WT/TPR/S/46 Trade Policies Review
Page 26
III. TRADE POLICIES BY MEASURE
(3) INTRODUCTION
1. In Burkina Faso, trade reforms were carried out under the structural adjustment programmes
introduced in 1991.  The majority of non-tariff barriers to imports have been dismantled, with the
exception of technical standards which now concern only ten products;  some imports are also banned
under international agreements or for reasons of security or health.  Imports with an f.o.b. value of atleast CFAF 500,000 are subject to a Prior Import D eclaration. Price controls only remain on some
essential products and basic services.  The prices of tobacco (floor price), cotton (producer price) and
petroleum products are also fixed. Reform of State enterprises, though slow, has allowed the
privatization or winding-up of a few companies;  c ontract plans have been agreed with the various
partners for this restructuring.
2. Burkina bans the export of raw sheep and goat skins and hides. Other products are banned
under international agreements signed by Burkina Faso.  Shea nuts and cereals are subject to a Special
Export Authorization.  The provisions in the Investment Code and the Mining Code promote
investment in Burkina;  in the Investment Code, special emphasis has been laid on enterprises
producing goods for export.  However, the special contribution for the livestock sector concerns bothlocal sales and exports.
3. Import duties are among the highest in the WAEMU, despite the reforms undertaken since
1992, which have simplified their structure.  The simple arithmetical average of duties (not including
the Community Solidarity Levy of 0.5 per cent on non-WAEMU imports) is 31.1 per cent, with a
generally negative escalation for semi-processed and finished products (Table III.1).  The application
of the WAEMU Common External Tariff will help to lower import duties, but it is likely that the
effective rate of protection will rise as a result of the increased (positive) escalation of duties.Burkina Faso has no domestic legislation on anti-dumping, countervailing and safeguard measures.
But, a safeguard system, which was not the subject of a reservation by Burkina (Article 5 of the WTO
Agreement on Agriculture), was introduced in March 1998.  In addition, the African Intellectual
Property Organization (AIPO) Treaty, which Burkina has signed, is currently being amended in order
to harmonize its provisions with those of the Agreement on Trade-Related Aspects of IntellectualProperty Rights.
Table III.1
Customs tariff by level of processing, 1997
Product Number of lines Average Minimum rate Maximum
rateStd. dev. Coefficient
of variation
Raw products 694 28.5 6 37 11.1 0.39
Semi-processed products 1736 35.7 6 37 5.6 0.16
Finished products 3001 29.0 6 37 11.1 0.38
Total 5431 31.1 6 37 10.2 0.33
Source: WTO Secretariat based on information supplied by the Burkina authorities.
(4) MEASURES DIRECTLY AFFECTING IMPORTS
(i) Registration and documentation
4. Persons seeking to import goods for commercial purposes must be listed in the register of
commerce, submit evidence of their activity (issued by the Chamber of Commerce) and their fiscalsituation (issued by the Directorate of Taxes), be registered with the National Social Security FundBurkina Faso WT/TPR/S/46
Page 27
and be in possession of a professional trader's licence1, which is issued by the Directorate-General of
Trade.
5. Goods may be imported either directly by the purchaser or through authorized customs
agents.2  The documents needed for customs formalitie s are the invoice, the freight invoice, the
insurance policy or certificate, the transport document, the packing list, and where appropriate, the
Prior Import Declaration (DPI) the Special Import Authorization (ASI), the certificate of origin, theinspection certificate, and the phytosanitary or conformity certificate.
(ii) Inspection, customs valuation and clearance
6. In December 1992, Burkina Faso signed a pre-shipment inspection contract with the Société
générale de surveillance (SGS);  a new contract entered into force on 10 November 1997.  The SGS is
responsible for inspecting all imports whose f.o.b. value exceeds CFAF 3 million;  below this amount,imports may be inspected selectively if their f.o.b. value is at least CFAF 500,000. Goods are
inspected in the exporting country in respect of quality, quantity and price.  Products exempt from
SGS controls are gold and precious stones, works of art, ammunition and arms, explosives and
pyrotechnical articles, live animals, fresh or refrigerated food products, personal effects and
household domestic articles (including one second-hand vehicle), cinematographic film, ordinarynewspapers and periodicals, trade samples, crude petroleum, grants in kind to the Government, and
supplies for diplomatic and consular missions and international organizations.
3
7. The SGS indicates the main elements on the basis of which imported products can be taxed,in particular the value and tariff classification, and issues an inspection certificate if the results
inspection are satisfactory.  It estimates the revenue to be expected and monitors the documents
relating to the special import regimes that permit ex emption from duties and taxes.  The fees of the
SGS are paid by the Government and represent 1 per cent of the f.o.b. value of the imports inspected.The minimum fee is CFAF 110,000, which corresponds to the cost of inspecting CFAF 11 million of
goods, i.e. three times the threshold f.o.b. value that is the minimum for mandatory inspection.  The
following are currently exempt from pre-shipment in spection:  gold;  precious stones, works of art;
arms, ammunition and military articles;  explosives and pyrotechnical articles;  live animals;
perishable consumer goods (fresh or refrigerated); recovered metals;  plants; cinematographic films;newspapers and periodicals;  personal effects or used articles;  personal grants;  parcels;  trade
samples;  crude oil, grants in kind to the Government;  and supplies for diplomatic missions.
8. The duties and taxes to be paid are estimated by the customs administration, using the value
indicated by the SGS as a reference.  The customs value definition currently used in Burkina Faso is
the Brussels definition.
4  A minimum price scale is drawn up by  the Directorate-General of Customs
for use by border posts which do not have the necessary means to verify the value declared by
importers.  According to the authorities, the transaction value will be applied as from the year 2000,
i.e. at the end of the period given to developing countries under Article 20 (special and differential
treatment) of the Agreement on Implementation of Article VII of GATT 1994.
                                                     
1 Exercise of the profession of trader is governed by Decree No. 81-432-PRES/CMRPN/MCODIM of
12 September 1981 on implementation of Order No. 81-0026-PRES/CMRPN regulating the profession of trader,by Decree No. 93-394/PRES/MICM of 8 December 1993 amending Articles 4 and 5 of DecreeNo. 81-0432/PRES/CMPRN/MCODIM, and by the implementing orders by the Ministry responsible for trade.
2 Forwarding agents must be approved by a committee of the Ministry of Economic Affairs and
Finance.
3 Article 6 of Decree No. 97-466/PRES/PM/MEF/MCIA concerning the import verification
programme.
4 Article 22 of the Customs Code.WT/TPR/S/46 Trade Policies Review
Page 28
9. In June 1993, computerized customs procedures commenced in the posts at Ouagadougou
airport and station.  All the larger posts ar e now equipped with the 2.6 version of SYDONIA.
