BURKINA FASO Law and Practice Contributed by: Bobson Coulibaly, Pierre Yanogo, Oumarou Cisse and Diana Woba, SCP Yanogo Bobson
1. Legal System 1.1 Legal System and Judicial Order Burkina Faso has a civil law legal system. The key courts are the Cour de Cassation , the courts of appeal, the first instance tribunals, commer - cial courts, labour courts and departmental or district courts. Cases are heard by the courts of first instance, then the courts of appeal and then the Cour de Cassation . 2. Restrictions on Foreign Investments 2.1 Approval of Foreign Investments Order 2019-0416/MCIA of 2 December 2019 on the procedures for obtaining authorisation for foreigners to exercise the profession of a trader requires all individual foreigners and foreign legal entities who want to exercise the profession of a trader to obtain authorisation from the Com- merce Ministry first. Law 13-2013/AN of 7 May 2013 related to the regulation of the profession of a trader in Burkina Faso provides that the exercise of the profession of a trader in strategic economic fields is subject to prior authorisation by the Commerce Minis - ter. A strategic economic sector is any economic sector considered to be of national interest. 2.2 Procedure and Sanctions in the Event of Non-Compliance The steps for foreign investors to obtain approv - al vary for foreign individuals and foreign legal entities. Foreign Individuals Foreign individuals have to submit:
• a request stamped at XOF200 specifying the fields of activity envisaged and addressed to the Trade Minister; • an information form duly completed by the applicant and stamped at XOF10,000; • an extract from the criminal record issued by the country of residence, which is less than three months old. Applicants who are unable to provide their criminal record in Burkina Faso at first have 75 days in which to submit it; and • a duly signed declaration of honour that the applicant is not under a trading ban and is aware legal proceedings may be taken against them in the event of a false declara - tion. Foreign Legal Entities Foreign legal entities have to submit: • a request stamped at XOF200 specifying the fields of activity envisaged and addressed to the Trade Minister; • an information form duly completed by the applicant and stamped at XOF20,000; • a copy of the articles of association and minutes of general meetings appointing the manager, director or person primarily respon - sible for managing the company in Burkina Faso; and • a declaration of honour duly signed by the manager, director or first person in charge of the management of the company on Burkina - bè territory that they are not under a trading ban and understand legal proceedings will be taken against them in the event of a false declaration. Non-compliance leads to the registration in the trade register being cancelled.
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