Benin WT/TPR/S/131 
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II. TRADE POLICY REGIME: FRAMEWORK AND OBJECTIVES 
(1) OVERVIEW  
1. The Constitution and the scope of the Suprem e Court’s powers have remained unchanged 
since the first review of Benin’s trade policy. E fforts have been made to decentralize so as to 
encourage land-use planning and the planning of Benin’s development. Since 2001, the Ministry of 
Industry, Trade and Employment Promotion (MICPE) has been responsible for Benin’s trading policy. Benin is a founding member of the WAEMU, which is gradually adopting a common trade policy (CTP), wishes to become an observer at the WTO and is considering the possibility of drawing 
up a common schedule of tariff bindings. Benin is  also involved in other regional integration 
initiatives (ECOWAS) and benefits from bilateral preferential agreements (Economic Partnership 
Agreement with the EU), whose scope is expanding. 
2. In the context of its participation in the WTO, Benin has defined its needs as a least 
developed country (LDC) and as a cotton producer. As far as transparency is concerned, Benin 
continues to encounter some problems with regard to  notifications. Nevertheless, since the first review 
Benin has benefited from technical assistance unde r the JITAP on several occasions and also under 
the Integrated Framework since 2004, and consider s it necessary to strengthen and intensify the action 
taken to date. In order to meet these expectati ons, the WTO has included several activities for Benin 
in its 2004 Technical Assistance and Training Programme (Annex II.1). 
3. The Investment Code remains the same and giv es investors of any origin equal treatment for 
the activities covered; there are still tax concessions  subject to certain conditions (minimum value 
added and the employment of Benin nationals).  Enterprises processing agricultural, animal and 
mining products of local origin enjoy additional co ncessions. In order to promote the diversification 
of exports and attract investment, a new Indus trial Free Zone regime is being introduced. 
(2) G
ENERAL CONSTITUTIONAL AND INSTITUTIONAL FRAMEWORK1 
4. There have been no changes to Benin’s Constitutio n since the first review of its trade policy.2 
5. Under its Constitution, the President of the Republic  is the Head of State, elected by direct 
universal suffrage (first-past-the-post ballot in tw o rounds) for a term of five years renewable only 
once; executive power is vested in the President, w ho decides and conducts the affairs of State. He 
appoints the members of the Government and determ ines their responsibilities. At the last presidential 
elections held on 4 and 22 March 2001, the President , Mr. Mathieu Kerekou, was re-elected for a new 
term extending to 2006. 
6. Parliament is composed of a unicameral National Assembly, which exercises legislative 
power and controls the activities of the Government . The 83 deputies are elected by direct universal 
suffrage for four years and may be re-elected; the l ast legislative elections were held on 30 March 
2003. The National Assembly adopts the laws, including finance laws identifying the Government’s income and expenditure targets. To carry out its programme, the Government may request the 
National Assembly to pass a law authorizing it to  adopt measures normally coming within the scope 
of ordinary law, by issuing ordinances valid for a limited period. Such authorization can be granted 
only by a two-thirds majority of the members of  the National Assembly. Ordinances are adopted by 
the Council of Ministers after consulting the Constitu tional Court. They take effect upon publication, 
but lapse if the draft of the ratification law is not adopted by the Assembly. 
                                                 
1 Information available [on line]. Available at  http://www.gouv.bj/ [2 2 December 2003].  
2 Law No. 90/032 of 11 December 1990. WT/TPR/S/131 Trade Policy Review 
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7. Judicial power belongs to the Constitutional Court3, the Supreme Court, and the High Court 
of Justice.4 The Supreme Court is the highest court for administrative and judicial matters and in 
regard to government accounts. Its decisions concerni ng the interpretation of the law are not subject to 
appeal. They are binding on the Executive, the Legisl ature, and on all the other courts. The Supreme 
Court may be consulted by the Government on any administrative or jurisdictional matter. At the 
request of the Head of State, it may be entruste d with drafting and amendi ng laws and regulations 
before they are examined by the National Assembly. 
8. Courts of first instance are responsible for commercial matters and judge such cases in the 
first instance. Within the Court of Appeal, there is a chamber which hears appeals and is the last 
instance in commercial disputes.5 Countries belonging to the Organization for the Harmonization of 
Business Law in Africa (OHADA) (section 7(ii)) have entrusted the Organization’s Common Court of Justice and Arbitration with final appeals in commercial disputes.
6 
Decentralization  
 9. Benin has made efforts to decentralize its syst em of government. Reform of local authorities 
commenced in 1999.
7 Benin is currently divided into 12 departments and 77 local communities 
established to promote land-use planning and the planning of Benin’s development.8 The communities 
are decentralized entities9, which have legal status  and financial autonomy10, and each has its own 
budget. The law provides that, for a period of three years as of the creation of the communal bodies, 
the State will ensure their proper functioning by granting subsidies and special loans to communities 
whose financial resources do not allow them to balance th eir operating budget.11  
                                                 
