Côte d’Ivoire offers a fertile environment for U.S. investment, and the Ivoirian government is keen to deepen its commercial cooperation with the United States. The Ivoirian and foreign business community in Côte d’Ivoire considers the 2018 investment code generous with incentives and few restrictions on foreign investors. The ongoing COVID-19 pandemic slowed the economy in 2020 and created new financial burdens for the government as it sought to put health mitigation and economic stimulus measures in place. International organizations such as the IMF and World Bank see some cause for optimism for a recovery in 2021 and 2022. According to the IMF, Côte d’Ivoire’s GDP growth fell from 6.5 percent in 2019 to 1.8 percent in 2020, with a return to growth at a more robust 6.2 percent projected for 2021.
U.S. businesses operate successfully in the following Ivoirian sectors: oil and gas exploration and production; agriculture and value-added agribusiness processing; power generation and renewable energy; IT services; digital economy; banking; insurance; and infrastructure. In 2020, Côte d’Ivoire maintained its position of 110 out of 190 economies in the World Bank’s Doing Business ranking. Côte d’Ivoire was eleventh among the 48 sub-Saharan Africa countries, notably coming in ahead of Ghana, Senegal, and Nigeria.
Economically, Côte d’Ivoire is among Africa’s fastest growing economies and is the largest economy in francophone Africa, attracting regional migrant labor. Also, home to the headquarters of the African Development Bank, Côte d’Ivoire attracts a significant expatriate professional community.
Doing business with the government remains a significant challenge. The government has awarded a number of sole-source contracts without competition and at times disregarded objective evaluations on competitive tenders. An overly complicated tax system and a slow, opaque government decision-making process hinder investment. Other challenges include weak access to credit for small businesses, corruption, and the need to broaden the tax base to relieve some of the tax-paying burden on businesses. The government is introducing a local-content law for the oil and gas sector that, once passed, will put additional requirements for local hiring and procurement on companies operating in that sector.
1. Openness To, and Restrictions Upon, Foreign Investment
Policies Towards Foreign Direct Investment
The government actively encourages Foreign Direct Investment (FDI) and is committed to increasing it. Foreign companies are free to invest and list on the regional stock exchange Bourse Régionale des Valeurs Mobilières (BRVM), which is based in Abidjan and covers the eight countries of the West African Economic and Monetary Union (WAEMU). WAEMU members are part of the Regional Council for Savings and Investment, a regional securities regulatory body.
In most sectors, there are no laws that limit foreign investment. There are restrictions, however, on foreign investment in the health sector, law and accounting firms, and travel agencies.
Land tenure is a complicated and sensitive issue. Land tenure disputes exist all over the country owing to multiple forms of traditional collective tenure and the lack of formal private land ownership in most areas. Companies that wish to purchase land must have the property surveyed before obtaining title. Surveying is tightly controlled by a small group of companies and can often cost more than the value of the parcel of land. Freehold land tenure in rural areas is difficult to negotiate, however, and can inhibit foreign investment. Most businesses, including agribusinesses and forestry companies, circumvent the complicated land purchase process by acquiring long-term leases instead. There are regulations designed to control land speculation in urban areas, but they do not prevent foreigners from owning land.
The Ivoirian government’s investment promotion agency, the Center for the Promotion of Investment in Côte d’Ivoire (CEPICI), promotes and attracts national and foreign investment. Its services are available to all investors, provided through a one-stop shop intended to facilitate business creation, operation, and expansion. CEPICI ensures that investors receive incentives outlined in the investment code and facilitates access to industrial land. More information is available at http://www.cepici.gouv.ci/.
Côte d’Ivoire maintains an ongoing dialogue with investors through various business networks and platforms, such as CEPICI, the Ivoirian Chamber of Commerce (CCI-CI), the association of large enterprises (CGECI), and the bankers’ association.
Limits on Foreign Control and Right to Private Ownership and Establishment
Foreign investors generally have access to all forms of remunerative activity on terms equal to those enjoyed by Ivoirians. The government encourages foreign investment, including state-owned firms that the government is privatizing, although in most cases of privatization the state reserves an equity stake in the new company.
There are no general, economy-wide limits on foreign ownership or control, and few sector-specific restrictions. There are no laws specifically directing private firms to adopt articles of incorporation or association that limit or prohibit foreign investment, participation, or control in those firms, and no such practices have been reported.
Banks and insurance companies are subject to licensing requirements, but there are no restrictions designed to limit foreign ownership or to limit establishment of subsidiaries of foreign companies in this sector. Investments in health, law and accounting, and travel agencies are subject to prior approval and require appropriate licenses and association with an Ivoirian partner. The Ivoirian government has, on a case-by-case basis, mandated using local providers, hiring local employees, or arranging for eventual transfer to local control.
