RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/CPV/28 
29 August 2007 
 (07-3633) 
Working Party on the 
Accession of Cape Verde Original:   English 
 
 
 
ACCESSION OF CAPE VERDE 
 
Additional Questions and Replies  
 
 
 The following submission, dated 24 August 2007, is being circulated at the request of the Delegation of the Republic of Cape Verde.   
_______________  WT/ACC/CPV/28 
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  TABLE OF CONTENTS 
II. ECONOMIC POLICIES..........................................................................................................1  
- Foreign Exchange and Payments ............................................................................................1  
- Investment Regime.............................................................................................................. ......1  
- State Ownership and Privatization .........................................................................................3  
- Pricing Policies ............................................................................................................... ...........5  
III. FRAMEWORK FOR MAKING AN D ENFORCING POLICIES ......................................5  
IV. POLICIES AFFECTING TRADE IN GOODS .....................................................................5  
- Trading Rights ................................................................................................................. .........5  
A. IMPORT REGULATIONS....................................................................................................10  
- Customs tariff................................................................................................................. .........10  
- Other duties and charges....................................................................................................... .11 
- Tariff rate quotas, tariff exemptions.....................................................................................11  
- Fees and charges for services rendered.................................................................................11  
- Application of internal taxes to imports ...............................................................................12  
- Quantitative import restrictions, includi ng prohibitions, quotas and licensing 
systems ........................................................................................................................ .............14  
- Customs valuation.............................................................................................................. .....17  
- Rules of origin ................................................................................................................ .........18  
- Other customs formalities ...................................................................................................... 18 
- Preshipment inspection ......................................................................................................... .19 
- Anti-dumping, countervailing duties, safeguard regimes ...................................................19  
B. EXPORT REGULATIONS ...................................................................................................19  
- Export subsidies ............................................................................................................... .......19  
C. INTERNAL POLICIES A FFECTING FOREIGN TRADE IN GOODS .........................20  
- Industrial policy, including subsidies....................................................................................20  
- Technical barriers to trade, standards and certification.....................................................21  
- Sanitary and phytosanitary measures...................................................................................21  
- Trade-related investment measures ......................................................................................23  
- Free zones, special economic areas........................................................................................23  
- Agricultural policies.......................................................................................................... ......24  
- Trade in ci vil aircraft........................................................................................................ ......24  
V. TRADE RELATED INTELLECTUAL  PROPERTY REGIME.......................................25  
- Fees and taxes................................................................................................................. .........25  
VI. POLICIES AFFECTING TRADE IN SERVICES..............................................................26  
VII. TRANSPARENCY .................................................................................................................26  WT/ACC/CPV/28 
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  -
 Publication of information on trade......................................................................................26  
- Notifications.................................................................................................................. ...........26  
VIII.  TRADE AGREEMENTS .......................................................................................................27  
 
  WT/ACC/CPV/28 
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  II. ECONOMIC POLICIES 
- Foreign Exchange and Payments Question 1 Paragraph 18 of SPEC/CPV/5 and Question 4/ CPV 24: 
We welcome the information that CPV is revising its legislation to remove the current 
authorisation requirements (BCV authorizat ion for 1) obtaining currency to import 
merchandise above CVEsc 5,000,000; 2) invisible operations falling under "private unilateral transfers" for amounts exceeding CVEsc 1,000,00 0 and for transfers exceeding CVEsc 5,000,000 
as payment for goods and services). 
Could CPV indicate a timing for completing th e revision and eliminating these requirements? 
Answer:
 
Cape Verde expects the revision to be enacted  by December 2007 no later than July 2008. 
- Investment Regime 
Question 2 Paragraph 18:  Concerning the need to obtain prior authorization for certain transfers and the 
acquisition of foreign exchange to import me rchandise worth more than CVEsc 5 million, the 
Working Party Report states that the Government is revising existing legislation to eliminate 
the prior authorization requirement. 
When does Cape Verde expect the revision to be enacted? 
Answer:
 
Cape Verde expects the revision to be enacted  by December 2007 no later than July 2008. 
Question 3 
Paragraphs 29-33 discuss investment incentives that  appear to constitute prohibited export 
subsidies. 
What are the results of that study? 
Answer:  
WT/ACC/CPV/22 is a 2005 Action Plan, it was overtaken by events: - Cape Verde submitted a Subsidies Notifi cation WT/ACC/CPV/27 of 26 June 2007; and 
- Cape Verde will incorporate a commitment paragraph in the Draft Report of the Working 
Party setting forth a time table for elimination of the prohibited subsidies. WT/ACC/CPV/28 
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  Question 4 
Cape Verde should provide a draft notification of  its industrial subsidies to the Working Party, 
identifying the programs currently providing in centives and those allowed for in law, their 
purpose, the value of the benefits provided, etc. 
Answer:  
Please see answer to Question No. 2. 
Question 5 
A timetable for the elimination of measures that meet the definition of prohibited subsidies 
according to the ASCM should be included in the Working Party Report text.  A cross reference 
to the sections that contain that commitm ent should be added to this section. 
Answer:  
Cape Verde will incorporate a commitment paragr aph in the Draft Report of the Working Party 
setting forth a time table for the progressive elimination of the prohibited subsidies. 
Question 6 
Question 10/CPV 24: 
We welcome CPV comment that the Investment law will be modified and that it will include an 
exhaustive list of all prohibited sectors, and that this list will apply to both domestic and foreign 
investment. 
Could CPV indicate when the new investment law will be available? 
Answer:  
Cape Verde is in the process of revising the Invest ment Law.  Also, Cape Verde provided a subsidies 
notification to the WTO and the Working Party. 
Cape Verde is prepared to agree to a commitmen t (along the lines of paragraph 160) dealing with 
prohibited subsidies. 
As part of the plan to rationalize the Investment  law and legislation dealing with incentives, the 
Government of Cape Verde is working on a strate gy to align its incentives for investors with the 
Agreement on Subsidies and Countervailing Measures.  As soon as that strategy and draft legislation 
is available, Cape Verde will provide notification to the WTO. 
Question 7 
Paragraph 25 of SPEC/CPV 5 and Questions 7 and 11/ CPV 24: As to investment incentives, we note that CPV is  currently granting prohibited export subsidies.  
We welcome the statement of CPV that it is cons idering elimination of export subsidies in the 
future. 
CPV Verde has indicated that it is examining its investment incentives.  We would be happy to 
know whether CPV has completed this examination,  and when could CPV submit to the WP an  WT/ACC/CPV/28 
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  updated list of its investment incentives, together  with a plan for the future indicating which 
incentives CPV wants to maintain after WTO accession. 
Answer:  
See answer to Question No. 3 above. 
The formulation of the strategy, drafting of laws and implementation regulati ons and approval by the 
Council of Ministries and Parliament will take some time.  That is precisely the reason for the transaction period requested by Government of Cape Verde. 
Question 8 
Paragraph 33 of SPEC/CPV/5 and Question 12/CPV 24: 
Could CPV give an indication when the new Fo reign Investment Law could be available for the 
WP? 
Answer:
 
