Decree No. 2013-587 May 2, 2013

Original Language Title: Décret n° 2013-587 du 2 mai 2013

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Ministry of COMMERCE, of the industry and of sector informal Decree No. 2013-587 may 2, 2013 Decree No. 2013-587 may 2, 2013 on the suspension of the export of scrap and by-products ferrous report of PRESENTATION the State of Senegal aims to produce a heavy, highly creative industry of value added and employment. In this context, it encourages and accompanies the installation of foundries and the manufacture of automobiles.
With an efficient metallurgical industry, Senegal will have strengthened the chain of value of the building sector and public works that already enjoys sufficient production of cement.

Encourage the development of the foundry, is to optimize the use of scrap and ferrous by-products from all sources. It also set up a logistic support for size for large projects of the country's infrastructure.
However, the risks to the viability of the metallurgy sector are real, with regard to the trend in the depletion of scrap and ferrous by-products which constitute its essential raw material. Indeed, this product is currently the subject of informal collection by resellers, for the benefit of a small group of traders who export, without regulatory constraint, to countries with processing industries, with low impact on the national economy.

Furthermore, the lack of traceability and monitoring of transactions on scrap poses problems of security, safety and public health. The country's railway heritage is looted, slides from the motorway, the sewers of ONAS cutlery, poles of SENELEC etc... are also cut and diverted with as consequences of derailments of trains, road, electricity and undue enrichment cuts accidents, accompanied by loss of significant revenue for the State.

Also, in a global context marked by a strong tension on prices of iron and steel, mainly caused by the sustained demand from emerging countries, several States, including in the UEMOA, took measures to organize the activity of the sector scrap to benefit local industry and curb the phenomenon of looting.
The absence of rapid reaction of Senegal may amplify the leakage towards the outside of these wastes become precious. Also, vigorous and urgent action apply to the Government.

The present draft decree is designed to initiate the collection and regulatory transactions on scrap that will establish a comprehensive framework of competition healthy and incentive, conducive to the development of Metallurgy in the country. Traders present in the niche of the exportation of the raw material will be now encouraged to invest in the domestic processing to maximize the enormous potential of the internal market of scrap and ferrous by-products.
This is why other African countries like Senegal, intends, through this Decree, to suspend until further notice, the export of scrap metal. The period of suspension will be used to reorganize the sector through appropriate regulations, in collaboration with stakeholders (artisans, merchants, industrial).
This measure will have the interest to offer greater visibility and duration to the authorities and stakeholders in the sector to choose, after evaluation at the end of the period of suspension, the most appropriate regulatory system with regard to the imperatives of development of the country.
Such is the economy of this Decree.

The President of the Republic, pursuant to the Constitution, particularly articles 43 and 76;

Having regard to the Customs Code;

Seen the Mining Code;

Having regard to Act No. 94 - 63 of August 22, 1994 on prices, competition and economic litigation;

Pursuant to law No. 2001 - 01 of January 15, 2001 on the Code of the environment;

Having regard to Decree No. 2012 - 427 of April 3, 2012 concerning the appointment of the Prime Minister;

Mindful of Decree No. 2012-1223 of 5 November 2012 on the distribution of the services of the State and control of public institutions, societies and corporations with public participation between the Presidency of the Republic, the Prime Minister's Office and the ministries, amended by Decree No. 2013-11 January 3, 2013.

Considering Decree No. 2013 - 277 of February 14, 2013 concerning the composition of the Government.

Decrees: Article 1. -Export of scrap and ferrous by-products collected within the national territory shall be suspended for a period of one (1) year, renewable.

S. 2. - the Minister of economy and finance and the Minister of trade, industry and the informal sector are responsible, each in relation to the implementation of this Decree which shall be published in the Official Journal.
Made in Dakar, may 2, 2013, by the President of the Republic: Macky SALL.

The Prime Minister, Umrans.