etls gap analysis – côte d’ivoire – december 2010...the private sector can use the report to...

ETLS Gap Analysis – Côte d’Ivoire – December 2010

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COTE D’IVOIRE: A GAP ANALYSIS OF ECOWAS MARKET INTEGRATION

West Africa Trade Hub Technical Report No. 40

Acknowledgements

The authors wish to express their gratitude to the numerous individuals in the countries that participated in this analysis who donated hours of their time to answer questions. This report could not have been produced without the able assistance and devotion of the teams that conducted interviews across the region: Ometere Omoluabi, Jane Owiredu-Yeboah, David Tanenbaum and the research assistance of Kwasi Osei-Kusi. Thanks also to the technical writing and editing team including Fred Levitan, Denise Awoonor-Renner, Ryan Yingling and Linda Vakunta.

DISCLAIMER

The authors’ views expressed in this publication do not necessarily reflect the views of the United States Agency for International Development or the United States Government.


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Table of Conten ts

Table of Contents .............................................................................................................................. 3

List of Figures.................................................................................................................................... 4

List of Tables..................................................................................................................................... 4

Abbreviations & Acronyms................................................................................................................. 5

Executive Summary........................................................................................................................... 6

1 Introduction and Background ................................................................................................... 8

1.1 Objectives and Methodology............................................................................................. 8

1.2 Legislative actions of the Ivorian Government ................................................................... 9

1.3 Côte d’Ivoire Trade Background........................................................................................ 9

1.4 How to Use This Study.................................................................................................... 11

2 Overall Findings..................................................................................................................... 13

2.1 Specific Findings Regarding Implementation of ETLS in Côte d’Ivoire ............................. 13

2.2 Private and Public Sector Responses to ETLS Protocol Implementation.......................... 14

2.3 Key recommendations for Côte d’Ivoire........................................................................... 15

3 Transport ............................................................................................................................... 16

3.1 Rules and Procedures on Transport ................................................................................ 16

3.2 Private and Public Sector Responses to Survey on ETLS Protocols ................................ 19

3.3 Implementation of ETLS Transport Protocols .................................................................. 23

3.4 Recommendations.......................................................................................................... 24

4 Movement of Goods .............................................................................................................. 26

4.1 Rules and Procedures on Movement of Goods ............................................................... 26

4.2 Private and Public Sector Responses to Survey on ETLS Protocols ................................ 29

4.3 Implementation of Free Movement of Goods................................................................... 33

4.4 Recommendations on Movement of Goods..................................................................... 35

5 Movement of Persons............................................................................................................ 37

5.1 Rules and Procedures on Movement of Persons............................................................. 37

5.2 Implementation of Free Movement of Persons ................................................................ 39

5.3 Recommendations.......................................................................................................... 40

6 Conclusions........................................................................................................................... 41

7 ANNEXES ............................................................................................................................. 42

ANNEX A: Documents that must be produced for Import and Export in Côte d’Ivoire ............... 42ANNEX B: COTE D’IVOIRE Trade Regulations Catalog .......................................................... 44ANNEX C: ECOWAS Templates versus National Templates ................................................... 49ANNEX D: Private Sector Survey Compilation......................................................................... 79ANNEX E: Axle Load Regulations ........................................................................................... 85


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Lis t o f Figures

Figure 1: Côte d’Ivoire Top Exports to ECOWAS ........................................................................... 11

Figure 2: Côte d’Ivoire: Public and Private Sector Reporting of Percentage Implementation of ETLS protocols on Transport, Movement of Goods and Persons .............................................. 14

Figure 3: Transport: Public Sector Reporting on Percentage Implementation of ETLS Protocols .... 19

Figure 4: Movement of Goods: Public and Private Sector Responses on Implementation of ETLS Protocols ........................................................................................................................ 29

Figure 5: Movement of Persons: Public and Private Sector Reporting of ETLS Implementation ..... 38

Lis t o f Tables

Table 1: Key Recommendations for Côte d’Ivoire ............................................................................. 15

Table 2: Rules and Procedures on Transportation ............................................................................ 16

Table 3: Implementation of ETLS Transport Protocols ...................................................................... 23

Table 4: Priority Recommendations on Transport ............................................................................. 24

Table 5: Rules and Procedures on Movement of Goods ................................................................... 26

Table 6: Implementation of Free Movement of Goods ...................................................................... 33

Table 7: Priority Recommendations on Free Movement of Goods .................................................... 35

Table 8: Rules and Procedures on Free Movement of Persons ........................................................ 37

Table 9: Implementation of Free Movement of Persons .................................................................... 40

Table 10: Priority Recommendations on Free Movement of Persons ................................................ 40


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Ab brevia tions & Acron yms

CET Common External Tariff

CFA Communauté financière d’Afrique franc

ECOWAS Economic Community of West African States

ETLS ECOWAS Trade Liberalization Scheme

ISRT Inter-State Road Transit Scheme

MOF Ministry of Finance

MOFA Ministry of Foreign Affairs

MS Member State(s) of ECOWAS

NTB Non-tariff barrier

RTIS Regional Transit Information System

SAD Single Administrative Document or Déclaration en Douane Unique (DDU)

UEMOA Union Economique et Monétaire Ouest Africaine (also known as WAEMU)

USAID United States Agency for International Development

VAT Value Added Tax

WAEMU West African Economic Monetary Union (also known as UEMOA)


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Executive Summary

Introduction

The essential features of the ECOWAS free trade area known as the ECOWAS Trade Liberalization Scheme (ETLS) are the free movement of transport, goods and persons within ECOWAS, including the removal of all tariff and non-tariff barriers to trade.1

� ECOWAS can use the tables and annexes provided within this report to update its website on implementation of the ETLS by Member States and to monitor Côte d’Ivoire’s progress.

The benefits of the ETLS for West Africa, when fully implemented would be – greater economic growth, more jobs and lower consumer prices. In the longer term, ECOWAS envisions progressing from a free trade area to a full customs union and eventually a common market to facilitate trade in the region. The free trade area, however, is a necessary precursor to these broader goals of enlarged local market, realizing economies of scale and strengthening bargaining positions in global negotiations, and in order for it to be effective, ECOWAS member states (Member States) need to implement the ETLS’s provisions uniformly.

The USAID West Africa Trade Hub undertook a gap analysis of the ETLS (Gap Analysis) to identify which aspects of the ETLS protocols are being implemented in individual Member States, and which aspects are not, and what public and private sector stakeholders view as the obstacles to implementation. The study included detailed research in Member States in order to provide a comprehensive presentation of the situation and offer recommendations for improvement.

USAID funded the ECOWAS-wide gap analysis of the ETLS implementation in nine countries in the sub-region. As part of this study, the Gap Analysis research team assembled a large volume of protocols, laws, forms and other documents that pertain to the ETLS rules and procedures. These documents were sometimes difficult to find, even for trade and customs experts.

The initial findings were published in May 2010 in one comprehensive report Gap Analysis–ECOWAS Free Trade Area: Preliminary Findings. The Gap Analysis research team also published drafts of individual country-specific reports. The research team subsequently undertook a validation trip to various countries to update its findings in relation to rules and procedures and fill outstanding gaps.

This report summarizes the Gap Analysis findings specifically in relation to Côte d’Ivoire following the validation process. This report should be read together with the comprehensive regional report, which contains a detailed introduction and complete presentation of the methodology for the study, as well as a comparison of how Côte d’Ivoire and other ECOWAS economies comply with ETLS protocols.

The Côte d’Ivoire Gap Analysis provides a framework for action that can be used by the Government of Côte d’Ivoire and ECOWAS to address the problems associated with the dysfunctional free trade area.

� Côte d’Ivoire’s government officials and donors can use this report to identify issues of transparency, information dissemination, technical capacity and legislative and/or regulatory changes necessary for full ETLS implementation.

� The private sector can use the report to better understand its rights and obligations when transporting goods through Côte d’Ivoire and to advocate for proper ETLS implementation.

1 ECOWAS or the Economic Community of West African States is a regional community of fifteen countries, founded in 1975.


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MethodologyThe Gap Analysis was a necessary stock-taking exercise intended to narrow the broad statements of the issues facing the ETLS and to pinpoint the specific rules and regulations that need to be modified, the ECOWAS Acts that need to be updated, and how to change poor implementation behavior.

The Gap Analysis relied on both a legislative analysis to see where trade laws and regulations stand in terms of aligning with the ETLS protocols, and surveys of the public and private sector to provide a realistic evaluation of the effectiveness of the ETLS implementation and related dissemination of information.

The Gap Analysis reviewed implementation of ETLS protocols, as well as survey respondents’additional observations on impediments to trade.

Results for Côte d’IvoireThree cross-cutting issues prevent the full operation of ETLS protocols in Côte d’Ivoire, and thesehave a direct impact on all aspects of intra-regional trade:

1. Public sector officials have insufficient or inconsistent information on the ETLSThe public sector in Côte d’Ivoire was generally knowledgeable about ECOWAS protocols on the movement of persons, goods and transport, however, more emphasis was placed on UEMOA rules and procedures.2

2. The private sector is sceptical of the ETLS and burdened by high and unpredictable trading costsBusinesses in Côte d’Ivoire stated that many meetings are planned regarding the free movement of goods and vehicles, yet no progress has been made to that effect. The political will to resolve these issues is still lacking.

3. Incomplete implementation of the ETLS causes significant barriers to increased tradeThe Côte d’Ivoire study found significant gaps between official reported policy and traders’ experience of bringing goods across the country’s borders. Inconsistent application of policies and procedures makes trading costs unpredictable, and discourages investment and business expansion.

Lack of implementation of specific ETLS protocols creates several major obstacles to trade in the region. These mainly have an impact on the transportation and movement of goods. Few issues arose with the movement of persons, and Côte d’Ivoire is nearly fully compliant in this area.

RecommendationsThe Côte d’Ivoire Gap Analysis study suggests a two-track solution to improve knowledge and implementation of ETLS protocols. First raise the trade community’s awareness of the ETLS protocolswhile simultaneously increasing trade officials’ capacity to understand and implement them. Second, the political will must exist to forego revenues gained from non-compliance with ETLS protocols, notwithstanding that tariffs have hitherto constituted an important source of revenue for customs operations, and to foster an environment of legality on the roads and at the borders. Ultimately, to make this work, neighboring countries need to do the same.

2 UEMOA, the Union Economique et Monétaire Ouest Africaine is a distinct economic sub-group which also exists within the ECOWAS region. This sub-group which comprises eight countries is a monetary and customs union with a common currency, the CFA franc. Its member countries are Benin, Burkina Faso , Côte d'Ivoire, Guinea Bissau, Mali, Niger , Senegal and Togo.


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1 Introduction and Background

1.1 Objectives and Methodology

ECOWAS and ETLSIn 1975, the 15 ECOWAS member states made regional integration their primary objective. The ECOWAS Trade Liberalization Scheme (ETLS) is a set of protocols that govern the movement of transport, goods and persons across the region.3

1. To assess whether the Member States have promulgated laws adopting the ETLS protocolsthereby ensuring that any disputes related to the ETLS can be supported in a court of law and whether those laws and regulations are easily accessible by the public;

The objective of the ETLS is to establish a customs union among Member States, which was to have been achieved over a period of 15 years starting from January 1990, the date upon which the ETLS entered into force. The ECOWAS customs union aims to eliminate customs duties and taxes having equivalent effect, removal of all non-tariff barriers (NTBs), and establish a common external tariff (CET). Now, some 20 years after the ETLS was launched, the level of implementation in each Member State remains inconsistent.