3 The Constitutional Court determines the constitutionality of laws and is the authority that regulates 
the functioning of institutions and the activities of the pub lic authorities (Article 114 of the Constitution). It is 
composed of seven members appointed for a term of five years renewable only once. 
4 The High Court of Justice is empowered to judge the President of the Republic and members of the 
Government for matters deemed to be high treason and fo r offences committed in the exercise of their functions. 
5 Article No. 61 of Law No. 2001-37 of 27 August 2002 on the organization of the judiciary in Benin. 
6 The member countries of the OHAD A, whose headquarters are in Abidjan, are: Benin, Burkina Faso, 
Cameroon, Central African Republic, Chad, Côte d’Ivoire, Congo, Comoros, Equatorial Guinea, Gabon, 
Guinea, Guinea-Bissau, Mali, Niger, Senegal and Togo. 
7 Laws No. 97-028 of 15 January 1999 on the organization of local government in Benin; No. 97-029 
of 15 January 1999 on the organization of local communities; No. 98-005 of 15 January 1999 on the 
organization of communities with special status; No. 98- 006 of 9 March 2000 on the electoral regime in 
communities and municipalities; and No. 98-007 of 15 January 1999 on the financial regime of communities. Information available [on line]. Available at http:\\w ww.municipales2002.gouv.bj/ [22 December 2003]. 
8 The departments are: Alibori; Atacora; Atlantique ; Borgou; Collines; Couffo; Donga; Littoral, Mono; 
Ouémé; Plateau; and Zou. 
9 The local council is an assembly  elected by the people to administ er the community. The members of 
the council select a mayor from among their number for a renewable term of five years. 
10 The financial resources of the local communities are composed of: revenue from taxes and levies 
applicable in the former sub-prefect ures and urban areas; local development tax; vehicle tax; value-added tax 
paid to the customs; tourist tax; tax on the operation of mines and quarries; road tax; income derived from facilities and services provided by the local community; income from assets and activities in the community; 
taxes and levies for sanitation and public health services; and subsidies and grants from the State or any other 
legal or natural person. 
11 The communities are responsible for the following: local development, housing and urbanization; 
transport and public works infrastructure, environment, hygiene and sanitation, primary and nursery school 
education, literacy training and services for adults, hea lth and social and cultural activities, commercially-traded 
services and economic investment. Benin WT/TPR/S/131 
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(3) STRUCTURE OF TRADE POLICY FORMULATION  
(i) Executive 
10. When Benin’s trade policy was first reviewed, the Ministry of Trade, Crafts and Tourism was 
responsible for formulating trade policy. Since 2001, the Ministry of Industry, Trade and Employment 
Promotion (MICPE) has been responsible for drafting, implementing and administering trade policy. 
Once they have been drawn up by the Ministry, la ws are submitted for examination and approval by 
the Legislature. In addition, the Ministry of Fi nance and the Economy (Custo ms and Indirect Taxation 
Department), the Ministry of Planning, Forecasting and Development and the Ministry of Agriculture, 
Livestock and Fisheries are involved in the formul ation and implementation of  trade and investment 
policies. 
(ii) Advisory bodies 
11. At the time of the first trade policy review, the Government did not receive advice from 
universities or other research institutions when draw ing up or amending trade policy. The Chamber of 
Commerce and Industry of Benin (CCIB), the Foreign Trade Centre of Benin and the Department of 
Programming and Planning are still involved in  developing trade policy (Chapter III(3)(iv)).12 The 
Economic and Social Council is an advisory body and expresses its opinion on draft laws, ordinances 
or decrees submitted to it, but on its own initiative it may also draw the attention of the National Assembly and of the Government to economic a nd social reforms that it may deem necessary or 
contrary to the public interest. 
(4) T
RADE AND INVESTMENT POLICY  
(i) Main features 
12. Benin is determined to continue developing fore ign trade in order to alleviate poverty through 
welfare programmes (food security, education, health  and job creation). Benin’s trade policy comes 
within the more general framework of a Poverty Reduction Strategy Paper (PRSP for the period 2003-
2005) and its commitments deriving from membership  of the WAEMU (section 6(iii)(a)). As was the 
case when its trade policy was first reviewed, the Go vernment is relying on recovery in the private 
sector as a catalyst for economic growth. The refo rms are based on: (i) consolidation of regional 
integration; (ii) pursuit of the State’s withdrawal and the privatization or liquidation of government 
enterprises (Table III.2); (iii) diversification of ag ricultural exports; (iv) the development of new 
sectoral codes to attract foreign investment; (v) th e creation of an Industrial Free Zone (section 8); 
(vi) strengthening of the legal environment; and (v ii) reform in the public sector and the dismantling 
of administrative constraints. 
                                                 
12 WTO (1998). WT/TPR/S/131 Trade Policy Review 
Page 14 
  
(ii) Participation in the WTO 
13. Benin’s Government has declared its attachme nt to a multilateral trading system based on 
clear and firm rules able to guarantee market access  in order to promote growth, development and job 
creation at the global level, and to  its obligations within the WTO. Benin grants MFN treatment to all 
WTO Members. In its statement to the 2003 Mini sterial Conference in Cancún, however, Benin 
expressed deep concern at the treatment given to  the “sectoral initiative in favour of cotton”, and 
emphasized that the negotiations must take into account the special situation of LDCs.13 It considers 
that a marked improvement in international trade rules is essential to allow effective and efficient 
participation by developing countries in international agricultural trade, particularly by the LDCs. It is 
Benin’s view that an urgent solution must be f ound because the subsidies given for the production and 
export of cotton by some WTO Members constitute a tr ade practice that is contrary to the rules and 
principles governing multilateral trade. They are pr ejudicial to LDCs that produce and export cotton 
and have harmful effects on the economy and on social conditions in the communities producing 
cotton in these vulnerable countries, which are becoming increasingly marginalized. Special and 
differential treatment for LDCs shoul d be considered a cross-cutting issue. The rules and principles 
applicable to LDCs should be made  operational, precise and effectiv e, and should take into account 
the particular needs and special situations of LDCs. Benin endorses the common position adopted by 
the countries of the African Group regarding the need to pursue the process of clarifying the 
Singapore issues so that the interests of developing countries are protected. 
(5) TRADE LAWS AND REGULATIONS  
14. All laws, regulations and orders are published in French in the Journal Officiel , which is 
available to the public. An increasing number of mi nistries and government authorities have Internet 
sites where they disseminate laws and other information, sometimes also in English. 
15. The Executive negotiates and ratifies internationa l treaties and agreements. However, treaties 
or agreements concerning inte rnational organizations (those co mmitting public funds and those 
amending domestic laws) may only be ratified by the National Assembly by means of a law. Once 
published, treaties and agreements that have  been ratified take precedence over laws.14 
16. During the period under review, Benin has submitt ed notifications to the WTO (Table II.1). 
The authorities encounter some problems as rega rds the updating of notifications. In March 2004, 
notifications concerning State trading, import licensing procedures (replies to questionnaires) and customs valuation were incomplete.
15 Benin has given its agreement to the incorporation of the tariff 
data compiled by the Secretariat when preparing the trade policy review into the integrated database 
(IDB); prior to this, Benin had not submitted tariff or statistical data on its imports to the WTO.16 
                                                 
13 WT/MIN(03)/ST/93, 12 September 2003. 
14 The WTO Agreement was ratified by means of Decree No. 95-241 of 5 September 1995. The 
provisions in the Agreement apply automatically. 
15 WTO document G/L/223/Rev.9 of 12 November 2002. 
16 WTO document G/MA/IDB/2/Rev.17 of 14 October 2003. Benin WT/TPR/S/131 
 Page 15 
 
 
Table II.1 
Status of notifications to the WTO, April 2004 
Agreement Subject of notification Frequency Symbol of the latest notification 
Agriculture (Article 18.2) Domestic support Annually G/AG/N/BEN/1,  
27 October1998 
Anti-dumping Agreement 
(Article 18.5) Laws and regulations  G/ADP/N/1/ BEN/1, 
28 September 1998 
Anti-dumping Agreement 
(Article 16.4) Anti-dumping measures 
adopted Half-yearly G/ADP/N/41/Add.1,  
19 October 1998 
Anti-dumping Agreement 
(Article 16.4) Anti-dumping measures 
adopted Half-yearly G/ADP/N/35/Add.1/Rev.2,  
19 October 1998 
Anti-dumping Agreement (Article 16.4) Anti-dumping measures 
adopted Half-yearly G/ADP/N/29/Add.1/Rev.2,  
20 October 1998 
Anti-dumping Agreement 
(Article 16.4) Anti-dumping measures 
adopted Half-yearly G/ADP/N/22/Add.1/Rev.3,  
19 October 1998 
Anti-dumping Agreement 
(Article 16.4) Anti-dumping measures 
adopted Half-yearly G/ADP/N/16/Add.1/Rev.5,  
19 October 1998 
Customs valuation (paragraphs 1, 2, 3 and 4) Laws and regulations Once, and then 
if amended WT/LET/331,  
24 February 2000 
Customs valuation (paragraph 
20.1) Laws and regulations Once, and then 
if amended WT/LET/242,  
18 September 1998 
Safeguards (Article 12.6) Laws and regulations Once, and then 
if amended G/SG/N/1/BEN/1/Corr.1, 
1 October 1998 
Subsidies and countervailing 
measures (Article 25.1) Subsidy programmes Annually G/SCM/N/38/BEN,  
30 September 1998 
Technical Barriers to trade 
(Article 2.9) Laws and regulations  G/TBT/Notif.97.179, 29 April 1997 
Technical Barriers to Trade 
(Article 2.10) Laws and regulations  G/TBT/Notif.97.180, 29 April 1997 
Technical Barriers to Trade 
(Annex 3C)  Information on technical 
regulations, standards and 
conformity assessment 
procedures  G/TBT/CS/N/142,  
14 May 2002 
Enabling clause WAEMU  WT/COMTD/N/11,  
3 February 2000  
WT/COMTD/N/11/Add.1,  2 March 2001  
WT/COMTD/N/11/Add.2,  
22 August 2001 WT/COMTD/N/11/Add.2/Corr.1, 26 March 2002 
Source:  WTO Secretariat. 
(6) TRADE AGREEMENTS AND ARRANGEMENTS  
(i) WTO 
(a) Multilateral agreements 
17. Benin, as a Contracting Party to the GATT (as of 12 September 1963), became a member of 
the WTO on 22 February 1996. It is recognized as a “least developed country  (LDC)”. Benin is not 
party to any plurilateral agreement. 
(b) Participation in WTO activities 
18. The member States of the WAEMU, including Benin, are gradually adopting a common trade 
policy (CTP), which they also intend to apply with in the WTO. Benin therefore supports the request 
made by the WAEMU Commission to become an observer at the WTO. On behalf of WAEMU WT/TPR/S/131 Trade Policy Review 
Page 16 
  