The government does not have an official policy to screen investments, and its overall economic and industrial strategy does not discriminate against foreign-owned firms. There are indications in some instances of preferential treatment for firms from countries with longstanding commercial ties to Côte d’Ivoire.
The Government of Côte d’Ivoire provides information about sector policies and business opportunities in publicly available reports. More information can be found at: https://www.cepici.gouv.ci/.
The CEPICI manages Côte d’Ivoire’s online information portal containing all documents dedicated to business creation and registration (https://cotedivoire.eregulations.org/). All the necessary documentation for registration is available online, however actual registration must be done in person. Further information on business registration is also available on CEPICI’s website (http://www.cepici.gouv.ci/).
Businesses can register at the CEPICI’s One-Stop Shop (Guichet Unique) in Abidjan. The One-Stop Shop allows businesses to register with the commercial registrar (Registre du Commerce et du Crédit Immobilier), the tax authority (Direction Générale d’Impôts) and the social security institute (Caisse Nationale de Prévoyance Sociale). The One-Stop Shop also publishes the legal notice of incorporation on CEPICI’s website. All necessary documents for registration are also available on the website. Registration takes between one and three days. The business licensing process, controlled by sector-specific governing bodies, is separate from the registration process.
Women have equal access to the registration process. There have not been any reports of discrimination in that regard.
Côte d’Ivoire does not promote or incentivize outward investment.
However, the government does not restrict domestic investors from investing abroad.
2. Bilateral Investment and Taxation Treaties
There is no Bilateral Investment Treaty between Côte d’Ivoire and the United States. Côte d’Ivoire has signed Bilateral Investment Treaties (BITs) with the following countries and multilateral organizations: Belgium, Canada, China, the EU, Germany, Ghana, Italy, Luxembourg, Mauritius, the Netherlands, Singapore, Sweden, Switzerland, Tunisia, Turkey, and the United Kingdom. The Ivoirian government ratified the Economic Partnership Agreement (EPA) with the EU in September 2016, allowing it to access the European market with no tax. The EPA went into effect in December 2019.
Côte d’Ivoire does not have a bilateral taxation treaty with the United States, though it has tax treaties with Belgium, Canada, France, Germany, Italy, Norway, and Switzerland. For leasing, the depreciation period of the item for accounting purposes is aligned with the period of the contract and not the lifespan of the item. The government has made a special tax incentive available to foreign investors to be able to import equipment needed for a project.
Ivoirian businesses and foreign investors have expressed some concerns about the level of taxation, but there are currently no U.S. firms involved in systemic tax disputes.
3. Legal Regime
Transparency of the Regulatory System
The government aims for transparency in law and policy to foster competition and provide clear rules of the game and a level playing field for domestic and foreign investors. Transparency of the Ivoirian regulatory system is a concern; both foreign and Ivoirian companies complain that new regulations are issued with little warning and without a period for public comment.
There are no informal regulatory processes managed by non-governmental organizations or private-sector associations.
Regulatory authority and decision-making exist only at the national level. Sub-national jurisdictions do not regulate business. For most industries or sectors, regulations are developed through the ministry responsible for that sector. In the telecommunications, electricity, cocoa, coffee, cotton, and cashew sectors, the government has established control boards or independent agencies to regulate the sector and pricing. Companies have complained that rules for buying prices determined by the agriculture commodity regulatory agencies tend to be opaque and local prices are set arbitrarily without reference to world prices.
Côte d’Ivoire’s accounting, legal, and regulatory procedures are consistent with international norms, though both foreign and Ivoirian businesses often complain about the government’s poor communication. Côte d’Ivoire is a member of the Organization for the Harmonization of African Business Law (OHADA), which is common to 16 countries and adheres to the WAEMU accounting system. In accounting, companies use the WAEMU system, which complies with international norms and is a source of economic and financial data.
Draft legislation and regulations are not published or made available for public comment. The government, however, often holds public seminars and workshops to discuss proposed plans with trade and industry associations.
Regulatory actions are published in the Journal Officiel de la République de Côte d’Ivoire (Official Journal of the Republic of Côte d’Ivoire), which is available for purchase at newsstands and by subscription on the Journal’s website http://www.sgg.gouv.ci/jo.php and at https://abidjan.net/.
The Autorité Nationale de Régulation des Marchés Publics (National Regulatory Authority for Public Procurement; ANRMP), polices transparency in public procurement and private sector compliance with public procurement rules. Consumers, trade associations, private companies, and individuals have the right to file complaints with ANRMP to hold the government to its own administrative processes.
The U.S. Government does not have any knowledge of regulatory system reforms that have been announced since the last ICS report, including enforcement reforms. The government has fully implemented regulatory reforms announced in prior years, with the goal of creating an enabling business environment, fostering competition, and building investor confidence.
Public and private institutions tasked with controlling and regulating various sectors make regulatory enforcement mechanisms available to the public.