According to the authorities, cust oms formalities take about 48 hours from the time the declaration is
registered if all the necessary documents are supplied.
(iii) Import duties
10. With regard to import duties, Burkina Faso grants at least most-favoured-nation treatment
(MFN) to all countries.  Import duties consist of the customs duty, the fiscal import duty, the
statistical tax, the special intervention tax and the Community Solidarity Levy on behalf of the
WAEMU and the Community Levy on behalf of the ECOWAS.5  These duties and taxes are based on
the c.i.f. value of the imports.  Domestic taxes on imports, based on the c.i.f. value plus import duties,
are also imposed by the customs.
(a) Type and amount of MFN duties
11. Burkina Faso adopted the Harmonized System (HS) nomenclature on 15 February 1992.  The
customs tariff entered into force on 1 January 1993 and comprises 5,431 eight-digit lines of the
HS (1992 version).  Since then, ad valorem taxation has applied to all products;  reference prices and
special taxes have been abolished.  Nevertheless, in March 1998, a reference price was established forsugar;  it is CFAF 326 or 379 per kg. according to the tariff line.  Burkina Faso does not apply any
seasonal duties, tariff quotas or variable levies.
12. Import duties currently consist of the uniform customs duty of 5 per cent, a fiscal import duty
of 0.4 or 26 per cent, the statistical tax of 4 per cent, and the special intervention tax of 2 per cent.
The customs service considers the latter two taxes to  be fees for services rendered, even though they
are levied on an ad valorem basis.  For taxation purposes, imports are classified into three main
categories.
6  Import duties on products in category I (essential goods and special goods) are 11 per
cent import duties on products in category II (raw materials and capital goods) are 15 per cent;  import
duties on products in category III (other products) are 37 per cent.  However, some products enjoy
exemption.  For example, since 1994, customs duty on pharmaceutical products7 and all duties and
taxes on essential generic medicines8 have been abolished.  A Community Solidarity Levy (PCS) of
05.5 per cent is imposed on imports not originating in the WAEMU and a Community Levy of 0.5 percent on imports from ECOWAS countries.  In addition, a supplementary tax of 7.5 per cent is
imposed on sugar if the c.i.f. price is lower than  CFAF 253 or 306 according to the tariff position
(Chapter IV(2)(ii)(d)).
13. The simple arithmetical average of import duties (not including the Community Solidarity
Levy of 0.5 per cent on imports from outside the WA EMU) is 31.1 per cent, with a minimum of 6 per
cent and a maximum of 37 per cent.  The dispersion of import duties is very small:  the coefficient of
variation is 0.33, indicating that in general import duties do not vary a great deal from one product to
another.  The products subject to the least duty are mining products, timber, transport equipment,
scientific equipment and non-electrical machinery.  The rate of import duties on other products is
close to the maximum;  the products subject to the highest duties are fisheries products, tobacco,
                                                     
5 This analysis was based on the tariff in effect at the end of 1997. Amendments were subsequently
introduced.
6 The new classification into four categories under the WAEMU should be adopted at the latest by
1 July 1999.
7 Law No. 6/94/ADP of 11 March 1994.
8 Law No. 7/94/ADP of 11 March 1994.Burkina Faso WT/TPR/S/46
Page 29
textiles, clothing, leather goods and footwear, plastic articles, and iron and steel, inter alia
(Chart III.1).
14. A large part of the tariff is not used:  in 1996, 45 per cent of tariff lines in Burkina were not
used.  The simple arithmetical average of import duties calculated on the basis of tariff lines actually
used in 1996 was slightly higher (31.8 per cent ).  The arithmetical average of import duties, weighted
by the value of imports, was 25.5 per cent in 1996;  the rate of collection of import duties (i.e. totalrevenue raised by import duties compared with the c.i.f. value of imports) was 14.7 per cent for the
same year.
15. Import duties show a generally negative escalation from semi-processed to finished products
(Chart III.2).  With the exception of food products, textiles, paper articles and non-ferrous metals, for
which import duties are progressive, other goods are subject to a negative escalation of duties or, insome cases a constant level (Table AIII.1).WT/TPR/S/46 Trade Policies Review
Page 30
0510152025303540
ISIC
111
121-122130210-290311-312313314321322-324331-332
341
342351-352ISIC
353-354
355356
361-369
371
372381382383
384
385390Description
Agricultural and livestock production
Forestry and forestry operationsFishingMiningFoodstuffsBeveragesTobaccoTextilesClothing, leather articles and footwearTimber and timber products
Paper products
PrintingChemicals, including pharmaceuticalsDescription
Petroleum products
Rubber productsPlastic productsPottery and china, glass and other non-metallic mineral productsIron and steelNon-ferrous metalsMetal productsNon-electrical machineryElectrical machinery
Transport equipment
Professional and scientific instrumentsOther manufacturesChart III.1
Import duties (not including the Commun ity Solidarity Levy  (PCS)) by product 
Percentage
a
a
Source : International Standard Industrial Classification (ISIC).
WTO Secretariat calculations based on information supplied by the Burkina authorities.Burkina Faso WT/TPR/S/46
Page 31
0510152025303540Chart III.2
Average tariff by level of processing  by ISIC sector, Revision 2, 1998
Source : WTO Secretariat estimate.Percentage
Products not processedSemi-processed productsFinished productsAll products
TotalManufacturingMiningAgriculture
(b) Other duties and taxes
16. A value added tax (VAT) was introduced in 1993:  in 1994, the rate was standardized at
15 per cent, rising to 18 per cent in 1996.  Since 1995, the basis for VAT on imports is the c.i.f. value
plus import duties.9  VAT is paid on any locally produced or imported goods or services.  Exports are
zero-rated for the purposes of reimbursement of the VAT paid on inputs and production factors used
to manufacture the exports.  Products in categories I and II are exempt from VAT.
17. Ad valorem  excise duties are also payable on local products and imports.  These are:  the
consumer tax of 10 per cent on cola, coffee and tea;  the 25 per cent tax on alcoholic beverages;  the
10 per cent tax on non-alcoholic beverages;  and the tax on tobacco, cigars and cigarettes, whichamounts to 13 per cent for products manufactured locally and 95 per cent for imported products.  The
latter tax gives local enterprises additional nominal protection of 112 points.
10
                                                     
9 In other words, the customs import duty, the fi scal import duty, the statistical tax and the special
intervention tax.
10 Import duties on tobacco and cigarettes:  37 per cent;  excise duty 13 or 95 per cent.
- Current taxes on imported cigarettes (1 + 0.37)(1 + 0.95) c.i.f. value = (2.67) c.i.f. value.  The
protection afforded by import duties and excise duties is 167 per cent.