Implementing the ETLS would eliminate tariffs on both industrial and agricultural, goods originating in West Africa that are traded regionally through companies and transporters registered in the preferred trader program. Because the ETLS is not being fully implemented throughout the region, private sector firms are paying higher costs on both agricultural and industrial goods shipped in and out of their country. These costs stifle the integration of regional value chains and generally reduce the competitiveness of West African exports to global markets. Given the enormous economic benefit that a fully-functioning free trade area would provide, identifying obstacles to full implementation of the ETLS is of critical importance to ECOWAS.

Objectives for Gap AnalysisAs part of its support to ECOWAS the USAID West Africa Trade Hub, designed a study to assess progress in implementation of the ETLS protocols in nine Member States. The objectives of this ETLS gap analysis are:

2. To measure the level of implementation of ETLS protocols by the government agencies tasked with day-to-day implementation, both in the capital city and at border posts whichprocess goods being transported into and through each country; and

3. To identify the areas where changes to properly implement the ETLS will have the greatest impact on the competitiveness of West African products.

Methodology and Procedures for Gap AnalysisThe Trade Hub examined the implementation of ETLS protocols in Côte d’Ivoire from three perspectives:

1. Status of promulgation of the protocols in national legislation2. Degree of implementation of protocols from the private sector’s perspective3. Degree of implementation of protocols from the public sector’s perspective.

In Côte d’Ivoire, 17 companies and six governmental agencies participated in in-depth interviews in the capital city of Abidjan and at the Noe-Elubo (Ghana-Côte d’Ivoire) border. This analysis compares their responses in order to contrast the public sector’s understanding of how protocols are being implemented with the private sector’s experience in trying to move goods and vehicles through the

3 In this report, the terms ECOWAS Acts and ETLS/ECOWAS protocols are used to describe: ECOWAS Acts, Decisions of the Authority of Heads of State and Government, Regulations of the Council of Ministers, and secondary legislation – resolutions, recommendations and declarations.


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country. The team interviewed public officials at different levels of government to determine whether guidance on protocol implementation is disseminated effectively through the ranks.

The survey uses as its basis the Acts, Protocols, Decisions, Resolutions and Regulations signed by the Member States for the implementation of the ECOWAS free trade area.

Two Trade Hub teams conducted the Gap Analysis:

� A public sector team interviewed, among others, customs, foreign affairs and trade officials to determine which laws were being implemented in the areas of movement of vehicles, goods and persons across borders and recorded related issues encountered in the implementation process. The public sector team also retrieved sample documentation required for cross-border movement and collected related legislation and regulations.

� A private sector team interviewed, among others, unions, truck drivers and traders to determine whether they benefiting from full ETLS implementation; to assess their experiences at border posts in each of the three areas of this study; and to identify the issues they felt were most important.

1.2 Legislative actions of the Ivorian Government

The ECOWAS Treaty of 1993, via Articles 5 and 9, instructs Member States to implement the provisions of the Treaty, of which the ETLS protocols are an integral part. The ECOWAS Council of Ministers adopts Regulations further prescribing how the ETLS protocols should be implemented; such regulations carry equal weight once they are approved by a Decision of the Authority of Heads of States. Those decisions should be published in the national Official Gazette of each Member State within 60 days of publication by ECOWAS. Member States are also obligated to reconcile any conflicts between ECOWAS Protocols, Supplementary Acts, Decisions, etc., and national laws or regulations.4

The research team’s interviews with public and private sector officials in Member States have shown that publication and reconciliation of ETLS protocols with national laws does not always occur. In Côte d’Ivoire, ECOWAS or regional agreements typically go through the legislative process prior to becoming national law. However, under previous government regimes, i.e. during President Houphouët-Boigny’s terms, once the president signed the law at ECOWAS, the legislative process was effectively circumvented, and in most cases the law became automatically applicable upon signature by the president.

1.3 Côte d’Ivoire Trade Background

The Ivorian economy depends heavily on the agricultural sector as a majority of the population remains dependent on smallholder cash crop production. The main exports are petroleum, cocoa, coffee, pineapples, tuna, rubber, and tropical woods. Côte d'Ivoire produces 40% of the world’s cocoa crop. However, reliance on commodity exports exposes the economy to wide commodity price fluctuations and increases the need for diversification. To reduce the economic exposure to price variability, the government has encouraged export diversification and intermediate processing of

4 For further reference, the full ECOWAS Treaty can be found here: http://www.comm.ecowas.int/sec/index.php?id=treaty&lang=en.

CÔTE D’IVOIRE AT A GLANCE

Population 20,617,068

GDP (PPP) $ 35,803 billion3.8% growth

GDP Per Capita $ 1,700

Inflation (CPI): 1%

FDI Inflow US$353 million


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cocoa beans. In recent years, petroleum exports from newly discovered deposits have risen significantly and are now the country's top foreign exchange earner.

Direct foreign investment also plays a key role in the Ivorian economy, accounting for between 40-45% of total capital in Ivorian firms. France is overwhelmingly the largest foreign investor and accounts for about 25% of the total capital in Ivorian enterprises, and between 55-60% of the total stock of foreign investment capital. However, corruption is a major concern to most foreign investors. U.S. companies see corruption as a major obstacle to investment in Côte d’Ivoire. Corruption is believed to have the greatest impact on judicial proceedings, contract awards, customs, and tax issues.5

Compared with most of ECOWAS, Côte d'Ivoire has good infrastructure. There is a network of more than 8,000 miles of paved roads; established telecommunications services, including a public data communications network, cellular phones, and Internet access. Even more importantly for its role as a trade hub within the region, there are two active and functioning ports. Abidjan’s is the most modern in West Africa and the largest between Casablanca and Cape Town. A smaller port is located in San Pedro. There is regular air service between countries within the region and to and from Europe. Côte d’Ivoire’s strength as a commodity producer/exporter and excellent infrastructure has made it a focal point for the Union Economique et Monétaire Ouest Africaine (UEMOA)6. It accounts for about 40% of UEMOA’s economy and is the logistical hub of the region for trade within UEMOA and the EU-France.7

Côte d’Ivoire is currently ranked 146

Despite some impressive advantages, the last few years have not been kind to Côte d’Ivoire. The country, once seen as a haven of political stability and prosperity in West Africa, was divided by a civil war when northern rebels took up arms in 2002, dividing the country for five years, until a power-sharing deal was signed in 2007. Although the fighting stopped, Ivory Coast remained tense and divided, with French and UN peacekeepers patrolling the buffer zone which separated the north, held by rebels known as the Forces Nouvelles, and the government-controlled south. Elections, due since 2005, were postponed six times. A first round of elections in October 2010 was followed by run-off elections at the end of November which proved inconclusive, with both presidential candidates claiming victory. The two protagonists have formally established rival governments in the capital,setting a complex and dangerous precedent. Meanwhile there is broad regional and international consensus that northerner, Mr Ouattara is the rightful winner and the UN, France, the U.S. and ECOWAS have all urged Mr Gbagbo to step down.

th out of 178 countries on Transparency International’s Corruption Perception Index 2010, from 154th out of 180 countries from 2009.8

Côte d’Ivoire does not capitalize on its advantages very well as demonstrated by its low scores for business freedom, rates well in fiscal/trade/financial freedom and property rights. Overall, the countryscores very low in various measures of economic freedom and is considered “mostly unfree” by Heritage House.9

5 United States Trade Representative Report on Foreign Trade Barriers6 UEMOA, the Union Economique et Monétaire Ouest Africaine is a distinct economic sub-group which also exists within the ECOWAS region. This sub-group which comprises eight countries is a monetary and customs union with a common currency, the CFA franc. Its member countries are Benin, Burkina Faso , Côte d'Ivoire, Guinea Bissau, Mali, Niger , Senegal and Togo.7 ECOWAS EPA: “A Funeral Oration to Regional Integration” by Ken Ukaoha President, NANTSS

Côte d’Ivoire is not devising and implementing the right mix of economic and financial policies to take full advantage of its infrastructure and unique position as a vital link between Anglophone and Francophone Africa on the one side and Western Africa and the EU on the other.

The level of intra-ECOWAS trade is very low, despite all the measures taken for economic integration purposes. This low level of sub-regional integration is attributed to the low degree of implementation of the ETLS.

Côte d’Ivoire is an original signatory of both ECOWAS and UEMOA Treaties.

8 http://www.transparency.org/policy_research/surveys_indices/cpi/2010/resultshttp://www.transparency.org/policy_research/surveys_indices/cpi/2009/cpi_2009_table9 http://www.heritage.org/index/Ranking.aspx. The Heritage Foundation is an American research and educational think tank.https://www.cia.gov/library/publications/the-world-factbook/geos/iv.html


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Figure 1: Côte d’Ivoire Top Exports to ECOWAS

Source: ITC’s Trademap (www.trademap.org)

1.4 How to Use This Study

This study is divided into three sections: Transport, Movement of Goods, and Movement of Persons.Each section contains three tables. ECOWAS can use these tables and annexes to update its own website on ETLS implementation by Member States and to monitor Côte d’Ivoire’s progress toward meeting the terms of ECOWAS agreements. Côte d’Ivoire government officials and donors can use the tables to identify issues of transparency, information dissemination, and legislative and/or regulatory changes required for full ETLS implementation. The private sector can utilize the report to better understand its rights and obligations when transporting goods through Côte d’Ivoire and to advocate for proper ETLS implementation.

1. Table comparing rules and proceduresThe first table in each section compares ECOWAS protocols with the corresponding national laws, rules and procedures. Citations for laws are provided where available. All national laws and ECOWAS Acts have been truncated or paraphrased within the text for the sake of brevity.The legislation table also shows whether or not the national law is easily accessible by the public. A full chart of national legislation and or implementing regulations as they relate to the ETLS protocols can be found in Annex B.

2. Table of ETLS implementation and interview response summariesThe second table in each section lists ECOWAS protocols, and compares the public and private sector interview responses. In many cases, the responses on whether or not a protocol has been implemented differed significantly between the public and private sector, and also between the public sector in the capital and public sector officials stationed at the border. The table is color-coded for easy identification of problem areas. Action items are recommended, and the table includes a column for important issues that were reported during the interview process. The interview response compilations for the private sector can be found in Annex D.


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3. Priority recommendationsThe third table summarizes the top recommendations for action in each section, including the agencies responsible for effecting change.

Interview Result DiscussionsEach section also contains discussions of the interview results relaying what was reported by public sector officials as well as the private sector.

Annex C provides a direct comparison of cross-border trade documents retrieved in Côte d’Ivoire alongside the ECOWAS template for the same.


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2 Overall Findings

2.1 Specific Findings Regarding Implementation of ETLS in Côte d’Ivoire

Public sector officials have insufficient or inconsistent information on the ETLSThe public sector in Côte d’Ivoire was generally knowledgeable about ECOWAS protocols on the movement of persons, goods and transport, however, more emphasis was placed on UEMOA rules and procedures. Interviews with the Ministries of Cooperation and African Integration, Transport and Customs, in Abidjan and at the Côte d’Ivoire border confirmed this. Customs activities are in line with UEMOA directives, because the UEMOA Customs Code is used side by side with the Ivorian Customs Code. In the area of transport, the private sector claimed proper implementation, while the public sector contradicted most of those findings.