Regulatory bodies regularly publish and promote access to their data for the business community and development partners, allowing for scientific and data-driven reviews and assessments. Quantitative analysis and public comments are made available.
The Ivoirian government promotes transparency of public finances and debt obligations (including explicit and contingent liabilities) with the publication of this information through the following websites: http://budget.gouv.ci
The Ivoirian government incorporates WAEMU directives into its public procurement bidding policy, processes, and auditing. This includes separating auditing and regulating functions and increasing advance payment for the initial procurement of goods and services from 25 to 30 percent. The ANRMP regulates public procurement with a view to improving governance and transparency. It has the authority to sanction private-sector entities that do not comply with public-procurement regulations and to provide recommendations to ministries to address irregularities.
Ivoirian laws, codes, professional-association standards, and regional-body membership obligations are incorporated in the country’s regulatory system. The private sector often follows European norms to take advantage of the Ivoirian trade agreement with the EU – Côte d’Ivoire’s largest market.
Côte d’Ivoire has been a WTO member since 1995 but has not notified all draft technical regulations to the WTO Committee on Technical Barriers to Trade. Côte d’Ivoire signed the Trade Facilitation Agreement (TFA) in December 2013 and ratified it in December 2015. The National TFA Committee (NTFC) coordinates TFA implementation.
Legal System and Judicial Independence
The Ivoirian legal system is based on the French civil-law model. The law guarantees to all the right to own and transfer private property. Rural land, however, is governed by a separate set of laws, which makes ownership and transfer very difficult. The court system enforces contracts.
Côte d’Ivoire is a signatory to OHADA, which provides common corporate law and arbitration procedures for the 16 member states. The Commercial Court of Abidjan adjudicates corporate law cases and contract disputes. Mediation is also available through the Ivoirian legal framework in addition to the Commercial Court and the Arbitration Tribunal. The Commercial Court of Abidjan retains jurisdiction for the entire country.
The Ivoirian judicial system is ostensibly independent, but magistrates are sometimes subject to political or financial influence. Judges sometimes fail to prove that their decisions are based on the legal or contractual merits of a case and often rule against foreign investors in favor of entrenched interests. The greatest complaint from investors is the slow dispute-resolution process. Cases are often postponed or appealed without a reasonable explanation, moving from court to court for years or even decades. Regulations or enforcement actions are appealable and adjudicated through the national court system.
Laws and Regulations on Foreign Direct Investment
The 2018 Investment Code is the primary governing authority for investment conduct. The Code does not restrict foreign investment or the repatriation of funds. The Code offers a mixture of fiscal incentives, combining tax exoneration and tax credits to encourage investment. The government also offers incentives to promote small businesses and entrepreneurs, low-cost housing construction, factories, and infrastructure development, which the government considers key to the country’s economic development. Some sectors have additional laws that govern investment activity in those sectors. In mining, for example, the Mining Code allows a period for holding permits for ten years with a possibility to extend for two more years on a limited permit area of 400 square kilometers.
As of January 2021, the Government of Côte d’Ivoire has been preparing a bill detailing local content requirements for the petroleum sector for consideration by the legislature (see also Performance and Data Localization Requirements).
The CEPICI provides a one-stop shop website to assist investors. More information on Côte d’Ivoire’s laws, rules, procedures, and reporting requirements can be found at: www.apex-ci.org/
The Ministry of Commerce, Industry and Small Business Promotion, through the Commission on Anti-Competition Practices, is responsible for reviewing competition–related concerns under the 1991 competition law, which was updated in 2013. ANRMP is responsible for reviewing the awarding of contracts.
No significant competition cases were reported over the past year.
Expropriation and Compensation
The Ivoirian constitution guarantees the right to own property and freedom from expropriation without compensation. The government may expropriate property with due compensation (fair market value) at the time of expropriation in the case of “public interest.” Perceived corruption and weak judicial and security capacity, however, have resulted in poor enforcement of private property rights, particularly when the entity in question is foreign and the plaintiff is Ivoirian or a long-established foreign resident.
ICSID Convention and New York Convention
Côte d’Ivoire is a signatory to the International Center for Settlement of Investment Disputes (ICSID) and a signatory to the New York Convention of 1958 on the Recognition and Enforcement of Foreign Arbitral Awards.
In cases where a firm does not meet the nationality conditions stipulated by Article 25 of the Convention, the dispute must be resolved within the provisions of the supplementary mechanisms approved by the ICSID.
Investor-State Dispute Settlement
Côte d’Ivoire is a signatory to investment agreements subject to binding international arbitration of investment disputes. Côte d’Ivoire recognizes and has been known to enforce foreign arbitral awards, but enforcement is inconsistent.
Côte d’Ivoire does not have a Bilateral Investment Treaty (BIT) or a Free Trade Agreement (FTA) with the United States.
