How do AfCFTA rules of origin impact exporting textiles from Senegal to other member states?
Réponses d'Avocats
mohammad mehdi ghanbari
As a Senegal-based textile exporter, your ability to benefit from the African Continental Free Trade Area (AfCFTA) depends on proving that your goods "originate" in Senegal according to specific protocols.
1. Determining Origin for Textiles (Rules of Origin)
Under AfCFTA, your textiles do not automatically qualify just because they are shipped from Senegal. They must meet the Rules of Origin (Annex 2 of the Agreement). For the textile and apparel sector, the rules typically require:
Substantial Transformation: If you use imported materials (e.g., fabric from China or India), they must undergo sufficient processing in Senegal to change their tariff heading.
Specific Processes: For many textile products, AfCFTA requires a "two-stage" transformation. For example, to export apparel duty-free, the weaving or knitting of the fabric and the assembly (sewing) of the garment must generally both occur within an AfCFTA member state.
Note: If you simply repackage or label finished garments imported from outside Africa, they will not qualify.
2. Qualifying for Preferential Tariffs
Your shipments qualify for reduced or zero tariffs only if:
The Destination Country has an active Tariff Schedule: The country you are exporting to must have submitted and operationalized its tariff offer.
Your Product is "Originating": You must prove the origin using the certificate described below.
Direct Consignment: The goods must be shipped directly from Senegal to the destination country without entering the commerce of a non-member country.
Because Senegal is a member of ECOWAS, your exports generally fall under the ECOWAS tariff offer, which has liberalized roughly 90% of tariff lines for AfCFTA trade.
3. Required Documents
To clear customs at the destination with preferential treatment, you must provide:
AfCFTA Certificate of Origin: The specific valid format for AfCFTA (distinct from the standard ECOWAS certificate).
Commercial Invoice: Standard 3 copies, clearly stating FOB value.
Packing List: Detailing the contents of each package.
Customs Export Declaration: Processed through the local system.
Evidence of Origin (for your records): You must retain documents proving the sourcing of your raw materials (e.g., invoices for yarn/fabric purchased locally or import docs for raw cotton) in case of a verification audit.
4. How to Obtain Documents in Senegal
You can and must obtain these documents locally before shipment. The process in Senegal involves a mix of digital processing and physical validation:
Step 1: Use the ORBUS System: Senegal uses the ORBUS 2000 Single Window (operated by GAINDÉ 2000). You or your customs broker (commissionnaire en douane) should lodge your export declaration and supporting document requests through this platform.
Step 2: Obtain the Certificate Form: The physical AfCFTA Certificate of Origin forms are typically dispensed by the Chamber of Commerce, Industry, and Agriculture of Dakar (CCIAD) or regional chambers. You purchase the form there.
Step 3: Technical Validation & Visa:
Fill out the certificate.
Have it reviewed by the relevant technical directorate (e.g., Direction du Commerce Extérieur) to confirm origin criteria are met.
Final Visa: The Customs Administration (Douanes Sénégalaises) or the designated competent authority within the Ministry of Trade must sign and stamp the certificate to make it valid for AfCFTA preference.
Approved Exporter Status: If you export frequently, inquire with the Comité national de reconnaissance de l'origine communautaire (CNROC) about becoming an "Approved Exporter." This status allows you to self-certify origin on your invoices for shipments, bypassing the need for a fresh certificate for every shipment.
Recommendation: Since values over 200,000 CFA typically require a licensed customs broker in Senegal, instruct your broker specifically to apply for the AfCFTA Certificate (not just a standard export certificate) to ensure you get the duty benefits at the destination.
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