The private sector is sceptical of ETLS and burdened by high and unpredictable trading costsOrganized transit companies and manufacturers in Côte d’Ivoire have taken the initiative to begin dialogue with the public sector and representatives from other ECOWAS member states on issues concerning free movement of goods by road transport. Businesses in Côte d’Ivoire were disappointed that many meetings have been planned regarding the free movement of goods and vehicles, yet no progress has been made to that effect. The political will to resolve these issues is still lacking.

Incomplete implementation of the ETLS creates significant barriers to increased tradeThe Côte d’Ivoire study found significant gaps between official reported policy and traders’ experience in bringing goods across the country’s borders. The most significant gaps are the ever-present non-tariff barriers that include seasonal, quota and quantity restrictions, escort fees, and the myriad of taxes and fees required that make trade more expensive, and increase costs for manufacturers, transporters and others involved in import/export.10

10 Non-tariff barriers to trade (NTBs) are trade barriers that restrict imports but are not in the usual form of a tariff. Some common examples of NTBs are import bans, general or product-specific quotas, seasonal import regimes.

Worse, inconsistent application of policies and procedures makes trading costs unpredictable, and discourages investment and business expansion.


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2.2 Private and Public Sector Responses to ETLS ProtocolImplementation

The figure below shows, in adjacent columns, private sector and public sector responses to the implementation of the ETLS protocols.

Figure 2: Côte d’Ivoire: Public and Private Sector Reporting of Percentage Implementation of ETLS protocols on Transport, Movement of Goods and Persons

TransportEvery transit truck from Abidjan to Pogo (Ivorian border town with Mali) is required by governmental mandate to purchase a Ticket de Convoyage—CFA 100,000 (approx US$200) for loaded trucks or CFA 14,220 for empty trucks—from Office Ivoirien des Chargeurs (OIC) agents.11

11 Office Ivoirien des Chargeurs are the Ivorian Shippers’ Council).

This certificate is supposed to allow drivers to travel through uniformed checkpoints in the south of the country without paying informal fees. The Forces Nouvelles, which control the north, require an additional certificate costing CFA 28,500 to be purchased. Interviews reflect that most of the ETLS protocols regarding transport have not been implemented in Côte d’Ivoire. In fact none of the ISRT documents or protocols is being followed. This lack of harmonized application in relation to the ETLS handicapstransporters originating from Côte d’Ivoire. To simplify and harmonize the trade and transport process for the region, Côte d’Ivoire needs to step up its implementation, which will reduce the cost and delays of goods travelling from the port to inland countries and increase its port activity.

Movement of GoodsProtocols regarding the movement of goods appear to be implemented more consistently. ETLS approved firms must leave trucks at the border and go to Abidjan with their paperwork to benefit from duty free access, and then return to pick up the truck at the border. All seafood needs a certificate of origin. The private sector often reported inconsistent application of duties, document requirements and other processes at the border. They also reported the prevalence of non-tariff barriers, such as seasonal restrictions on import or export of select products, which hamper trade and contravene the ETLS protocols.

Côte d’Ivoire publishes government import approval via Régime d’Agrément for meats, fish, maize, rice, oil seeds, seeds for fruits, and pharmaceutical products. Goods subject to published import quotas include minerals oils and cotton.


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Movement of PersonsOnly one of ECOWAS’ protocols covering the movement of persons seems to be functioning admirably, according to both the public and private sectors. The movement of persons across borders without the need for a visa occurs on a consistent basis.

Based on the survey results, the research team evaluated the gaps and ranked them by their effect on restricting or discouraging trade. The table below shows the priority recommendations for addressing the gaps identified in Côte d’Ivoire:

2.3 Key recommendations for Côte d’Ivoire

Table 1: Key Recommendations for Côte d’Ivoire

Priority Topic Action By Whom

1ISRT Bond Guarantee System

Implement bond system for transit operations in the ECOWAS region.

a) National Guarantor and customs offices

b) ECOWAS monitoring and imposing sanctions for improper application

c) Trade Hub hotline for reporting

2Road Harassment/Axle load limit/Vehicle Inspections

National governments spot check monthly the elimination of illegal road stops and enforce bi-annual inspections.Inspection stations also ensure the vehicles are standard (before loading) weight, height, length etc. in addition to roadworthiness.

National Transport Offices

3 Harmonize goods-processing documentation

ECOWAS to review requirements with Côte d’Ivoire, revise as necessary, and Côte d’Ivoire to implement ECOWAS-only border documentation.

ECOWAS and Member State customs offices

4Information dissemination to the general public

Post signs at all borders on goods processing procedures in both English and French, fees if applicable, and documents necessary. Utilize pictures and numbers for those who may not read French or English. Update websites.

National customs agency with donor assistance


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3 Transport

The ETLS addresses a broad range of transport issues that affect trade, including: documentation, insurance, vehicle dimensions, standards and safety and inter-state transit of goods among Member States.

In Côte d’Ivoire, the Trade Hub gathered and analyzed information regarding the implementation of ETLS protocols on transport, which is presented below. First, a table of transport rules and procedures compares ECOWAS protocols with Ivorian law on several critical issues. The table notes whether the Ivorian laws are compliant and whether they are easily accessible to the public, either in hard copy or electronic form.

Next, interview results are presented, with brief discussions of each issue, and also in chart and table forms that compile and compare the perception of ETLS implementation across the public sector (both in Abidjan and at the Noë/Elubo border post) with the experience of private sector traders.

Finally, the top recommendations for improving implementation of the ETLS regarding transport appear in a table at the end of this section.

3.1 Rules and Procedures on Transport

In general, Côte d’Ivoire is compliant in terms of issuing national laws or adopting UEMOA procedures that confirm or address ECOWAS protocols on transport. While much of this information is available to the public, some is not. Laws are summarized and compared in the table below; citations appear in parentheses.

Table 2: Rules and Procedures on Transportation

Subject ECOWAS UEMOA Côte d’Ivoire

*Temporary Vehicle Import Permit

Passenger vehicles imported for private or commercial use enter without import duties and taxes, prohibitions or restrictions. Such vehicles will be covered by a temporary import permit.

(Convention A/P1/7/85, Chapter II, Article 2, Sections 1 and 2)

Temporary admission is accorded by national authorities’ acts

a) with total suspension of duties and taxes;

(UEMOA Customs Code, Article 141 No. 2a)

Private vehicles registered in the territory of a Member State may enter the territory of another Member State for up to 90 days upon presentation of the proper documentation:a) Valid Driving Licence

(national/international)b) Lettre de Voiture inter-étatsc) Feuille de routed) Insurance Policy recognized by

Member Statese) International vehicle inspection form

(for vehicle and for goods)f) Vehicle registration documents

(cartes grises)g) International Customs Carnet

recognized within the Community.

Arrêté No. 0070-MT du 23 juillet 1998.Arrêté No 0064 MET/CAB du 4 Aout 2000 sur la lettre de voiture inter-états.Decree No 98-406 of 22 July 1998 onliberalization of temporary vehicle imports, and commercial vehicles for goods and persons.Decree No. 2002-306 of 29 May 2002 on liberalization of temporary vehicle imports and used vehicle imports for transport of goods and persons.


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*Brown Card

ECOWAS Brown Card is established, and shall be recognized as valid proof of insurance within MS and at borders.

(Convention A/P2/5/82, Article 4)

N/A Bureau National Ivorien implements the Brown Card Scheme.

Law No. 87-793 of 28 July 187 ratifying the ECOWAS Brown Card Scheme.

Arrêté No 95 MEF. DA. creating the National Bureau to manage the ECOWAS Brown Card.

Vehicle Inspections

The minimum period for mechanical examination is fixed at every three months for passenger vehicles and every six months for vehicles transporting goods.

(Convention A/P2/5/82, Article 10)

In each member state, all heavy vehicles are subject to periodic technical inspections. The frequency of these inspections is, at minimum, every six months.

(Regulation no. 14/2005/ CM/UEMOA, Title 3/Article 9)

(Regulation no. 14/2005/CM/UEMOA)

Title 3/Article 9

In each member state, all heavy vehicles are subject to periodic technical inspections. The frequency of these inspections is, at minimum, every six months.

Côte d’Ivoire customs website http://www.douanes.ci/?page=Infos.Dedouanement.dedouanement&rub=dedouanement

Convention and reference termsrelative to Decree No. 90-603 of 4 August 1990 approving concession of public service between the Ivorian State and Vehicle Inspection Society(SICTA)

SICTA and CIVIO (used vehicle control) certificates are required.

*Agreement Certificate for an ECOWAS Road Transit Vehicle

Vehicles undertaking inter-state transportation shall possess a bilingual Inter-state transport permit valid for one year.

(Convention A/P2/5/82 Regulating Inter-State Road Transportation, Article 17)

Agreement Certificate for an ECOWAS road transit vehicle established.

(Convention A/P.4/5/82 ISRT Appendix 1)


Title 4/Article 10

a. In each member state, all heavy vehicles carrying goods weighing 7 tons or more, per single load, must have a transport permit, as described in Article 1, mentioning the nature of the goods transported and their weight, as well as their origin and the destination.


Title 4/Article 10

a. In each member state, all heavy vehicles carrying goods weighing 7 tons or more, per single load, must have a transport permit, as described in Article 1, mentioning the nature of the goods transported and their weight, as well as their origin and the destination.

Convention and reference terms relative to Decree No. 90-603 of 4 August 1990 approving concession of public service between the IvorianState and Vehicle Inspection Society (SICTA).

Truck dimensions

Truck dimensions established for length, breadth and height

Width=2.5M

Height= 4M

Length=11M-15M-18M

(Convention a/P2/5/82, Chapter III Highway Code, Article 5)

Vehicle dimensions established for length, breadth and height.

(UEMOA Council of Ministers)

Overall Width=2.55M

Overall Length=12M-16M-18M

Height= 4M


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Axle load limit

Axle load limited to 11.5 tonnes.

(Resolution C/Res1/12/88, Section 5)

Single Front Axle – 6 tSingle middle- 11.5tSingle plus twin -12tTandem 1-11.5tTandem 2–16tTandem 3-18tTandem 4-20tTridem 1–21tTridem 2-25tTrailer single – 6t

Single Front Axle – 6 tSingle middle- 11.5tSingle plus twin -12tTandem 1-11.5tTandem 2–16tTandem 3-18tTandem 4–20tTridem 1–21tTridem 2-25tTrailer single – 6t

*Agreement Certificate for an ECOWAS Road Transit Container

Agreement Certificate established regarding approval of containers, including how certificate is to be displayed.

(Convention A/P2/5/82)

N/A Circulaire No. 1056 of 02/08/2001 on application of the ISRT in Côte d’Ivoire

Container seals

When merchandise is transported under customs seal, customs authorities in each Member State shall ensure that the seals are intact.

(Convention A/P.4/5/82, ISRT, Section 5.1)

Customs are charged with documentary and physical control of transport modes and their load. Physical checks will verify seals indicating origin and those affixed, if any, by customs in the member state where the operation begins.