- Taxation of imported cigarettes if the excise duty is 13 per cent irrespective of the origin of
the product:
- (1.37)(1.13) c.i.f. value = (1.55) c.i.f. value.  The protection afforded by import duties and
excise duties is 55 per cent, giving 112 additional points (167 – 55) of nominal protection.WT/TPR/S/46 Trade Policies Review
Page 32
(c) Bindings of duties
18. During the Uruguay Round, Burkina bound its customs duties on agricultural products, like
the other WTO Members as well as on products in Chapters 45, 46, 47 and 49 of the Harmonized
System.  Burkina granted a ceiling rate of 100 per cent for all these products.  Other duties and taxes
on these imports were bound at 50 per cent.  The tariff bindings do not however concern goods
previously included in Burkina's Schedule XLVI, i.e. those which were bound when Burkina was acolony.  With the introduction of the CET, the WAEMU Commission intends to renegotiate the tariff
concessions of all its member countries, including those appearing on the old Schedules.
(d) Tariff preferences
19. Pursuant to the WAEMU Agreements, local specialities and traditional handicrafts originating
in the Union are exempt from import duties in Burkina.  Industrial products approved for thepreferential community tariff (TPC) also receive a reduction of 60 per cent on import duties and
taxes
11;  at the end of 1997, 544 products (including ag ri-industrial products, tobacco, cigarettes and
textiles) produced by 151 enterprises in the WAEMU had already been approved.12 Industrial
products not approved for the TPC receive a reduction of 5 per cent, which in Burkina Faso
corresponds to exemption from customs duties.  Burkina's bilateral agreements with India and Tunisiaalso provide for tariff reductions (Chapter II(5)(iii)).
20. The ECOWAS trade liberalization scheme (C hapter II) in principle comprises two main
elements:  the elimination of non-tariff barriers for all products originating in the ECOWAS countries
and the gradual reduction of tariff barriers with in the Community from 1994 onwards.  According to
the ECOWAS Agreements, from 1 January 1990, local specialities and traditional handicrafts should
be exempt from any import duties when they appear on the list of products recognized by the
Community and are accompanied by a certificate of origin issued by the competent authorityappointed by the exporting country.  Finished industrial products originating in the Community
should receive tariff reductions based on a number of criteria, including the level of industrial
development in the country and whether it is an island country or land-locked.  For Burkina, the
dismantling timetable is ten years, corresponding to a yearly rate of reduction of 10 per cent
(Chapter II(5)(ii)(b)).  In practice, however, many ta riff and non-tariff barriers persist;  the timetable
for the liberalization of trade within the Community  has not been respected and at the end of 1997 no
product had been approved.
(e) Tariff and fiscal exemptions
21. The proportion of imports that are exempt rose from 33 per cent of the total in 1994 to 38 per
cent in 1996 (Table III.2).  Around half of those exem pted are "special admissions" (total or partial
exemption from duties and taxes) which in practice are of an ad hoc nature, thereby making it difficult
for the customs authorities to monitor them.  Th e number of these special imports free of duty in
recent years can be explained by the organizati on of the Franco-African Summit in December 1996
and the African Football Cup (CAN) in February 1998.
                                                     
11 Until June 1997, industrial products approved fo r the TPC received a reduction of 30 per cent of
import duties and taxes.  Approval is given by a WAEMU committee.
12 Approved products only represented 4 per cent of total trade in industrial products within the
WAEMU at the end of 1996.Burkina Faso WT/TPR/S/46
Page 33
Table III.2
Exemptions by major categories, 1996
(CFAF million and percentage)
C.i.f. value Percentage share
Investment Code 33,880 28.6
Special imports 56,537 47.7
partly duty-free 20,793 17.5
totally duty-free 35,744 30.2
External financing 27,007 22.8
partly duty-free 193 0.2
totally duty-free 26,814 22.6
Diplomatic privileges 947 0.8
partly duty-free 574 0.5
totally duty-free 372 0.3
Grants and aid 127 0.1
Total 118,498 100.0
Percentage of imports 0.38 n.a..
Source: Burkina authorities.
22. Partial exemption is allowed and applied by systematically reclassifying inputs imported by
approved enterprises into Category I taxed at 11 per cent, (as against 15 or 37 per cent for the othercategories).  With effect from 1 January 1999, the date on which the WAEMU categories will enter
into force, such reclassification will be inconsistent with the rules of the Union.  Pursuant to the
Investment Code, equipment, machinery and spare parts to be used for approved projects are either
totally or partially exempt from customs duties (see Chapter II(4)(ii));  in 1996, exemptions under the
Code represented 29 per cent of all exempt imports.  Tariff and fiscal exemptions are also allowedunder the Mining Code (Chapter II(4)(ii)).
(iv) Rules of origin
23. According to Article 21.2 of the Burkina Faso Customs Code, a product's origin is the country
where it was harvested, taken from the soil or manufactured.  The Ministry of Finance's Order,
mentioned in Article 21.3 of the Code, which should determine the origin of products harvested, taken
from the soil or manufactured in a country and then processed in another country, has not yet beenissued.  Consequently, Burkina Faso does not have any domestic rules on the origin of such goods.
24. Rules of origin do exist (for the purposes of preferential treatment) in the trade agreements
signed by Burkina Faso.  In the ECOWAS and the WAEMU, these are based on the percentage of
local imports used or the percentage of national value added in the final product (Chapter II.5(ii)(b)
and (c)).  New rules of origin based on the provisions of the WTO Agreement should come into effectin the WAEMU in the year 2000.  Under the Lo mé Convention, full processing (goods wholly
produced locally) or sufficient processing (change of tariff heading) of a product determines its origin
as being the ACP country where the proces sing took place (Chapter II(5)(iii)).WT/TPR/S/46 Trade Policies Review
Page 34
(v) Anti-dumping, countervailing and safeguard measures
25. Burkina does not have any domestic legislation on anti-dumping13,  countervailing or
safeguard measures, has never applied any anti-dumping or countervailing measure.
26. According to Article 6 of the WTO Agreement on Textiles and Clothing, Burkina has the
right to apply the transitional safeguard mechanism pr ovided.  It has not reserved the right to apply
the special safeguard clause provided in Article 5 of the WTO Agreement on Agriculture.Nevertheless, a similar measure providing for reference prices and a 7.5 per cent surtax has been in
effect for sugar imports since March 1998 (Chapter IV.(2)(ii)(d)).