members, Senegal has notified the Treaty and subsequent acts.17 As far as the multilateral negotiations 
under the Doha Development Agenda are concer ned, the member States of the WAEMU have 
adopted common positions on many issues18, particularly with regard to  the subsidies given by some 
WTO Members for cotton (Chapter IV(2)(iii)). The WAEMU Commission is considering the 
possibility of drawing up a common WAEMU list of tariff bindings to replace those appearing on the 
national lists of member States. 
19. Benin is eligible to participate in the WT O trade policy courses and has received technical 
assistance from the WTO. Other areas in which furt her technical assistance is sought have been 
identified in order to draw up a targeted programme (Annex II.1). 
(ii) Regional economic agreements 
(a) African Union19 
20. The achievement of African unity is one of  Benin’s fundamental objectives. Benin is a 
founding member of the African Union, which replaced the Organization of African Unity (OAU).20 
Ultimately, the African Union will be an econom ic and monetary union with the institutions 
mentioned below21 in addition to the Conference of Heads of State and Government and the Council 
of Ministers. 
(b) Economic Community of West African States (ECOWAS) 
21. Benin is a founding member of the ECOWAS, whose Treaty was revised in 1993 in order to 
revitalize the economic integration process.22 Following this revision, the institutional framework of 
the ECOWAS provides for the following in additi on to the Conference of Heads of State and 
Government and the Council of Ministers: the Parliament, the Court of Justice, the Executive 
Secretariat, the Bank for Investment and Devel opment, the Central Bank (West African Monetary 
Institute, predecessor of the Central Bank, created in 2001) and technical commissions. 
22. In 2000, the Executive Secretariat of the ECOWAS  noted that "[t]he non-application of the 
trade-liberalization scheme constitutes the most gl aring failure for ECOWAS” and indicated that 
intra-community trade only accounted for 11 per cent of members’ total trade.23 In order to turn the 
situation around, in 1999 the economic inte gration process was given renewed impetus.24 The 
                                                 
17 WTO documents WT/COMTD/N/11 of 3 February  2000, WT/COMTD/N/ll/Add.1 of 2 March 2001, 
WT/COMTD/N/11/Add.2 of 22 August 2001, WT/COMTD/N/11/Add.2/Corr.1 of 26 March 2002. 
18 Directive No. 06-2003/CM/UEMOA; http://www.uemoa.int.actualite/2003/ Decl_min_Agri_21nov2003.htm. 
19 Information available [on line]. Ava ilable at http://www.africa-union.org. 
20 The Charter establishing the OAU was signed on 25 May 1963. The Constitutive Act of the African 
Union was adopted at the summit of the Organization of African Unity (OAU) in July 2000 in Lomé (Togo). The African Union, which has now re placed the OAU, was proclaimed on 11 July 2001 in Lusaka, Zambia, 
after ratification of the Constitutive Act by over  44 of the 53 member States of the OAU. 
21 The Peace and Security Council (protocol being ratif ied), the Commission (created in July 2003), the 
Pan-African Parliament (protocol being ratified), a central bank, a monetary fund, the African Investment Bank, 
the Court of Justice (statute prepar ed), the Economic and Social Council (statute prepared), and technical 
commissions. 
22 The Treaty establishing the ECOWAS was signed on 28 May 1975. ECOWAS currently comprises 
15 countries: Benin, Burkina Faso, Cape Verde, Côte d’Ivoire, Gambia, Ghana, Guin ea, Guinea-Bissau, Liberia, 
Mali, Niger, Nigeria, Senegal, Sierra Leone and Togo. 
23 Executive Secretariat of the ECOWAS (2000b). 
24 ECOWAS press release No. 46/1999. See also Ex ecutive Secretariat of the ECOWAS (2000a), 
Chapter  II. Benin WT/TPR/S/131 
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progress made relates in particular to the establishm ent of a mechanism to compensate for the loss of 
customs revenue caused by the preferential regime25, harmonized with that of the WAEMU.26 Less 
progress has been made in intro ducing the CET of the ECOWAS.27  Since 1 January 2004, members 
all receive preferential treatment for the same products  as those within the WAEMU.  It is intended to 
create a customs union in 2007. 
23. Together with the WAEMU Commission, the ECOWAS is involved in negotiations with the 
EU on the conclusion of an Economic Part nership Agreement (EPA) (section 6(iv)).28 The ECOWAS 
is also the focal point for the implementation of the New Partnership for Africa’s Development 
(NEPAD) project launched at the Lusaka summit in 2001.29 The ECOWAS is responsible for settling 
disputes in the subregion (for example, in  Côte d’Ivoire, Liberia and Guinea-Bissau). 
(c) West African Economic and Monetary Union (WAEMU)30 
24. Benin is a founding member of the WAEMU31, whose institutions consist of the Conference 
of Heads of State and Government, the Parliament, the Council of Ministers, the Commission, the Court of Justice and the Court of Audit. The me mber States of the WAEMU also belong to ECOWAS 
(see above). 
25. The WAEMU complements the WAMU by an economic integration component and 
incorporates its provisions. The main objectives of the WAEMU are: (i) convergence of the economic performance and policies of member States through  the establishment of a multilateral monitoring 
procedure
32; (ii) creation of a common market; (iii) coordi nation of sectoral policies; and (iv) to the 
extent necessary for the proper operation of the common market, harmonization of member States’ 
legislation, including the regime on duties and taxes on goods. 
26. The WAEMU has gradually liberalized intra-co mmunity trade (30 per cent in 1996, 60 per 
cent in 1997, 80 per cent in 1999, and 100 per cent in  2000). The preferential regime allows local 
products and traditional handicrafts originating in me mber States to enter free of duty (since 1 July 
1996), as well as approved industria l products originating in the Union (since 1 January 2000). The 
harmonization of domestic tax legi slation in member States also applies to indirect taxes 
(Chapter III(2)(iii)). 
27. Benin recognizes the exclusive competence of the WAEMU Commission for the negotiation 
of trade agreements (Box II.1); the bilateral agreements signed by Benin33 are gradually being 
                                                 
