DECRET N° 92-50 DU 29 JANVIER 1992

On the Regulation of the competition and prices

The PRESIDENT Of The REPUBLIC,

On the report of the Minister of Industry and Commerce

Considering the Act n ° 91-999 of December 27 1991 on the competition:

Considering the Decree No. 61-128 of April 151961 on the setting of the system
and advertising of prices in Cote d'Ivoire

Considering the Decree No. 69-401 of September 2, 1969 on the price-freeze and
margins of all goods and services.

Considering the Decree No. 72-225 of March 22, 1972 on the relaxation of
provisions of the prices-freeze and margins for all products and services

Considering the Decree No. 79-588 of July 11, 1979 on the regulation of the
competition and price modified by the Decree No. 88-54 of January 20, 1988;

Considering the Decree No. 91-755 of November 4, 1991 on the appointment of

the members of the Government

Considering the Decree No. 91-806 of December 11, 1991 on the trusts of
members of the Government.

The Cabinet heard

ORDERS

ART.1: - As from the publication of this decree, the procedural terms of the
provisions relating to the promotion and maintenance of the competition are set by
Orders during the Cabinet Meeting Ministers upon motion of the Minister of
Trade, after consultation with the Competition Commission.
 TITLE I

PRICES ADVERTISING

ART.2 : - Prices advertising towards the consumer is required whatever the price
system of the product or service in question. It is provided by the following
methods.
a. the marking itself or labeling
b. sign marking
c. posting

ART.3 – 3-1 : - The marking or labeling itself consists in indicating the selling
price to the consumer in legal currency, with a reference to identify the purchase
invoice or on the product itself, either on a label securely affixed to it, or on the
packaging when the product is presented packaged and sold without breaking this
packaging.
3-2 : - - The price and the reference must be written readable in figures and in
letters; the use of symbols is prohibited.

ART.4. -4-1: - The sign marking indicates the selling price in legal currency
either into the unit weight or the actual name of product where there may be doubt
about its nature or quality.

4-2 : - The required information can be printed or handwritten or carried out by a

system of mobile letters or numbers. The use of a slate is authorized for perishable
goods and for all products sold on fairs and markets.

4-3 : The written sign must be placed on or near the product so that there is no
doubt about the product to which it is applied. It must be clearly visible from the
outside, for window displayed products and from the inside for other products.

ART.5 : - The posting consists in indicating on a single document the list of

products sold or services offered and the price of each of them. The posting should
be legible from the place where the public normally stands.

ART.6 : - Sellers, who do installment or credit retail sale in any form whatsoever,
are required on the account of price advertising to give to any person requesting a
credit, a schedule stating:
 a) The maximum amount of credit likely to be
granted compared to cash price of the good sold.
b) The duration of the credit and the repayments terms:
c) The overall amount of the fees and agios to be paid by
the purchaser
d) The total cash and credit price of the item.

ART.7 : - The procedural terms of price advertising in respect of consumers are set by
orders of the Minister of Commerce.
TITLE II BILLING

ART.8.8.1 :- - Without prejudice to national laws and regulations into force, invoices
must clearly show:
a) The name or corporate name, address of the buyer and seller as well as the date
of the transaction
b) The name, the reference details, quantity, net unit and aggregate price off value
added or service delivery tax,
c) Any rebates or discounts which principle has been agreed and the amount
quantifiable upon the sale or service delivery, no matter their payment date.

8-2 : - Invoices must be submitted in duplicate, the seller gives the original to the
buyer when the sale became final and keeps the copy. Originals and copies must be
put in bundle, ordered, numbered and dated on an ongoing basis and kept for a
period of three years from the transaction.

8-3 : - Any seller subject to the obligation of billing shall present at the first
request of authorized control officers, the originals or copies of invoices or
documents in lieu thereof which drafting, issuance and keeping are required.