(vi) Prohibitions, quantitative restrictions and licensing
27. Burkina has dismantled most of the quantitative restrictions on imports.  The only
prohibitions that remain in effect have been imposed for reasons of security or compliance withinternational agreements signed by Burkina (for example, the Montreal Protocol). Products banned for
security reasons can nonetheless be imported under a Special Import Authorization (ASI) subject to
approval by the Ministry of Regional Administration in the case of civilian weapons and ammunition
and the Ministry of Defence for military explosives and articles.  No other goods currently require an
ASI;  the restrictive ASI imposed on rice was lifted in 1996 and that on sugar was abolished in March1998 (Chapter IV.(2)(ii)(d)).
14  In 1997, the cost of obtaining an ASI was CFAF 2,000.
28. Imports whose f.o.b. value is CFAF 500,000 or more are subject to a Prior Import Declaration
(TPI) under the Import Verification Programme (preshipment inspection).15
29. Administrative formalities relating to the DPI can be carried out on the same day at a singlewindow (at the Ministry of Trade).  In 1997, the cost of the DPI for an importer was CFAF 300.
Neither the ASI nor the DPI can be transferred and they are valid for six months, which may be
renewed once upon request.
(vii) Standards and ecological and other technical requirements
30. Burkina does not have any domestic standards nor a national standardization institute.  A
standardization body should, however, be set up during 1998.  Its legal status has not yet been
precisely defined;  it could become part of the National Foreign Trade Office (ONAC,
Chapter II.(2)).
16  The programme also provides for the approval of laboratories to the ISO 9000
Standard.  For the time being, the Inspectorate-General of Economic Affairs is responsible for
technical regulations, standards and conformity assessment procedures.
31. The standards used in Burkina are either foreign (e.g. those of the French Standardization
Agency) or international (e.g. the standards of the Codex Alimentarius).  The number of products
subject to technical standards and regulations fell from 40 to 10 in 1995 and now comprises:  coldcuring/vulcanizing glues;  preserved foodstuffs of animal origin;  wheat flour;  edible vegetable oils;
pesticides, insecticides and by-products;  milk;  type R6 or R20 saline electric batteries;  tyres and
                                                     
13 WTO document G/ADP/N/1/BFA/1.
14 See Notice to Importers No. 6-020/MCIA/CAB of 18 October 1996 for rice and Notice to Importers
No. 98-002/MCIA/SG/DGC of 2 March 1998 for sugar.
15 WTO document G/LIC/N/3/BFA/1 of 11 February 1997.
16 The standardization body was set up on 17 June 1998 under the ONAC.  However, it is not yet
operational.Burkina Faso WT/TPR/S/46
Page 35
inner tubes;  rice;  granulated and powdered sugar.17 These products receive a national conformity
certificate issued by the service responsible for quality and metrology.  Inspection covers their quality,
weight, quantity, packaging and labelling and may be carried out on samples.18 In cases of non-
conformity, the import, sale and distribution of the product in Burkina are prohibited.
32. The fee for issuing a certificate and costs of analysis and testing and for marking - a national
conformity mark is affixed on the products - are paid by importers or domestic producers. Pending thefixing of these charges, a standing charge is currently imposed.  It amounts to the following:  CFAF 1
per kilogramme or litre for rice, sugar, milk, flour,  preserved foodstuffs of animal origin and edible
vegetable oils; CFAF 25 to 50 for inner tubes and tyres; CFAF 50 per kilo or litre for vulcanizing
glues, insecticides and by-products;  CFAF 0.50 per battery.  Tests take a maximum of one week;
tests carried out by foreign laboratories are acceptable (this is the case since 1994 for Europeancountries whose exports to Burkina are accompanied by a certificate).  Random checks are carried out
in markets subsequently on the other products.
33. In 1997, Burkina adopted an Environment Code.
19 The following are the basic principles of
this Code: fighting desertification, ensuring heal thier and better living conditions, implementing
international agreements ratified by Burkina Faso on environmental conservation, and prevention andmanagement of disasters.  The Ministry of the Environment and the Ministry of Mining collaborate in
implementing some of these measures (Chapter IV(3)(i)).  Burkina has ratified the Montreal Protocol
and its London and Copenhagen Amendments regulating the use of freon and gases harmful to the
ozone layer.  Products containing such substances are subject to a Special Import Authorization.
20
Batteries containing mercury may not be imported.  An Order also bans the import of asbestos-based
products.
34. The "Kiti"21 AN-IV 458 bis/CNR/CAPRD of 31 July 1987 de fines control measures for
certain pre-packaging.  Packaging allows bags of cement for export (free of tax) to be distinguished
from those sold on local markets.
(viii) Government procurement
35. Burkina Faso is not an observer or signatory to the Uruguay Round Plurilateral Agreement on
Government Procurement.   Decree 96-059/PRES/PM/MEF of 7 March 1996 governs procurement bythe central authorities, State enterprises and local and regional authorities.
22 The Central Directorate
for Government Procurement (DCMP) of the Ministry  of Finance is responsible for implementing this
Decree;  its task is to facilitate and supervise all the procedures for the award of Government
contracts.  It also acts as the standing secretariat of the Arbitration and Conciliation Commission
dealing with disputes related to government procur ement.  Committees for the allocation of contracts
have been set up within ministerial departments and regional authorities, and State and parastatal State
                                                     
17 Decree 96-0064 of 18 October 1996 and WTO Document G/LIC/N/3BFA/1 of 11 February 1997.  A
national conformity certificate was established by Decree 94-014/PRES/PM/MICM/MPFL of 6 January 1994.
18 Products imported on a regular basis are subject to monthly tests of samples taken from importers.
19 Law No. 005/97/ADP of 30 January 1997 on Burkina Faso's Environment Code and Decree 97-
110/PRES of 17 March 1997 enacting this Law.
20 These relate to the following tariff positions:  29 03 29 00 (freon), 84 18 61 00 (air conditioners for
automobiles and lorries), 84 18 10 00 ( refrigerators), 84 18 30 00 (freezers), 84 15 50 00 (dehumidifiers),84 18 69 00 (water coolers, ice-making machines, air conditioning devices and heat pumps), 38 08 10 10
(aerosols other than those used for medical purposes), 84 24 10 10 (portable fire extinguishers), 84 14 30 00
(R12 compressors).
21 Kiti means law.
22 Orders 029, 030, 031 and 032 by the Minister for Finance in 1996 define the measures for
implementing this Decree.WT/TPR/S/46 Trade Policies Review
Page 36
enterprises in which the State is the majority shareholder have set up internal committees for awarding
contracts.
36. Procurement below an amount CFAF 1 million only requires a straightforward order form.  A
letter of contract is required for purchases of more than CFAF 1 million but not exceeding
CFAF 15 million:  these purchases are supervised by the Procurement Committee in each Ministry or
State company;  at least three suppliers must be approached to submit sealed bids.  Orders for overCFAF 15 million must comply with the full government procurement procedure and are therefore
under the supervision of the Central Directorate for Government Procurement.  The form of
procurement most commonly used is tendering open to all enterprises established in Burkina Faso;
foreigners may bid if the contract involves special features that require foreign competence or is
financed by foreign funds.  Restricted tendering is only permitted (subject to authorization by theDCMP) if the necessary competence is only possessed by certain companies.  Bids may be pre-
selected if the contracts concern public works.  The award of contracts by private agreement can only
take place if the bidding procedure is not successful, there is an emergency or the higher interests of
the State have to be protected.