(Decision no 15/2005/ CM/UEMOA Article 7)

Customs are charged with documentary and physical control of transport modes and their load. Physical checks will verify seals indicating origin and those affixed, if any, by customs in the member state where the operation begins.

(Decision No. 15/2005/ CM/UEMOA Article 7)

*ECOWAS ISRT logbook -Carnet TRIE

ISRT logbook established.

(Convention A/P.4/5/82 ISRT Article 16, Sections 1-3)

Customs are charged with documentary and physical control of transport modes and their load. Documentary checks will include Carnet TRIE and inter-state transport permits.

(Decision no 15/2005/ CM/UEMOA, Article 7)

Goods under transit benefit from suspended duties, taxes, prohibitionsand applicable restrictions. They are covered by a bond or all documents required by conventions. Côte d’Ivoire is part of (e.g. ECOWAS Carnet TRIE)

Côte d’Ivoire Customs Website.

Circulaire No. 1056 of 02/08/2001 on application of the ISRT in Côte d’Ivoire

*ISRT Convention Guarantee (Bonds)

A guarantee mechanism (bond system) for Inter-State Road Transit of Goods is established.

(Supplementary Convention A/P1/5/90, Articles 2 and 3)

Goods transported under customs or a regime with duties and taxes suspended or prohibitions must be covered by a bond.

(Annex to Regulation no 9/CM/UEMOA of 20th November, 2001, Art 102)

Law no. 64-29 of 1st August, 1964 Title V/Chapter 1

Article 100:

1. Goods transported with duties, taxes or prohibitions suspended must be covered by a bond.

*ISRT or ECOWAS Single Customs Declaration Form

A single ECOWAS customs declaration form is adopted.

(C/REG.4/8/99)

Goods imported or exported must be declared in detail to assign them a customs regime, even if they are exempt from duties or taxes.

(Annex to Regulation no 9/ CM/UEMOA of 20th November, 2001, Title V/ Chapter 1, Article 75)

Law no. 64-29 of 1st August, 1964 Title IV/Section

Article 75:

All goods imported or exported must be declared in detail to assign them a customs regime.

The exemption of duties and taxes, at entry or exit, does not dispense the obligation required by the present article.

Circulaire No. 1056 of 02/08/2001 on application of the ISRT in Côte d’Ivoire


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3.2 Private and Public Sector Responses to Survey on ETLS Protocols

Figure 3 below, using simple averages, summarizes both the private and public sectors’ perceptions regarding the implementation of ETLS protocols.

Figure 3: Transport: Public Sector Reporting on Percentage Implementation of ETLS Protocols

This chart reflects a discrepancy in the perception of ETLS implementation between public sectorofficials and the private sector. Figure 3 reflects that 100% of the private sector reported implementation of three ETLS transport protocols: the Brown Card; vehicle inspections; and the need for a declaration form. By contrast, 100% of the public sector reported implementation of the ETLS protocols in only one area, not matching the private sector’s answers: the inter-state transit permit for the operation of a transit vehicle. However, most private sector respondents do not believe that the protocols are being implemented regarding inter-state transport permits, vehicle dimensions, axle loads, and container certificates.


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Below is a summary of interview results for each specific issue covered by the surveys as drawn from the ETLS Acts:

Temporary Vehicle Import PermitECOWAS ProtocolBecause of the proliferation of smuggled used vehicles in the region, ECOWAS prepared a policy on the movement of private vehicles across borders. Owners or drivers of these personal vehicles are supposed to complete a temporary import permit to guarantee that the vehicle will leave the territory within 90 days or pay a duty.

Interview ResultsThe majority of public sector respondents indicated that a temporary vehicle import permit is necessary for private vehicles upon entering Côte d’Ivoire. The private sector reported 100% that this document was not necessary.

Brown Card InsuranceECOWAS ProtocolIf a vehicle accident occurs in any Member State, drivers holding an ECOWAS Brown Card are eligible for all the guarantees required by the laws or regulations governing compulsory motor vehicle insurance in that country.

Interview ResultsCôte d’Ivoire does implement the ECOWAS Brown Card motor vehicle insurance scheme, and the Brown Card was almost universally recognized as a necessary cross-border document by private and public sector respondents. Over half of the private sector interviewees indicated that border officials request informal payments in amounts ranging from CFA 1,500 to CFA 50,000 if Brown Cards have expired.

The fact that the Brown Card is used and recognized allows transporters to avoid purchasing duplicate vehicle insurance in each transit country, which has a positive impact on trade. However, private sector respondents reported that the insurance program itself is dysfunctional. Interviewees said it can take several years for an insurance payout from an accident that occurs in another Member State, meaning that a vehicle damaged in accident must be repaired and paid for by the trader without reimbursement, unless the trader purchases private insurance.

Vehicle Inspections for RoadworthinessECOWAS ProtocolECOWAS calls for inspections every six months.

Interview ResultsA majority of private sector respondents indicated that vehicle inspections (or proof of inspection) for roadworthiness are required every six months with a few citing annual inspections. The public sector response was similar with the majority stating every six months and the minority quoting annual inspections.

Transport and Container PermitsECOWAS ProtocolAgreement Certificate for an ECOWAS Road Transit Vehicle and/or Container and the Inter-state Transport Permit are documents prepared by ECOWAS for the approval of inter-state transportation of merchandise in road vehicles and containers. The certificates and/or permit are to be displayed in the vehicle cabin and renewed annually.

Interview ResultsOnly one private sector respondent indicated these permits were necessary with most citing a Lettre de Voiture or inter-state waybill as necessary documents. Interestingly, similar to the private sector, only one government official cited the need for the permits, with the remainder saying that a national


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permit, Permis de Conduire International, Carte Grise was used or just an international driver’s license. The private sector noted that the Lettre de Voiture costs CFA 22,500 to obtain.

Vehicle StandardsECOWAS Protocol: An 11.5-tonne per axle limit applies to the 6-axle trucks commonly used in regional inter-state transit. ECOWAS also set standards for the height, length and width of vehicles.

Interview ResultsInterviews with public sector respondents frequently cited 100% “No” on the implementation of ECOWAS vehicle standards. A minority of the private sector (less than 20% in both cases) cited that vehicle standards were enforced. Those private sector respondents reporting that the standards were enforced also conveyed that informal payments were extracted for any violations ranging from CFA 10,000 to 50,000.

Container SealsECOWAS ProtocolECOWAS implemented a protocol to seal all transit cargo to ensure that transit cargo is not illegally distributed prior to reaching its destination, to reduce the risk of smuggled goods being added to loaded cargo, and of hijacking, and to deter tampering with cargo.

Interview ResultsSixty percent of private sector respondents stated that container seals were used for transit operations and that a formal fee of CFA 10,000 was paid for the seal. Only one government official at the capital mentioned the need for container seals. None of the border officials said these were necessary.

ECOWAS ISRT Logbook or Carnet TRIEECOWAS ProtocolAccording to ECOWAS, transit goods must be transported with an Inter-state Road Transit Booklet (also called the Carnet TRIE/ISRT Logbook). Each Member State office must maintain an official register that lists, in chronological order, all transit operations with reference to the number of the logbook. The ISRT Declaration Leaflets are to be presented in each Member State and customs need only check that the cargo seal is intact. ECOWAS proposed a logbook fee of CFA 7,000 (US$14).

Interview results100% of the public sector said the logbook was not functional. The private sector was split on the need for and use of the logbook. Those respondents stating the logbook was needed quoted formal fees ranging from CFA 5,000 to 16,000 and one respondent indicated that a D25 Form was used in its place.

Guarantee or Surety BondECOWAS ProtocolThe Community Guarantee Mechanism for Inter-State Road Transit of Goods consists of a chain of national bodies responsible for guaranteeing the payment of duties, taxes and other fees incurred in the territories crossed in an inter-state transit trip. Truckers purchase a bond at the start of each trip (0.5% of the value of the goods) which covers the transit of goods from the customs office of departure to the customs office of final destination, no matter how many countries are entered. The bond money should be released upon arrival in the country of destination.

Interview ResultsAll public sector respondents (100%) noted that the ISRT bond guarantee is not used. The border control officials said that an escort costing CFA 100,000 and Déclaration en Douane Unique (DDU) or declaration form was used in replacement. The private sector response was split on the use of the


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ISRT bond guarantee. Those stating its use quoted guarantees in the amounts of 0.25% CIF, 0.5% CIF, and 0.25% FOB.12

The ECOWAS Declaration Form is evolving from a formatted paper document established in 1999 to a Single Customs Declaration electronic document established for the Regional Transit Information System (RTIS).

Others claimed they used the D25 form instead and the cost was CFA 7,000.

Use of ECOWAS TemplatesAs part of the ETLS measures, ECOWAS prepared standardized document formats to be used throughout the region, including the ISRT Logbook and Bond Guarantee, the Brown Card, Customs Declaration Form, Temporary Vehicle Import Permits, and container and transport permits.

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Interview ResultsNo documents retrieved from Côte d’Ivoire matched with any of the ECOWAS formats. A comparison of ECOWAS and Côte d’Ivoire forms can be found in Annex C.

Transport Costs and DelaysInterview ResultsIt can take from a few minutes up to several days to obtain and process transport documents. Charted below are the private sector’s responses on the time and costs of processing each component of the transit process:

Document or Inspection Time Range to Process Cost Range to Process

Brown Card 5-10 minutes CFA 1,500-10,000

Inspection 5 minutes to 24 hours CFA 1,000-70,000

Container Seal 5-10 minutes CFA 10,000

Transport Permits 10 minutes CFA 22,500

Logbook 5 minutes to 24 hours CFA 5,000-16,000

Bond Guarantee 5 minutes 0.25% CIF -0.5% CIF and 0.25% FOB

Declaration Form 10 minutes to 2 days CFA 500-5,000

Knowledge of ECOWAS Acts relating to TransportInterview ResultsBoth the public and private sector lacked knowledge about the ETLS Acts. Most were conversant only with UEMOA rules. For more than 50% of the questions there was a discrepancy within the answers from the public sector.

The table below compiles information and responses collected from the ETLS questionnaires used in interviews with both the public and private sectors, and highlights the differences in their responses. A green dot means that at least 75% of respondents reported that the protocol is being implemented. A

12 These are global shipping terms used in international trade. CIF means Cost Insurance and Freight. That means shipper/trader has to pay the cost of shipment up to the ship, Insurance cost of cargo and freight cost up to destination port.FOB stands for Free On Board which means shipper/trader pays only costs up to the ship and Insurance cost, but freight charges are paid by the Buyer/Consignee.13 In 2009, a Regulation was created enabling RTIS and introducing the single administrative document (SAD) and using the SAD as a replacement for the ISRT logbooks. This Regulation was approved in August 2010.


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yellow dot means that 26-74% made such a report, and a red dot means that 0-25% reported protocol implementation. A catalog of the documents publicly accessible on Côte d’Ivoire’s trade legislation, regulations and procedures as they relate to the protocol topics is provided in Annex B.

3.3 Implementation of ETLS Transport Protocols

The following table summarizes and compares responses by public officials in both central and border posts, and also the private sector. Status of trade-related legislation is also added and solutions are recommended. A picture emerges of where efforts should be focused and what solutions could promote implementation of ETLS protocols.