ART.9 -9.1 : - Invoices relating to transactions on goods or services which prices

are regulated must indicate the maximum amount retail sales price authorized
instead of the production or introduction onto the national territory.
9.2.- The commercial company supplying their own branches, managers or
commissioned agents or independent retailers bound to them by contract or
otherwise, shall bear, in the absence of final invoice, the statement specified in the
first paragraph of any document in lieu thereof.
 ART.10-10.1 – The billing for services provided separately or related to a
sale of device, equipment, with or without miscellaneous supplies, when it
cannot be subject to a pricing schedule because of the specific nature of each
service shall specify:
a) The number and aggregate unit prices of the equipment, materials and
supplies sold
b) The cost of labor with the specification of the qualification of agents
and employees and workers of the time required for the performance of
work;
c) Overall, the costs (construction, special fees, general overhead ...) and
the profit margin of providers which can be evaluated by applying a
coefficient to the actual cost of labor.

10.2 –If an inclusive price has been established with the client's
consent billing will not have to mention the above specifications
required but it is up to the vendor or service provider to demonstrate that
contestation prior to agreement in case of contestation

ART.11 :- Sellers who perform retail installment or credit sales are

required to issue to the credit beneficiary a cash invoice in addition to
the regulatory references:
a) The retail cash price of the items sold that appear in their accounting
b) The credit sale of the same items: the price must include all elements
of cost of credit and, where applicable, any commissions of solicitation
and brokerage;
c) The amount paid in cash;
d) The duration or the spread of the credit granted
e) The terms of the liquidation of the contract in case of failure to pay at
the deadlines provided

ART.12. : -The procedural terms of billing rules are set by Orders of the Minister
of Commerce.
 TITLE III

THE REGULATION OF PRICES

Section I. – Prices setting methods

ART.13 :- Decisions relating to regulated products and services are made by

decree. In pursuant of the article 59
of No. 91-999 of December 27, 1991 on the competition, the list of regulated
products and services is fixed in appendix of this Decree.

Upon motion of the Minister of Commerce, justified by an improvement of the

competitive situation in the sector in question, product or service subject to
regulations may, by order be extracted from the paragraph 14.2 referred to above.

The decisions referred to in paragraph the 14.1 above may be attached in same
conditions, all necessary measures to ensure implementation and to facilitate the
monitoring of their execution.

Section 2. – The prices systems

ART.14.- In pursuance of, the article 2.4 of the Act n° 91-999 of December 27,
1991 relating to 1991 on competition, prices of products or services may be fixed.

The setting of the price of products or services consists in determining, at the

production and / or distribution stage

a) Either the price of the good or service itself

b) or an increase or decrease;
c) or the gross distribution margin in relative value.
The fixed price or margin may be at a maximum or minimum feature
that is lawful to apply :
a) The maximum price or margin is the price or highest margin that is
lawful to practice
b) The price or margin is the maximum price or margin below which it is
lawful to sell a product or a service.

ART.15 : - In pursuant of the Article 2.4 of Act No. 91999 of December 27,
1997 on competition, prices of products or services may be blocked. The price-
freeze means the prohibition of a company from charging prices higher than those
it used to charge at a date determined by the decision to freeze.
 If the company can not justify it especially because at the time of the freeze it
did not provide the same goods or services provided by similar enterprises, the
price level at the effective date of the freeze is assessed by any means and
particularly having regards to:

a) The consistency of the product or service in amount, importance or

quality;
b) Packaging, shipping, handling provisions and other accessories
c) Benefits usually granted, discounts, rebates, all other terms of sale
and payment.

Notwithstanding anything otherwise provision, is suspended for the duration of the

freeze any legal obligation, regulation or agreement which provides the price-
freeze either within the limits of a maximum or minimum or by the effect an
automatic adjustment of the formulas.

The prices of new products or services or those which quality was altered to the
point of rendering impossible the assimilation provided in the Article16.2 are set
when they close substitutes of products or services froze.

The validity of any decision of price-freeze or margin can not exceed six months.

ART.16 : - The lawful sale price limits of goods in centers other than the place of
production or import in Cote d'Ivoire are obtained by the addition of handling fees
to the opening lawful price and excluding any additional profit margin in favor of
traditional distributors or new intermediary.

TITLE IV

LITIGATION

Section 1. – The Reports

ART.17 : - The offenses to the economic legislation are witnessed by criminal
investigation or through the minutes..

ART.18 : - The minutes are drawn up in accordance with the provisions of the
Articles 48 and 49 of the Act No. 91-999 of December 27 1991 relating to the
competition, by government officials sworn before the court and duly
commissioned.