25 Protocol on the application of compensation, adopted on 5 April 2002. This fund’s resources consist 
of a community solidarity levy (0.5 per cent of the value of imports from outside the ECOWAS) as of 1 July 2003 in all the West African countries. 
26 Protocol on the definition of the concept of “products of origin”, adopted by the WAEMU on 5 April 
2002. The definition of value added, approval procedures and related documents (for example, certificates of origin) have also been harmonized. 
27 Executive Secretariat of the ECOWAS (2000a). 
28 Decision A/Dec.11/12/01. 
29 African Union (2001). 
30 Information available [on line]. Available at http://www.uemoa.int. 
31 The WAEMU Treaty was signed on 11 January 1994 by Benin, Burkina Faso, Côte d’Ivoire, Mali, 
Niger, Senegal, and Togo; Guinea-Bissau acceded to the Treaty on 1 January 1997. 
32 Additional Act No. 4/99. 
33 Benin had signed bilateral agreements with the following: Algeria (1976); Bulgaria (1977); China 
(1972); Cuba (1989); Czechoslovakia (1979); Democratic People’s Republic of Korea (1976); Gabon (1986); 
German Democratic Republic (1978); Ghana (1985); Hungary (1976); Japan (1962); Nigeria (1990); Poland (1978); Romania (1975); Spain (1971); Union of Soviet Socialist Republics (1963); and Yugoslavia (1978). WT/TPR/S/131 Trade Policy Review 
Page 18 
  
replaced by agreements signed by the WAEMU. A non-preferential agreement on the development of 
trade and investment relations between the memb er States of the WAEMU and the United States of 
America was signed on 24 April 2002. Other agre ements between the WAEMU and third countries 
(Algeria, Egypt, Lebanon, Morocco and Tunisia)  are under preparation.  Since 2 October 2000 
(textiles visa since January 2004), Benin has been eligible to benefit from the trade preferences 
granted by the United States under the African Growth and Opportunity Act (AGOA).34 In principle, 
Benin’s exports are eligible for th e preferences granted by a number of industrialized countries to 
LDCs, in particular under the European Union's “Everything but Arms” initiative. 
Box II.1: Main trade-related instruments of the WAEMU 
Additional Act No. 4/96 establishing a preferen tial tariff regime for trade within the WAEMU; 
Additional Act No. 4/98 establishing a common pref erential tax on industrial products of origin; 
Regulation No. 2/97/CM/UEMOA on adoption of the WAEMU’s CET; Directive No. 2/98/CM/UEMOA on harmonization of member States’ legislation on value-added tax (VAT); 
Directive No. 3/98/CM/UEMOA on harmonization of  member States’ legisl ation on excise duty; 
Regulation No. 5/98/CM/UEMOA defining the list of categories of goods appearing in the WAEMU tariff and statistical nomenclature, as amended; 
Regulation No. 14/98/CM/UEMOA defining the conditions under which member States of the WAEMU are 
authorized to adopt safeguard measures; Regulation No. 3/99/CM/UEMOA  on adoption of the degressive protection tax (TDP) mechanism within the 
WAEMU, as amended; 
Regulation No. 4/99/CM/UEMOA establishing a system of reference values; Regulation No. 5/99/CM/UEMOA on customs valuation of goods; 
Additional Act No. 6/99 establishing a financial compensation mechanism within the WAEMU; 
Additional Protocol No. III/2001 establishing rules of origin for WAEMU products; Directive No. 6/2001/CM/UEMOA on harmonization of taxation of petroleum products within the WAEMU; 
Regulation No. 9/2001/CM/UEMOA on adoption of the WAEMU Customs Code (Book I: Organizational 
framework, customs procedures and regimes); and  Regulation No. 9/2003/CM/UEMOA on the Community Anti-dumping Code.  
Source :   www.uemoa.int [15 March 2004] 
 
28. With regard to the coordination of nationa l sectoral policies, the WAEMU has adopted 
policies in the following areas: agriculture, energy and industry.35  The operating procedures for the 
Union’s agricultural policy (PAU) should be finali zed soon. Regarding transport, which is a key 
aspect for the development of intra-community trad e, a common strategy and a road infrastructure 
network within the WAEMU have be en adopted and put before donors.36 A common programme on 
the building of checkpoints on the borders between member States has been adopted and its implementation appears to be under way.
37 There has also been progress in harmonizing domestic tax 
legislation in member States (Chapter III(2)(iii)(b) and (c)). 
                                                 
34 A National AGOA Commission has been set up to promote production and exports under the AGOA 
framework; it is to draw up a programme of activities and seek financing. 
35 Additional Acts No. 3/2001, No. 4/2001 and No. 5/1999 respectively. 
36 Decision No. 2/2001. 
37 Decision No. 8/2000. Benin WT/TPR/S/131 
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(d) ACP-EU Partnership Agreement (Cotonou Agreement) 
29. Benin is one of the 77 ACP countries with whic h the EU has signed a Partnership Agreement, 
which provisionally entered into force on 1 March 2000.38 Trade provisions are one of the 
mechanisms for cooperation between the ACP count ries and the EU. The latter allows industrial 
products and processed agricultural products origin ating in 77 ACP countries to enter duty-free 
without reciprocity. 
30. The WTO Members have granted the EU a waiver from its obligations under Article I.1 of the 
GATT 1994 (concerning MFN treatment) for the period 1 March 2000 to 31 December 2007, by which time new trading arrangements consistent w ith the WTO’s rules must have been concluded.
39 
Under the Cotonou Agreement, these arrangements w ill be in the form of an Economic Partnership 
Agreement between the EU and various regional groups.40 The EU initiated the negotiations on 
27 December 2002.  The first phase involved all the ACP countries and the EU and dealt with 
horizontal issues of interest to all parties; the second phase began with the launching of negotiations 
with the Central African Economic and Monetary  Community (CEMAC) on 4 October 2003 and with 
West African countries, represented by the EC OWAS, in collaboration with the WAEMU, on 
6 October 2003.41 The EU considers that the negotiations  on the Economic Partnership Agreement 
will strengthen the regional integration process within the ECOWAS. 
31. The EU supports the participation of West African countries through a €20 million capacity-
building programme. The ECOWAS has also obtai ned from the European Development Fund (EDF) 
financing for studies to assess the impact of th e Economic Partnership Agreement on the economies 
of member States. In this connection, one of th e consequences of the creation of a free-trade area 
between the EU and West African countries at th e conclusion of the transitional period – the year 
2020 at the latest – will be the elimination of custom s duties on products of EU origin covered by the 
EPA and the resulting loss of tax revenue. The member States of the ECOWAS have requested EU financing to cover this loss during a transitional period.
42 At the ECOWAS ministerial meeting held in 
Accra in April 2003, the ministers requested the EU to provide additional resources in order to allow 
the West African region to meet the cost of adjusting its economy.43 
(7) FOREIGN INVESTMENT REGIME  
(i) Overview 
32. The main features of the PRSP in relation to i nvestment are, on the one hand, expansion of 
investors’ scope by privatizing State enterprises  and, on the other, establishment in Benin of a 
structure that encourages enterprises to set up th ere and promotes the development of small and 
                                                 
