UNITY - DISCIPLIN E- LABOUR 

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MINISTRY ATTACHED TO THE OFFICE OF

THE PRIME MINISTER IN CHARGE OF

ECONOMY, FINANCE  AND PLANNING

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MINISTRY OF TRADE AND INDUSTRY

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DECREE N° 95-712 OF 13 September 1995 

            Laying down modalities for the implementation of law n° 95-620 of  3rd August 1995 establishing the investments Code.  

THE  PRESIDENT OF THE REPUBLIC 

            Upon the joint report of the Minister of Trade and Industry, the Minister  attached to the Office of the Prime Minister in charge of Economy, Finance and Planning and... 

            Considering the Constitution ; 

            Considering law n° 95-620 of 3rd August 1995 establishing the Investments Code ; 

            Considering decree n° 93 PR/011 of 15th December 1993, appointing the members of Government ; 

            Considering decree n°  93 -921 of 30th December 1993, defining the functions of the members of Government ;

 

THE COUNCIL OF MINISTERS 

DECREES 

ARTICLE 1 

            The modalities for implementing law n° 95-620 of 3rd August 1995 above establishing the Investment Code, are laid down by the present Decree.  

TITLE I 

NATURE OF ACTIVITIES, ELIGIBILITY THRESHOLD AND

 INVESTMENT TRANSACTIONS

 

ARTICLE 2 

            In accordance with article 9 of law n° 95-620 of 3rd August 1995 establising the Investment Code, the list of articles of the sectors that can receive the benefits under the declaration system is annexed to the present decree. 

            Annexed also to the present decree is the indicative list of the equipment and materials that can benefit from the advantages defined in  the article 20 of the above-mentioned law. 

            This list may, if necessary, be extended by the bylaw of agreement referred to in article 14 of the present decree. 

ARTICLE 3 

            In application of article 13 of law n° 95-620 of 3rd August 1995 establising the Investment Code,  the benefit of the bylaw of agreement to investment is given depending on whether the investment amount is between CFA  F 500 millions and 2 billion or higher than 2 billion.           

            These amounts include gross fixed investments and are net of refundable VAT and working capital.

ARTICLE 4 

            The activity creation and development operations referred to in articles 8 and 17 of the aforementioned law are as follow : 

                        4.1 Activity creation is the implementation of a new project by an   enterprise. 

                        4.2  Activity development  is the implementation, by an enterprise, of an  expansion,  diversification, integration or modernisation project  under the conditions set forth hereunder : 

                          4.2.1  Expansion is the increase in the productive capacity of an   enterprise. 

                          4.2.2  Diversification is the manufacture of a new product by an   already existing enterprise, involving the acquisition of   new materials. 

                          4.2.3 Integration is the production of a raw material or   consumable  material  required to manufacture a finished  product ; the operation involves the acquisition of new   materials ;

                          4.2.4  Modernisation is the renewal of production equipment in    order to adapt the enterprise to demand trend or technological progress ; it leads to an increase in the initial productive capacity.