37. A preferential margin of 10 per cent of the adjusted price is given to domestic enterprises;  the
margin is 5 per cent if there is a joint bid in which 40 per cent comes from a national body.  The
margin rises to 15 per cent if the bid comprises Burkina value added.  A margin of 7 per cent of the
technical brief is given to national firms in the professional services sector;  this preferential margin
falls to 5 per cent if at least 20 per cent of the bid involves subcontracting by a national enterprise.
23 In
order to exercise some control over exemptions, all government procurement contracts are awarded
"including all taxes", unless a specific exemption is given by the Minister of Finance;  in the case of
procurement financed from outside, for accounting purposes, the duties and taxes are listed in thenational budget.
38. Government procurement contracts worth CFAF 15-500 million (inclusive) are signed by the
Minister of Finance or the Chairman of the Gove rning Body (where appropriate), following proposals
by the competent Procurement Committees;  the approval of the Council of Ministers is required for
contracts exceeding CFAF 500 million.  Works and supplies represented over 80 per cent of the valueof government procurement contracts awarded between 1994 and 1996 (Table III.3).
Table III.3
Trend in government procurement, 1994-1996
(CFAF billion)
1994 1995 1996
Works 14.9 11.7 6.8
Supplies 8.8 5.5 12.7
Services 0.6 3.1 0.5
Total 24.3 20.3 20.0
Source:  Burkina authorities.
                                                     
23 In general, in Burkina Faso government procurement contracts always comprise a foreign element
because local enterprises are not in a position to carry out contracts alone.Burkina Faso WT/TPR/S/46
Page 37
(ix) Local content requirements
39. Enterprises wishing to take advantage of the special benefits provided in Article 28 of the
Investment Code (Chapter II(4)(ii))24 in order to expand must use at least 50 per cent (in value or in
quantity) of local raw materials.  Exporting ente rprises using local raw materials accounting for at
least 80 per cent of the raw materials used in their manufacturing are given a 75 per cent reduction in
industrial and commercial profits tax instead of the 50 per cent usually granted.
(x) Countertrade
40. There were official countertrade agreements with China, Sao-Tomé et Principe and Ghana
until 1985.  According to the authorities, these agreements were ended and since then there has been
no further countertrade.
(xi) Other measures
41. According to the authorities, no agreements have been signed with foreign governments or
enterprises with a view to influencing the quantity or value of goods or services exported to
Burkina Faso.  The authorities are not aware either of any such agreements between domestic and
foreign enterprises.  In addition, the WTO Secretar iat is not aware of any measure taken by Burkina
for balance-of-payments purposes.
42. Burkina Faso applies the international trade sanctions agreed by the United Nations Security
Council or the regional organizations to which it belongs.
(5) MEASURES DIRECTLY AFFECTING EXPORTS
(i) Regulations
43. The registration formalities applicable to imports of goods for commercial purposes also
apply to exports; they confer the status of trader.  Specifically, an export declaration must be made to
the customs for all exports;  this allows the custom s authorities to monitor exports in order to be able
to compile foreign trade statistics.
44. Export operations involving more than CFAF 3 million must be domiciled with an approved
bank.  All export earnings must be repatriated and converted into CFA francs within 120 days
(Annex I.1).
(ii) Export duties and taxes
45. Almost all export duties and taxes were abolished in 1991;  the statistical tax on exports was
abolished in December 1993.25  In Burkina, the only export taxes still in effect are the Special
Contribution to the Livestock Sector (CSE) imposed on both exports and domestic sales of livestock
products (Chapter IV(2)(ii)(f)).
                                                     
24 The proportion of elements of national origin is determined as a percentage of all the raw materials
directly used in manufacturing.
25 Law 28/93/ADP of 2 December 1993.WT/TPR/S/46 Trade Policies Review
Page 38
(iii) Export licensing, prohibitions and other measures restricting exports
46. Since July 1995, the export of raw sheep and goat hides and skins has been suspended.  Shea
nuts and cereals such as sorghum, maize, cowpea and rice26, must have a Special Export
Authorization for purely statistical purposes, according to the authorities.  Export of ivory is
prohibited in accordance with international provisions on the protection of elephants.27  Burkina Faso
does not have any voluntary export restraint measures and did not sign the Multifibre Arrangement.
(iv) Export subsidies
47. According to the authorities, Burkina Faso does not subsidize any exports of goods or
services.28
(v) Duty and tax concessions
48. Pursuant to Article 26 of the Investment Code, amended by Law N o. 015/97/AN of 17 April
1997, new enterprises exclusively devoted to export (i.e. at least 80 per cent of whose total production
is exported)29 benefit from the following:  total exemption from customs duties and taxes on
equipment, machinery and spare parts, the machinery and materials to build their plants, and special
vehicles needed for their operations;  total and permanent exemption from all duties and taxes on theraw materials directly used for production or consumed in the form of non-recoverable packaging;
and total exemption from domestic taxation on equipment manufactured locally.  Table II.2 provides a
more exhaustive list of the benefits given to expo rting enterprises, including those related to their
operations (e.g. total and permanent exemption from various taxes and charges).
30
49. Exports are subject to a zero-rated VAT to allow reimbursement of any VAT on imports andproduction factors used to manufacture the goods exported.  In order to simplify administrative
formalities, the reimbursement procedure is restricted to VAT credit exceeding CFAF 250,000 andtakes around one month;  failing this, the VAT credit may be carried over.
(vi) Export promotion, financing and assistance
50. The National Foreign Trade Office (ONAC) is responsible for promoting exports through the
information it makes available to the public, inter alia  on business opportunities and cheaper sources
of supply for raw materials, machinery and equipment.  The ONAC publishes a fortnightly "ONACLetter";  seminars and workshops are organized on particular subjects and commercial English
courses are given, followed by study trips to Ghana.  ONAC also coordinates Burkina Faso's
participation in international fairs and exhibitions and in their organization in Burkina Faso.  It is
financed from the national budget and its services are free.  Flat-rate fees are, however, paid by
participants for activities such as courses and study trips.
51. The possibility of setting up export credit insurance, standardization and quality control
structures, as well as of strengthening the documentation centre and diversifying means of transport,
                                                     
26 Order No. 96-012/MCIA/SG/DGC of 29 February 1996.
27 WTO document G/LIC/N/3/BFA/1.
28 WTO document AGST/BKF.
29 Sales by exporting enterprises in the national cust oms territory (not exceeding 20 per cent of the total
production) are assimilated to imports and are therefore subject to import duties and taxes.