See answers Questions No. 3 and No. 4 above. 
- State Ownership and Privatization 
Question 9 
Paragraphs 40-42:  We would like additional information on the operations of each of the 
identified STEs, including what criteria they use in making decisions to buy quantities of 
imports, and, where relevant, how they ensure that they distribute domestic and imported 
products in an even-handed manner. 
Answer:  
Of the remaining State-owned enterprises, only EMPROFAC imports regularly.  The company 
imports 65 per cent of Cape Verde’s needs in pha rmaceuticals and sources the remaining 35 per cent 
from the local pharmaceutical industry (INPHAR MA LABORATORY).  EM PROFAC holds 40 per 
cent of shares from INPHARMA LABORATORY.  There are no quotas on imports of pharmaceuticals.  Thus, domestic a nd imported products are treated fairly.  Imported products are 
made through a bid process. 
Question 10 
We also have specific Questions on these STEs: Paragraph 40: Although Shell and ENACOL a re private enterprises, Cape Verde will be 
obliged to ensure that they comply with GATT Article XVII because they have been endowed 
with special or exclusive privileges.  In this respect, how does Cape Verde ensure that they do 
not discriminate in their importation and distri bution, for example, by purchasing fuels only 
from refineries to which they are affiliated? WT/ACC/CPV/28 
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  Answer:  
Cape Verde appreciates that Shell and ENACOL are recognized as private enterprises.  However their 
exclusively privileges both for importation and dist ribution expired in December 2006.  At the present 
moment the importation of oil products is made through international bids and supervised by 
independent Regulatory Agency. 
Question 11 
Paragraph 42:  Does EMPROFAC have the exclus ive right to distribute pharmaceuticals in 
Cape Verde?  How does Cape Verde ensure that  EMPROFAC complies with the obligations of 
GATT Article XVII? 
Answer:  
Yes, presently, EMPROFAC does have the exclusiv e right to distribute pharmaceuticals in Cape 
Verde. 
However, this right is soon to expire, as the co mpany’s privatization will certainly result in the 
liberalization of the pharmaceuticals market, either in  2008, when the privatization is planned to take 
place, or soon thereafter.  A short transition peri od to full liberalization of the market is under 
consideration but will only be allowed if abso lutely necessary to help prepare the national 
pharmaceutical industry to a fully liberalized market. 
Question 12 
Paragraph 45: We support the commitment with the following edits. The representative of Cape Verde confirmed th at Cape Verde would ensure that all State-
owned, State-invested, and other enterprises wi th special or exclusive privileges would make 
purchases of goods and services, which were not intended for governmental use, and sales in 
international trade, based solely on commercial considerations, e.g. price, quality, marketability 
and availability, and that the enterprises of other WTO Members woul d have an adequate 
opportunity in accordance with customary practice to compete for such pu rchases or sales.  In 
addition, Cape Verde would not influence, dir ectly or indirectly, commercial decisions on the 
part of State-owned, State-invested, and other en terprises with special or exclusive privileges, 
including on the quantity, value or country of origin of any goods purchased or sold, except in a manner consistent with the WTO Agreement.  The representative of Cape Verde confirmed that upon accession Cape Verde would notify and provid e information on the activities of Shell Oil, 
ENACOL, EMPROFAC, and the Cape Verdean To bacco Company in accordance with Article 
XVII of the GATT and the Understanding on that Article.  The Working Party took note of 
these commitments. 
Answer:
 
Cape Verde accepts this commitment language. However we make it clear that the State of Cape  Verde has no shares in the Cape Verdean Tobacco 
Company. 
Concerning SHELL and ENACOL, see answer to Question No. 6.  WT/ACC/CPV/28 
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  - Pricing Policies 
Question 13 Paragraph 50: We support the commitment. 
Answer:
 
Cape Verde thanks the Member for its support. 
III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES 
Question 14 Paragraph 60: We support the commitment.  We can agree to the elimination of the text in the internal 
brackets. 
Answer:
 
Cape Verde agrees to eliminate the text in the internal brackets. 
Question 15 
Paragraph 66: We support the commitment. 
Answer:
 
Cape Verde thanks the Member for its support. 
IV. POLICIES AFFECTING TRADE IN GOODS 
- Trading Rights Question 16 
We request that Cape Verde agree to the bracketed commitment language contained in 
paragraph 79, with the edit noted below, which confirms that Cape Verde will grant any natural 
or legal person, whether or not located in Cape V erde, the right to be the importer of record of 
any product allowed to be imported into  Cape Verde, by the date of accession. 
The representative of Cape Verde confirmed that from [the date of accession] Cape Verde 
would grant any natural or legal person, regardl ess of physical presence or investment in Cape 
Verde, the right to be the importer of record of any product allowed to be imported into 
Cape Verde, and that its laws and regulations rel ating to the right to trade in goods and all fees, 
charges or taxes levied on such rights would conform fully with its WTO obligations, including 
Articles VIII:1(a), XI:1, and III:2 and 4 of  the GATT 1994, Article III of the General 
Agreement on Trade in Services, and Article 63 of the Agreement on Trade-Related Aspects of 
Intellectual Property Rights.  He also confirmed that full rights to import and to export would 
be granted in a non-discriminatory and non-di scretionary manner from the date of accession, 
and any requirements for commercial registration or  application for trading rights would be for WT/ACC/CPV/28 
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  customs and fiscal purposes only, would not requi re investment in Cape Verde nor confer the 
right to distribute there, and would not constitute a barrier to trade.  The Working Party took note of these commitments. 
Answer:
 
