Scope of the Guidance

The first article of decree no. 1439 provides that the tax and customs benefits will apply to all economic operators conducting an activity in Gabon. The decree does not provide further details. Given this absence of detail, observers believe that the term “economic operators conducting an activity in Gabon” means those businesses and entities are already conducting an activity in Gabon, as well as any new investor that would like to conduct an activity in Gabon.

According to decree no. 1439, the benefits available can be of any nature—which would mean that the benefits may relate to all taxes and customs duties in effect in Gabon, provided that the benefits are not cumulative with those provided by ordinary tax law in the form of exemptions, tax reductions, or tax rate reductions.

Conditions for the Granting of the Tax and Customs Benefits

The awarding of the tax and customs benefits is subject to certain requirements.

First, investors must submit an application to the committee, no later than February 20 of each calendar year, in 10 original copies drafted in the French language. According to the terms of the decree, it appears that the application can refer only to exemptions or tax reductions of more than 20 million CFA francs (approximately €30,500).

The application must include a minutely detailed business plan covering the period for which the benefits are being requested. Applications not including this requisite information will be rejected. Under the terms of decree no. 1439, the business plan must include information concerning:

• The investment project, the amount of the project, and the method for financing the contemplated investments
• The prospects in terms of the sales turnover, the volume before and after taxes, the income before and after taxes, and the income with and without the tax advantages sought
• The forecasts in terms of volume and the types of jobs reserved for Gabonese nationals
• The payroll forecasts for Gabonese nationals and foreigners
• The written undertaking to reserve to Gabonese nationals “the jobs that would not require recourse to a specialized manpower not available on Gabonese territory”
• A detailed annual assessment of the amount of taxes and customs duties that will be reduced (discounted) if the advantages sought are granted
• A memorandum explaining the economic and social benefits of the contemplated investment and its impact on the public finances

Approvals granted by the committee will be deemed to be renewed annually, subject to the applicant’s compliance with the obligations and undertakings agreed to and recorded in the agreement.