Angola: Import licensing requirements (ID 45)
Loading
Committee on Import Licensing - Formal meeting of 21 May 2024
European Union
Information currently restricted.
United States
Information currently restricted.
Angola
Information currently restricted.
Committee on Import Licensing - Formal meeting of 31 October 2023
European Union
Information currently restricted.
Angola
Information currently restricted.
Committee on Import Licensing - Formal meeting of 23 May 2023
European Union
Information currently restricted.
United States
Information currently restricted.
Angola
Information currently restricted.
Committee on Import Licensing - Formal meeting of 07 October 2022
European Union
The representative of the European Union stated that her delegation remained deeply concerned about Angola's Presidential Decree No. 2319, which was intended to protect domestic industries but did so in a manner that was incompatible with the WTO's rules. In this regard, the EU wished to remind Angola that, since 2019, it had been raising its concerns at various WTO meetings, notably before the Council for Trade in Goods, the Committee on Market Access, and the Committee on Agriculture, as well as at the Committee on Import Licensing in October 2021. To date, Angola had not provided any substantive replies or explanations as to how it intended to bring this Decree into the remit of WTO legality. Irrespective of its legality with regard to the WTO's rules, the EU reiterated the need for Angola to provide the clearest picture on the process regarding this Decree, including any changes it wished to introduce and in which areas. Once again, her delegation strongly urged Angola to review the relevant measures in order to assure their compliance with the WTO's rules. Specifically concerning the remit of this Committee, the Decree did not provide information on how these restrictions were implemented. In particular, it was unclear if licences were used to manage these restrictions. The EU requested Angola's clarification in this regard. At the same time, the EU reminded Angola of its obligations under the Agreement on Import Licensing Procedures to notify the measures should licences be involved in the implementation of this Presidential Decree. Depending on Angola's engagement on this file, the EU would decide on which approach to take to ensure an adequate protection of its trade interests.
The representative of the European Union thanked Angola for its remarks and requested to receive them in writing for further review.
United States
The representative of the United States appreciated the attention given in this Committee to Angola's Decree No. 2319. He recalled that, at the Committee's April 2022 meeting, the representative of Angola had suggested that the information received by trading partners did not demonstrate the reality of the current process of imports to Angola. He added that, while diversification of trade was positive, it was also important to have a legal and regulatory framework in place that ensured an environment free of trade obstacles in the medium and long term.
Angola
The representative of Angola thanked the European Union and reiterated Angola's previous statements made in this and other committees. Her delegation did not consider that the information provided by their partners demonstrated the reality of Angola's current import process, which had open and fast procedures for issuing import and export licences. On Decree No. 2319, she clarified that Angola's market was open to all imported products, as could be seen from the relevant statistics regarding import volumes into Angola from other WTO Members. For example, in the period 2019 to 2021, EU exports to Angola amounted to a total of USD669,104,753.07. Portugal alone had total exports to Angola amounting to USD376,664,445.31. These numbers showed that Angola was still importing goods, and that its market remained open. Furthermore, in 2019, Angola's imports from the United States had amounted to a value of approximately USD628,684,478.05. Furthermore, she noted that, in 2023, Angola's trade policies and practices would be subject to an in-depth examination under the WTO's Trade Policy Review Mechanism. In this context, all of Angola's Decrees would be examined and reviewed. She stated that her delegation was focused on the people of Angola, as well as African consumers and beyond. In this regard, she reiterated that Angola's market continued to be open to imports, and that Decree No. 23/19 in no way restricted imports. At the same time, she considered it important and necessary to focus on what Angola itself was capable of making and producing in order for it to become a competitive player in the global market. In short, Angola wished to be a partner, not only a consumer, and thereby not only an importer, but also an exporter of products.
The representative of Angola indicated that her delegation would share all of the relevant information with the European Union, including the statistics concerning imports of all goods from the EU, the Russian Federation, and the United States.
Committee on Import Licensing - Formal meeting of 08 April 2022
European Union
The representative of the European Union stated that her delegation maintained its deep concerns over Angola's Presidential Decree No. 23/19 aiming to protect domestic industries in a manner incompatible with WTO rules. The EU reminded Angola that these concerns had already been raised in previous WTO meetings since 2019, notably during the Council for Trade in Goods, the Committee on Market Access, the Committee on Agriculture, and, in October 2021, at the Import Licensing Committee itself. To date, Angola had not provided any substantive reply or explanations as to how it intended to bring this Decree into the remit of WTO legality. Irrespective of its illegality with WTO rules, the EU reiterated the need for Angola to provide the clearest possible picture of its process regarding this Decree, including any changes it wished to introduce, and in which sectors. Therefore, her delegation once again strongly urged Angola to review its relevant measures in order to ensure their compliance with WTO rules. Specifically concerning the remit of the Committee on Import Licensing, she noted that the Decree did not provide any information on how the restrictions had been implemented. Notably, it was unclear if licences were to be used to manage the restrictions. Therefore, the EU requested Angola to clarify this question. At the same time, the EU reminded Angola of its obligation under the Import Licensing Agreement to notify the measures should licences be involved in the implementation of the Presidential Decree in question. She concluded by saying that, depending on Angola's engagement on this issue, the EU would decide on which approach to take to ensure an adequate protection of its trade interests.