Must, on pain of nullity, be written in official language.

ART.19 : - The use of a special form is not required for writing up of the reports.
But when it is used and the matter requires such developments that they can not
contain within themselves, additional papers are interposed. The various pages of
the reports are continuously numbered and each inset must be initialed by the
enforcement officer(s) and the offender.

The enforcement officer(s) must indicate in the reports on the pain of nullity:

a) The date, time and place of writing up and closing of the act
b) The full name, marital status, occupation and address of the offender..
The report shall be drawn up against unknown when the offender has not
been identified
c) Their names, ranks, functions and administrative residence;
d) That upon the finding of offence, reasoned statement of the official’s
report was made to the offender, stating the date, time and place of
writing and requiring him to attend it.

The report shall be signed but only the signature of the official agents is required.
The offender must inevitably be invited to sign the document to make reference to
this invitation and the acceptance or refusal to comply.

ART.20 : - Any crossings of lines and words, so that referrals should be

approved and initialed by the signatures of the act. Entries in Blank lines are
prohibited. The blank spaces must be crossed out..

ART.21 : - In case of home-search, the requisition made to the judiciary police

officer, his full name, rank, , occupation and administrative residence must be
included in the report as well as his visa that should be required.

The home-search should always gives rise to the writing up of a formal report may
they have resulted in the discovery of an offence or not.
Section 2 : - The prosecution of offenses

ART.22 : - Minister of Commerce is authorized to compound with persons

prosecuted for the offences referred to in the Articles 2 to 4, 24 to 28 and 31 to 33
of the Act No. 91-999 of December 27 1991 on competition.

He may delegate his transactional authority to the Director in charge of the

Control of Competition.

ART.23 : - Under the terms of the transaction the authorities commit not to take
proceedings on condition that the offender acknowledges the offence and pays
within a specified time a given amount to the State.

ART.24 : - The offender is asked to sign an act in triplicate that specifies the
conditions of the transaction.

It has a period of twenty days to accept and then a month to pay, if he accepts the
transaction.

ART.25 : - - The benefit of the transaction may be granted or not to the offender.
In case of refusal to compound, either by public authorities or by the offender
itself, or non-enforcement of the clauses included in the deed of transaction, the
file is transmitted to the competent court by the Minister of Trade.

ART.26 : - The enforcement of decisions and judgments, made as regards the

economy may take place by all legal processes.

Judgments and orders concerning convictions under the economic Act are also
enforced body.

The constraints are enforceable by legal process, except by the body. The
enforcement of constraints can not be suspended by any objection.

ART.27 : - The collection of fines and transactions is provided by the Director of

the Control of Competition on behalf of the Treasury accountant agent according
to the terms that are set by an order of Minister Delegated to the Prime Minister in
charge of the economy, Finance and Planning.
Is deposited onto the account opened with the Central accounting officer of the
Treasure for the benefit of the Board of Revenue of the Competition Department

TITLE V

GENERAL PROVISIONS

ART.28 : - The Minister of Commerce shall designate among the Category A

agents of the Department in charge of Competition those specifically entitled to
perform investigations and require the documents specified in the Article 49.2 of
the Act No. 91-999 of December 27, 1991 on Competition.

Sets the empowering conditions for agents designated by the paragraph 29.1 above
and the terms of their investigations and interventions

ART.29 : - Offences to this Decree is punishable in accordance with the

provisions of Act No. 91-999 of December 27 1991 on the Competition.

ART.30 : - Are repealed all previous provisions contrary to this Decree,

including the Decrees No. 61-128 of April 15, 1961 on the setting of the system
and advertising of prices in Cote d'Ivoire, the Decree No. 69-401 of September 3,
1969 on prices-freeze and margins for all products, goods and Services, the Decree
No. 79-588 of July11, 1979 on the regulation of the Competition and the terms of
prices, by Decree No. 80-54 of January 20, 1988.

ART.31 : - - The Minister of Industry and Commerce is in charge of the

enforcement of this decree to be published in the Official Gazette of the Republic
of Côte d’Ivoire

Issued in Abidjan, on January 29, 1992

Félix HOUPHOUET BOIGNY