Can the AfCFTA advance without cooperative practices among Customs?

The Abuja Treaty (1991) for the establishment of the African Economic Community recognized cooperation among African customs administrations as a cornerstone for the effective functioning of the future Community. Article 39 of the treaty called for the development of a Protocol to define the criteria and modalities for such cooperation.

However, despite the importance of this initiative, the Protocol was never adopted. In response, the African Union (AU), in 2004, created a sub-committee of Directors General of Customs to enhance coordination among customs services across the continent. This move followed the groundbreaking All Africa Customs Conference (AACC) in Johannesburg in 2003, where for the first time, Directors General of Customs from AU member states discussed strategies to strengthen cooperation as part of Africa’s economic integration agenda.

Nearly 30 years after the Abuja Treaty, the launch of negotiations for the African Continental Free Trade Agreement (AfCFTA) brought customs cooperation back into the spotlight. AfCFTA negotiators understood that the success of a Free Trade Area (FTA) depends heavily on efficient collaboration among customs administrations. Such cooperation is crucial for streamlining border procedures, harmonizing inspections, and simplifying documentation requirements—essential elements for reducing delays and costs for businesses and enabling the seamless movement of goods across the continent.

The AfCFTA negotiations resulted in a major step forward: the adoption of Annex 3 to the Protocol on Trade in Goods, dedicated specifically to customs cooperation and mutual administrative assistance. However, significant challenges remain. Few African countries have established effective customs cooperation practices, and existing collaborations are largely limited to the continent’s few customs unions. Even within these unions, cooperative practices often fall short compared to other regional blocs globally. One key obstacle is the financial cost of such collaboration—a cost that many states are hesitant to bear.

This financial challenge is explicitly acknowledged in Article 9.5 of Annex 3, which states that Customs authorities of AU State Parties must provide assistance to one another while “taking into account the associated cost implications.” This clause, while practical, risks becoming a loophole for states to refuse cooperation under the pretext of financial burdens, undermining the potential for robust customs collaboration.

Amid these challenges, initiatives like Morocco’s AfriDou@ne program offer a promising way forward. This program aims to strengthen ties among African Customs administrations by sharing best practices and fostering cooperation. Through AfriDou@ne, Moroccan Customs seeks to exchange expertise with other African nations in areas such as customs modernization, the alignment of procedures with international standards, and the adoption of risk analysis techniques to enhance the efficiency of goods inspections.

Continental and regional initiatives that establish a legal framework for customs cooperation are undoubtedly valuable. However, turning these frameworks into tangible actions depends on the commitment and proactive efforts of AU member states.

Morocco’s AfriDou@ne program represents an important first step, setting an example that other African nations should embrace and, ideally, replicate. By doing so, Africa can unlock the full potential of customs cooperation, paving the way for deeper economic integration and the realization of AfCFTA’s transformative goals.

Danilo Desiderio serves as the CEO of Desiderio Consultants Ltd in Nairobi, Kenya, specializing in African customs, trade, and transport policies. He is a customs and trade expert at the World Bank and a senior associate to the Horn Economic and Social Policy Institute (HESPI).