The commitment language of paragraph 79 is satisfact ory provided that date in the bracket should be 
December 2010. 
Question 17 
Taking note of Cape Verde’s request for a transi tional period to implement the legislation and 
regulations relating to the right to trade in goods,  we request that text be added to the Working 
Party Report that reflects this commitment will be  fulfilled within one to two years from Cape 
Verde’s date of accession. 
Answer:  
Cape Verde will incorporate a commitment paragra ph in the Draft Report of the Working Party that 
reflects this commitment to be fulfilled by December 2010. 
Question 18 
Cape Verde states that it will implement legislatio n and regulations that provide for the right of 
all importers, including "industrial enterprises", to be importers of record, and that the only 
requirement to become an importer of record will be a simple registr ation as a firm doing 
business.  We request information on the development of that legislation. 
Answer:  
When a draft of the legislation is completed it will be forwarded to WTO Secretariat. 
Please note the answer to Question No. 13. 
Question 19 
Paragraph 68:  Please explain the distinction be tween the requirement of registration in order 
to engage in commercial activities, and the requirement of a permit in order to be a 
"commercial operator".  Why are both required in  order to perform commercial activities?  
Also, how does Cape Verde ensure that, having delegated the governmental function of permitting to Chambers of Commerce, those Chambers grant permits and licenses in a fair, transparent, and non-arbitrary manner?  Please ex plain the rationale for having existing firms 
(presumably members of a Chamber of Commerce) make decisions as to the admissibility of 
new entrants (i.e.,potential competitors) into the market. 
Answer:
 
The requirements for registration at the firm registration services are general requirements for every 
enterprise pretending to do a commercial activity.  The requirements for specific commercial activity 
are specific for each branch of the commercial activity and aim mainly wants toward a better 
organization of this sector.  WT/ACC/CPV/28 
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  The procedures for registration and engagement in commercial activity are stipulated by the 
Government and published in the Official Bulletin.  The Government has delegated its power in the 
hands of the Chamber of Commerce which has to  follow the established rules.  Once all the 
conditions are met by the new entrant, the Chambe r cannot refuse his/her admission.  In case this 
happens, the new entrant can always  appeal under the general terms. 
The system works normally since 2001 and there are no complains from the operators or the new 
entrants. 
Cape Verde will review its commercial legislation by December 2010 (see Legislative Action Plan). 
Question 20 
Paragraph 70:  Cape Verde notes that an importer as a general rule has the right to import and 
distribute goods at the wholesale level. 
Does this mean that generally an importer could not import to other channels of distribution? 
Given that trading rights protect, inter alia , the right of foreign traders to import their products 
up to the same channels of distribution to whic h domestic producers have access, please explain 
this limitation at the wholesale level. 
Answer:  
No, he can not. There is no limitation between domes tic producers and foreign traders. 
Question 21 
Paragraph 74:  Can Cape Verde confirm that a Chamber of Commerce does not have discretion 
to reject an application for obtaining a commerci al licence that met the requirements stipulated 
in the provisions cited in this paragraph? 
We also note that paragraph 74 explains that the fees for importation and exportation will be 
harmonized, reflecting the cost of the services rendered, in a new Ordinance. 
We request that text be added to the Working Party Report that reflects that this commitment 
will be fulfilled by a date certain, not to exceed the same period of time, e.g., one to two years 
from the date of accession. 
Answer:
 
Yes.  Cape Verde has no discretion to reject an application for obtaining a commercial licence that 
met the requirement. 
Text will be added to the Working Party Report that reflects this commitment by December 2010. 
Question 22 Paragraph 78 states that "Cape Verde's legi slation still sets out basic commercial presence 
requirements with respect to  capital, warehousing". WT/ACC/CPV/28 
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  Could the specific requirements be included in the report, either in the text or in a Table at the 
back of the report? 
Answer:  
Yes. It will be included in the Working Party Report. Question 23 Commerce Legislation Action Plan (CPV 21/Rev): It is noted that the completion of legislatio n regarding the Decree Law 68/2005 on foreign trade 
regime is only foreseen for December 2008. 
As trading rights are fundamental rights under th e WTO system, these rights should be granted 
to WTO upon WTO accession.  It is not considered appropriate to have a transition period for 
trading rights.  Therefore we would urge Cape Verde to adopt the necessary legislation/implementing regulation in this area before accession. 
Legislative Action Plan (CPV/12/Rev.2): The same comments then above apply to part 4.  of the plan:"Commerce".  Those implementing 
regulations that are necessary fro granting full tr ading rights would need to be adopted before 
accession (equalisation of fees, implementing regulations for non-automatic licence etc.). 
Answer:
 
Cape Verde thanks the Member for its comme nts and reaffirms the need for a transition 
(December 2010), period to rationalize the laws and the regulations dealing with the commercial 
regime, both domestic and foreign into WTO rules. 
This period is necessary for adju stment with the social partners of the government including the 
private sector and civil society aiming the implementation of internal reforms. 
Question 24 
Paragraph 74 of SPEC/CPV/5 and Question 32/CPV 24: 1. As regards the Decree Law 3/2006, it is note d that there is no restriction/qualification as 
its applicability to foreigners.  Can Cape Verd e confirm that the procedures of this law 
are equally applied to both do mestic and foreign operators? 
2. As regards Article 6 of Decree Law 3/2006,  what is the reason for consulting business 
associations before granting the authoris ation? Why is this considered necessary? 
3. As to Decree Law 68/2005, it is noted that Article 5.2 b) states that the following goods 
are subject to non-automatic licensing: 
 "goods subject to restrictions, obligatorily, defined by law." 
 We would urge Cape Verde to define exhaus tively the products that are subject to non-
automatic licensing, as this provision is not clear.  Can Cape Verde confirm that Table 8 
of the draft WPR is an exhaustive list of all goods subject to on-automatic licensing?  WT/ACC/CPV/28 
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  4. Article 7 of the Decree Law 68/2005 states that an implementing decree will define the 
procedures linked with imports and export s to be followed by the government and 
private entities. 
 We would urge Cape Verde to adopt this decree as a matter of urgency, as the trading 
rights of the operators will need to guaranteed as from the date of accession.  We 
consider it very important that the procedures  for achieving import licence or being able 
to trade are clear from the date of accession. 
5. Could CPV indicate when the Ordinance that harmonises the registration fees for 
importers and exporters would be available for the WP? 
Answer:  
1. Cape Verde confirms that the procedures for Law 3/2006 apply to both domestic and foreign 
operators. 
2. The reason why the commercial associations ar e consulted is to hear their opinion about he 
private sector, while Government partner in th e definition and implementation of commercial 
policies. 
3. Cape Verde confirms that Table 8 is an e xhaustive list of Goods Subject to Non automatic 
licensing. 
4. As stated in previous answers, Cape Verd e needs a transaction period to bring its commercial 
regime into conformity with WTO principles. 
5. Cape Verde will provide notification to the WTO Secretariat as soon as the Ordinance 
harmonizing the registration fees for importe rs and exports has been published. 
Question 25 
Paragraph 77 of SPEC/CPV/5 and Question 27/CPV 24: We welcome the information that CPV is willin g to revise its legislation to eliminate the 
requirements for commercial presence for companies that wanted to import or export.  As right 
to export and import are fundamental rights under the WTO, we are of the opinion that the 
necessary legislative changes should be done before accession.  We do not consider that 
transition period would be appropriate in this context. 
Answer:
 