Table 3: Implementation of ETLS Transport Protocols

Key: (red) 0-25% reporting implementation, (yellow) 26-74% reporting implementation, (green) 75% or more reporting implementation

ETLS Protocols

Promulgated in local

law/regulation?

Reported at

Capital

Reported at

Border

Reported by

Private Sector

Solutions/Action Items Additional Notes

Temporary Vehicle Import Permit

None, this item does not impede trade

Brown Card Audit functioning of scheme.

Over half of the private sector noted informal payments related to the Brown Card at the border while the border agents reported that the sticker was not necessary.

Vehicle Inspections every 6 months

Publish frequency and standards requirements at border posts, ports and weigh stations.

Some respondents said inspections are required once a year; government officials in Abidjan were split on the frequency of inspections.

Agreement Certificate for an ECOWAS Road Transit Vehicle

Start using ECOWAS template, post notice at borders; train officials for reason for and use of document.

All but one of the private sector respondents quoted a need for this permit. One of two border officials interviewed claimed the need for this document. Many other acceptable documents were mentioned such as: International driver’s license, Lettre de Voiture, Permis de Conduire International, and Carte Grise.

Truck Dimensions

Publish standards requirements, make part of vehicle inspections.

All of the public sector officials were in agreement that these vehicle specifications were not regulated. Only 17% of the private sector said that they were implemented.

Axle load limit (11.5 tonnes)

Publish standards requirements, make part of vehicle inspections, enforce at border, set up system to assist private sector to comply.

All of the public sector officials were in agreement that these vehicle specifications were not respected. Only 14% of theprivate sector said that they were implemented.


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Agreement Certificate for an ECOWAS Road Transit Container

Start using ECOWAS template, post notices at borders, train officials on reason for and use of document.

All but one of the private sectorrespondents quoted a need for this permit. 100% of the public sector officials stated that this permit was not in use.

Container seals

If a container is sealed, no inspection should be required and no escort needed.

All of the border officials denied the use of container seals, while one government official in Abidjan said that they are required. 60% of the private sector stated that container seals are needed for cross-border trade.

ECOWAS ISRT Logbook/Carnet TRIE

Implement the ISRT system for ECOWAS compliance, especially as a port country.

The public sector stated that the logbook was not functional. 56% of the private sector said that the logbook was needed for transit goods to enter.

ISRT Convention Guarantee -surety or bond

Issue and implement bond guarantees instead of the escort system currently used.

The public sector said that the bond system was not used and an escort system was in place instead. 53% of the private sector said that they paid a bond for cross-border trade.

3.4 Recommendations

Based on the survey results, the Trade Hub evaluated the gaps and ranked them by the effect they have on restricting or discouraging trade. The priority recommendations for addressing gaps in transport appear in the table below:

Table 4: Priority Recommendations on Transport

Priority Topic Actions By Whom

1 ISRT Bond Guarantee System

Implement bond system for transit operations in the ECOWAS region.

a) National Guarantor and customs offices

b) ECOWAS monitoring andimposing sanctions for improper application

c) Trade Hub hotline for reporting

2Road Harassment/Axle load limit Vehicle Inspections

National governments spot-check monthly the elimination of illegal road stops and enforce bi-annual inspections.Inspection stations also ensure the vehicles are standard (before loading) weight, height, length etc. in addition to road-worthiness.

National Transport Offices

3 Container Seals Affix container seals on cargo at the port of entry and eliminate escorts. Customs

4 Brown CardInsurance regulators audit payment of settlements by issuing agents. Also spot-check border patrols for the extraction of informal payments related to the Brown Card stickers and set up a hotline for reporting.

National insurance regulators - with reports to ECOWAS

5 Non-Tariff Barriers Removal of NTBs such as unnecessary escorts. Ministry of Transport

6 ISRT Logbook As the SAD is being implemented and computerized, utilize the logbook as envisioned by ECOWAS with one per transit operation requirement.

National Customs Offices


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These recommendations will provide significant benefits to support increased trade:

1. Implementing the bond system will move Côte d’Ivoire towards harmonizing documentation requirements in the region. Additionally, in lieu of bonds, customs requiresvery expensive escorts which, in addition to being costly do not actually provide an accompanying vehicle.

2. Clamping down on unnecessary road stops and outfitting inspection stations to review vehicle weights and standards will yield multiple benefits, including reduced road damage, fewer accidents caused by stops and non-compliant vehicles, and reduction of transit costs in terms of time and money.

3. Moving towards harmonization by placing seals on transit carge, since the use of container seals is predominant in the region.

4. Auditing the Brown Card scheme operators to monitor the rate of claims settlement willreduce the cost to the persons involved in accidents and enable them to resume the business of transit and transport more quickly (in some instances, the private sector complained that payments were not processed at all). Also a way to track informal payments to border officials in relation to the Brown Card sticker is required.

5. Removing NTBs will reduce the unpredictability of trading costs, encouraging increased trade and business expansion.

6. Using a single logbook per transit operation will also yield numerous positive effects. Were the logbook to assume the form of the SAD, it would enable electronic access and processing of transit operations, reduce operators’ transit time at the border (waiting on and preparing a new logbook), and reduce transporters’ costs, as they pay for and are issued a new logbook at each border.


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4 Movement of Goods

The movement of goods throughout ECOWAS is one of the primary areas addressed by the ETLS protocols. The ETLS provides guidance on issues such as duty-free goods, certificates of origin, non-tariff barriers, and registration of companies for duty-free access to industrial goods.

In Côte d’Ivoire, the research team gathered and analyzed information regarding the implementation of the ETLS protocols on the movement of goods, which is presented below. First, a table compares ECOWAS protocols with Ivorian law on several critical issues. The table notes whether the protocols are promulgated in Ivorian law and whether they are easily accessible to the public, either in hard copy or electronic form.

Next, interview results are presented, in chart form, with brief discussions of each issue, and also in atable form that compares and contrasts the perception of ETLS implementation across the public sector (both in Abidjan and at border posts) with the experience of private sector traders.

Finally, the top recommendations for improving implementation of the ETLS regarding the movement of goods appear in a table at the end of this section.

4.1 Rules and Procedures on Movement of Goods

Côte d’Ivoire predominantly cites UEMOA references in cross-border trade rules. There are however, publicized notations to the incorporation or inclusion of ECOWAS rulings and the applicability of the rules to extend from UEMOA countries to ECOWAS Member States. As such, this report only refersto the notation once, as they are applicable to all of the topics below.

Table 5: Rules and Procedures on Movement of Goods


Unprocessed Goods

Duties eliminated on imports from within the Community. Quotas, quantitative or like restrictions or prohibitions and administrative obstacles removed.

Community unprocessed goods and handicrafts circulate free of duties and quantitative restrictions.

Definition of products wholly produced in Member States.

(ECOWAS Treaty 1990: Chapter II, Article 35, Article 36, Sections 2, 3)

Proof of origin is not required for agricultural and livestock products as well as hand-made articles.

(A/P1/1/03, Article 10)

Unprocessed goods and traditional handcrafts are exempt from duties and taxes charged at entry into Member States, excluding, if any, interior taxes on these products whether produced locally or imported.14

Côte d’Ivoire adopts UEMOA legislation on liberalization of trade between member countries.

(Additional Act no. 04/1996 Title IV/Chapter 1, Article 10)

Additional Protocol 11/2001 of 19 December 2001

15

Ivorian customs participates in all regional acts of cooperation in the case of ECOWAS and UEMOA.

Goods originating in UEMOA member states are exempt from duties and taxes, quantitative restrictions at entry and exit and all other measures with an equivalent effect.

16

ECOWAS promotes regional integration, notably in trade, by according a preferential tariff regime to unprocessed products, handicrafts and agreed industrial products. Ivorian customs supports these objectives. In effect, it accompanies these objectives by harmonizing customs procedures (single declaration form) and by facilitating transit (TRIE).

14 Additional Act no 04/1996 Title III/Chapter 1/Article 4: “Unprocessed goods” are defined as unprocessed products originating in UEMOA, animal products born and bred in member states, minerals extracted and vegetables harvested in member states, which have not been industrially processed namely: minerals, live animals, fish, animal products from farming and sub-animal products, products extracted from the sea by boats registered in member states.15 Côte d’Ivoire Customs websitehttp://www.douanes.ci/?page=Infos.Basesreglement.base_reg_tec_1&rub=base_reg_tec_1&typrub=srub16 Côte d’Ivoire Customs websitehttp://www.douanes.ci/?page=Infos.Presentation.present_douanes_mission&rub=present_douanes_mission&typrub=srub


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Non-Tariff Barriers

Customs duties and non-tariff barriers abolished; duties or other charges on Community originating imports eliminated; quantitative restrictions on Community goods removed.

(ECOWAS Treaty 1990: Chapter II, Article 3; (2) d. (i); Article 35, Article 41)

Definition of non-tariff Barriers that must be eliminated.

(C/DEC.4/5/82 Art. 2: 1,2,3, 4; Section C)

In trade between Member States, all quantitative restrictions, non-tariff barriers, prohibitions, or other measures of an equivalent effect on the importation or exportation of products originating or manufactured in Member States are removed.

(Additional Act no. 04/1996 Title II: Liberalization of Trade within UEMOA Article 3)

See “Unprocessed Goods” above and footnotes 14, 15 and16.

Processed Goods

Each Member State will authorize approval of community-originating industrial products to benefit under the intra-ECOWAS preferential trade regime.

Procedure for this approval process is established.

(Regulation C/Reg. 3/4/02, Articles 1 and Article 4 and Annex 1)

Industrial goods of UEMOA origin benefit from the Preferential Tax, equivalent to an 80% reduction in entry duties applicable to products imported from third countries, excluding, if any, specific internal taxes or VAT on products whether imported or produced locally.

(Decision no. 01/99/COM/UEMOA, Article 2)


30% Value Added Goods are Duty Free

Goods that are not wholly produced in Member States but which have received a value-added of at least 30% of the ex-factory price of the finished goods within a Member State can claim that State’s origin.

(Protocol A/P1/1/03; Article 4)

Goods not entirely obtained [from UEMOA] manufactured using imported third country [non-ECOWAS] products with value added of at least 30% benefit from total exemption of duties.

(UEMOA Additional Protocol no III/2001 Title III/Chapter 2, Article 5, b)


Transit Goods

Full and unrestricted freedom of transit through Member States for goods proceeding to or from one Member State to another or to and from a third country; and such transit shall not be subject to any discrimination, quantitative restrictions, duties or other charges.

(1990 Treaty, Chapter VIII, Article 45, 2)

ISRT allows for inter-state transportation of goods free of duties, taxes and restrictions while in transit.

(A/P4/5/82 ISRT Convention; Chapter 1; Article 1 C)

Goods transported from one customs bureau to another without duties and taxes and other prohibitory measures whilst in transit

(Annex to regulation no. 09/2001/CM/UEMOAArt 105)

Goods in transit benefit from the suspension duties, taxes, prohibitions and applicable restrictions.

Côte d’Ivoire Customs websitehttp://www.douanes.ci/?page=Infos.Basesreglement.base_reg_regime&rub=base_reg_regime&typrub=srub

ETLS Preferred Trade Registration

Each Member State will authorize approval of community-originating industrial products to benefit under the intra-ECOWAS preferential trade regime.