United States
The representative of the United States indicated that her delegation continued to have significant concerns about Presidential Decree No. 23/19, issued in January 2019. The US had been pleased to hear the Angolan delegate's statement at the 21 October 2021 Committee on Import Licensing, indicating that Angola would continue to work with the competent authorities to address the various trade issues raised by Members. Her delegation was wondering whether Angola had an update on that review to harmonize the Decree with WTO rules. The United States understood that Angola was a developing country with a reliance on imports and was looking to promote domestic production and diversify its economy. However, reducing obstacles to international trade, promoting stability, and ensuring competition were all objectives that promoted economic development, and the US requested clarity on how Decree No. 23/19 could be reconciled with those objectives. She added that, although at the Committee's previous meeting, in October 2021, Angola had stated that no product was prohibited from being imported at that time, the US remained concerned that the Decree, as written, could limit trade in the future, especially through potential temporary quantitative restrictions. The US also wondered whether there was an update on the analysis of the Angolan internal capacity to replace the imports in question, as envisaged in Angola's statement at the Committee's previous meeting.
Angola
The representative of Angola thanked the European Union and the United States for their questions and reaffirmed the statements that his delegation had made at previous meetings of this and other committees. He added that his delegation was of the view that the information that was received by trading partners did not demonstrate the reality of the current process of imports to Angola, which had open and speedy procedures for the issuance of import and export licences on the basis of Decree No. 126/20. He noted that Angola was mainly an importer of products and that it had been working to gradually change that situation by increasing its national production.
Committee on Import Licensing - Formal meeting of 08 October 2021
European Union
The representative of the European Union reiterated her delegation's deep concern over Angola's Presidential Decree No. 23/19 aiming to protect domestic industries in a manner incompatible with WTO rules. She stated that this Presidential Decree could have proven detrimental to foreign investments in Angola, and that, beginning in 2019, the European Union had already raised these concerns at previous meetings of the Council for Trade in Goods, the Committee on Market Access, and the Committee on Agriculture, as well as in the Import Licensing Committee at its meeting of 21 April 2021. She noted that, to date, Angola had not provided any substantive replies or explanations as to how it intended to bring this Decree under the remit of WTO rules. The European Union reiterated that, irrespective of the Decree's inconsistency with WTO rules, Angola still needed to provide a clear picture of the process set forth in the Decree, including any changes it wished to introduce, and in which sectors. The European Union remained supportive of Angola's intention to diversify its economy and to develop its domestic industry. Nonetheless, they once again urged Angola to review the relevant measures in order to ensure their compliance with WTO rules. Specifically, concerning the remit of the Committee on Import Licensing, the Decree did not provide information on how the restrictions were to be implemented. Notably, it was unclear if licences were to be used to manage the restrictions. Therefore, the European Union requested Angola to clarify this question. The European Union also reminded Angola of its obligation under the Import Licensing Agreement to notify the measures should licences be involved in the implementation of the Presidential Decree. Depending on Angola's engagement on this file, the European Union would further decide on an approach appropriate to ensure an adequate protection of its trade interests.
United States
The representative of the United States underscored that her delegation continued to have significant concerns about Angola's Presidential Decree, issued in January 2019. Nevertheless, the United States had been pleased to hear Angola's statement at the Committee's 21 April 2021 meeting, indicating that they would be working on a possible review of the measure. In this respect, her delegation, like the European Union, wondered if Angola still planned to revise the Decree and, if so, if they had an update on such a review. In addition, the United States requested Angola to provide information regarding the implementation of the Decree, in light of WTO rules, as well as to comment on its potential impact on trade, investment, and businesses operating in Angola. While her delegation understood that the stated goal of this Decree was to increase domestic economic diversification and development, they remained concerned about the impact of the Decree on imports. The United States understood that the Decree targeted 54 products, mainly agricultural goods, and that it could potentially target more products in the future. Since the Decree's implementation, the United States had heard reports of confusion over how it was being enforced, and of delays facing goods at the border. US agricultural exporters were particularly concerned over delays that perishable goods might have faced amidst all of this uncertainty. She recalled that her delegation had also raised their concerns at the most recent meetings of the Committee on Market Access and the Committee on Agriculture.