Paragraphs 77, 78 and 79 deal with the commercial presence issue. Simply stated, Cape Verde needs a transition period to  revise laws and regulations in this complex and 
difficult area.  It is for this reason the Government  of Cape Verde requested a transition period until 
2010 to align its laws and regul ations with WTO requirements. 
Cape Verde is prepared to make a specific commitment in paragraph 79 to this effect. WT/ACC/CPV/28 
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  A. IMPORT REGULATIONS 
- Customs tariff Question 26 We appreciate the information provided in Cape Verde’s Action Plan on Preparation, Adoption 
and Application of a Customs Code, WT/ACC/CPV/ 14/Rev.2, and that Cape Verde is on track 
to promulgate a new Customs Code in December 2007. 
Is that date still current?  The status of this le gislation is also addressed in paragraph 80 of the 
Working Party Report. 
Answer:
 
Concerning the Customs Code, Cape Verde confirms  that the draft Customs Code is on track for 
approval no later than December 2008. 
Question 27 
We request that text be added to the Working Party Report that also identifies the timeframe 
for implementation of the implementing regul ations (that will address the more detailed 
valuation rules, such as those contained in the Interpretive Notes to the Customs Valuation 
Agreement). 
Answer:  
Cape Verde agrees that text to the Working Party Re port should be added that identifies the timeframe 
for implementing regulations (that will address the more detailed valuation rules, such as those 
contained in the Interpretive Notes to  the Customs Valuation Agreement). 
A new Table 9 (Action Plan for Implementation of the Agreement on Customs Valuation) is being 
prepared and will be submitted to the WTO shortly.  A line item in the Action Plan "for preparing and 
implementing detailed valuation rules and regulations  will be inserted.  The implementing regulations 
will contain the Interpretative Notes to  the Customs Valuation Agreement. 
Question 28 
Paragraph 81:  Please confirm that the da tes in this paragraph are still current. 
Answer:  
The Law nº 11/VII/2007 of June 2007 approved by  Parliament, updated the Customs Tariffs based 
upon the Harmonized System - HS 2007 which had been in force since 1 July 2007. 
Question 29 
Paragraph 81 SPEC/CPV/5: 
The authorities of Cape Verde have confirmed their intention to adopt the 2002 version of the 
Harmonised System, but also informed that th e implementation of the roadmap to implement 
this nomenclature has been delayed. 
Could Cape Verde indicate when will th e HS 2002 be effectively implemented?  WT/ACC/CPV/28 
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  Answer:  
The HS (Harmonized System) version 2002 it is no t implemented.  Cape Verde through Law Nº 
11/VII/07 dated 21 July 2007 approved the new Cu stoms Tariff based on the HS version from 2007 
which became effective on 1 July 2007, acco rding to Article 2 of the same law. 
The ECOWAS Common External Tariff (CET)  has not (as yet) gone into effect. 
For the purposes of the Goods Schedule, Cape  Verde used the 2002 version of the HS. 
- Other duties and charges 
Question 30 Paragraph 88: We accept the commitment. 
Answer:
 
Cape Verde thanks the Member for its support. 
- Tariff rate quotas, tariff exemptions 
Question 31 Paragraph 92:  We accept the commitment. 
Answer:
 
Cape Verde thanks the Member for its support. 
- Fees and charges for services rendered 
Question 32 Paragraph 97 notes that Cape Verde main tains a customs user fee of 1.04 per cent ad valorem , 
which is inconsistent with Article VIII of GATT 1994. 
We appreciate that Cape Verde is going to modify  custom user fee to bring it into compliance 
with Article VIII of the GATT 1994.  We support Cape Verde’s request for technical assistance, 
and suggest that interested WTO members submit  information that Cape Verde may use to 
revise its current system. 
Answer:
 
Cape Verde thanks the Member for its support for technical assistance and bringing the custom user 
fee into conformity with Article VIII of GATT 1994. 
Question 33 
We further request that Cape Verde agree to th e bracketed commitment language in paragraph 
99, which states that Cape Verde will comply with  Article VIII by its date of accession, or that 
Cape Verde will agree to fulfil these obligations within a transition period.  WT/ACC/CPV/28 
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  Answer:  
Cape Verde can accept the commitment language of paragraph 99, provided that a 5 year transition 
period is granted. 
Question 34 
Paragraph 97 of SPEC/CPV/5 and Question 48/CPV 24: 
We note that the customs user fee of 1,04 p er cent imposed on the CIF-value is still in the 
process of being revised.  We would urge CV to bring it in compliance with Art. VIII of the GATT 1994 by making it commensurate to the serv ices provided.  Ad val orem fees are not in 
compliance with Art VIII GATT. 
Answer:
 
Cape Verde thanks the observations  made by the Member about tax inconsistency of 1.04 per cent "ad 
valorem" for the payment of services according to Article VIII from 1947 GATT. 
For the referred tax to be adequate according to Article VIII from GATT it is necessary a new study 
and analysis of import declaration and other operati ons and customs services to set a specific tax 
which will be compatible with the appr oximate cost of the services rendered. 
Cape Verde does not have specialists on this subj ect and it is necessary technical assistance for this 
study, which should be done soonest possible. 
- Application of internal taxes to imports 
Question 35 Paragraph 102:  Concerning VAT exemptions: 
Please outline the criteria for the exemptions in  the text, and confirm that imported goods are 
eligible for the exemption.  
Answer:
 