38 The Agreement was signed on 23 June 2000 in Cotonou and entered into force definitively on 
1 April 2003 after ratification. The Agreement replaced the Lomé Convention, which had been in effect since 
1975 and whose fourth extension expired at the end of February 2000. 
39 WTO document WT/MIN(01)/15 of 14 November 2001. The waiver granted by the WTO 
(WT/L/186), which extended the waiver under Article I (MFN) of the GATT for the Fourth Lomé Convention 
between the ACP countries and the EEC (GATT document L/7604), ended on 29 February 2000. 
40 According to the EU, the option of the generalized system of preferences (GSP) is not on the table. It 
should be noted that the revised GSP scheme currently in  force includes the “Everything but Arms” initiative in 
favour of LDCs, which came into effect on 5 March 2001, and allows duty-free entry of all products except arms, with some exceptions (rice, bananas and su gar, to which transitional arrangements apply). 
41 Press release of the trade DG of the European Commission of 3 October 2003. 
42 Executive Secretariat of the ECOWAS (2000a). 
43 ECOWAS press release No. 73/2003 (23 July 2003) (in French only). WT/TPR/S/131 Trade Policy Review 
Page 20 
  
medium enterprises (SMEs). The 1990 Investment Code  makes the private sector the catalyst for the 
economy’s growth.44 
33. Between 1998 and 2000, foreign direct investment in Benin accounted for some 3 per cent of 
its GDP. The “foreign direct investment/GDP” indicat or was three to four times higher than that of 
other countries in the region. 
34. Studies carried out in Benin show that the investment climate is undermined by a number of 
problems related to administrative procedures, labour regulations and lack of infrastructure.45 The 
State is nevertheless striving to find solutions  to these constraints, particularly through the 
establishment of a single window46, improved infrastructure, and above all more flexible labour 
regulations with a new Labour Code adopted in 1998. 
(ii) Investment Code47 
35. The scope of the Investment Code covers  the following: industrial processing; rural 
development (agriculture, livestock breeding, fish ing, aquaculture, forestry); tourism and hotel 
services; industrial maintenance; electronic a nd mechanical assembly; cultural, artistic and 
audiovisual production (discs, pressing, tapes and production of cinematographic films); 
environmental protection activities; supply of services relating to health, education, public works and 
handicrafts.48 The following activities are excluded:  pur chase of goods for resale without processing; 
repackaging and wrapping of finish ed products; supply of services other than those listed in Article 1 
of the implementing decree; and activities that have  a negative impact on the environment and health. 
36. Any new enterprise of interest or of particular importance for the achievement of the 
objectives of the national economic and social deve lopment plan may be covered by the Code. The 
activity generated must, however, make a signifi cant contribution to implementing the land-use 
planning policy through the insta llation of activities in less developed economic areas; job creation; 
improvement and stabilization of the trad e balance and the balance of payments. 
37. In order to encourage free competition, State or private enterprises from Benin or abroad 
enjoy the same rights under the curre nt Investment Code and are also  subject to the same obligations49 
There are no limits on foreign participation in the capital of a company set up in Benin in the sectors 
covered by the Investment Code.50 
                                                 
44 World Bank (undated). 
45 The Economist Intelligence Unit – Country Profile (2002). 
46 Decree No. 97-292 of 19 June 1997. 
47 Law No. 90-002 of 9 May 1990, amended by  Law No. 90-033 of 24 December 1990, Decree 
No. 98-453 of 8 October 1998 and Order No. 38/MPREPE/DC/SG/DPI/SACI of 9 December 1998. 
48 Article 1 of Decree No. 98-453 of 8 October 1998 defining the provisions for implementing Law 
No. 90-002 containing the Investment Code, amended by Law No. 90-033. 
49 Investment Promotion Centre (2000) and Investment Promotion Centre (undated). 
50 Such limits exist, however, in the sectoral c odes, for example those on telecommunications, cotton 
and electricity, which are not covered by the Investment Code. Benin WT/TPR/S/131 
 Page 21 
 
 
38. Under the Investment Code, approved enterp rises are given a number of tax concessions 
under four privileged regimes (Table II.2). The peri od during which the benefits of the Code may be 
enjoyed depends on the zone where the beneficiary enterprise is established; for this purpose, Benin 
has been divided into th ree zones (Table II.3). 
39. Industrial enterprises which pro cess agricultural, animal and mining products of local origin 
also enjoy the following benefits: (i) exemption from registration fees when they are set up; and 
(ii) exemption from the business tax for the first five years of operation.51 There are clear rules 
covering equipment to be used in hotels approve d under the Investment Code and eligible for 
exemption from import duties and taxes.52 
40. The following items are not covered by the duty-free regime in the Investment Code 
(Table II.2): building materials, office equipmen t, household appliances and equipment, private 
tourism vehicles, air-conditioning equipment, with  the exception of equipment for centralized air-
conditioning systems, petroleum products, with the ex ception of oil lubricants, diesel fuel used as a 
raw material, and bituminous products. 
41. Raw materials and packaging imported under the I nvestment Code are subject to the ordinary 
regime. Duties and taxes paid on raw materials and packaging imported and used in the manufacture 
of exported products is refunded (drawback), pursuant to the provisions of the Customs Code and 
subject to observance of the customs regulations.53 
42. The Code requires beneficiary enterprises to ensu re that their activities realize at least 50 per 
cent of value added and to give at least 60 per cen t of the jobs on the payroll to Benin nationals.54  It 
provides that the utilization of foreign labour is subjec t to the relevant regulations.  When the benefits 
under the privileged regime have expired, the ente rprises concerned must continue their activities for 
at least five years otherwise they have to refund  to the State the amount of the concessions obtained 
throughout the approval period.  
 
                                                 
51 According to the authorities, 26 enterprises have been approved under the Investment Code and a 
further 16 have also been approved in the category entitled “Partial operation”. Articles 48 of Law No. 90-002 
and 32 of Decr ee No. 98-453. 
52 Swimming pool equipment; equipment and machinery; sound, radio and television appliances; 
equipment for operations; transport equipment; sa nitary fitting and ware (Interministerial Order 
No. 1289/MF/MI/CT). 
53 Article 15 of Decree No. 98-453 of 8 October 1998. 
54 Articles 33, 35 and 36 of the Code. WT/TPR/S/131 Trade Policy Review 
Page 22 
  