Procedure for this approval process is established.

(Regulation C/Reg. 3/4/02, Article 1 and Article 4 and Annex 1)

Not applicable

UEMOA has its own preferred trader program.

Publicly available Information could not be found.


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*ECOWAS Certificate of Origin

An ECOWAS Certificate of Origin is adopted

(Regulation C/REG.4/4/0)

The UEMOA origin of products is mandatorily certified by a certificate of origin whose form will be determined by the Commission. However, products agricultural products and hand-made products do not require a certificate of origin.

(Additional Protocol no. III/2001, Title IV/Chapter II, Article 11)

ECOWAS or UEMOA certificates of origin are required.

Côte d’Ivoire Customs Websitehttp://www.douanes.ci/?page=Infos.Basesreglement.base_reg_regime&rub=base_reg_regime&typrub=srub

*ECOWAS Customs Declaration

An ECOWAS Single Customs Declaration form (SCD) is adopted.

(C/REG.4/8/99)

Goods imported or exported must be declared in detail to assign them a customs regime, even if they are exempt from duties or taxes.

(Annex to Regulation no 9/ CM/UEMOA of 20th November, 2001, Title V/ Chapter 1, Article 75)



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4.2 Private and Public Sector Responses to Survey on ETLS Protocols

The figure below illustrates disparities between what the public sector is saying and what the private sector experiences. For three categories (duty free movement of handicrafts, vegetables, and duty free transit of goods), the public and private sector were closest on agreeing to full implementation of the protocols.

Figure 4: Movement of Goods: Public and Private Sector Responses on Implementation of ETLS Protocols


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Each of these categories is discussed below, comparing the ECOWAS protocol language with interview findings.

Non -Tariff Barriers - Quota/Quantity/Seasonal RestrictionsECOWAS ProtocolAccording to the ECOWAS Treaty there should be no quota, quantity, seasonal restrictions or non-tariff barriers on the trade of goods of ECOWAS origin. Seasonal restrictions and other non-tariff barriers were eliminated through a Decision of the Council of Ministers, C/DEC.4/5/82 Art. 2: 1, 2, 3, 4; Section C. 17

Interview ResultsIn nearly all questions regarding non-tariff barriers, 100% of the private sector respondents reported that certain non-tariff barriers exist including quota, quantity, and seasonal restrictions to name a few. These multiple non-tariff barriers have a significant negative effect on trade including high informal fees being paid by the transporters.

In addition, some non-tariff barriers remain in place along the various routes, including the division of cargo between trucks of destination nationalities, numerous road blocks or control checkpoints along the major inter-state roads, and undue delays in processing goods at borders.

From the public sector, 100% of those interviewed stated that there were no quota, quantity or other non-tariff barrier restrictions. The only case where one border official noted a restriction was on the trade of rice as a seasonal restriction.

Unprocessed GoodsECOWAS ProtocolUnprocessed goods (including all agricultural commodities and staple foods) and traditional handicraft products should circulate freely between Member States, exempt from duties and taxes having equivalent effect, and not be subject to any quantitative or administrative restrictions.

Interview resultsA majority of private sector respondents acknowledged that no duty is payable on staple crops, including fruits and vegetables; live animals; and handicrafts. The public sector was split with respect to their response to the duty free access of many unprocessed goods such as live animals, game and fishing, and products from live animals.

Industrial GoodsECOWAS ProtocolFor processed/industrial products, customs duties and taxes having equivalent effect were to be gradually eliminated over a period of 10 years starting from January 1990. In order to benefit from duty free treatment, these goods must originate from a Member State; be approved by the ETLS Committee; and be accompanied by a Certificate of Origin and an ECOWAS Export Declaration Form.

ECOWAS prescribes the procedure for approving industrial goods for duty-free treatment. First, each Member State must send its list of approved products and manufacturers to ECOWAS. One person in the ECOWAS Customs Department is responsible for maintaining the list, and ECOWAS is in charge of disseminating all of the lists to the other Member States. A product is determined to be on the approved list when its Certificate of Origin and Customs Declaration form include the number assigned to it by the ETLS Committee. (See below under “ETLS Registration”.)

17 Article 41 – Quantitative Restrictions on Community Goods -1 - Except as may be provided for or permitted by this Treaty, Member States undertake to relax gradually and to remove over a maximum period of four (4) years after the launching of the trade liberalisation scheme referred to in Article 54, all the then existing quota, quantitative or like restrictions or prohibitions which apply to the import into that State of goods originating in the other Member States and thereafter refrain from imposing any further restrictions or prohibitions.


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Interview ResultsPublic Sector respondents indicated that Certificates of Origin were in use and required in order for industrial goods to receive duty-free treatment. Depending on the specific topic within duty free access for processed or industrial goods, 69-83% of the private sector agreed with the public sector.

Transit GoodsECOWAS ProtocolAccording to the revised ECOWAS Treaty, each Member State shall grant full and unrestricted freedom of transit through its territory for goods proceeding to or from one Member State to another, or to and from a third country; and such transit shall not be subject to any discrimination, quantitative restrictions, duties or other charges.

Interview Results83% of the private sector stated that transit goods received duty-free treatment while 75% of the public sector reported that transit goods enter duty free although border officials did not agree.

ETLS Registration (Preferred Trader Program)ECOWAS ProtocolFirms wishing to export processed goods duty-free within ECOWAS must go through a registration and approval process, and be assigned a number that is used to identify them as a Preferred Trader on Certificates of Origin and Customs Declaration Forms.

When the Preferred Trader program was being developed, a contentious issue was the definition of a “community enterprise” versus an enterprise owned by someone of non-ECOWAS origin. As a result, the Preferred Trader approval was based on issues such as the percentage of local ownership of the company.

Documents required of a Preferred Trader for the import process:� Certificate of Origin� Export Declaration� Invoice� ETLS Registration� Certificate/Vaccination card from the Ministry of Agriculture, if needed.

Interview ResultsOf the public and private sector that were able to answer this question 100% confirmed that the ETLS registration is necessary for duty free treatment. Most firms interviewed were unaware of the ETLS registration procedure; and as a result, only a few companies were registered with ECOWAS.

Time and costs of cross-border tradeInterview ResultsThe private sector reported that time to process goods through the border ranged from two hours to eight days, with two days being the most frequently quoted amount of time. Border-processing costs quoted for goods ranged from CFA 5,000-100,000 in unofficial fees with the majority stating CFA 35,000 or 50,000. Fees for processing the transit goods were quoted as 6% and 43% CIF. All of the above exclusive of taxes or the official fees for obtaining documentation from the interior. See Annex A for Côte d’Ivoire import and export taxes.

ETLS KnowledgeInterview ResultsCustoms officers were generally knowledgeable about duty-free access, but disparity on the topics between Abidjan and the border were prominent. Nine out of the fifteen topics resulted in opposite answers from the capital and border. Of the private sector interviewees 100% were unable to answer the question whether 30% value added goods were availed duty free access.


32

On other topics, the private sector was more informed and highlighted the huge number of unofficial and official fees requested.

ECOWAS Document TemplatesECOWAS ProtocolAs part of the ETLS measures, ECOWAS prepared standardized document formats such as Certificate of Origin and Customs Declaration Form.

Based on the 1999 adoption of the common customs and statistical nomenclature, Côte d’Ivoire has adopted and put the harmonized system into use. Documents obtained from Côte d’Ivoire can be found in Annex C. A catalog of the documents publicly accessible on Côte d’Ivoire’s trade legislation, regulations and procedures as they relate to the protocol topics are provided in Annex B.


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4.3 Implementation of Free Movement of Goods

The following table compares the degree of implementation of the specific protocols as understood or experienced by both the public and private sectors, highlighting the differences in their responses to protocol implementation. A green dot means at least 75% of respondents reported that the protocol is being implemented. A yellow dot means 26-74% made such a report, and a red dot means 0-25% reported protocol implementation.

Table 6: Implementation of Free Movement of Goods


ETLS Protocol

Promulgated in local law/ regulation?

Reported at Capital

Reported at Border

Reported by Private Sector

Solutions/Action Items

Additional Notes

No quota restrictions

Spot-check customs processing.

Public sector said there are no quota restrictions; while 100% of private sector said there are quota restrictions

No quantity restrictions


Public sector said there are no quota restrictions; while 100% of private sector said there are quantity restrictions

Removal of all Non-Tariff Barriers


Public sector said there are no non-tariff barriers; while 50% of private sector said there are, including road harassment and food standards.

No seasonal restrictions

Removal of restrictions unless for health or safety reasons.

Public sector interviewees at the capital stated no seasonal restrictions; Customs at the border said there are seasonal restrictions, rice was mentioned. 100% of private sector said there are seasonal restrictions.

Minerals duty free

Proper training of officials on treatment of ECOWAS duty.

Respondents at the capital were split on the duty free access, while border officials reported that minerals were duty free; 79% of private sector said that there are no duties.

Vegetables and fruits and duty free

. None

Public sector said these were duty free with COO and VAT. All but one private sector respondent said that these were duty free.


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Live animals duty free


The public sector at the capital were split on the duty free access of live animals, while the public sector at the border stated that these were not duty free. In an odd finding, all but two of the private sector respondents said that no duty was paid.

Products obtained from live animals duty free


The public sector at the capital were split on the duty free access of products from live animals, while the public sector at the border stated that these were not duty free. In an odd finding, all but two of the private sector respondents said that no duty was paid.

Products from hunting, game, fishing, seas, rivers duty free

Proper training of officials, ECOWAS duty added to HS code on customs website.

The public sector at the capital were split on the duty free access of game and fish, while the public sector at the border stated that these were not duty free. In an odd finding, all but two of the private sector respondents said that no duty was paid and certificates of origin were required.

Handicrafts of ECOWAS origin duty free

Spot-check customs processing for any extraction of informal fees.

100% of public sector reported that handicrafts of ECOWAS origin are duty free, while 83% of the privates sector agreed.

Used articles from ECOWAS duty free

Proper training of officials, ECOWAS duty added to HS code on customs website.

The public sector at the capital were split on the duty free access of used ECOWAS materials, while the public sector at the border stated that these were not duty free. In an odd finding, all but two of the private sector respondents said that no duty was paid.

Scrap & waste from manufacturing in ECOWAS duty free

Spot-check customs processing for any extraction of formal or informal fees.

100% of public sector reported that scrap & wasteof ECOWAS origin are duty free, while 69% of the privates sector agreed.

Value added of 30% duty free

Spot-check customs processing for any extraction of fees. Training for both the public and private sector.

The public sector at the capital reported that 30% value added goods are duty free; Customs at the border stated that value added of 30% is not duty free and none of the private sector were able to answer this question.

Registration of Firms under ETLS Preferred Trader Scheme

Enforce duty free access for ETLS registered companies. Training for both the public and private sector.

Officials and private sector respondents that were able to answer stated that ETLS registration was required.


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4.4 Recommendations on Movement of Goods

Based on the survey results, the Trade Hub evaluated the gaps identified and ranked them by the effect they have on restricting or discouraging trade. The table below prescribes the top five priority recommendations for addressing gaps in the free movement of goods:

Table 7: Priority Recommendations on Free Movement of Goods


1Harmonized goods processing documentation

ECOWAS to review requirements with Côte d’Ivoire, revise as necessary, and Côte d’Ivoire to implement ECOWAS only border documentation.