In the past 10 years, foreign investors have had investment disputes, which have often been resolved through arbitration or amicable settlement. There have been no reported disputes involving U.S. firms in the past 10 years. As Côte d’Ivoire is a signatory to the New York Convention of 1958 on the Recognition and Enforcement of Foreign Arbitral Awards, local courts are obliged to enforce foreign arbitral awards.
The U.S. government is not aware of any history of extrajudicial action against foreign investors, including U.S. firms.
International Commercial Arbitration and Foreign Courts
The Abidjan-based regional Joint Court of Justice and Arbitration (CCJA) provides a means of solving contractual disputes. The arbitration tribunal has the ability to enforce awards more quickly, but most business contracts are written to specify that disputes will be settled in Ivoirian courts, thus the Ivoirian court system is the first resort.
Côte d’Ivoire is a member of OHADA, whose provisions adopted in 1999 have replaced domestic law on arbitration. The unified law is based on the model law of the United Nations Commission on International Trade Law (UNICITRAL).
Judgments of foreign courts are recognized but difficult to enforce in local courts. To avoid being forced to work through the Ivoirian legal system, some investors stipulate in contracts that disputes must be settled through international commercial arbitration. Yet, even if stipulated in the contract, decisions reached through OHADA are sometimes not honored by local courts.
The U.S. government is not aware of cases in which Côte d’Ivoire’s domestic courts have shown preferential treatment for state-owned enterprises involved in investment disputes.
Côte d’Ivoire is ranked 85 out of 190 countries for ease of resolving insolvency, according to the World Bank’s Doing Business Report. As a member of OHADA, Côte d’Ivoire has both commercial and bankruptcy laws that address the liquidation of business liabilities. OHADA is a regional system of uniform laws on bankruptcy, debt collection, and rules governing business transactions. OHADA permits three different types of bankruptcy liquidation: an ordered suspension of payment to permit a negotiated settlement; an ordered suspension of payment to permit restructuring of the company, similar to Chapter 11; and the complete liquidation of assets, similar to Chapter 7. Creditors’ rights, irrespective of nationality, are protected equally by the Act. Bankruptcy is not criminalized. Court-ordered monetary settlements resulting from declarations of bankruptcy are usually paid out in local currency.
The joint venture Credit Info – Volo West Africa manages regional credit bureaus in WAEMU.
4. Industrial Policies
The 2018 Investment Code offers a mixture of fiscal incentives, combining tax exoneration and tax credits focusing on agriculture, agro-business, tourism, health, and education. These include a full exoneration of customs duties or suspended VAT, and tax exemptions to business operations in some remote areas, with incentives based on the type of investment, phase of operation, local content, and participation. There are also incentives to promote small businesses and entrepreneurship, low-cost housing construction, factories, and infrastructure development, which the government considers key to the country’s broad-scale economic development. The Investment Code, the Petroleum Code and the Mining Code delineate incentives available to new investors in Côte d’Ivoire.
The government occasionally guarantees loans or jointly finances foreign direct investment projects. This is not a common practice.
Foreign Trade Zones/Free Ports/Trade Facilitation
Created in 2008, the Ivoirian free trade zone (FTZ) for information technology and biotechnology (VITIB) is located in the town of Grand Bassam in the greater Abidjan area. In 2014, VITIB established the Mahatma Gandhi Technology Park at Grand Bassam. Bonded warehouses do exist, and bonded zones within factories are allowed. High port costs and maritime freight rates have inhibited the development of in-bond manufacturing or processing, and there are consequently no general foreign trade zones.
An FTZ also exists at the Port of Abidjan specifically for fish processing. In force since December 2005, this FTZ is reserved for companies that earn at least 90% of their turnover from exports. Eligible companies are exempt from all duties and taxes, including on imported and exported goods and services. They also enjoy preferential rates for water, electricity, telephone, and fuel supplied by public or semi-public establishments. A fee applies to FTZ companies, the amount of which is fixed by decree.
Performance and Data Localization Requirements
The government strongly encourages investors and firms to hire Ivoirian employees via incentives outlined in the Investment Code, but this is not a requirement. In January 2021, the Ministry of Petroleum, Energy and Renewable Energy announced plans to introduce a local content law for the oil and gas sector. A draft bill has since been endorsed by the Council of Ministers and is ready for submission to the legislature for deliberation. The text of the bill is not yet publicly available and specific measures have not been publicly reported.
The 2018 Investment Code guarantees the freedom to designate senior management and board members.
Citizens of Economic Community of West African States (ECOWAS) countries can legally work in Côte d’Ivoire without additional permissions and do not need a residency permit. For other nationalities, visas and permits for work and residency are required. The investment promotion agency CEPICI facilitates the visa and permit process. The process is not onerous and does not inhibit the ability of foreign investors and their employees to enter and exit the country.
