CABO VERDE LAW AND PRACTICE Contributed by: Nelson Raposo Bernardo, Joana Andrade Correia, Manuel Esteves de Albuquerque and Mafalda Contumélias Batista, Raposo Bernardo & Associado s
national tariffs and customs is regulated by the Customs Code ( Código Aduaneiro ), comple - mented by specific taxation tools like Import Duty ( Direitos de Importação ) and other indirect taxes like VAT (IVA). Structure of Import Duties Import duties in Cabo Verde tend to range between 0% and 50% of the goods’ value, depending on their nature and classification. The standard structure has the following layers: • Import Duty ( Direito de Importação ) is an ad valorem tax on the cost, insurance and freight value; • Environmental Tax ( Taxa Ecológica ) is applied to some products – eg, cars, plastics or second-hand electrical goods; • Consumption Tax ( Imposto sobre Consumos Especiais – ICE) is applied to items such as alcohol, tobacco and luxury items; and • VAT (IVA) at an overall rate of 15% is applied to imports, unless exempt. Cabo Verde also provides tariff relief or exemp - tions under specific conditions, such as for: • basic necessity foodstuffs and medicines; • equipment and materials for development projects or investment under tax incentive laws; and • products of countries with which Cabo Verde has preferential trade arrangements, specifi - cally the European Union under the EU-Cape Verde Special Partnership, and selected Afri - can nations under AGOA and ACP-EU. Tariffs are at a maximum on goods that are aimed at sustaining local industry or non-essential or luxury goods, including:
• vehicles (second-hand ones in particular), with heavy taxes and green charges; • alcoholic beverages and tobacco products, with ICE and other import duties; • textiles and apparel, at times to sustain local capacity; and • plastic goods and electronics, notably second-hand, to protect the environment.
6. Competition Law 6.1 Merger Control Notification
The Competition Authority ( Autoridade da Con- corrência , or AdC) in Cabo Verde regulates or controls mergers between companies or entities. Certain sectors also have specific entities that may regulate certain operations, as follows: • the Central Bank of Cabo Verde for the finance and insurance sectors; • the Civil Aviation Authority for the aviation sector; and • the Multisectoral Regulatory Agency for the
Economy for the telecoms sector. 6.2 Merger Control Procedure
Mergers that meet the criteria set out in the Cabo Verde Competition Act are subject to prior noti - fication to the AdC. 6.3 Cartels
See 6.2 Merger Control Procedure . 6.4 Abuse of Dominant Position See 6.2 Merger Control Procedure .
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