ing of machinery and equipment 100 
Office de réglementation et de la  commercialisation du contrôle du 
conditionnement des produits agricoles (ORCCPA) Control of agricultural products 100 
Société d'état de gestion des abatto irs (SEGA) Slaughtering of meat 100 
Société centrafricaine de développement des textiles (SOCADETEX) Cotton subsector 15 
Société centrafricaine des télécommunications (SOCATEL) Fixed telecommunications services 60 
Société centrafricaine des transports fluviaux (SOCATRAF) River transport 15 
Société de distribution d'eau de Centrafrique  (SODECA) Production, transport and distribution 
of water 100 
Société de gestion des actifs logistiques (SOGAL) Storage of petroleum products 10 
Source : Central African authorities. 
(v) Government procurement 
66. The Central African Republic's regulatory frame work for government procurement dates from 
1961 and is being re-examined.  Since the return of  political stability in 2003, the draft Government 
Procurement Code has once again become important .  One of the Central African Republic's main 
objectives in this post-conflict period is to stabili ze government finance through control of spending 
and efforts to collect and increase revenue, one elem ent of which is the fight against corruption in the 
award and implementation of gove rnment procurement contracts.87  The Central African Republic is 
neither a member nor an observer at the WTO Pl urilateral Agreement on G overnment Procurement. 
67. According to the current regulatory framework, contracts for supplies, services and public 
works are awarded through an invitation to tender (either open or selective), through a competition or 
by direct agreement.88  Under the procedure introduced in 199889, contracts for an amount exceeding 
the threshold determined in the regulations must neces sarily be the subject of an invitation to tender or 
a competition, whereas contracts for an amount equal to or less than the threshold may be concluded without a competition provided that at least three su ppliers or contractors have been contacted.  The 
                                                     
 
87 IMF (2006b). 
88 Decrees Nos 61/135, 61/136, 61/137 and 61/138 of 19 August 1961. 
89 Decree No. 98.070 of 25 March 1998. WT/TPR/S/183/Rev.1 Trade Policy Review 
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Government Procurement Service prepares, dissemina tes and issues invitations to tender and follows 
up the implementation of the contract.  The te nders commission opens up the bids and decides 
whether they are admissible, while an ad hoc tec hnical committee examines those deemed admissible.  
The commission for awarding or adjudicating governme nt procurement contracts takes a decision on 
the basis of the technical committee's report and awards the contract.