Table II.2 
Criteria and benefits under the Investment Code 
Regime Criteria Benefits 
A Small and 
medium enterprises To encourage the development of SMEs from 
Benin or abroad whose activities could assist 
Benin’s economic and so cial development and 
promote cooperative enterprises. 
Actual investment of CFAF 20 to 500 million 
(US$33,000 to 830,000 respectively). 
 Creation of at least five permanent jobs for 
Benin nationals. 
 Cost of the application for approval: 
CFAF 100,000 (US$160). Exemption from import duties and taxes with the exception of the 
road tax and the statistical fee for (i) machinery,  equipment and 
tools to be used specifically for production or operations; and 
(ii) spare parts specifically for the imported equipment up to a limit 
corresponding to 15 per cent of the c.i.f. value of the equipment. 
Exemption from tax on industrial and commercial profits. 
Exemption from export duties and taxes on goods prepared, 
manufactured and exported by the enterprise. 
B Large 
enterprise To promote national or foreign enterprises 
desirous of contributing to Benin’s economic and 
social development through their investment. 
 Actual investment of CFAF 500 million to 
3 billion (US$830,000 to US$5 million 
respectively). 
 Creation of at least 20 permanent jobs for 
Benin nationals. 
 Cost of the application for approval: 
CFAF 300,000 (US$500). Exemption from import duties and taxes with the exception of the 
road tax and the statistical fee for (i) machinery, equipment and 
tools to be used specifically for production or operations; and 
(ii) spare parts specifically for the imported equipment up to a limit 
corresponding to 15 per cent of the c.i.f. value of the equipment. 
Exemption from tax on industrial and commercial profits. 
Exemption from export duties and taxes on goods prepared, 
manufactured and exported by the enterprise. 
C Tax 
stabilization To encourage very large enterprises. 
 Actual investment exceeding 
CFAF 3 billion (US$5 million). 
 Creation of at least 20 permanent jobs for 
Benin nationals. 
 Cost of the application for approval: 
CFAF 500,000 (US$800). Exemption from import duties and taxes with the exception of the 
road tax and the statistical fee for (i) machinery,  equipment and 
tools to be used specifically for production or operations; and 
(ii) spare parts specifically for the imported equipment up to a limit 
corresponding to 15 per cent of the c.i.f. value of the equipment. 
Exemption from tax on industrial and commercial profits. 
Exemption from export duties and taxes on goods prepared, 
manufactured and exported by the enterprise. The enterprises 
benefit from tax stabilization in re spect of the rate and method of 
determining the tax base for i ndustrial and commercial profits 
throughout the period of the approval. 
Special  Actual investment of at least 
CFAF 20 million (US$33,000).a 
 Enterprises eligible for the “A”, “B” or “C” 
regimes with real investment ranging from 
CFAF 5 to 20 million (US$8,300 to 
US$33,300 respectively).b 
 Cost of the application for approval: 
CFAF 50,000 (US$80). When the enterprise is created , exemption amounting to a 75 per 
cent reduction in import duties and ta xes, with the exception of the 
road tax and statistical fee for (i) machinery, equipment and tools 
to be used for production or operations; and (ii) spare parts 
specifically for the imported equipment up to a limit corresponding 
to 15 per cent of the c.i.f. value of the equipment.c 
a These enterprises provide services relating to health, education,  handicrafts and public works; tourism and hotel services; ind ustrial 
maintenance, cultural, artistic and audiovisual production (discs , tapes, cinematographic films)  and environmental protection. 
b Title VI of Law No. 90-002, Articles 59 and 62 of Law No. 90-033 and Title III of Decree No. 98-453. 
c Machinery, equipment, tools and spare parts and taxes are govern ed by ordinary law during the approval period (Article 59 of La w 
No. 90-033). 
Source:  Law No. 90-002 of 9 May 1990 containing the Investment Code. 
Table II.3 
Definition of zones and term of the period of operations 
Installation zones Term of the period 
of operations 
Zone 1 Cotonou and neighbouring areas within a radius of 25 km 5 years 
Zone 2 Urban areas of Porto-Novo, Parakou, Abomey and Bohicon 7 years 
Zone 3 Other parts of Benin 9 years 
Source: Law No. 90-002 of 9 May 1990 containing the Investment Code. Benin WT/TPR/S/131 
 Page 23 
 
 
43. Investors are given the following guarantees: freedom to do business (choice of suppliers, 
clients, provision of services); free entry, residen ce, movement and exit of expatriates and their 
families subject to observance of the rules in force; freedom of management; freedom to transfer 
capital, including profits and dividends duly accoun ted for, and funds acquired as a result of the 
transfer or cessation of the enterprise’s activities, subj ect to the legislation in force; guarantee that the 
State of Benin will not take any nationalization measures55; and the right to settlement of disputes 
resulting from interpretation or application of the Code. Such disputes are settled by a Commission 
comprising representatives of the Ministers responsible for planning, finance, industry and justice. In 
the case of disputes concerning the validity, interp retation or application of the approval decree and 
possible determination of any fiscal penalties deriving from ignorance or violation of commitments, 
there exists an arbitration procedure either through common agreement be tween the two parties56 or 
by referral to the International Centre fo r Settlement of Investment Disputes (ICSID). 
44. Since 1990, two commissions have been respons ible for applying the Code, namely the 
Technical Investment Commission (CTI) and the Investment Control Commission (CCI).57 
45. In order to strengthen the legal framework for investment and to provide additional security 
for capital, in particular from abroad, in 1993 an d 1994 Benin ratified the convention setting up the 
Multilateral Investment Guarantee Agency (MIGA) and the treaty establishing the Organization for 
the Harmonization of Business Law in Africa (OHADA). At the bilateral level, 17 agreements and treaties on the protection of investment have been signed (10 of them since 1998) and in February 
2004 three further agreements (with China, Italy and Morocco) appeared to be in the process of being 
negotiated or were ready to be signed.
58 
46. As part of the measures taken to libera lize the economy, the monopoly of State trading 
enterprises has been curtailed or abolished and the St ate continues its withdrawal in the context of the 
Government’s privatization efforts. In 2004, the St ate participated in the capital of 28 enterprises, 
including commercial enterprises a nd collective services (Table III.2). According to the authorities, 
foreign interests have been the main participan ts in the capital of companies included in the 
privatization programme and the majority of  privatized enterprises record profits. 
47. Law No. 92-023 on privatization provides that the State may sell enterprises it owns, with the 
exception of those deemed to be strategic.59 The latter belong to the mining, energy, water, forests, 
armament, transport and communications sectors.60 The privatization of the national company 
marketing petroleum products (SONACOP), which b ecame a public limited company on 1 July 1999, 
                                                 
55 A guarantee that the State of Benin will not take any measure to expropriate investments it has made, 
subject to public necessity as laid down in the terms of the legislation. In the event of public necessity, expropriation measures must not be discriminatory and must provide for fair, adequate and prior compensation 
the amount of which is to determined according to the customary rules and practices of international law. 
56 The establishment of an arbitral tribunal through the appointment of an  arbitrator by each of the 
parties and of a third arbitrator  by the first two arbitrators. 
57 Chapter  III and Title IV of Law No. 90-0 02 and Titles VII and VIII of Law No. 98-453. 
58 Benin has signed bilateral agreements or treaties on investment with the following: Belgo-
Luxembourg Economic Union (2 001); Burkina Faso (2001); Canada (1995);  Chad (2001); Federal Republic of 
Germany (1978); France; Gabon (2003); Ghana (2001); Guinea (2001); Lebanon (2003); Mali (2001); Mauritius (2001); Netherlands (2002); Portugal (1984); Switzerland (1973); United Kingdom (1986); and United States of 
America (1998). 
59 Law on the fundamental principles of denationalization and transfer of enterprise ownership from the 
public to the private sector. Pursuant to this law, foreign investors may not hold more than 65 per cent of the 
registered capital or assets of priv atized enterprises; however, in practi ce this limit may be raised if the 
authorities so decide. 
60 According to the authorities, no sector is any longer qualified as “strategic”. WT/TPR/S/131 Trade Policy Review 
Page 24 
  