Cape Verde confirms that VAT Law (Articles 9 and 12 and Law No. 14/VI/2002 of 9 September 
2002, Laws Nos. 21/IV/2003 and 23/IV/2003 of 14 July 2003, and Decree Law No. 48/2004 of 
26 July 2004) contains exemptions for domestic products operations.  These exemptions include 
agriculture, forestry, livestock and fishing activ ities for certain domestic operations and similar 
imported products are exempt . 
Question 36 
Paragraphs 104-107 discuss Cape Verde’s indirect taxes. Paragraphs 104 and 107:  There is a Special  Tax on Consumption (SCT) (for alcoholic 
beverages) – levied exclusively on import s, and not on domestically-produced goods. 
Paragraph 105:  There is also an Environmental tax that is applied only to imported goods.  WT/ACC/CPV/28 
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  Both taxes are discriminatory a nd not consistent with Article III.  For Cape Verde to meet its 
national treatment obligations, it must amend th em to apply to both domestic production and 
imports. 
We request that Cape Verde agree to the br acketed commitment language in paragraph 108 
that Cape Verde will comply with Article III of  GATT 1994 by its date of accession, or that 
Cape Verde agree to fulfil these obligations within a transition period. 
Answer:  
Special Tax on Consumption applies for alcoholic beverages are levied on import as well as 
domestically produced goods.  
There is proposed legislation to equalize the Environmental tax on impor ts and domestic products. 
Question 37 
We request that Cape Verde agree to the br acketed commitment language in paragraph 108 
that Cape Verde will comply with Article III of  GATT 1994 by its date of accession, or that 
Cape Verde agree to fulfil these obligations within a transition period. 
We reserve on this commitment pending clarific ation on how Cape Verde intends to bring the 
SCT and the Environmental Tax into conformity with Article III of the GATT 1994. 
Answer:  
With conformity of nº1 of Article 2º, Law nº 22/VI/2003 of 14 July 2003, the VAT tax on especial 
consumption applies to both domestic production and imports. 
The new Law proposal about Environmental Tax will be soon presented to the Parliament and gives 
the same treatment to products (tare weight) whic h are either empty or filled with imported goods or 
domestic production. 
Question 38 
Paragraph 105 of SPEC/CPV/5 and Question 50 CPV/24: We welcome information that CPV will revise it s legislation to extend the environmental tax 
also to domestic products. 
Could CPV indicate when will his law enter into force? 
Answer:
 
The new Law proposal about Environmental Tax will be soon presented to the Parliament and gives 
the same treatment to products (tare weight) whic h are either empty or filled with imported goods or 
domestic production. 
The environmental Tax issue is part of  Cape Verde’s Legislative Action Plan. 
Cape Verde is reviewing the draft Working Pa rty Report.  Paragraph 105 will be updated as 
appropriate. WT/ACC/CPV/28 
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  Question 39 
Paragraph 107 of SPEC/CPV/5: We would stress that the Special Tax on Consumptio n should be levied equally to imported and 
domestic products, provided CPV had domestic production of the goods concerned, otherwise 
the system of CPV cannot be considered as WTO compatible. 
We would therefore urge CPV to revise its STC to  be imposed also on domestic products, in 
case there is domestic production of the goods concerned either currently, or in the future. 
Answer:
 
Cape Verde confirms that the Special Taxes app lies either to imported products as well as local 
products (internal production), according to the stipulated on Nº1 from Article 2 from Law Nº 
22/VI/03 dated 14 July 2003. 
As stated previously, Cape Verde is reviewing th e Working Party Report.  Paragraphs 104 through 
107 will be revised and updated as appropriate. 
- Quantitative import restrictions, including  prohibitions, quotas and licensing systems 
Question 40 
Paragraph 115 (pg. 33) and Table 8 (pg. 89) discuss items subjects to non-automatic licensing. 
We request that precise WTO justifications be provided for these measures, verifying that they 
are based on SPS, health or security concerns. 
We request that text be added to the Workin g Party Report that identifies how Decree-Law 
No. 68/2005 of 31 October 2005 is being enforced currently, and when implementing regulations 
will be issued for this law. 
As indicated in the response to Question 63 of WT/ACC/CPV/24, has Cape Verde completed the 
required modifications to Articles 6, 7, and 8 of  the draft Law on Import and Export Licensing 
to ensure compatibility with WTO? 
Please provide the WP members with a copy. 
Answer:  
Pursuant to Article 6º of the GATT Agreement SPS, URUGUAY ROUND. 
Cape Verde accepts to add a text to the Worki ng Party Report by December 2008 (please see action 
plan). 
The implement regulation will be issued by December 2008. 
Question 41 
Paragraphs 119-120:  The text is not clear as to  whether it is describing automatic licensing, or 
the procedures applied to acquisition of non-automa tic licenses.  In addition, the answer to the 
question is not responsive to the original quest ion—the granting of automatic licenses should 
not be discretionary.  WT/ACC/CPV/28 
 Page 15 
 
 
  What is Cape Verde’s justification for requiri ng automatic licensing for the bulk of trade? 
Add commitment text to paragraph 121, noting the Working Party took note of these 
commitments. 
Answer:  
The reasons for Cape Verde to require automatic lic ensing for bulk trade (petrol derivates and cement) 
are related to the imports needs of these basic products and also they do not pose any SPS measurements and national security threat. 
Cape Verde will add a commitment te xt regarding this paragraph. 
Question 42 
WT/ACC/CPV/25: Questionnaire on import licensing Procedures: 
Outline of Systems
 
Cape Verde notes that all goods are subject to  automatic licensing except "goods that require 
sanitary/phytosanitary control,  or security control (handguns,  explosives and the like), or 
mandatory restrictions, required by law." 
What types of items would fall under "mandatory restrictions"? 
Do the items listed in Annex 1 of WT/ACC/CPV/24 represent an exhaustive list of the items that 
would be subject to non-automatic licensing a nd thus includes items that fall under "mandatory 
restrictions"? (Page 2). 
We look forward to receiving Cape Verde’s defi nition of  "goods without commercial value." 
(Page 2). 
Answer:  
There is no definitive list. Items which fall under the "mandatory restrictions " are the ones in which temporary licenses should 
be issued for import having in consideration some environmental and property protection.  
Yes.  It falls under mandatory restriction. 
Goods without commercial value are goods which are not sold in Cape Verde and include: samples, 
goods for consumption in congresses, fairs and inte rnational expositions, import of goods for the 
supply of ships and aircrafts, goods apprehende d, abandoned, found at sea, import goods without 
expenditure of currency, property of air and mar itime navigation companies and destined for their 
exclusive use. 
Question 43 
Procedures
 
What are the "established legal requisites" impo rters must meet before being issued an non-
automatic licence? (Page 4). WT/ACC/CPV/28 
Page 16 
 
 
  Answer:  
The importer must make a demand with a proforma invoice and the certificate of origin. 
Question 44 
Eligibility of Imports to Apply for Licence  
Cape Verde’s response under IV.  Eligibility of Imports to Apply for Licence is unclear. 
Is it true that all persons, firms and institutio ns can apply for "restrictive" import licenses but 
that under the non-restrictive system not all p ersons, firms and institutions are eligible to 
apply? 
Please answer the corresponding follow-up questions: 
"If not, is there a system of registration of perso ns or firms permitted to  engage in importation? 
What persons or firms are eligible?  Is there a registration fee?  Is there a published list of 
authorized importers? 
Answer:  
Cape Verde has no restrictive import licence. There is a system of registration of pe rson or firms- Commercial Registration. 
All are eligible except for t hose with criminal records. 
There is no fee to be paid. There is a list at The Chamber of Commer ce, but is not officially published. 
Question 45 
Additionally Cape Verde notes that no fo rms are required for the automatic licenses. 
This seems to contradict CV’s assertion that certain groups may be ineligible under the non-
restrictive system. (Page 7). 
Answer:
 