Angola
The representative of Angola said that her Capital was continuing to work with the competent authorities to address the issues raised. She noted that Angola, as a developing country, had always been heavily dependent upon imports. Given this, the Government of Angola had decided to reverse the paradigm, to look at its fragile economy, and to create new administrative mechanisms to strengthen products for domestic consumption. The provisions of the legislation in question and in force did not focus on any type of protectionism, as the country was committed to the promotion of free competition, but rather on the promotion of national production, in conjunction with the implementation of a national policy for diversification of the economy. However, her delegation recognized that the objective of the WTO was to reduce obstacles to international trade and that its focus was to ensure stability and competition among Members, thereby ensuring their economic development. She explained that the Decree implemented the Program to Support National Production, Export Diversification and Import Substitution – PRODESI. The strong dependence of the national economy on the oil sector was the main characteristic of the current imbalance in the country's economic structure. The experiences of several countries demonstrated that the sustainable development of other sectors of the economy, such as agriculture, fisheries, and industry, had to be considered in a logic of promotion, including with an effective focus on diversifying national production and generating wealth in those clusters with greater potential for generating value and increasing exports. The process of progressive diversification of the country's economic base, in terms of the internal market and exports, had to be based on adequate coordination between public and private investments, with the latter becoming the engine of productive activity. She said that all inconsistencies in the Decree were being analysed and revised, and that certain terms were also under review, to harmonize them with the WTO's rules; the relevant provisions would be duly notified. She added that the Decree in question did not in any way prohibit the importation of any product originating from any other country or Member that was similar to the national product. She stated that, whether the Decree also involved the application of temporary quantitative restrictions would depend on the determination by the Executive of the existence, in the year 2022, of an internal capacity to replace the imports in question, as well as the maintenance of stability and regularity in the supply of the respective goods to final consumers. Therefore, in 2022, an analysis of the internal market would be carried out to substantiate the existence of internal capacity at the level of national production. She concluded by reaffirming her delegation's commitment to the multilateral trading system, and by offering to provide any further clarifications that might help in resolving any disagreements through dialogue.
Committee on Import Licensing - Formal meeting of 21 April 2021
European Union
The representative of the European Union stated that her delegation was deeply concerned about Angola's Presidential Decree No. 23/19, which aimed at protecting domestic industries but in a manner incompatible with WTO rules. This decree could prove detrimental to foreign investments in Angola. The European Union reminded Angola that these concerns had already been raised, since 2019 in meetings of other WTO bodies, notably the Council for Trade in Goods, the Committee on Market Access, and more recently, in March 2021, at the Committee on Agriculture. To date, Angola had not provided any substantive reply or explanations as to how it intended to bring this decree into the remit of WTO legality. Irrespective of its illegality with WTO rules, the European Union reiterated the need for Angola to provide the clearest picture of the process regarding this decree, and of any changes it wished to introduce to it, including information as to which sectors those changes would be applied. While the European Union remained supportive of Angola's intention to diversify its economy and to develop its domestic industry, it nevertheless urged Angola once again to review the relevant measures, in order to ensure their compliance with WTO rules. Concerning the specific remit of the Committee on Import Licensing, she noted that the decree did not provide any information on how these restrictions were to be implemented. In particular, it was unclear if licences were to be used to manage these restrictions. Therefore, the European Union requested Angola to clarify this question. The European Union also reminded Angola of its obligation under the Import Licensing Agreement to notify the measure if licences had been involved in the implementation of this decree. She stated that, depending on Angola's engagement on this issue, the European Union might take further decisions on its approach to ensuring an adequate protection of its trade rights and interests.
United States
The representative of the United States said that her delegation had significant concerns with Angola's Presidential Decree No. 23/19, issued in January 2019. While they understood that the goal of this decree was to increase domestic economic diversification and development, there were concerns as to the type of impact the decree would have on imports. Her delegation understood that this decree had targeted 54 products, mainly agricultural goods, and that it could potentially target additional products in the future. Since the implementation of the decree, her delegation had heard reports of confusion over how the decree was being enforced and of delays facing goods at the border. Their agricultural exporters were particularly concerned over delays that perishable goods faced amidst the uncertainty. She stated that her delegation had already raised its concerns at the most recent meetings of the Committee on Market Access and the Committee on Agriculture, and had asked Angola to explain if it had plans to revise the decree, or how it planned to implement it, in light of WTO rules, given its potential impact on trade, investment, and businesses operating in Angola.
Angola
The representative of Angola thanked the European Union and the United States for their statements, of which they took note. Nevertheless, he informed these delegations that Angola had submitted to the Trade Policy Review Division, in September 2020, its notification relating to its commercial legislation on imports and exports. He said that Presidential Decree No. 126/20, of 5 May 2020, had approved the "Regulation on Administrative Procedures to be Observed in the Licensing of Imports and Exports" and had defined a simplified and unbureaucratic model of these procedures with a view to improving the business environment, guaranteeing stability and confidence in the licensing of foreign trade operations, and adapting to the current political, economic, and social panorama. He explained that the measure applying the requirements for import licences was intended to be in harmony with the provisions, rules, and regulations of the WTO, and, in particular, with Article VIII:1(c) of GATT 1994, according to which, Members "… also recognize the need for minimizing the incidence and complexity of import and export formalities and for decreasing and simplifying import and export documentation requirements", as well as with the provisions of the Agreement on Import Licensing Procedures, in the sense that such procedures were implemented in a transparent and predictable manner, in accordance with practices adopted in international trade, and in the sense that they were applied and administered in a fair and equitable manner. He said that Angola stood ready to continue to work with the Secretariat to identify this legislation already submitted to the WTO. He added that his delegation would also work on the possible review of Presidential Decree No. 23/19.