ECOWAS and Member State customs offices

2Information dissemination to the general public

Post signs at all borders on goods processing procedures in both English and French, fees if applicable, and documents necessary. Use pictures and numbers for those who may not read French or English. Update websites.

National customs agency with donor assistance

3Information dissemination to stakeholders

Offer public and private sector stakeholders broad dissemination and training on ECOWAS protocols.Hold a regular quarterly training program.Post updates to national customs website.

a) National customs agency with assistance from Trade Hub ECOWAS Integration Offices

b) Trade Hub via website and associations

4 ETLS Preferred Trader program

Promote scheme extensively to encourage registration.Enforce tariff free access for ETLS registered traders .Find solution for small/micro traders.Publish registration process and benefits.

a) Member States campaign –Trade Hub assist through value chains

b) Member States and ECOWASc) Member States and ECOWAS

through dialogue with stakeholders

5 HS Code Add column to HS nomenclature duty and fees for ECOWAS originating products Customs, MOF

The top priority is to harmonize cross-border goods processing, which would have strong positive effects on trade. Harmonization would allow transport operators to carry only one set of documentation, reducing their time at each border (currently spent waiting for new and/or duplicate paperwork such as standards certificates or logbooks). Reduction of paperwork could also reduce the incidence of informal fees that often accompany differing and arbitrary documentation requirements.

ECOWAS certificate of origin

Utilization of ECOWAS template with scan enabled barcode to reduce forged documents.

Public sector at the capital said a certificate of origin is required, while border officials said “other” documents are required in lieu. 69% of private sector respondents said that the certificate of origin is required but not just ECOWAS template.

Transit goods duty free

Spot-check customs processing for any extraction of informal fees.

The public sector at the capital reported that transit goods are duty free; Customs at the border stated that they are not duty free; 83% of private sector said that transit goods are duty free.


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Public awareness of formal procedures and fees is critical to reducing corruption and lack of adherence to rules by both the public and private sectors. As fees are often collected multiple times at different borders, they are burdensome for traders. In addition, fees are often arbitrarily applied because of the lack of formal notification and posting. In all cases, private and public sector interviewees requested broader and more in-depth information on the Acts ECOWAS has prepared and their application. This is especially important in Côte d’Ivoire where the private sector reportedhigh rates of informal payments and the public sector stated lack of adherence to ETLS based on interview results.

A more functional ETLS, whereby paperwork requirements are standardized and traders register with ECOWAS, could evolve into a fast-track Preferred Trader Program. Currently, firms in Côte d’Ivoire and most other Member States do not see the value of registering, as many ETLS provisions are not being implemented. Improving ETLS implementation and registering firms would promote formalization of trade in the region, creating greater certainty for businesses. It would also generate positive outcomes for governments, such as expanding registries of formal companies for tax collection purposes and improving data on trade flows.


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5 Movement of Persons

ETLS addresses the movement of persons within ECOWAS. Ending restrictions on the migration of labor and capital is one of the four formal steps to creating a customs union. On a practical level, persons travel or move in order to gain economic benefit. The free movement of persons is also important since unnecessary immigration paperwork and illicit payments add costs and delays to the process of moving goods across borders. The ETLS provides guidance on issues such as visa free travel, harmonized residence cards, passports and travel certificates as well as the right of residence and establishment.

In Côte d’Ivoire, the research team gathered and analyzed information regarding the implementation of ETLS protocols on movement of persons, which is presented below. First, a table of legislation compares ECOWAS protocols with Ivorian law on several critical issues. The table notes whether the Ivorian laws are compliant and whether they are easily accessible by the public, either in hard copy or electronic form.

Next, interview results are presented, in chart form, with brief discussions of each issue, and also in atable form that compares and contrasts the perception of ETLS implementation across the public sector (both in Abidjan and at the border) with the experience of private sector traders.

Finally, the top recommendations for improving implementation of the ETLS regarding movement of persons appear in a table at the end of this section.

5.1 Rules and Procedures on Movement of Persons

There are three critical ECOWAS protocols that address movement of persons. Côte d’Ivoire has issued national laws addressing two of them; for the third issue (residence cards) a local law could not be found. The laws are summarized and compared in the table below; citations appear in parentheses.

Table 8: Rules and Procedures on Free Movement of PersonsSubject ECOWAS UEMOA Côte d’Ivoire

VisaVisa-free travel

(Resolution A/Res 2/11/84 Free Movement of Persons)

Citizens of ECOWAS Member States do not require entryvisas to enter UEMOA territory.

(Regulation no. 06/2009/CM/UEMOA, Article 5)Is

Citizens of ECOWAS Member States do not require entry visas to enter UEMOA territory.

(Regulation no. 06/2009/CM/UEMOA, Article 5)Is

Residence Card

Residence Card established for ECOWAS Member StatesDescription and format of Residence Card

(Decision A/Dec.2/5/90: Article 1, 2)

Not Applicable

Law No. 2002-03 of 3rd January, 2002 Article 8:The types of residence permits for foreigners are:1. A Free Movement Certificate for

ECOWAS residents when the period of stay is less than 3 months and the person concerned does not have a passport

2. A residence permit when the period is more than three months

The residence permit was abolished in 2007.


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**Travel Certificate/ Passport

Convinced of need to adopt a harmonized travel document other than national passport.

(Decision A/DEC.2/7/85 Establishment of ECOWAS Travel Certificate)

Not Applicable

Decree No. 2008-130 of 10 April 2008 on approval of the concession convention agreed on 10 December 2007 for the production of biometric passports for the Republic of Côte d’Ivoire and the National Identification and Administrative Documentation Company (SNEDAI).

Interview resultsFigure 5, using simple averages, illustrates the percentage of public and private sector respondentanswers on their perception of the implementation of the ETLS protocols for the free movement of persons on visa-free entrance. Both sectors agree that visa-free travel is the norm in Côte d’Ivoire.

Figure 5: Movement of Persons: Public and Private Sector Reporting of ETLS Implementation

VisaECOWAS ProtocolECOWAS citizens can travel within the ECOWAS community without the need for a visa.

Interview ResultsAll of the respondents thought that the documentary requirements for ECOWAS citizens were minimal. A national identification card, driver’s license, or similar identification document suffices for visa-free travel into Côte d’Ivoire for ECOWAS Member State citizens.18

According to ECOWAS, Residence Cards are only required for stays longer than 90 days and can be issued upon request for those who meet the criteria (work permit, cash on hand, etc).

Residence CardECOWAS Protocol

18 Under the ECOWAS protocols, templates for ECOWAS passports, residence cards, travel certificates and immigration/emigration forms were prepared. A/DEC.2/5/90.


39

Interview ResultsOf both public and private sector 100% said they did not use the Residence Card even though it is stated on Côte d’Ivoire’s immigration website. The private sector noted that only a Carte d’identité was needed.

Travel Certificate/ECOWAS PassportECOWAS ProtocolThe Authority of the Heads of State established a travel certificate for ECOWAS Member States in 1985 to facilitate and simplify the formalities for cross-border movement.

Interview ResultsFor short stays (less than 90 days), according to the immigration website an ECOWAS free movement certificate was necessary. In practice, 100% of the public sector stated that a passport was necessary, while 100% of the private sector said it was not.

ECOWAS Document TemplatesInterview ResultsAlthough ECOWAS created harmonized forms for the free movement of persons, they are not used or prepared in Côte d’Ivoire although they are accepted at the borders for immigration purposes.

Time and cost of cross-border immigrationInterview ResultsTime to process through immigration varied around 10 minutes, with costs ranging from CFA 500-1,000 in unofficial fees, in addition to official fees for obtaining residence cards and passports. The official fees for obtaining documents relating to the movement of persons total approximately CFA 40,000 for a passport.

The following table compares the degree of implementation of the specific protocols as understood or experienced by both the public and private sectors, highlighting the differences in their responses to protocol implementation. A green dot means that at least 75% of respondents reported that the protocol is being implemented. A yellow dot means that 26-74% made such a report, and a red dot means that 0-25% reported protocol implementation.

5.2 Implementation of Free Movement of Persons

The following table compares the degree of implementation of the specific protocols as understood or experienced by both the public and private sectors, highlighting the differences in their responses to protocol implementation. A green dot means that at least 75% of respondents reported that the protocol is being implemented. A yellow dot means that 26-74% made such a report, and a red dot means that 0-25% reported protocol implementation.


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Table 9: Implementation of Free Movement of Persons


ETLS Protocol

Promulgated in local law/ regulation?

Reported inCapital

Reported at Border

Reported by Private Sector

Solutions/Action Items Additional Notes

No Visa Required

For maintenance purposes, spot-check at borders for bribe requests, establish reporting mechanism.

100% of those interviewed stated that travel was visa free.

Residence Card required after 90-day stay, and can be used as travel document

Publish and disseminate national rules on Residence Cards.

100% of the public sector said that a residence card was not necessary to cross the border, the private sector agreed and stated that they only needed a carte d’identité.

ECOWAS Passport or Travel Certificate

Transition from national passports to ECOWAS. Post immigration requirements at borders.

100% of the public sector said that a passport was required, while 100% of the private sector said a passport was not required.

5.3 Recommendations

Based on the survey results, the Trade Hub team evaluated the gaps identified and ranked them by the effect they have on restricting or discouraging trade. The table below prescribes the priority recommendations for addressing gaps in the free movement of persons:

Table 10: Priority Recommendations on Free Movement of Persons


1 Visa and cost free movement of persons

Spot-check immigration for the collection of informal paymentsHotline reports sent to national immigration, ECOWAS and publicized

a) National Immigration Headquartersb) ECOWAS Free Movement of Persons

Departmentc) Trade Hub hotline

2 Public awarenessPost signs at all borders on immigration procedures in both English and French, fees applicable, and documents necessary. Use pictures and numbers for those who may not read French or English.

National immigration offices

3 ECOWAS passport/ Travel Certificate

Start to issue ECOWAS formatted documents as residents apply for or renew passport or travel documents.


4 Residence CardsNational rules on Residence Cards, the type accepted and when required, must be disseminated and posted to eliminate discrepancies.


Implementing the ETLS protocols on free movement of persons in Côte d’Ivoire is likely to reduce corruption and increase predictability of requirements at the border for travellers and traders.


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6 Conclusions

The challenges of proper implementation of the ETLS protocols in ECOWAS member states are even more pronounced in Côte d’Ivoire since the country has been divided into two parts; the volume of exports going to neighboring countries through the north of Côte d’Ivoire has reduced significantly due to the internal border between the north and the south. The upside of transport business in Côte d’Ivoire is that the rail system is functional and able to transport both persons and goods to Burkina Faso. The system seems to be effective and much faster than road transport since there are fewer delays by rail.

Rules and ProceduresAll stakeholders (including customs, border police and the private sector) face significant difficulties when trying to obtain the texts of national legislation, regulations, procedures and protocols on regional trade. Trade Hub researchers could not find some legislation, even though they visited ministries and other agency offices in their search. Laws and regulations are not disseminated in an organized and systematic fashion. Border points could serve the public better by publicizing the procedures and fees required for transit and trade. The absence of available information leads to arbitrary procedures at borders and encourages requests for unofficial fees. Knowledge of the ETLS protocols is limited and education or clarification is needed by both the private and public sectors.