There are no government-imposed conditions on permission to invest, including tariff and non-tariff barriers.
The government does occasionally place conditions on location, local content, equity ownership, import substitution, export requirements, host country employment, and technology. For example, the Ivoirian government required that one U.S. fast food franchise use locally sourced key ingredients, which it is able to do. The government also makes use of a number of tax exemptions and customs exonerations to incentivize companies to do more value-added processing in Côte d’Ivoire.
There are no performance requirements for investments.
Cellular telephone companies must meet technology performance requirements to maintain their licenses. The U.S. government does not know of any requirements that Côte d’Ivoire imposes on foreign information technology firms to give the government source code or provide access to encryption.
There are no requirements that prevent or unduly impede companies from freely transmitting customer or other business-related data. Data transmission or transfer is subject to prior authorization of the telecom regulatory board Autorité de Régulation des Télécommunications (Telecommunications Regulatory Authority of Côte d’Ivoire; ART-CI).
Côte d’Ivoire’s law on data protection requests prior declaration or authorization by ART-CI for any data processing. ART-CI is responsible for the oversight of local data storage.
5. Protection of Property Rights
The Ivoirian civil code provides for the enforcement of private property rights, and the government has undertaken reform efforts to secure property rights. Mortgages and liens exist. Secured interests in property are enforced by the Land Registry Office of the Ministry of Economy and Finance. In the World Bank’s Doing Business 2020 report, Côte d’Ivoire is ranked 112 out of 190 countries for registering property.
Foreign and/or nonresident investors who wish to lease land must obtain a permit for the development of the site, as well as a prefectural or sub-prefectural order recognizing occupation of the site.
The Audace Institute, an independent Ivoirian think tank, estimates that 96 percent of land does not have a clear title. The World Bank estimates that only 30 percent of property owners have clear title. The Ministry of Agriculture and Rural Development requires that all land to be titled be professionally surveyed. The surveying, which must be performed by one of the few companies authorized by the Ministry of Agriculture and Rural Development to execute land surveys in Côte d’Ivoire, can cost more than the value of the land. A lack of title and a conflict between modern land tenure law and traditional practice hinders resolution of land tenure disputes.
It is not necessary to occupy legally purchased property in order to retain title.
Intellectual Property Rights
The Ivoirian Civil Code includes measures to protect intellectual property rights (IPR), but the government has limited capacity to enforce them. The government’s Office of Intellectual Property (Office ivoirien de la propriété intellectuelle; OIPI) is charged with ensuring the protection of patents, trademarks, industrial designs, and commercial names. Patents are valid for 10 years, with the possibility of two extensions of five years each. Trademarks are valid for 10 years and are renewable indefinitely. Copyrights are valid for 50 years. The Ivoirian Copyright Office (Bureau ivoirien du droit d’auteur; BURIDA) has a labeling system in place to prevent counterfeiting and to protect audio, video, literary, and artistic property rights in music and computer programs. While Ivoirian IPR law is in conformity with standards established by the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), the country lacks customs checks at its porous borders, limiting the law’s impact.
The government has not adopted any IPR-related laws or regulations in the past year. In 2020, the Ministry of Culture, Art, and Entertainment Business put committees in place to study and make recommendations for the reform and restructuring of BURIDA. BURIDA and the Ministry plan to implement the recommendations – which are not yet public – throughout 2021.
The National Committee to Combat Counterfeiting (Comité national de la lutte contre la contrefaçon; CNLC) coordinates national efforts against counterfeit and pirated goods. By law, the government must protect intellectual property on both exported and imported goods. Customs has the power to seize imported products that violate IPR laws even if installed with other equipment, including equipment detained, marketed, or illegally supplied. Such seizures, generally of counterfeit consumer goods (increasingly medicines), are routinely publicized on government websites and media outlets, although statistics on seizures are unavailable. IPR violations are prosecuted, and penalties vary from imprisonment of three months to two years and fines from 100,000 to 5,000,000 CFA (USD 166 to 8,333 based on an average exchange rate of 600 CFA to one U.S. dollar).
Côte d’Ivoire is not listed in the United States Trade Representative (USTR) Special 301 Report or the Notorious Markets List.
Government policies generally encourage foreign portfolio investment.
The Regional Stock Exchange (BRVM) is located in Abidjan and the BRVM lists companies from the eight countries of the WAEMU. The existing regulatory system effectively facilitates portfolio investment through the West African Central Bank (BCEAO) and the Regional Council for Savings Investments (CREPMF). There is sufficient liquidity in the markets to enter and exit sizeable positions.
Government policies allow the free flow of financial resources into the product and factor markets.
The BCEAO respects IMF Article VIII on payment and transfers for current international transactions.
Credit allocation is based on market terms and has increased to support the private sector and economic growth, specifically for large businesses. Foreign investors can acquire credit on the local market.