has been one of the major liberalization measures taken in the petroleum sector61 
(Chapter IV(3)(ii)(a)). 
(8) INDUSTRIAL FREE ZONE REGIME62 
48. The possibility of creating an Industrial Free Zone (ZFI) in Benin dates from 1999.63  The  
intention is to assist in promoting the diversifi cation of exports; improve the trade balance; earn 
foreign currency; ensure the transfer of technology and know-how; develop services and 
subcontracting;  and create jobs. Nevertheless, desp ite the rapid progress made in establishing the first 
ZFI (see below), the draft regulations on its or ganization and functioning were only approved in 
October 200364, while the draft law on the general regime was still being considered by the National 
Assembly at the time this report was finalized.65 
49. The ZFI option adopted by Benin is to combine geographically defined free zones and free 
points or free enterprises. Consequently, any enterp rise that meets the criteria may establish itself in 
any part of Benin and benefit from the advantages given. A public limited company called the 
“Agency for the Administration of the Industrial Free  Zone” will be responsible for administering the 
ZFIs.66 Each approved enterprise and promoter will pay an annual fee (to be fixed) and the Agency 
will define and implement a development, promotion and financial viability policy. 
50. The following are eligible for this preferential regime: (i) enterprises engaged in industrial 
production for export; (ii) services enterprises whose services are available solely to industrial enterprises approved under the ZFI regime; and (iii) enterprises which produce goods intended solely 
for the industries approved under the ZFI regime. Such enterprises must meet all the following 
requirements: (i) guarantee that at least 65 per cent of their annual production will be exported
67, 
(ii) as a priority, give permanent jobs to Benin nati onals with qualifications equivalent to those of 
non-nationals; and (iii) if they are equally competitiv e, as a priority use raw materials, equipment and 
supplies of Beninese origin.68 
51. For activities covered by their approval, enterp rises are eligible for numerous tax concessions 
as of the date of signature of the approval (Table II.4). 
52. Enterprises under the ZFI regime may also benefit from: (i) use of their own 
telecommunications network; (ii) production of ener gy solely for their consumption; and (iii) the 
possibility of holding foreign currency accounts. 
                                                 
61 This privatization was one of the principal provis ions of the structural ad justment agreement signed 
with the World Bank and implemented through an ordinance in January 1996 as an international agreement. 
According to the Constitution, this ordinance takes prece dence over Law No. 92-023; therefore, according to the 
authorities, there is no inconsistenc y between these special restructuring measures and the legal provisions 
applicable. 
62 Ministry of Industry, Trade and Employment Promotion (2003). 
63 Article 5 of Law No. 99-001 of 13 January 1999 containing the 1999 Finance Law. 
64 Decree No. 2003-400 of 13 October 2003. 
65 The draft law was approved by the Council of Ministers on 6 August 2003 and transmitted to the 
National Assembly for adoption under an emergency proced ure, where it was considered for the first time on 30 
January 2004. 
66 According to the authorities, it is planned to set up the Agency in May 2004. 
67 According to the authorities, this percentage of production for export is extremely attractive 
compared with the percentages required in the majority of other free zones, which range from 75 to 80 per cent. 
68 Any enterprise that has benefited from a privileged regime under the Investment Code may not be 
approved for ZFI status until five years after the privileged regime has ended. Benin WT/TPR/S/131 
 Page 25 
 
 
 
53. In September 2003, the first geogr aphically defined ZFI was situated to the east of Cotonou, 
in the Sèmè-Podji sub-prefecture close to the Nigerian  border. The total area for this infrastructure is 
500 hectares, but the work currently taking place only concerns 230 hectares. To date, the investment 
made by the State to equip this zone is some CF AF 1.3 billion. Thirty-four enterprises have made 
applications to the Ministry of Industry, Trade and Employment Promotion with a view to obtaining a lot. These applications as a whole relate to a total area of 219 hectares. It should be noted that the area currently available is 190 hectares. 
Table II.4 
Tax concessions under the Industrial Free Zone regime in Benin 
Measure Concession 
Import duties and taxesa  Exemption upon import.b 
 Upon export, only payment of the road tax. 
Tax on industrial and commercial 
profits (BIC)  Exemption for the first 10, 12 and 14 y ears for geographical zones 1, 2 and 3 
respectively. 
 Reduction to a rate of 20 per cent for five years as of the 11th, 13th and 15th year 
depending on the zones.   
Employers’ contribution  Reduction to 4 per cent on wages for a period of five years. 
Tax on income from securities  Reduction to a rate of 5 per cent for a period of five years. 
Land and real estate tax  Exemption for a period of 10 years. 
Business tax  Exemption for a period of 10 years. 
VAT  Exemption.c 
a  Excluding the road tax. 
b Exemption for machines, machinery and tool s; spare parts specifically for the equipment imported; raw materials and semi-
finished products; products to be used for packaging and wrappi ng processed products; fuel; lubricants; building materials; off ice 
furniture and consumables; generator units and accessories thereof;  telecommunications equipment; appliances to be used for air  
conditioning in enterprises approved under the ZFI regime and cold  storage rooms. A reduction of 60 per cent of these duties an d 
taxes is granted for goods vehicles purcha sed by enterprises. Promoters are granted exemption from import duties and taxes upon  
entry, with the exception of the road tax on goods necessary for the installation, constructio n and equipment of their area. 
c On delivery of semi-finished or semi-processed products, packagi ng, deliveries to the enterprise  itself provided that these for m 
part of the production process, work and se rvices provided to the approved enterprise. 
Source : Ministry of Industry, Trade and Employment Promotion (2003). WT/TPR/S/131 Trade Policy Review 
Page 26 
  
ANNEX II.1: TRADE-RELATED TECHNICAL ASSISTANCE 
 (1) O
VERVIEW  
1. Benin has participated in the revised progra mme of the Integrated Framework (IF) since 
2004.1 As originally envisaged in the IF, Benin under took an assessment in order to define its trade-
related technical assistance needs and be given an integrated response.2 This exercise was used as the 
basis for the JITAP programme (Joint Integrated Technical Assistance Programme/Programme Intégré Conjoint d'Assistance Technique), initiate d in Benin in 1998, for which the implementing 
agencies are the International Trade Centre (IT C), the United Nations Conference on Trade and 
Development (UNCTAD), and the WTO.
3 
2. The JITAP4, together with the action taken by the WTO to assist Benin outside the 
programme, have three main objectives: the bui lding of national capacity to understand the 
multilateral trading system, assistance in bringing domes tic legislation into line with the WTO’s rules, 
and helping to boost exports. The ma in achievement of these activities is the “raising of awareness”, 
both within the Executive and the Legislature, as well as among the press, academics and economic 
operators.5  
3. Regarding the activities under way, it should be noted that JITAP Phase II, in effect since 
February 2003, only began in Be nin during the second half of 2003.6 The WTO has also planned a 
number of activities to assist Benin in 2004 and futu re activities are also e nvisaged. These focus on 
four main axes: development of human resources; building of institutional capacity; support for the 
implementation of the WTO Agreements; and support fo r participation by the authorities in the Doha 
Development Agenda (DDP). 
4. The development of international trade in Beni n is also supported at the national level, the 
regional level (WAEMU and ECOWAS), by several  development partners such as United Nations 
                                                 