30 Exemptions do not include taxes on services supplied and do not cover office material, paints, liquid
hydrocarbons and their non-gaseous by-products utilized as fuel or lubricants, cement, plaster and computerequipment.Burkina Faso WT/TPR/S/46
Page 39
are being studied with the support of UNCTAD and the European Union.  A study of sectoral
potential and market awareness has also been carried out.
(vii) Other provisions
52. Burkina Faso is planning to set up free zones.  There are no voluntary-export restraints in
Burkina.  There is no legislation prohibiting the establishment of export cartels.  Consequently,
associations of exporters such as that for fruit and vegetables and the Union of agricultural andmarket-garden cooperatives (Chapter IV(2)(ii)(e)) may be considered export cartels.
(4)
OTHER MEASURES AFFECTING PRODUCTION AND TRADE
(i) State trading, state enterprises and privatization
53. One of the components of the structural adjustment plan supported by the IMF and the
World Bank is the privatization programme under way since 1991.  In 1994, a PrivatizationCommittee was  set up (between the two phases of the programme)
31;  it is responsible inter alia  for
proposing to the Government a list of enterprises to be privatized, drawing up draft legislative and
regulatory texts, and overseeing the privatization procedure.  During the second phase of the
programme, which commenced in July 1994, the State decided to reserve 3 per cent of the capital of
each company to be privatized for employees wishing to purchase shares.  Employees also receive a 5per cent reduction in the cost of transferring shares and are given the possibility of paying by
instalments (over a maximum of five years).
54. The first phase of privatization involved 22 enterprises and began in July 1991.  By
December 1997, 15 had been privatized, two had been withdrawn from the list, one was awaiting a
court ruling, two were in the process of being privatized and two had been wound up.  The second
phase involves 20 enterprises, of which only three had been privatized by December 1997.  Five
enterprises had been wound up.
32  In all, only 40 per cent of the planned privatization has taken place.
The lack of local purchasers, due to the limited development of the private industrial sector, and the
performance of certain consulting firms are two factors which helped to delay implementation of the
programme.
55. The privatization programme has brought in almost CFAF 10 billion, of which the State has
already received some CFAF 9 billion.33  For privatized enterprises as a whole, investment has risen
from CFAF 2.35 billion in 1992 to CFAF 5.56 billion in 1996.34
56. Three-year contract plans have been signed by the State-owned enterprises to be reorganized,the State, the employees of the enterprises and the main investors.  These contract plans set out the
commitments by the State and by the enterprises, as well as the prices of the goods or services
supplied.  The implementation of these provisions is monitored by an interministerial committeewhich meets at least once a year.
                                                     
31 Decree No. 94-411/PRES/PM/MICM/MEFP setting out the competence, composition and
functioning of the Privatization Committee.
32 The following enterprises were wound up during the privatization programme:  SINAC, FASO
YAAR, Faso Tours, SONACIB, CSPPA, ONAVET, SOBEMA, COMIKI, CNA.
33 Balance sheet on 11 August 1998.
34 The 1994 devaluation was a contributing factor to this performance.WT/TPR/S/46 Trade Policies Review
Page 40
57. Fifteen of the State enterprises that are still op erating are deemed to be strategic, i.e. State or
parastatal enterprises of national interest.35  Such enterprises must meet at least one of the following
criteria:  enterprise obliged to supply a service;  enterprise supplying a public service;  enterprise
whose activities concern national sovereignty or security;  enterprise whose activities make a decisive
contribution to development and social stability.  These enterprises often enjoy a monopoly
(Table III.4).  They may, however, be privatized:  this is currently the case for Air Burkina, ONATEL,SONABEL and ONEA.
Table III.4
State enterprises and privatization, December 1997
Enterprise Activity State
share-
holdingShareholding
privatized or to
be privatizedComments
PRIVATIZED ENTERPRISES
FIRST PHASE
SIFA Bicycles et motorcycles 25% 7% Partial privatization, 1993
SBCP Tannery .. 49% Partial privatization, 1992
SBMC Leather articles .. 51% Privatization, 1992
FASO PLAST Plastic articles 7% 27% Partial privatization, 1993
CIMAT Cement production 22% 61.77% Partial privatization, 1993
SOBBRA Beverages .. .. Total privatization, 1991
GMB Flour 25% 43.7% Partial privatization
FLEX FASO Export of fruit and vegetables 25.33% 69.77% Partial privatization
SCFB Rail transport .. .. Concession, 1995
SONAR Insurance 25% 27.8% Privatization, 1993
ZAMA PUBLICITE Advertising agency 25% 75% Privatization, 1993
SONAPHARM Pharmaceutical wholesaler 8% 43.6% Privatization, 1993
BRAKINA Beverages .. 9.43% Total privatization
SOBCA Infrastructure credit .. 18.88% Capital increase
SECOND PHASE
RNTC X9 Public transport 25% 75% Partial privatization,1996
SHSB-CITEC Oil mills .. .. Total privatization, 1997.
BURKINA & SHELL Petroleum products 25% 26% Partial privatization, 1997
Leasing-sales
ENTERPRISES BEING PRIVATIZED
SOCOGIB Building and management of property 95.77% ..
CNEA National agricultural machinery centre 100% ..
SOPAL Production of alcohol from molasses 5.35% 82%
SONACAB Production of tiles 99.86% ..
SAVANA Processing of agri-food products 94.34% ..
SOSUCO Sugar production 30.6% 52% Monopoly
SONACOR Marketing of rice 90.83% ..
FASO FANI Textiles 52.34% ..
SLM Equipment leasing 99.90% ..
SOFIVAR Promotion of groundnut cultivation (SEM) 76.66% ..
INB Printing 100% ..
SNTB Forwarding 46% ..
AIR BURKINA Air transport 66% ..
ENTERPRISES REMOVED FROM THE PROGRAMME
MACEHOU Fruit, vegetables and cereals .. .. Awaiting review of a TPR
casea
FEED LOT COMOE Animal feed .. .. Transferred to the ministry
responsible for scientificresearch
FRUICEMA Fruits, vegetables and cereals .. .. Transferred to the ministry
responsible for scientificresearch
STRATEGIC ENTERPRISES
SONABEL Electricity 100% .. Production and distribution
monopoly
ONEA Water and sewage 100% .. Monopoly
ONATEL Telecommunications 100% .. Monopoly
SONAPOST National Post Office 100% .. Monopoly
                                                     
35 Law 53/93/ADP of 20 December 1993.Burkina Faso WT/TPR/S/46
Page 41
Enterprise Activity State
share-
holdingShareholding
privatized or to
be privatizedComments
CMBP Burkina Precious Metals Company 100% ..