There is no restrictive system of importation in Cape Verde. See answer No. 44. Question 46 Paragraph 115 of SPEC/CPV/5 and Questions 59, 63, 64/CPV 24: We welcome the information from CPV that the dr aft law on import and export licensing will 
be modified and that our comments on Articles 6 and 7 will be taken into account in the amendments.  Could CPV indicate when the modified law would be available?  WT/ACC/CPV/28 
 Page 17 
 
 
  When will the implementing Regulations be adopted? 
Answer:  
Please look at the Action Plan on "Commercial Ac tivities" and answers to Member's Questions 
Nos. 1, 6, 7 and 13. 
Cape Verde reaffirms the need for a transition peri od to rationalize the Commercial Activities area, as 
per the Action Plan on Commercial Activities. 
- Customs valuation 
Question 47 Paragraphs 127, 128, and Table 9: 
We favour the commitment text, but we seek addi tional commitment text that Cape Verde will 
accept: 
a. Decision 3.1 of the Committee on Customs Valuation on the Treatment of Interest 
Charges in the Customs Value of Imported Goods; and  
b. paragraph 2 of Decision 4.1 of the Committee on Customs Valuation on the Treatment 
of Interest Charges in the Customs Value of Imported Goods and the Valuation of 
Carrier Media Bearing Software, for Data Processing Equipment. 
Answer:
 
The commitment language of paragr aph 128 will be amended to incl ude the valuation treatment of 
interest charges and carrier media bearing software. 
Question 48 
Question  88 and 90/CPV 24: 
We welcome the updated Action plan for Customs Code and CVA, and note that the new target 
date for enacting the new Customs Code woul d be December 2007, and December 2008 for most 
implementing regulations.  We take note of the fact that according to the action plan, the full 
conformity should be achieved by January 2011. 
Answer:  
The implementation and regulation of Articles 1 to  17 according to the custom evaluation and other 
GATT orders about the value which are part of the custom planning action, was changed for 
December 2010 in order to allow Cape Verde to benefit from technical assistance.  The new custom 
action plan will be send to WTO Secretariat. WT/ACC/CPV/28 
Page 18 
 
 
  - Rules of origin 
Question 49 Paragraphs 133-134: We seek an explicit assurance that the requirements of Article 2(h) and Annex II, Paragraph 
3(d) of the Agreement will be addressed in the new Customs Code. 
We request that text be added to the Working Party Report noting that the requirements of 
Article 2(h) and Annex II, Paragraph 3(d) of  the Agreement will be included in the new 
Customs Code. 
With that clarification in paragraph 133, we  can accept the commitment in paragraph 134. 
Answer:
 
Cape Verde confirms that the new Customs Code will provide the opportunity for prior assessment of 
origin upon request, even before trade in goods has began.  These provisions will bring Cape Verde’s 
Customs code into conformity with Article 2(h) and Annex II, paragraph 3(d) of the WTO rules of 
origin agreement. 
Question 50 
Paragraphs 129-134 SPEC/CPV/5: 
It could be requested to the authorities of Ca pe Verde to communicate their position whether 
they would consider the European Communi ty as one entity for origin purposes. 
Answer:  
To apply Origins Rules, Cape Verde considers the EU members states as being a single territory.  The 
origin of a product exported from the EU is anal yzed as a EU geographical area and not a specific 
geographical area of a specific member state. 
- Other customs formalities 
Question 51 We request that Cape Verde provide information on how it has repealed the requirement for 
import declarations (paragraph 136). 
What is the disposition of the issue? The requi rement for "approval" is not consistent with the 
statement in the section on import licensing that  all "licenses" not applied to sensitive trade 
were automatic. 
Answer:
 
See action plan for law making (CPV 12/Rev.2).  WT/ACC/CPV/28 
 Page 19 
 
 
  Question 52 
Paragraph 136 SPEC/CPV/5: We welcome information that the approval requi rements for import declarations are being 
revised.  Could CPV indicate when this rev ision would be completed and the approval 
requirements abolished? 
Answer:
 
As stated previously, Cape Verde is reviewing the entire paragraph of the Draft Working Party 
Report.  Paragraphs 135, 136 and 137 will be closely looked at, and revised as appropriate.  Also 
Cape Verde informs that Decree-Law 51/2003,  November 2003 was revoked by Decree-Law  
68/2005, October 2005 ( find a copy at WTO Secretariat). 
- Preshipment inspection 
Question 53 Paragraph 139:  We support the commitment. 
Answer:
 
Cape Verde thanks the Member for its support. - Anti-dumping, countervailing duties, safeguard regimes Question 54 Paragraphs 141-142: Please describe the measures applied in Cape  Verde’s safeguard against poultry imports. 
We support the commitment, but we wonder if the current measures are consistent with it. 
Answer:
 
Cape Verde confirms that safeguard acti on against poultry imports ended in 2004. 
B. EXPORT REGULATIONS 
- Export subsidies Question 55 
Paragraphs 151, 158 SPEC/CPV/5, Question 99, 105/CPV 24 and the subsidy notification 
CPV/27: 
It is noted that two of the notified program mes, Free Zone Enterprise statute (IV) and 
Incentives for Exportation (V), provide prohibited export subsidies. 
We would urge Cape Verde to abolish the expo rt subsidies upon accession, and would be happy 
to know what steps and what kind of timetable Cape  Verde is envisaging in order to abolish the 
export subsidies provided by these programmes. WT/ACC/CPV/28 
Page 20 
 
 
  As regards the subsidy programme  VI, Duty Drawback, how Cape Verde is controlling that the 
inputs for which duty drawback is claimed have i ndeed used in the production of the exported 
items? In other words, how does Cape Verde check that the claimed amount of the duty 
drawback is correct and not in excess of the dut ies originally paid for the inputs in question. 
Answer:  
Please see answers to Member's Questions 3, 4 and 5 above. The Investment, trade zones and in centives areas are under study by the Government of Cape Verde. 
Cape Verde will agree to an appropriate paragr aph similar to paragraph 160 of CPV5/Rev.1. 
Concerning duty drawback, the Government of Cape  Verde confirms that although the duty drawback 
provisions are "on the books," in fact duty drawb ack has not been used fo r many years because other 
incentives were more attractive. 
C. INTERNAL POLICIES AFFECTING FOREIGN TRADE IN GOODS 
- Industrial policy, including subsidies Question 56 Cape Verde has a number of subsidies contin gent upon export performance and import 
substitution, and Cape Verde is reviewing all of th em with a view to bringing its subsidy policies 
into conformity with WTO provisions. 
We suggest that the Sections on Export Subsidies and on Industrial Policy be unified, so that all 
of Cape Verde’s subsidies can be addressed together. 
Answer:
 