Money and Banking System
As of December 2020, there were 29 commercial banks and two credit institutions in Côte d’Ivoire. Banks are expanding their national networks, especially in the secondary cities outside Abidjan, as domestic investment has increased up-country. The total number of bank branches has more than doubled from 324 in 2010 to 725 branches in 2019 (latest data available). According to the World Bank, in 2017 (latest data available) 41 percent of the population over the age of 15 have a bank account. Alternative financial services available include mobile money and microfinance for bill payments and transfers. Many Ivoirians prefer mobile money over banking, but mobile money does not yet offer the same breadth of financial services as banks.
Most Ivoirian banks are compliant with the BCEAO’s minimum capital requirements. Some public banks have large numbers of nonperforming loans. The government has been restructuring and privatizing the commercial banking sector over the past decade in order to remove low performers from government accounts.
The estimated total assets of the five largest banks are around USD 14 billion and account for more than half of total bank assets in the country.
The BCEAO is common to the eight member states of the WAEMU and manages banking regulations.
Foreign banks are allowed to operate in Côte d’Ivoire; at least one has been in Côte d’Ivoire for decades. They are subject to the WAEMU Banking Commission’s prudential measures and regulations. There have been no reports of Côte d’Ivoire losing any correspondent banking relationships in the past three years. No correspondent banking relationships are known to be in jeopardy.
Foreign Exchange and Remittances
There are no restrictions on the transfer or repatriation of capital and income earned, or on investments financed with convertible foreign currency. Once an investment is established and documented, the government regularly approves the remittances of dividends and/or repatriation of capital. The same holds true for requests for other sorts of transactions (e.g. imports, licenses, and royalty fees).
Funds associated with investments funded with convertible currency are freely convertible into any world currency.
Côte d’Ivoire is a member of WAEMU, which uses the West African CFA Franc (XOF). The French Treasury holds the foreign exchange reserves of WAEMU member states and supports the fixed exchange rate of 655.956 CFA to the Euro. In December 2019, the Ivoirian President, concurrently serving as chairman of WAEMU, announced in the presence of the French President the forthcoming transition from the CFA to a new common regional currency to be called the Eco; details about the timeline or modalities of the change have not yet been published.
There are no recent changes or plans to change investment remittance policies.
There are no time limitations on remittances. Total personal remittances received by Ivoirians were about USD 338 million in 2019 or 0.6 percent of GDP.
Sovereign Wealth Funds
Côte d’Ivoire does not have a sovereign wealth fund, although there are reports as of late 2020 that the government is in the process of creating one.
7. State-Owned Enterprises
Companies owned or controlled by the state are subject to national laws and the tax code. The Ivoirian government still holds substantial interests in many firms, including the refinery SIR (49 percent), the public transport firm (60 percent), the national television station RTI (98 percent), the national lottery (80 percent), the national airline Air Côte d’Ivoire (58 percent), and the land management agency Agence de Gestion Foncière AGEF (35 percent). Total assets of State-Owned Enterprises (SOEs) were USD 796 million and total net income of SOEs was USD 116 million in 2018 (latest figures). Of the 82 SOEs, 28 are wholly government-owned, 12 are majority government-owned, in seven the government has a blocking minority, and in 35 the government has a minority of shares. Each SOE has an independent board. The government has begun the process of divestiture for some SOEs (see next section). There are active SOEs in the banking, agri-business, mining, and telecom industries.
SOEs competing in the domestic market do not receive non-market-based advantages from the government. They are subject to the same tax burdens and policies as private companies.
Côte d’Ivoire does not adhere to OECD guidelines for SOE corporate governance (it is not a member of OECD).
The government has been pursuing SOE privatization for decades. Most recently, in 2017, the government sold 90 percent of its shareholdings in the Ivoirian Textile Development Company (Compagnie Ivoirienne du Développement du Textile; CIDT) as well as in the Ity Mining Company (Société des mines d’Ity; SMI). In 2018, the government sold 51 percent of the Housing Bank of Côte d’Ivoire (Banque d’Habitat de Côte d’Ivoire; BHCI).
Contracts for participation in SOE privatization are competed through a French-language public tendering process, for which foreign investors are encouraged to submit bids. The Privatization Committee, which reports to the Prime Minister, maintains a website at: http://privatisation.gouv.ci.
8. Responsible Business Conduct
The private sector, the government, NGOs, and local communities are becoming progressively aware of the importance of Responsible Business Conduct (RBC) with regard to environmental, social, and governance issues in Côte d’Ivoire.
