Customs Administrations Needs and Challenges Analysis Report

65. OHADA Organisation for the Harmonisation of Business Law in Africa
66. OTR Togo Revenue Authority
67. PANASTAT Pan-African Institute of Statistics
68. PIPD Programme Innovation and Planning Directorate
69. RECs Regional Economic Communities
70. RILO Regional Intelligence Liaison Office
71. RKC Revised Kyoto Convention
72. ROCB Regional Offices for Capacity Building
73. RRA Rwanda Revenue Authority
74. RTCs Regional Training Centres
75. SACU Southern Africa Customs Union
76. SADC Southern African Development Community
77. SIDS Small Islands Developing States
78. SMEs Small and Medium Enterprises
79. SRA Eswatini Revenue Authority
80. TFSP Trade Facilitation Support Programme
81. TMEA TradeMark East Africa
82. tralac Trade Law Centre in Africa
83. trapca Trade Policy Centre in Africa
84. TRS Time Release Study
85. UCV Universidade Cabo Verde (Portuguese)
86. UMA Arab Maghreb Union
87. UN United Nations
88. UNCTAD UN Conference on Trade and Development
89. UNECA United Nations Economic Commission for Africa
90. UNGA UN General Assembly
91. WCA West and Central Africa
92. WCO World Customs Organization
93. WDR World Development Report
94. WTO World Trade Organization

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ANNEXURE 6

Bibliography of Research Sources, Readings and websites
Research document Sources

1. AfCFTA Agreement
2. AfCFTA Annexes
3. AUC Treaty establishing the African Economic Community
4. Committee Meeting of Senior Trade Officials 26 October 2020
5. Study 4 – AfCFTA Capacity Building needs of Customs Administrations by Creck

Buyonge-Mirito and Philipp Wind (Ref: AUC/CFTA/STUDY No. 4.1.9 (Dec 2020)
6. Extract from Mr Willie Shumba Presentation of Webinar Feedback of 08 March 2021
7. 12th Extraordinary Session of the Assembly on the AfCFTA Decisions and Declaration

July 2019
8. 35th Ordinary Session of the Executive Council of the African Union Decisions July 2019
9. AfCFTA Conditions for Success
10. AUC Treaty Member Status Report Establishing the African Economic Community
11. Briefing Notes to SG of the AfCFTA
12. Complied Annexes of the AfCFTA Agreement
13. Concept Notes - Strengthening National implementation of the AfCFTA November 2019
14. Customs Tasks under the AFCFTA
15. Decisions of the Executive Council on the AfCFTA 15th January 2020
16. EN - Draft Report for virtual Joint Meeting of Ministers of AMOT and CoM
17. EN - Draft Report for virtual joint meeting of STOs of AMOT and CoM
18. Updated Modalities and detail of 21 Sep 2017 Compromise for G-7 Special Needs
19. African Union CFTA Unit - Situational Analysis of Customs Procedures and

Cooperation, Trade Facilitation and Transit Instruments in the AU Member States and
REC’s STUDY (REF: AUC/CFTA/STUDY Nr. 01 / 2017)
20. GATT Agreement and Articles
21. Presentation on AfCFTA by Prudence Sebanzi
22. The AfCFTA by Willie Shumba 24-02-2020
23. African Economic Outlook 2020

24. Agenda 2063
25. AUC Handbook 2020
26. FAQ – Financing in the African Union

Readings

1. International Trade Centre: “A business guide to the African Continental Free Trade
Area Agreement

2. Doubts about the Origin of Goods – Schroembges & Wenzlaff
3. Impact of exchange rate on Origin of Goods – Cezary Sowinski
4. EU and Free Trade Agreements Tradoc
5. Rules of Origin and the use of Free Trade Agreements – Jisoo Yi
6. SADC Rules of Origin Guide
7. WCO Revised Kyoto Convention
8. WCO SAFE Framework of Standards 2018 version
9. WTO ATF status of play in Southern African Customs – Dhunraj Kassee
10. WCO e-Book on Trade Facilitation in East and Southern Africa
11. Trade Facilitation in Africa – Challenges and Possible solutions
12. GIZ Customs Leadership Training – Factsheet
13. GIZ Handbook of Systemic Change Leadership Layout
14. An Assessment of motivation initiatives
15. AUC – EU Financing the African Union
16. Best practices in Customs Administration
17. Capacity Building in Nigeria Customs
18. EU Non-Tariff Barriers
19. EU Protocols on Trade of Goods
20. EU Negotiations to deepen Trade Relations.
21. EU Customs Competency Development Guidelines
22. Impacts of Training Needs & Analysis
23. Journal of Environmental Pollution & Human Health
24. The Impact of Ethical Leadership