Cape Verde accepts the suggestion. 
Question 57 
In paragraphs 150, 159 and 160, Members encourage Cape Verde to accept all aspects of Article 
3 of the ASCM.  We strongly support these statements. 
Answer:  
Cape Verde will accept all aspects of Article 3 of the ASCM. 
Question 58 
Paragraph 150 notes trade promotion programs operated by Cape Verde Investments where 
the benefits distributed are contingent on th e use of domestic over imported goods.  Such 
programs should also be cross referenced in the TRIMs section of the WP Report. 
Answer:  
Cape Verde will accept all aspects of Article 3 of the ASCM.  WT/ACC/CPV/28 
 Page 21 
 
 
  Question 59 
Paragraph 159 notes Cape Verde is working on a subsidy notification and timetable for 
rationalization of existing measures. 
We request that Cape Verde agree to the bracketed commitment language contained in 
paragraph 160, which states that Cape Verde will  comply with ASCM upon entry into force, or 
that Cape Verde agree to fulfil these obligations within a transition period. 
We also reserve on this part of the text, pending  review of Cape Verde’s draft notification on 
subsidies. 
Answer:  
Cape Verde agrees to fulfil these obliga tions within the transition period. 
- Technical barriers to trade, standards and certification 
Question 60 Paragraph 168: We support the commitment.  We understand, however, that Cape Verde may 
prefer to establish a timeline for implementation  of the Agreement on Technical Barriers to 
Trade. 
If so, we seek confirmation in the text of Cape  Verde’s commitment (as noted in the response to 
Question 73 of WT/ACC/CPV/24) that it will not enforce voluntary standards contained in private sector or other commercial contracts. 
Answer:
 
We agree with the Paragraph 168, provided that we  have a transition period of 8 years and technical 
assistance to implement all the requirements of the TBT Agreement. 
- Sanitary and phytosanitary measures 
Question 61 Paragraphs169 and 179:  Are the dates in these paragraphs still accurate ?  We need up to date information on how 
legislation is developing. 
Answer:
 
According to the revised Action Plan the new date for development and enactment of basic legislation 
for SPS regime is 2008. 
Question 62 
Does Cape Verde still envisage an Enquiry point will be established by the end of the year?  
What Ministry will be responsible for the enquiry point?  Does it still remain the Office of the 
Minister of Economy, Growth and Compositeness as was noted in WT/ACC/SPEC/CPV5/Rev.1? WT/ACC/CPV/28 
Page 22 
 
 
  Answer:  
Enquiry Point was established in June 2007 and th e responsible is Minister of Environment and 
Agriculture (Ordinance No. 13/2007 of 11 June 2007). 
Question 63 
Two years ago we suggested that prior to accessi on, Cape Verde commit to provisionally adopt 
international standards, guideline and recommenda tions where possible.  If no standards exist 
for some specific items Cape Verde could provi sionally adopt WTO-compliant sanitary or 
phytosanitary measures from other countries.  We  felt that these commitments would put Cape 
Verde in a better position to adopt the SPS Agr eement expeditiously.  We provided technical 
assistance to help Cape Verde in this regard. 
Has Cape Verde been able to adopt international standards? 
Answer:  
Yes.  Cape Verde has already adopted internatio nal standards.  Cape Verde is a member of 
Alimentary Codex and IPPC, also is in the process of accession to OIE (presently has a status as  
observer and has annually declared his sanitary si tuation).  IPPC is informed of phytosanitary 
measures applied and approved legislations. 
Question 64 
Cape Verde had stated that in the context of establishing a WTO-consistent regime in the area 
of sanitary and phytosanitary measures, the GO CV intended to introduce new science-based 
legal requirements on food safety, animal a nd plant health, which would replace existing 
decrees by 1 January 2007. 
Has Cape Verde done that?  If so, we would like a copy of the new requirements. Has Cape Verde adopted standards of the International Office of Epizootics (OIE)? 
Answer:
 
Not yet.  Accordingly to update Action Plan, this activity will be completed by 1 December 2008.  As 
we confirm in Question No. 47, Cape Verde has adopt ed the rules of OIE even though we not member 
yet of this organization. 
Question 65 
We appreciate the new information provided in Ta ble 10: Action Plan for implementation of the 
SPS Agreement.  Paragraphs  173-174 and Table 10: 
Will Cape Verde further update the Action Plan in Table 10?  Are the current completion dates 
an accurate statement of the status of the components of the action plan? 
Is Cape Verde still requesting a transitional p eriod from the date of its accession until 
1 January 2010 for implementation of the WT O Agreement on Sanita ry and Phytosanitary 
measures? 
We accept the commitment.  WT/ACC/CPV/28 
 Page 23 
 
 
  We request that the information and the dates re flected in this Table be reviewed and updated 
to reflect Cape Verde’s current status of implementing the WTO SPS Agreement. 
Answer:  
Cape Verde updated the SPS Action Plan in Table 10.   Inadvertently the revised Action Plan was not 
received nor circulated by the WTO in time for th e June Working Party Meeting.  The revised Action 
Plan will be given to the WTO to circulation. 
Cape Verde is still requesting a transition period un til 1 January 2010 for implementation of the SPS 
agreement. 
- Trade-related investment measures 
Question 66 
Reference should be made to the programs cont ingent upon the use of domestic over imported 
goods, which are mentioned above in the "export subsidy" section. 
Answer:  
Cape Verde has no TRIMs measures. Cape Verde does no require the use of domestic over imported goods. 
Question 67 Paragraph 176:  We accept the commitment. 
Answer:
 