Investors seeking to implement projects in energy, infrastructure, agriculture, forestry, waste management, and extractive industries are required by decree to provide an environmental impact study prior to approval. Foreign businesses, particularly in mining, energy, and agriculture, often provide social infrastructure, including schools and health care clinics, to communities close to their sites of operation. Companies are not required under Ivoirian law to disclose information relating to RBC, although many companies, especially in the cocoa sector, publicize their work. Cocoa companies publicize efforts to improve sustainability and combat the worst forms of child labor. As a part of public-procurement reform, the Ministry of Budget plans to include social needs in public-procurement contracts to support job creation, fair trade, decent working conditions, social inclusion and compliance with social standards. On the environment, suggested reforms include the selection of goods and services that have a smaller impact on the environment.
There are reports of children subjected to forced labor in agricultural work, particularly on cocoa farms. In February 2021, several individuals from Mali sued major international chocolate manufacturers in U.S. courts for supporting child labor and child trafficking in Côte d’Ivoire.
The government, through the Ministry of Employment and Social Protection, sets workplace health and safety standards and is responsible for enforcing labor laws.
The OHADA outlines corporate governance standards that protect shareholders.
There are government-funded agencies in charge of monitoring business conduct. Human rights, environmental protection, and civil society NGOs report misconduct and violations of good governance practices.
While international firms are aware of OECD guidelines and international best practices in RBC, most local firms have limited familiarity with international standards.
Côte d’Ivoire participates in the Extractive Industries Transparency Initiative (EITI) and discloses revenues and payments in the oil, gas, and mineral sectors. More information can be found at: www.cnitie.ci/ .
Côte d’Ivoire is not a signatory of the Montreux Document on Private Military and Security Companies. Some private security companies operating in the country are participants of the International Code of Conduct for Private Security Service Providers’ Association (ICoCA).
Corruption is a concern for businesses. In 2013, the Ivoirian government issued Executive Order number 2013-660 related to preventing and fighting against corruption. The High Authority for Good Governance serves as the government’s anti-corruption authority. Its mandate includes raising awareness about corruption, investigating corruption in the public and private sectors, and collecting mandated asset disclosures from certain public officials (e.g., the president, ministers, and mayors) upon their entry and exit from office. The High Authority, however, does not have a mandate to prosecute; it must refer cases to the Attorney General who decides whether or not to take up those cases. The country’s financial intelligence office, CENTIF, has broad authority to investigate suspicious financial transactions, including those of government officials. Despite the establishment of these bodies and credible allegations of widespread corruption, there have been few charges filed, and few prosecutions and judgments against prominent people for corruption. The domestic business community generally assesses that these watchdog agencies lack the power and/or will to combat corruption effectively. In April 2021, the government formally added Good Governance and Anti-Corruption to the title and portfolio of the Ministry of Capacity Building.
Anti-corruption laws extend to family members of officials and to political parties.
The country’s Code of Public Procurement No. 259 and the associated WAEMU directives cover conflicts-of-interest in awarding contracts or government procurement.
Under the Ivoirian Penal Code, a bribe by a local company to a foreign official is a criminal act.
Some private companies use compliance programs or measures to prevent bribery of government officials. U.S. firms underscore to their Ivoirian counterparts that they are subject to the Foreign Corrupt Practices Act (FCPA).
Côte d’Ivoire ratified the UN Anti-Corruption Convention, but the country is not a signatory to the OECD Anti-Bribery Convention (which is open to non-OECD members). In 2016, Côte d’Ivoire joined the Partnership on Illicit Finance, which obliges it to develop an action plan to combat corruption.
There are no special protections for NGOs involved in investigating corruption.
Corruption in many forms is deeply ingrained in public- and private-sector practices and remains a serious impediment to investment and economic growth in Côte d’Ivoire. Many companies cite corruption as the most significant obstacle to investment in Côte d’Ivoire. It has the greatest impact on judicial proceedings, contract awards, customs, and tax issues. Lack of transparency and failure to follow the government’s own tendering procedures in the awarding of contracts lead businesses to conclude bribery was involved. Businesses have reported encountering corruption at every level of the civil service, with some judges appearing to base their decisions on bribes. Clearance of goods at the ports often requires substantial “commissions,” and the Embassy has heard anecdotal accounts of customs agents rescinding valuations that were declared by other customs colleagues in an effort to extract bribes from customers. The demand for bribes can mean that containers stay at the Port of Abidjan for months, incurring substantial demurrage charges, despite companies having the proper paperwork in order.
No local industry or non-profit groups offer services for vetting potential local investment partners.