25. TIA Needs & analysis Summary Report
26. Needs & Analysis Leadership Skills
27. WCO Mercator Programme
28. WCO Mercator Programme Annual Report
29. WCO Journal Article 05 Trade Facilitation in Africa – Challenges and possible Solutions

WCO INCU Journal Article
30. IOL News Article of 29 March 2021

Websites:

1. South African Revenue Services www.sars.gov.za
2. WCO Istanbul Convention

http://www.wcoomd.org/en/topics/facilitation/instrument-and-
tools/conventions/pf_ata_system_conven.aspx
3. WCO Harmonized Convention -
http://www.wcoomd.org/en/topics/nomenclature/instrument-and-
tools/hs_convention.aspx
4. tralac website: https://www.tralac.org
5. African Union website: https://africa-eu-partnership.org/en/afcfta
6. https://au.int/en/documents/20180316/afcfta-questions-answers
7. https://au.int/sites/default/files/documents/36085-doc-qa_cfta_en_rev15march.pdf

ANNEXURE 7

PROPOSED UPDATED MODALITIES FOR G-7 SPECIAL NEEDS NEGOTIATING STATE PARTIES

1. This compromise and updated modalities are pursuant to the decision by the 29th Ordinary
Summit of Heads of State and Government of the African Union (AU), that took place on July 3rd
– 4th, 2017, in Addis Ababa. In the decision, His Excellency Mr. Mahamadou Issoufou, President
of the Republic of Niger and Champion of the Continental Free Trade Area (CFTA) was mandated
to find a compromise solution. President Issoufou delegated the search for compromise to
Nigeria, as Chairman of the African Ministers of Trade (AMOT).

2. Based on the consultations, by Nigeria, on 21st September 2017, on the margins of UNGA-72, in
New York, a compromise accommodation is hereby proposed to be accorded to the Group of
Seven (G-7) countriesi to provide for their particular vulnerabilities and special needs with respect
to tariff liberalization in the CFTA, over a defined transitional period. This compromise is
described in paragraphs 3, 4, 5 and 6 below.

3. To account for the special needs of these countries, and without prejudice to the agreed 90%
level of ambition, these special needs countries are to begin the process of liberalization,
exceptionally, from a starting level of ambition of 85 percent. This means that instead of
liberalizing 90 percent in 10 years they will instead liberalize only 85 percent of imports over the
10-year time frame. These liberalization commitments are to be subject to the same process of
tariff phase-down as is agreed to be applied to the liberalization commitments of all non-special
needs countries i.e. Linear Approach.

4. These countries with special needs will liberalize a remaining 5 percent to reach the 90 percent
(85 + 5 percent) level of ambition over a 15-year timeframe. The process of tariff phase-down for
the liberalization of the remaining 5 percent is to be in accordance with an “implementation
matrix” that will be determined by these special needs, countries, with due scope for the back-
loading of these commitments. The implementation matrix for each special needs, country will
be annexed to their CFTA Schedule of Concessions for trade in goods and shall be monitored
by the (institutional infrastructure to be confirmed for the Protocol on Trade in Goods).

5. There shall be no deviation from the negotiated and approved modalities for “Sensitive Products”
and the “Exclusion List”.

6. As background to this compromise, it is to be noted that all African countries are faced with a
range of variant vulnerabilities. The common challenge is to reduce barriers to intra-African trade
so as to generate robust and sustained growth that expands job creation to increase welfare and
prosperity and eliminate poverty, for domestic and continental stability. As presented in these
updated compromise modalities, in all instances, henceforth, as part of the consolidation of the
CFTA Single Market for Trade in Goods and increasing intra-African trade, any additional
measures to respond to vulnerabilities in all state parties to the CFTA shall be addressed,
exclusively, on a case-by-case basis within the institutional arrangements established by States
Parties to implement the Framework Agreement Establishing the African Continental Free Trade
Area (CFTA), the Protocols for Trade in Goods and Services, and associated annexes.

ANNEX: UPDATED MODALITIES TABLE INCORPORATING 21 SEPTEMBER 2017 COMPROMISE
FOR G7 SPECIAL NEEDS

Liberalization commitments Time Frame for liberalization (years)
(%)

Non-LDC LDC Special Non-LDC LDC Special
needsi 5 10 needs

90 90 85 10
Level of

Ambition 5iii 15

Sensitiveii 10 13 13
products x x x

Excluded
products y y y Excluded

i Djibouti, Ethiopia, Madagascar, Malawi, Sudan, Zambia, and Zimbabwe

ii Subject to request and offer negotiations.

iii These countries will liberalize a remaining 5% to reach the agreed 90% level of ambition in accordance
with an “implementation matrix” that will be determined by themselves and that will be annexed to their
CFTA Schedule of Concessions for Trade in Goods.

i Djibouti, Ethiopia, Madagascar, Malawi, Sudan, Zambia and Zimbabwe

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