Cape Verde thanks the Member for its support. 
- Free zones, special economic areas 
Question 68 
Paragraph 181 discusses that Cape Verde’s criteri a for free enterprises may not be consistent 
with ASCM. 
We request that Cape Verde accept the bracketed commitment language in 
paragraphs 182-183, ensuring enforcement of WTO obligations from date of accession, or that 
Cape Verde agree to fulfil these obligations within a transition period. 
We have the following additional highlighted text for paragraph 183(a) to include specific zones 
utilized in Cape Verde; and (b) to deal with transhipment: 
Concerning the free trade zones, including Co mmercial Franc (Free) Zones, and "free 
enterprises" or "franc enterprises designated  by the government, the representative of 
Cape Verde confirmed that Cape Verde would en sure enforcement of its WTO obligations in its 
free trade zones from date of accession, incl uding the provisions of the WTO Agreement and 
Cape Verde's commitments in its Protocol of Accession.  In this regard, imports and goods 
produced in the free trade zones or areas under tax and tariff provisions that exempt imports 
and imported inputs from tariffs and certain taxes would be subject to normal customs WT/ACC/CPV/28 
Page 24 
 
 
  formalities when entering the rest of Cape Verd e, including the application of exempted tariffs 
and taxes.  The Working Party took note of these commitments.] 
With the addition of this added text, we can accept the commitment. 
Answer:  
As for subsidies, the government submitted a Noti fication pursuant to Article XVI:1 of the GATT 
1994 and Article 25 of the Agreement on Subsidies and Countervailing Measures, with the request 
that it be circulated to the Members of the Working Party.  This notification may be supplemented, in 
due time, to incorporate further elements or clarifications. 
An appropriate paragraph summarizing Cape Verd e’s incentives and subsidies, which includes Free 
Zones, will be prepared for inclusion in the Working Party Report. 
Question 69 
Question 122/CPV 24 We welcome the information from CPV that it is  revising its laws concerning Free Zones.  We 
would like to stress that it will be essential to ensure in this revision that goods produced in the FZ and imported into the territory of CPV will be subject to normal customs duties applicable 
to imports. 
Could CPV indicate when the revised laws would be available? 
Answer:
 
See answers to Questions 3, 4, and 5 above. Cape Verde confirms that it will accept all aspects of Article 3 of the ASCM. 
Also, cape Verde will review the commitment para graphs (152 trough 160) and make the necessary 
and appropriates changes. 
- Agricultural policies 
Question 70 We reserve on this section pending approval of the Tables on agricultural subsidies.  
Answer:
 
Cape Verde noted the comment. 
- Trade in civil aircraft 
Question 71 Paragraph 197: Are the exemptions referred to available to foreign-owned airlines that stop 
over in Cape Verde for refuelling and repairs?   WT/ACC/CPV/28 
 Page 25 
 
 
  Answer:  
Yes, the exemptions are available to foreign-owned airlines. 
V. TRADE RELATED INTELLECTUAL PROPERTY REGIME 
Question 72 
We appreciate Cape Verde’s revised TRIPS Action Plan, WT/ACC/CPV/9/Rev.2. 
The text of the Working Party Report needs to be  updated to reflect the new timelines identified 
in this action plan, including the full implem entation of the WTO Trade Related Intellectual 
Property Agreement identified in this action plan. 
Answer:  
Cape Verde agrees that the text needs to be upda ted to reflect the new timelines identified in the 
revised action plan. 
Question 73 
Paragraphs 199, 204, 212 and 213 discuss that a new Industrial Property Code, modelled on the 
Industrial Property Law promulgated by Portugal  in 2003 on international developments, was 
scheduled to be adopted by the National Assembly. 
What is the status of this legislation? 
If the legislation has been adopted, could we receive a copy of the law? 
How would the new law preserve the rights of tr ademark owners in compliance with Articles 
16.1 and 24.5 of the TRIPS Agreement by en suring the protection of trademarks against 
confusingly similar and later-in -time geographical indications? 
Answer:  
The Parliament authorized the Government to approve  the Draft of the new Industrial Property Law.  
The legislation has not yet been adopted. 
Regarding the rights of trademark owners the co mments were noted and Cape Verde will respond in 
writing. 
- Fees and taxes Question 74 Paragraph 206 notes that minimal fees and char ges set in the outdated 1959 Industrial Property 
Code were to be revised in the new draft Industrial Property Code (Title IV – "Fees"). 
Has this revision been made? 
Answer:
 
Yes, the revision has been made and published and it was submitted to the WTO in June 2007, 
WT/ACC/CPV/26. WT/ACC/CPV/28 
Page 26 
 
 
  VI. POLICIES AFFECTING TRADE IN SERVICES 
Question 75 We reserve on this section pending approval of Cape Verde’s GATS Schedule.  We want to 
avoid conflicts between the Working Party Report text and the Schedule. 
Answer:
 
Cape Verde when reviewing the Working Party Re port, will take into consideration the conflict 
between Working Party Report and the Schedule. 
VII. TRANSPARENCY 
- Publication of information on trade 
Question 76 
Paragraph 258:  In line with Cape Verde’s in tent, stated in paragraph 257, we suggest 
additional text and a commitment. 
258.....by the particular measure.  He stated fu rther that Cape Verde intended to establish or 
designate an official journal or web-site, pub lished or updated on a regular basis and readily 
available to WTO Members, individuals and enterp rises, dedicated to the publication of all 
regulations and other measures pertaining to or affecting trade in goods, services, and TRIPS 
prior to implementation, and that Cape Verde in tended to provide a reasonable period, e.g. no 
less than 30 days, for comment to the appropriate authorities of Cape Verde before such measures are implemented, except for those regulations and other measures of general 
application involving national emergency or security, or for which the publication would 
impede law enforcement or be otherwise contra ry to the public interest or prejudice the 
commercial interests of particular enterprises, public or private.  Cape Verde intended to implement this facility as soon as possible,  and within the timeframe of its other WTO 
commitments.  The Working Party took note of these commitments. 
Answer:
 
Cape Verde commits and accepts  the language paragraph. 
- Notifications 
Question 77 Paragraph 259:  We support the commitment.  
Answer:
 
Cape Verde thanks the Member for its support.  WT/ACC/CPV/28 
 Page 27 
 
 
  VIII. TRADE AGREEMENTS 
Question 78 This section needs a commitment.  We suggest the following: 263bis.  The representative of Cape Verde co nfirmed that Cape Verde would observe the 
provisions of the WTO Agreement, and the 1979 GATT Decision on Differential and More 
Favourable Treatment, Reciprocity and Full er Participation of Developing Countries" 
(Enabling Clause), including Article XXIV of the GATT 1994 and Articl e V of the GATS in 
trade agreements to which it belongs, and woul d ensure that the provisions of these WTO 
Agreements for notification, consultation, and other requirements concerning free trade areas 
and customs unions of which Cape Verde was,  or may become a member were met from the 
date of accession.  The Working Pa rty took note of these commitments. 
Answer:
 
Cape Verde accepts the su ggested commitment language. 
 
__________