This blog provides an update of the ratification and implementation status of the World Trade Organisation (WTO) Trade Facilitation Agreement (TFA) by African countries as of July 2019.[1] The TFA entered into force on 22nd February 2017, after ratified by two thirds of the WTO member states.

Ratification status

As of July 2019, 145 of 164 WTO member states have ratified the TFA. In the same period, 35 of 44 African WTO member states have ratified the TFA. Egypt was the most recent African country to ratify on 24 June 2019.

Table 1: African countries that have ratified and accepted the TFA

Country	Date of acceptance
Angola	09 April 2019
Benin	28 March 2018
Botswana	18 June 2015
Burkina Faso	21 September 2018
Cameroon	30 November 2018
Central African Republic	11 January 2018
Chad	22 February 2017
Congo	05 October 2017
Côte d'Ivoire	08 December 2015
Djibouti	05 March 2018
Egypt	24 June 2019
eSwatini	21 November 2016
Gabon	05 December 2016
Gambia	11 July 2017
Ghana	04 January 2017
Kenya	10 December 2015
Lesotho	04 January 2016
Madagascar	20 June 2016
Malawi	12 July 2017
Mali	20 January 2016
Mauritius	05 March 2015
Morocco	14 May 2019
Mozambique	06 January 2017
Namibia	09 February 2018
Niger	06 August 2015
Nigeria	16 January 2017
Rwanda	22 February 2017
Senegal	24 August 2016
Seychelles	11 January 2016
Sierra Leone	05 May 2017
South Africa	30 November 2017
Togo	01 October 2015
Uganda	27 June 2018
Zambia	16 December 2015
Zimbabwe	17 October 2018

Overview of the TFA

The TFA aims to facilitate and speed up the movement, release and clearance of goods at the borders, including goods in transit. The TFA seeks to promote effective cooperation among customs and other relevant authorities on trade facilitation and customs compliance issues. The TFA contains provisions (Arts. 1 to 12) covering, inter alia, publication and availability of information; disciplines on fees and charges imposed on or in connection with importation and exportation; other measures to enhance impartiality, non-discrimination and transparency, release and clearance of goods; border agency cooperation; movement of goods under customs control intended for import; formalities connected with importation and exportation and transit; freedom of transit; and customs cooperation.

The TFA provides for special and differential treatment allowing developing and least-developed countries (LDCs) to self-select commitments and determine timeframes for implementing TFA provisions. LDCs are only ‘required to undertake commitments to the extent consistent with their individual development, financial and trade needs or their administrative and institutional capabilities’ (Art. 13.3). Technical and financial assistance is also provided to assist developing countries and LDCs in implementing the TFA provisions depending on their nature and scope. 18 African countries have joined the WTO as developing countries, and 26 as LDCs; other 9 African countries are in the process of joining the WTO.

Table 2: WTO membership and accession status of African countries

LDCs	Developing countries	Accession in progress
Angola	Botswana	Algeria
Benin	Cabo Verde	Comoros
Burkina Faso	Cameroon	Ethiopia
Burundi	Congo	Equatorial Guinea
Central African Republic	Côte d’Ivoire	Libya
Chad	Egypt	Sao Tomé and Principe
Democratic Republic of Congo	eSwatini	Somalia
Djibouti	Gabon	South Sudan
Gambia	Ghana	Sudan
Guinea	Kenya
Guinea Bissau	Mauritius
Lesotho	Morocco
Liberia	Namibia
Madagascar	Nigeria
Malawi	Seychelles
Mali	South Africa
Mauritania	Tunisia
Mozambique	Zimbabwe
Niger
Rwanda
Senegal
Sierra Leone
Tanzania
Togo
Uganda
Zambia

Designation and notification of TFA provisions by African countries

Countries are required to categorise the substantive provisions of the TFA (Arts. 1 to 12) into three (Category A, B and C) and notify other WTO members of these categorisations. The commitments designated by member states under the three categories will be made an integral part of the TFA.

• Category A contains provisions that a developing country member will implement upon entry into force of the TFA, and that an LDC member, within one year after entry into force.

• Category B contains provisions that the developing country or LDC members will implement after a transitional period following entry into force of the Agreement.

• Category C contains provisions that the developing country or LDC member will implement on a date after a transitional period following the entry into force of the TFA and requiring the acquisition of assistance and support for capacity building.