1 At the 37th meeting of the Integrated Framework Working Group, held on 29 October 2003, the other 
members of the Working Group requested the World Bank to give priority to undertaking a “technical 
assessment” of Benin as a first step towards its defin itive inclusion in the Integrated Framework process. The 
mission took place from 12 to 16 January 2004 with the par ticipation of the ITC and the WTO in addition to the 
World Bank. Information available at http://www.integratedframework.org. 
2 WTO document WT/COMTD/IF/14 of 12 February 1998. 
3 Phase I of the JITAP (1998-2002) has been implemented in Benin; Burkina Faso; Côte d’Ivoire; 
Ghana; Kenya; Tunisia; Uganda; and the United Republic of Tanzania, with support from Austria; Belgium; 
Canada; Denmark; Finland; France;  Germany; Ireland; Netherlands; Norway; Sweden; and the United 
Kingdom; corresponding to some US$10 million (http://www.jitap.org\). 
4 There have been two stages in the implementation of the JITAP programme in Benin. The first phase 
from 1998 to 2000 and a second phase from 2000 to 2002, marked by the application of the recommendations contained in the mid-term assessment report. Nevertheless, the conclusion in the summary assessment report 
stated that Benin is probably the country in West Africa where the impl ementation of the programme has been 
the least satisfactory. Implementation of activities has been particularly slow and, if the problems persist, it 
would be more appropriate to halt the programme. (Summary assessment report for the Administrative Direction 
of the JITAP Programme (May 2002)). The authorities have indicated to the WTO Secretariat that the lack of 
criteria in drawing up this assessment mean s that they do not share these views. 
5 ITC document ITC/DTCC/03/2679/4 of 30 April 2003. 
6 Phase II of JITAP (2003-2005) extends its scope to Botswana, Cameroon, Malawi, Mali, Mauritania, 
Mozambique, Senegal, and Zambia, and is supported by Canada, Denmark, Finland, France, Japan, Netherlands, 
Norway, Sweden, Switzerland, and the United Kingdom in an amount of around US$14 million (WTO Press 
Release WTO/328 of 20 December 2002 and Report on the progress of the JITAP for 2003, period from 1 November 2003 to 31 January 2004). Benin WT/TPR/S/131 
 Page 27 
 
 
organizations (UNDP, FAO), the World Bank, the European Union7, the Agence 
intergouvernementale de la Francophonie  (the Intergovernmental Francophone Agency)8, the Agence 
française de développement  (French development agency)9, and other bilateral partners. A number of 
activities are also implemented by non-governmental bodies (NGOs, charities). 
(2) ACTION CARRIED OUT BY THE WTO  SINCE 199510 
5. The JITAP has helped in setting up  a intermin isterial commission responsible for following 
up WTO-related issues, in which the private sector is  closely involved. The objective of the activities 
carried out under the JITAP framework and by the WT O is to ensure the effective functioning of this 
commission as regards notifications to the WTO, implementation of the WTO Agreements, and 
participation in the Doha Development Agenda. Re garding the latter, the aim is to gain a better 
understanding of the issues, a clearer vision of the national objectives and to formulate a strategy for the development of exports and negotiating techniques. 
6. As a result of JITAP action in the area of custom s, Benin has been able to adapt a number of 
legislative and regulatory texts to the WTO’s prov isions. The JITAP has also helped to draw up a 
sectoral export strategy for potentially exportable pr oducts such as cashew nuts; and has contributed 
to the installation of a network composed of some  100 trainers for the dissemination of information 
and to the creation and strengthe ning of two reference centres
11 and a national enquiry point (NEP) on 
the administration of quality standards. Support h as also been given for Benin’s standardization 
activities (CEBENOR). 
7. Between January 1998 and December 2003, officials from Benin took part in 19 seminars, 
22 workshops and 12 regional training courses, as well as 27 other activities organized by the WTO 
on various aspects of the multilateral trading system.12 Over the same period, in addition to six WTO 
technical missions to Cotonou, four seminars were  organized on the spot to cover other pertinent 
issues such as the Doha Development Agenda, cust oms valuation and the JITAP. Ten officials took 
part in the trade policy courses organized by  the WTO’s Training Institute in Geneva. 
                                                 
7 Commission of the European Union (2002). 
8 “Programme de formation en négociation d’accords commerciaux et d’investissements 
internationaux ” (Training programme for the negotiation of trade and international investment agreements); 
“Concertations économiques francophones”  (Francophone economic consultations); “ Appui technique aux PMA 
francophones ” (Technical support for Francophone LDCs); “ Renforcement des capacités des organisations 
d’intégration économique régionale ” (Capacity-building in regional economic integration organizations). See 
Organisation internationale de la Francophonie  (2002). 
9 Information available [on line] at http://www.afd.fr/projets/projets_pays.cfm?id=2. 
10 This annex has been prepared using, inter alia , information transmitted by the authorities together 
with that available in the Tech nical Assistance Database kept by the WTO’s Training and Technical 
Cooperation Institute. 
11 A reference centre for official users situated in  the offices of the Foreign Trade Department and a 
second, for private operators, in  the Benin Foreign Trade Centre. 
12 These covered the following subjects: trade and th e environment; the Integrated Database (IDB) and 
the Consolidated Tariff Schedule (CTS); the Doha Development Agenda and preparations for Cancún; sanitary 
and phytosanitary measures; technical barriers to trade;  the GATS; agriculture; dispute settlement practices and 
procedures; market access; customs valuation; WTO rules on safeguards and anti-dumping and countervailing 
measures; review of trade policies; textile s; notifications; and the reference centre. WT/TPR/S/131 Trade Policy Review 
Page 28 
  
(3) ACTION PLANNED BY THE WTO  FOR 200413 
8. The WTO has included several activities for Benin in its 2004 Technical Assistance and 
Training Plan, which provides for participation in  the following activities: trade policy courses in 
Geneva; regional trade policy courses; short trad e policy courses on the Doha Development Agenda; 
workshops or seminars at the regional or  subregional level on a number of issues14; negotiating 
techniques; meetings to promote awareness amon g parliamentarians; and various activities at WTO 
headquarters. 
(4) ACTION THAT COULD BE TAKEN BY THE WTO 
9. The authorities are seeking to strengthen a nd boost the action taken so far to assist 
understanding the multilateral trading system among trai ners and international trade experts. It is 
mainly a question of continuing the training courses, the trade polic y courses and technical meetings. 
As in the past, these activities will deal with subj ects such as notifications, the implementation of the 
WTO Agreements, and the Doha Development Agenda. 
10. Another type of action would target support fo r reference centres. As regards those already 
established, needs relate to maintaining equipmen t, training users, and updating and expanding the 
documentary base in the centres. The authorities would like to see the creation of a reference centre in 
academic circles, at the Abomey-Calavi University , in order to disseminate information on the 
multilateral trading system among academics and students more effectively. 
 
                                                 
13 WTO document WT/COMTD/W/119/R ev.2/Add.1 of 12 December 2003. 
14 A WTO regional workshop on cotton, for African countries, was held on 23 and 24 March 2004 
in Cotonou. 