SOFITEX Textile fibres company 65% .. Processing and marketing
monopoly
CGP General price equalization fund for consumer
products and goods100% .. Elimination of the import
monopoly
SONABHY Hydrocarbons 100% .. Import and marketing
monopoly
CNSS National Social Security Fund 100% ..
CARFO Civil Service Autonomous Retirement Fund 100% ..
LONAB National lottery 100% ..
CENATRIN Information processing 100% ..
BUMIGEB Office of mines and geology 100% ..
SIBAM Arms and ammunition 71.90% ..
AIR BURKINA Air transport 66% ..
a Revolutionary peoples' courts.
.. Not available.
Source:  Burkina authorities.
(ii) Subsidies and other forms of production assistance
58. The Investment Code provides benefits according to the amount invested and the number of
permanent jobs created;  there are also other benefits , set out in specific provisions of the Code, for
enterprises using local raw materials (Chapter  II(4)(ii) and section 2(ix)).  The Mining Code also
offers benefits that vary accordin g to the nature of the activities.
59. Burkina has five industrial zones that are either partially or totally serviced.  The Kossodo
zone was set up in 1971 because the Gounghin zone in the same Ouagadougou area was saturated.
The industrial zone of Kossodo is the biggest in the country and occupies 181 hectares of which
one third does not yet have services due to lack  of financing.  The towns of Bobo-Dioulasso,
Koudougou and Banfora each have an industrial zone.  Industrial zones have paved roads, electricity,
telephone, sewers and water supplies.  At the end of 1997, the beneficiaries of sites in these zones had
not yet developed them .
(iii) Price regulation and competition policy
60. Prices and margins were regulated through direct fixing of prices, price approval or fixing of
profit margins.  In March 1991, approval procedures for locally manufactured products were
eliminated and a programme was introduced to reduce the number of imported products subject to
control of profit margins.  A temporary short-term price freeze was introduced in 1994 when theexchange rate of the CFA franc changed.  Three months later, in April 1994, the prices of a large
number of products were liberalized.
36  In December 1997, only five categories of goods were still
subject to price controls:  petroleum products, essential generic medicines, tobacco, cotton (producer
price), school materials and public utility tariffs (water, electricity, telephone).  Since 2 April 1998,
the price of petroleum products has been readjusted every two months37;  there is a floor price for
                                                     
36 Order 94-0085 bis /MICM/DGRS/DRC liberalizing prices and margins on products subject to control
and Order 94-110/MICM/SG/DGRS/DRC amending the aforementioned liberalization order.
37 Readjustment is decided by the Minister for Trade after consulting a committee composed of the
Inspector-General of Economic Affairs, the Directorate-General of Regulations and Statistics, the Technical
Secretariat for the coordination of economic and social development programmes, the Customs Directorate, the
Directorate-General of the Budget, and the Directorate-Ge neral of Energy and Mines.  There is a proposal to
reduce the adjustment period from four to two months and to broaden the committee to include other bodiessuch as the Treasury.WT/TPR/S/46 Trade Policies Review
Page 42
tobacco.  The prices fixed in the contract – plans are proposed by the investors or the ministries
responsible for the enterprises concerned and can be modified at their request.
61. Law 15/94/ADP governs competition in Burkina Faso and establishes a National Competition
and Consumption Commission.38  This Commission has been in operation since 27 January 1998 and
plays an advisory role. Under the above-mentioned Law, prices of goods and services are free and
determined solely by market forces.39  The Minister of Trade may nevertheless regulate prices when
competition on the local market is restricted by a monopoly or crisis situation, supply problems or
legislative or regulatory provisions.
62. Agreements that may have the effect of distorting competition are prohibited.  The abuse of a
dominant position (refusal to sell, tied sales, discriminatory terms of sales etc.) are also prohibited.
The seller is required to issue an invoice and inform his customer of the price and terms of sale.Loss-leader sales and discriminatory practices are prohibited.
63. All advertising containing allegations, suggestions or statements that are false or misleading is
prohibited.  The person responsible for the first marketing of a product or good must ensure that it
complies with the requirements in force.  It is fo rbidden to mislead a purchaser regarding the nature,
origin or essential qualities of a good, the quantities supplied, the risks of using the product, the testscarried out or the instructions for use.  It is also forbidden to adulterate foods, medicaments or
agricultural products;  medicaments are subject to a marketing authorization.  The Law also provides
for investigation procedures and sanctions where an offence has been committed.
(iv) Regional promotion measures and assistance to adjustment, research and development
64. The Investment Code provides for an additio nal two-year period of tax exemption for new
investment made at least 50 kilometres from urban centres (Chapter II(4)(ii)).  The information
available to the WTO Secretariat does not indicate any adjustment assistance.  Scientific research iscoordinated by the National Scientific and Techni cal Research Centre (CNRST).  The Environmental
and Agricultural Research Institute (INERA) carries out studies and tests to improve and develop
animal and plant production in Burkina;  the Livestock Development Fund (FODEL), partly funded
by the Special Contribution of the Livestock Sector, finances activities to improve the animal and
public health sectors, the management of agricultural land, forests and pastures, and production(Chapter IV(2)(ii)(f)).
(v) Measures for the protection of intellectual property rights
65. Industrial property rights in Burkina Faso are governed by the Bangui Agreement of
2 March 1997, also signed by Benin, Cameroon, Central African Republic, Chad, Congo,
Côte d'Ivoire, Djibouti, Gabon, Guinea, Guinea-Bissa u, Mali, Niger, Mauritania, Senegal and Togo.
The principal objective of this Agreement is to promote and protect inventive and innovative activity
in the signatory States.  The Agreement sets up a uniform regime for the protection of intellectual
property and, in particular, a single system for filing patent applications and registering utility models,
trademarks for products and services, and other industrial property rights recognized as valid by all
the signatory countries.
66. The African Intellectual Property Organization (AIPO), whose headquarters are in Yaoundé,
is responsible for administering this Agreement.  Since 1982, Burkina has had a National Liaison
Structure (SNL) with the AIPO.  This service is the administrative responsibility of the ministry in
                                                     
38 The implementing measures for this Law are set out in Decree 96-062/PRES/PM/MCIA.
39 The competition law does not cover financial services or the professions.Burkina Faso WT/TPR/S/46
Page 43
charge of industry and its task is to centralize and transmit to the AIPO applications for the protection
of industrial property rights;  it also informs the public and promotes awareness.  The SNL receives an
annual grant from the AIPO and the latter issues intellectual property titles.  Since independence, 11
patents have been filed in Burkina (seven of them under the Bangui Agreement), despite the annual
subsidy granted since 1986 to cover the costs of filing and the first renewal fee for five national
patents.