Table 3 shows the designation and notification of TFA provisions by African countries. The table shows that 22 African countries have notified all their categories A, B and C commitments. South Africa has notified Category A and B commitments. 14 African countries have notified their Category A commitments only. Djibouti and Benin have ratified the TFA but are yet to notify their Category A, B and C commitments.

Some African countries (i.e. Mauritania, Burundi, Democratic Republic of Congo (DRC), Tanzania and Tunisia) that are yet to ratify the TFA have already submitted their category notifications. Mauritania has notified all its category commitments, while Burundi, DRC, Tanzania and Tunisia have only notified they Category A commitments. African countries have designated provisions related to the systems they already in place as Category A commitments.

Table 3: Category A, B and C notifications by African countries

Country	Category A	Category B	Category C
Angola	^	^	^
Lesotho	^	^	^
Madagascar	^	^	^
Malawi	^	^	^
Mali	^	^	^
Mauritania	^	^	^
Mauritius	^	^	^
Morocco	^	^	^
Mozambique	^	^	^
Botswana	^	^	^
Central African Republic	^	^	^
Chad	^	^	^
Gambia	^	^	^
eSwatini	^	^	^
Niger	^	^	^
Nigeria	^	^	^
Rwanda	^	^	^
Senegal	^	^	^
Seychelles	^	^	^
Sierra Leone	^	^	^
Togo	^	^	^
Zambia	^	^	^
South Africa	^	^
Burkina Faso	^
Burundi	^
Cameroon	^
Congo	^
Côte d'Ivoire	^
Democratic Republic of Congo	^
Egypt	^
Namibia	^
Gabon	^
Tanzania	^
Ghana	^
Kenya	^
Tunisia	^
Uganda	^
Benin
Djibouti

Requirements for Category B and C notifications

For Category B and C, countries are required to notify the provisions, the indicative and definitive dates of implementation as well as the assistance and support for capacity building required in order to implement such provisions. Table 4 below shows African countries that have notified their indicative and definitive dates for implementing Category B and C commitments and have requested technical assistance for implementing such commitments.

Table 4: African countries’ Categories B and C indicative and definitive dates and request for technical assistance

Country	Category B		Category C		Request for technical assistance
	Indicative dates	Definitive Dates	Indicative dates	Definitive dates
Botswana	^	^	^	^	^
Egypt	^	^	^	^	^
Morocco	^	^	^	^	^
Mozambique	^	^	^	^	^
eSwatini	^	^	^	X	^
Seychelles	^	^	^	X	^
Mauritius	^	^	^	X	^
Mauritania	^	X	^	^	^
Gambia	^	X	^	X	X
Lesotho	^	X	^	X	X
Madagascar	^	X	^	X	Some
Nigeria	^	X	^	X	^
Togo	^	X	^	X	^
Senegal	^	X	^	X	^
Sierra Leone	^	X	^	X	X
Rwanda	^	X	X	X	X
South Africa	^	^	X	X	X
Malawi	^	X	Some	X	^

Table 4 reveals that only 18 African countries have thus far notified their indicative or definitive dates for the implementation of Category B and C provisions. Botswana, Egypt and Mozambique have notified all indicative and definitive dates for implementation of Category B and C provisions. eSwatini, Mauritius and Seychelles have notified all the dates but not the definitive dates of implementation of Category C provisions. Mauritania have notified all dates except the definitive dates of implementation of Category B commitments. Gambia, Lesotho, Madagascar, Nigeria, Togo, Senegal and Sierra Leone have only notified the indicative dates of Category B and C. South Africa has only notified both indicative and definitive dates for Category B. Malawi has notified the indicative dates for Category B and some of the indicative dates for Category C. Rwanda has only notified indicative dates for Category B.

Botswana, Egypt, Morocco, Mozambique, eSwatini, Seychelles, Mauritius, Mauritania, Nigeria, Togo, Senegal and Malawi have requested technical assistance in order to implement their Category C provisions. Madagascar has requested technical assistance for the implementation of some of the Category C provisions. The type of technical assistance that has been requested by most African countries includes human resource and training, legislation and regulatory framework, information, communication and technology, institutional procedures, infrastructure and equipment, diagnostic and needs assessment, and awareness-raising.

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[1] See an earlier tralac Trade Brief by the same author, titled An Update on the WTO Trade Facilitation Agreement and African countries