(Haute Autorité pour la Bonne Gouvernance)
TELEPHONE: +225 272 2479 5000
FAX: +225 2247 8261
Police Anti-Racketeering Unit
(Unité de Lutte Contre le Racket –ULCR)
TELEPHONE: +225 272 244 9256 firstname.lastname@example.org
Social Justice (Initiative pour la Justice Sociale, la Transparence et la Bonne Gouvernance en Côte d’Ivoire) Ananeraie face pharmacie Mamie Adjoua
TELEPHONE: +225 272 177 6373 email@example.com
10. Political and Security Environment
In 2016, the country adopted a new constitution, creating the position of Vice-President (currently vacant), and a Senate, which first convened in April 2018. In the period around elections in 2018 and 2020, demonstrations and protests by political parties and their supporters were common and occasionally led to vandalism, destruction of public and private property, and violent clashes with security forces and with other civilians. Unions also engage in protests that sometimes become violent. President Alassane Ouattara was elected to a third term in October 2020. In the run up to the 2020 presidential election, the lack of political party-consensus on the composition of the country’s Independent Electoral Commission, the contentious reform of the Electoral Code, the constitutional validation of the incumbent president’s eligibility for a third term, and the exclusion of significant opposition figures from the race, aggravated political divides within the country. National Assembly elections in March 2021, however, passed largely peacefully, and the opposition won a substantial number of seats.
Côte d’Ivoire’s security situation has significantly improved since its 2010-2011 post-electoral violence. In early 2017, some Ivoirian soldiers mutinied, demanding payment of bonuses. The government responded by largely acceding to their demands and pledging to improve living and working conditions for armed and security forces, which it has steadily done over the ensuing years. Côte d’Ivoire suffered a terrorist attack in March 2016 in the popular tourist town of Grand Bassam in which attackers killed 22 people. Al-Qaeda in the Islamic Maghreb claimed responsibility for the attack. In June 2020 and March 2021, the country experienced other attacks in the Ivoirian-Burkinabe border town of Kafolo, which the government attributed to unidentified terrorists. Al-Qaeda and other extremist organizations continue to pose a major terrorism risk to the region. Côte d’Ivoire continues to cooperate with international partners to combat the increasing terrorism/extremist threat emanating from the Sahel to its immediate North.
11. Labor Policies and Practices
The official unemployment rate is 3.5 percent, however, unemployment is difficult to measure in the informal sector, which comprises 60-80% of the Ivoirian economy. The official unemployment rate among those aged 15-24 is 5.5 percent. Forty-seven percent of the non-agricultural workforce is employed in the informal economy. Official statistics fail to fully account for the large informal economy throughout the country, and do not accurately portray the general dearth of well-paying employment opportunities. Despite the government’s efforts, child labor remained a widespread problem in rural and urban areas, particularly on cocoa and coffee plantations, as well as in artisanal gold mining areas and in domestic work.
There are significant shortages of skilled labor in higher education fields, including information technology, engineering, finance, management, health, and science. The Ivoirian government is working with the Millennium Challenge Corporation (MCC) to build and develop four technical and vocational training centers as part of a five-year Compact valued at nearly USD 525 million.
Labor laws favor the employment of Ivoirians in private enterprises. Any vacant position must be advertised for two months. If after two months no qualified Ivoirian is found, the employer may recruit a foreigner provided it plans to recruit an Ivoirian to fill the position within the next two years.
There are no restrictions on employers adjusting employment in response to fluctuating market conditions. Employees terminated for reasons other than theft or flagrant neglect of duty have the right to termination benefits. Unemployment insurance and other social-safety programs exist for employees laid off for economic reasons. For the roughly 60-80% percent of workers employed in the informal sector, unemployment insurance is not an option. However, there are other social-safety-net programs that apply to informal economy workers, including monthly stipends and waiving of universal health care fees.
Labor laws are not waived to attract or retain investment.
Collective bargaining agreements are in effect in many major business enterprises and sectors of the civil service. A prolonged teachers’ strike in 2019 was submitted for arbitration but due to the fractured nature of the teachers’ unions, not all parties agreed to the decision.
Labor disputes are submitted to the labor inspector for amicable settlement before engaging in any legal proceedings. If this attempt to settle the dispute fails, then the labor court can be engaged to resolve the dispute.
No strike has posed an investment risk during the last year.
There are no gaps between Ivoirian and international labor standards in law or practice that pose a reputational risk to investors.
The government did not adopt any new labor-related laws or regulations in 2020. In 2017, the government passed a law forbidding most forms of child labor for children under 12 and restricting it for minors aged 13 to 17. The law’s passage put Ivoirian law on par with ILO standards for child labor.
12. U.S. International Development Finance Corporation (DFC), and Other Investment Insurance or Development Finance Programs
There are currently four active DFC projects in Côte d’Ivoire targeting the energy, health, and manufacturing sectors. DFC continues to look for opportunities, particularly in energy and infrastructure.
In 2017, the Ivoirian government ratified its investment incentive agreement with OPIC (DFC’s predecessor).
13. Foreign Direct Investment and Foreign Portfolio Investment Statistics
Table 2: Key Macroeconomic Data, U.S. FDI in Host Country/Economy
Host Country Statistical source*
USG or international statistical source
USG or International Source of Data: BEA; IMF; Eurostat; UNCTAD, Other
Host Country Gross Domestic Product (GDP) ($M USD)