Ministerial Decree 43: as part of the Egyptian state’s drive to grow exports and raise global awareness of the quality of Egyptian products, the government set out to regulate the export process by issuing Ministerial Decree 43 of 2016.
Background to Ministerial Decree 43 of 2016
Egypt’s Ministry of Trade and Industry issued Decree No. 43 of 2016 amending the rules governing the registration of factories and companies (brand owners) qualified to export their products to the Arab Republic of Egypt.
The decree came into force on 15 March 2016, establishing at the General Organization for Export and Import Control a register of factories and brand-owning companies qualified to export products to the Arab Republic of Egypt.
Such products imported for trade may only be released if they are made by registered factories or imported from brand-owning companies or their distribution centres listed in this register.
One of the main legal requirements for accepting the registration documents and other documents that companies and factories must submit is a certificate showing that a quality management system has been implemented.
This certificate must be issued by a body recognised by the International Laboratory Accreditation Cooperation (ILAC) or the International Accreditation Forum (IAF), or by an Egyptian or foreign government body approved by the minister responsible for foreign trade.
The text of Ministerial Decree 43 of 2016
In pursuit of economic development, the state issues decisions that help improve the export and import process. One of the most important recent decisions on exports and imports is Ministerial Decree 43 of 2016. Here are the details.
The European Union’s objection and Egypt’s response
On 26 January 2022, the European Union filed a legal challenge at the World Trade Organization against the import registration requirements imposed by Egypt, arguing that they amount to restrictions on a wide range of goods, from agricultural products to electrical appliances.
The European Commission, which oversees EU trade policy, said that exports to Egypt of the goods affected by the measures had fallen by 40% after Egypt applied Decree No. 43 of 2016 on import registration.
The Ministry of Trade and Industry responded at the time that the EU’s action at the World Trade Organization was not a challenge but a request to open consultations with the Egyptian government in order to find solutions regarding the requirements.
Amendments to Ministerial Decree 43 of 2016 in 2022
A new decree, No. 44 of 2019, was issued adding four more product categories (“bags, furniture, and materials for transporting and packing goods such as boxes and sacks”) as an amendment to Decree No. 43 of 2016.
On 31 March 2022, Minister of Trade and Industry Nevine Gamea also issued a decree amending some provisions of Decree No. 43 of 2016, to simplify registration procedures with the regulatory authority and facilitate imports and exports.
The minister said that the decree cancels the third paragraph of Article 1 of Decree No. 43, which concerned removal from the register by the competent minister of foreign trade. Registration is now completed once the required documents are submitted, within no more than 15 days; if there is any doubt about the authenticity of the documents, the entry is made in the register only after they have been verified.
Under the decree, companies wishing to export to Egypt must renew any documents that have an expiry date within no more than 30 days of their expiry.
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