67. Copyright is protected under Order No. 83-016/CNR/PRES of 29 September 1983.40  T h e
Burkina Copyright Office (BBDA), which is a professional public body under the Ministry of Culture,
is responsible for protecting the material and moral interests of the creators of literary and artistic
works.41  The BBDA has drawn up a communications plan in order to increase public awareness of
the concept of copyright42;  it also has activities aimed at providing copyright information in
professional colleges (police, customs, gendarmerie , judiciary, financial authorities).  It is cooperating
with a small group of magistrates and hopes that there will soon be lawyers specializing in copyright
law. Collaboration with the customs should be strengthened by the forthcoming publication of a
ministerial decree.
68. Work is in hand at the AIPO to bring the current provisions into line with the obligations of
WTO Members contained in the Uruguay Round Agreement on Trade-Related Aspects of Intellectual
Property Rights (TRIPS) (Box III .1).  On 23 August 1975, Burkina acceded to the 1967 Stockholm
Convention establishing the World Intellectual Prope rty Organization (WIPO);  it has not yet ratified
the Agreement on Neighbouring Rights signed under WIPO auspices.  It has also acceded to other
international agreements in the intellectual property field, in particular the Paris, Bern, Lisbon, Rome,
Geneva, The Hague and Nice Conventions, but has not yet ratified the Florence and Nairobi
Conventions on exemption from customs taxes for artistic productions.  It has signed the 1994Trademark Law Treaty and the 1989 Treaty on the International Registration of Audiovisual Works,
as well as the Patent Cooperation Treaty (Washington, 1970).
69. Counterfeiting mainly concerns medicines, audio tapes, sports articles, clothing and beauty
products;  according to the authorities, these come from abroad.  The increased price of imports
following the devaluation of the CFA franc led to a rise in consumption of counterfeit medicines.  In
order to remedy this, it was decided to abolish customs duties on pharmaceutical products;  there are
no import duties on essential generic medicines.
43  There is a national committee to combat fraud and
counterfeiting, but it only has limited means at its disposal.  Moreover, counterfeit goods may only be
held at the border if the holder of the right concerned lodges a complaint.
                                                     
40 Decree No. 85-037/CNR/PRES/INFO of 29 January 1985 establishing the Burkina Copyright Office
(BBDA).  Order No. 94/0121 sets out the copyright fees applicable in Burkina and another instrument,Order 94-004, deals with the distribution of these fees.
41 There is currently a draft framework law on copyright and neighbouring rights, which has been
drawn up in close cooperation with the WIPO;  it should  be submitted to the National Assembly for adoption in
November 1998.
42 The BBDA is currently seeking financing in order to implement this plan.
43 Laws 6/94/ADP and 7/94/ADP of 11 May 1994.WT/TPR/S/46 Trade Policies Review
Page 44
Box III.1:  The Bangui Agreement on Intellectual Property
Patent legislation - Patents may relate to any new invention involving an inventive step and industrially
applicable;  plant varieties, animal species and essentially biological processes for the breeding of plants or
animals, other than micro-biological processes, cannot be  patented.  The protection of plant varieties is laid
down in Article 27.3(b) of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
Layout designs of integrated circuits are not currently protected.  Patents are protected for a period of 10 years
which may be renewed twice for periods of five years.  As renewal is not automatic, the period must be brought
into conformity with the provisions of the TRIPS Agreement, which provides for a 20-year period for the
protection of patents counted from th e filing date.  There are also divergences with respect to the granting o f
compulsory licences, which may be issued where th e working of the patented invention is prevented by
importation of the protected product.  According to Article 27.1 of the TRIPS Agreement, patent rights may beenjoyed without discrimination as to the place of invention of the product.  Similarly, Article 58.2 of Annex I tothe Bangui Agreement concerning counterfeiting when ther e is no local working is not consistent with the
provisions of Article 27.1.  The provisions regulating the granting of compulsory licences on public interestgrounds must also be brought into conformity with Article 31 of the Agreement.  Moreover, the Agreement
stipulates that the j udicial authorities shall have the authority to or der the defendant to prove that the process to
obtain an identical product is different from the patented process (Article 34).  Failing such proof, the process is
assumed to be counterfeited.  This provision does not appear in the Bangui Agreement.
Legislation with respect to trademarks - Trademarks and servicemarks are protected for a period of 10 years
from the date of application for registration, renew able indefinitely.  The TRIPS Agreement (Article 16.1)
provides for protection against identical or similar signs for goods or services which are identical or similar to
those in respect of which the trademark is registered where such use would result in a likelihood of confusion.  Inthe case of the use of an identical sign, a likelihood of confusion is presumed.  The Agreement also provides forincreased protection of well-known trademarks (Article 16.2) as well as protection against the use of identical orsimilar signs for products that are not similar.  These protections are not explicitly provided for by the Bangui
Agreement.  According to Article 19.1 of the TRIPS Agr eement, the registration of a trademark may be cancelled
only after an uninterrupted period of at least three years of non-use.  This period is five years under the BanguiAgreement (Article 22).
Copyright - Any original inte llectual, artistic or scientific work and a title thereof enjoy an exclusive incorporeal
property right enforceable against all persons.  The prot ection applies in particular to books and other writings,
lectures, addresses and other works of such nature, works created for the stage, musical works, pictorial works,
architectural works, maps and graphic reproductions, cinematographic, broadcasting and audiovisual works,photographic works and translations and arrangements of the above-mentioned works as well as folkloreproducts.
The TRIPS Agreement also provides protection for computer programs and compilations of data which by reason
of the selection or arrange ment of their contents constitute intell ectual creations (Article 10).  The Bangui
Agreement contains no corresponding provision.  The related rights stipulated in Article 14 of the TRIPSAgreement, such as the protection of performers, producers of phonograms (sound recordings) and broadcastingorganizations, do not appear in the Bangui Agreement either.
Industrial designs and other forms of intellectual property - the creator of any industrial design has the exclusive
right to its exploitation and sale under the Bangui Agreement.  The duration of the protection conferred by a
certificate of registration for an industrial design expires five years after the deposit of the application forregistration, but the registration may be renewed twice.  The TRIPS Agreement (Article 26.1) grants broaderrights, in particular with respect to imports.  The Bangui Agreement provides for the registration of trade names
for a renewable period of 10 years from the date of fili ng. Only registered names are subject to criminal
sanctions.  Appellations of origin are protected as such if they have been registered by the AIPO or are to be
treated as having been registered by virtue of an international convention to which Burkina Faso is a party.
Source:  WTO (1997 Report on the Trade Policy Review of Benin).