ImplementationSurvey results in all three areas (transport, movement of goods, and movement of persons) indicate inconsistent implementation of the ETLS in Côte d’Ivoire. While some protocols are reported as fully implemented by both the public and private sector, the majority are not. Especially troubling are protocols reported as fully implemented by the public sector, while the private sector experiences arbitrary procedures, non-tariff barriers and demands for informal payments. The ETLS protocols on transport have perhaps the most serious impact on transport costs: the ISRT Logbook or Carnet TRIEand bond guarantees have a visible and identifiable, financial impact on cross-border transit and trade. Eliminating redundant bond fees would be a significant step towards reducing formal costs of trade.

RecommendationsMany of the ETLS protocols have been implemented in Côte d’Ivoire, at least on paper. The recommendations for action made by this study emphasize robust and complete implementation of the protocols currently being applied inconsistently. The recommendations emphasize public awareness since many problems arise when members of the private sector are not aware of their rights under the ETLS. The recommendations call on government agencies (such as the Ministry of Transport and customs) as well as ECOWAS, the Trade Hub and other donors to collaborate onsolutions that will allow the ECOWAS free trade area to function for the benefit of all.


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7 ANNEXES

ANNEX A: Documents that must be produced for Import and Exportin Côte d’Ivoire

The public sector mentioned a few fees associated with cross border trade such as VAT and a “PCS” fee of 1% of the value for live animals. Other taxes and fees for cross border trade that are publicly posted are listed below:

Côte d’Ivoire Posted Import and Export TaxesImports Rates Exports Rates

Statistical Fee 1% Cola nut 14% ad valorem

UEMOA levy 1% Cashew nut 10 F/Kn

ECOWAS levy 0.5% Coffee 50 F/Kn

VAT 18% Cocoa (including products) 105 F/Kn – 220 F/Kn

Special Tax on Tomato Puree 25F/K Wood

35%(ad valorem); 18%; 10%; 7%; 5%; 4%; 3%; 2%; 1%

Tobacco Tax 23%, 33%, 35%

Alcohol Tax 7%, 8%, 25%, 20%,30%, 35%

Special Tax on Petroleum products

220 F/Liter - 210 F/Liter - 120 F/Liter - 25 F/Liter - 115 F/Kn - 70F/Kn -50F/Kn - 20F/Kn

Special Tax on tobacco for the development of football 2.5%, 5%, 10%

Tax Equalization (difference in mercurial value/CIF value) 100%

Levy on Meats 20-600F /kn

Temporary Import Tax 10%

Regressive Tax Protection 5%

Compensatory Levy on Bags

400 F/Kn - 350 F/Kn -200 F/PI

Solidarity Tax for National AIDS fund 2%


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The private sector reported the following formal and informal fees necessary for cross border trade:

Formal Fee (in CFA) Informal Fee (in CFA)

Lettre de voiture 22,500

Syndicat de Chauffeur/ Transport 50,000

Overloading 10,000-50,000

Container Seal 10,000

D25 5,000-16,000

D6 500-5,000

Transitaire 500-5,000

Transit Carnet 230,000

Border Processing 10,000-250,000

Certificate of Origin 500-1,500

Transit Tax 6%-43% CIF

Phytosanitary Inspection 2,000

Cargo Tracking Note 15,000

Insurance per load 15,000,000

Escort Fee 100,000

EMACI Fee 500 per tonne

OEC 100,000

Declaration Form 15,000

CBC 12,500

Tax de Commerce 1,000

Ticket de Convoyage100,000 for loaded/14,220 for empty trucks/additional 28,500 to pass through north


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ANNEX B: COTE D’IVOIRE Trade Regulations Catalog

FREE MOVEMENT OF PERSONS

TRANSPORTETLS Agreement Côte d’Ivoire law Source Form

Temporary vehicle import

Private vehicles registered in the territory of a Member State may enter the territory of another Member State up to 90 days upon presentation of the proper documentation.

Arrêté No. 0070-MT du 23 juillet 1998Arrêté No 0064 MET/CAB du 4Aout 2000 sur la lettre de voiture inter-etatsDecree No 98-406 of 22 July 1998 on liberalization of temporary vehicle imports, and commercial vehicles for goods and personsDecree No. 2002-306 of 29 May 2002 on liberalization of temporary vehicle imports and used vehicle imports for transport of goods and persons

a)Valid Driving Licence (national/international)

b)Lettre de Voiture inter-états

c) Feuille de routed)Insurance Policy

recognized by Member States

e) International vehicle inspection form (for vehicle and for goods)

f) Vehicle registration documents (cartes grises)

g)International Customs Carnet recognized within the Community.

ETLS Agreement Côte d’Ivoire law Source Form

Visa

Entry ConditionsPassports and VisasEntry into Côte d’Ivoire requires a valid passport and a visa for most foreigners except ECOWAS citizens.

Ministry of Foreign Affairswww.mae.gov.bf/SiteMae/infos-burkina/venir-burkina.html(October 14, 2009)

Visa

Residence Card

Legislation/regulations/rules could not be found by public access

Passport

Entry ConditionsPassports and VisasEntry into Côte d’Ivoire requires a valid passport and a visa for most foreigners except ECOWAS citizens

Ministry of Foreign Affairswww.mae.gov.bf/SiteMae/infos-burkina/venir-burkina.html(October 14, 2009)Arrêté Interministériel No 165 MI/MEF du 15 mai 2008 portant fixant des conditions d’établissement et de délivrance du passeport ordinaire

Passport

Immigration/Emigration


Carte d’embarquement


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Brown CardAll inter-state vehicles are required to have ECOWAS brown card as international insurance

National Bureau of ECOWAS Brown CardLaw No. 87-793 of 28 July 187 ratifying the ECOWAS Brown Card SchemeArrêté No 95 MEF. DA. creating the National Bureau to manage the ECOWAS Brown Card

Brown Card

Vehicle Inspection

In each member state, all heavy vehicles are subjected to periodic technical inspections.


SICTA (vehicle inspection society) and CIVIO (used vehicle control) certificates are required

Inspection Certificate

Agreement certificate for an ECOWAS road transit vehicle/Inter-state road transport permit

Regulation no. 14/2005/CM/UEMOATitle 4/Article 10a. In each member state, all heavy vehicles carrying goods weighing 7 tons or more, per single load, must have a transport permit, as described in Article 1, mentioning the nature of the goods transported and their weight, as well as their origin and the destination.

http://www.douanes.ci/?page=Infos.Dedouanement.dedouanement&rub=dedouanement

Transport Permit

Length 11m/ articulated vehicles for containers 15m/ articulated carriage or truck w/trailer 18m/breadth

Overall Width = 2.55MOverall Length = 12M-16M-18MHeight = 4M

Axle limit 11.5 tons See Annex E for Axle Load UEMOA

Containers -certificate of agreement for an ECOWAS road transit container

Vehicles transiting with goods in containers are to be registered with the Inspection Society

Convention and reference terms relative to Decree No. 90-603 of 4 August 1990 approving concession of public service between the Ivorian State and Vehicle Inspection Society (SICTA)SICTA and CIVIO (usedvehicle control) certificates are required.

SICTA and CIVIO Certificate

Container seals

Legislation/regulations/rules could not be found by public access.

Container Seal


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ECOWAS ISRT logbook-Carnet TRIE

Goods under transit benefit from suspended duties, taxes, prohibitions and applicable restrictions. They are covered by a bond or all documents required by conventions.


Logbook

ISRT convention guarantee -surety or bond – single or multiple transit

Law no. 64-29 of 1st August 1964 Title V/Chapter 1. Article 100:

1. Goods transported with duties, taxes or prohibitions suspended must be covered by a bond.

Côte d’Ivoire Customs WebsiteCirculaire No. 1056 of 02/08/2001 on application of the ISRT in Cote d’Ivoire

Bond

ISRT or ECOWAS Single customs declaration form

Law no. 64-29 of 1st August 1964 Title IV/Chapter 1. Article 75:All goods imported or exported must be declared in detail to assign them a customs regime.The exemption of duties and taxes, at entry or exit, does not dispense the obligation required by the present article.

Côte d’Ivoire Customs WebsiteCirculaire No. 1056 of 02/08/2001 on application of the ISRT in Côte d’Ivoire

Declaration Form

FREE MOVEMENT OF GOODS

ETLS Agreement Côte d’Ivoire Law Source Form

No quota or quantity restrictions

See “Unprocessed Goods”19Côte D’Ivoire Customs websitehttp://www.douanes.ci/?page=Infos.Dedouanement.dedouanement&rub=dedouanement20

Ministry ofCommerce

Removal of all non-tariff barriers

See “Unprocessed Goods”Côte D’Ivoire Customs websitehttp://www.douanes.ci/?page=Infos.Dedouanement.dedouanement&rub=dedouanement

No seasonal restrictions

Ministry ofCommerce

Minerals duty free See “Unprocessed Goods” Same as “Unprocessed

Goods”

19 Additional Act no 04/1996 Title III/Chapter 1/Article 4: “Unprocessed goods” are defined as unprocessed products originating in UEMOA, animal products born and bred in member states, minerals extracted and vegetables harvested in member states, which have not been industrially processed namely: minerals, live animals, fish, animal products from farming and sub-animal products, products extracted from the sea by boats registered in member states.20 Côte d’Ivoire Customs websitehttp://www.douanes.ci/?page=Infos.Basesreglement.base_reg_tec_1&rub=base_reg_tec_1&typrub=srub


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Vegetables and fruits need no certificate of origin and duty free

See “Unprocessed Goods” Same as “Unprocessed Goods”

Live animals need no certificate of origin and duty free


Products obtained from live animals


Products from hunting, game, fishing, seas, rivers are duty free


Industrial goods of ECOWAS origin


Certificate of originETLS Approval

Handicrafts of ECOWAS origin - duty free and no certificate of origin


Used articles fromECOWAS duty free


Scrap and waste from manufacturing in ECOWAS duty free

See “Unprocessed Goods” Same “Unprocessed Goods”

ECOWAS certificate of origin

Same as “Unprocessed Goods”

ECOWAS or UEMOA certificates.


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Transit goods duty free

Goods under transit benefit from the suspension duties, taxes, prohibitions and applicable restrictions.

Value added of 30% duty free

Unprocessed Goods Same as “Unprocessed Goods”

ETLS Register



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ANNEX C: ECOWAS Templates versus National Templates

COTE D’IVOIRE CERTIFICATE OF ORIGIN ECOWAS CERTIFICATE OF ORIGIN


50

Brown Card Legislation


51


52


53


54

Brown Card National Bureau


55


56


57


58


59


60

International Vehicle Inspection Form – Goods


61


62


63


64

International Vehicle Inspection Form - Traveler


65


66


67


68

Application of ISRT Convention


69


70


71


72


73

Passport Legislation


74


75


76

Vehicle Import Document


77


78

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TLS/

Sta

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Wha

t cha

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e pro

cess

wou

ld fac

ilitate

regio

nal tr

ade?


85

ANNEX E: Axle Load Regulations


86


87


88


89


90


91