The AfCFTA Protocol on Trade in Goods

The AfCFTA is designed to foster a unified African market for goods and services, facilitate the free movement of people, attract and mobilise investment, and progressively advance the creation of a Continental Customs Union.i The AfCFTA is implemented through nine distinct protocols that define the legal framework, conditions, and operational procedures governing each area of the Agreement. The Protocol on Trade in Goods provides for the progressive removal of tariffs and non-tariff barriers, the improvement of customs and trade facilitation measures, and cooperation on technical barriers to trade.ii In this post, we will be examining the Protocol on Trade in Goods.

Uche Anyamele Ph.D & Chisom Chukwuma

6/15/20267 min read

worm's-eye view photography of concrete building
worm's-eye view photography of concrete building

The AfCFTA Protocol on Trade in Goods

Uche Anyamele (PhD) & Chisom Chukwuma

Introduction

In our last blog post, we outlined the structure, components, legal and institutional frameworks of the African Continental Free Trade Area (AfCFTA) Agreement.

The AfCFTA is designed to foster a unified African market for goods and services, facilitate the free movement of people, attract and mobilise investment, and progressively advance the creation of a Continental Customs Union.i The AfCFTA is implemented through nine distinct protocols that define the legal framework, conditions, and operational procedures governing each area of the Agreement. The Protocol on Trade in Goods provides for the progressive removal of tariffs and non-tariff barriers, the improvement of customs and trade facilitation measures, and cooperation on technical barriers to trade.ii In this series, we will be examining the Protocol on Trade in Goods.

Background, Scope and Legal Basis

The AfCFTA Protocol on Trade in Goods entered into force on 30 May 2020 alongside the Protocol on Trade in Services and the Protocol on Rules and Procedures on the Settlement of Disputes, together with their respective annexes and appendices.iii These three instruments constitute Phase One Protocols. Negotiations on the AfCFTA Protocol on Trade in Goods started in February 2016, following the agreement reached at the African Union Summit in South Africa in June 2015.iv The negotiations focused primarily on Tariff Concession Schedules and Rules of Origin. The Agreement was opened for signature in March 2018.vi Although it entered into force in May 2019, discussions on specific tariff concessions continued until 2021.vii Trading under the Protocol on Trade in Goods commenced on 1 January 2021.viii

The legal basis of the Protocol can be traced to Article 6 of the AfCFTA Agreement, which provides that the Agreement shall cover trade in goods, trade in services, investment, intellectual property rights and competition policy.ix The Protocol applies to all AfCFTA State Parties with respect to trade in goods between them.x

Objectives of the Protocol

The principal objective of the Protocol is to create a liberalised market for the trade in goods, in line with Article 3 of the AfCFTA Agreement.xi The specific objective of this Protocol is to boost intra-African trade in goods through:

progressive elimination of tariffs;

progressive elimination of non-tariff barriers;

enhanced efficiency of customs procedures, trade facilitation and transit;

enhanced cooperation in the areas of technical barriers to trade and sanitary and phytosanitary measures;

development and promotion of regional and continental value chains; and

enhanced socio-economic development, diversification and industrialisation across Africa.xii

Annexes of the Protocol on Trade in Goods

Rules of Origin

Tariff Schedules

Customs Co-Operation and Mutual Administrative Assistance

Trade Facilitation

Administrative Assistance

Non-Tariff Barriers

Technical Barriers to Trade

Sanitary and Phytosanitary Measures

Transit

Trade Remedies

Important Provisions of the AfCFTA Protocol on Trade in Goods

Rules of Origin - Rules of Origin are the administrative standards and criteria used in establishing the country of origin of goods traded under AfCFTA.xiii Rules of Origin are important because, in a free trade agreement, preferential market access is only extended to parties who are part of the agreement.xiv To qualify under the AfCFTA, goods must be either wholly obtained  (naturally occurring, born or raised in the AfCFTA State Party) or sufficiently worked or processed  (using non-originating materials that undergo substantial transformation, such as a change in tariff heading or a specific value addition requirement).xv

Annex 2 of the AfCFTA Rules of Origin provides that operations such as simple packing, labelling, sharpening, painting, or mere assembly do not qualify as goods emanating from a State Party for the purpose of the AfCFTA Agreement, even if they satisfy other rules.xvi Goods originating in one State Party are considered to originate in another State Party when used in the production of a final product, promoting regional value chains.xvii

Exporters under AfCFTA must provide a Certificate of Origin issued by a designated local competent authority.xviii A certificate of origin is not required in some cases, such as where an origin declaration is accepted as sufficient proof or where an exemption is permitted. Exemptions apply to a small number of packages sent between private persons worth up to $500 or goods forming a part of travellers’ luggage up to $1,200.xix It is noteworthy that more than 12,000 Certificates of Origin have been issued since the commencement of trading under the AfCFTA.xx

Tariff Concession – The schedules for tariff concessions under the AfCFTA provide that 90% of tariffs are to be reduced to zero over five years for non-less developed countries and over ten years for less developed countries.xxi Additionally, 7% tariff will be reduced to zero over 10 years for non-less developed countries and 13 years for less developed countries, while 3% tariff may be excluded from liberalisation.xxii

Most-Favoured-Nation Treatment – State Parties are required to grant one another Most-Favoured-Nation Treatment under the Agreement.xxiii According to Article 18 of the AfCFTA Agreement, this means granting preferences that are no less favourable than those given to third parties. State Parties may maintain or enter preferential trade arrangements with third parties, provided these do not undermine the Protocol’s objectives and any advantages granted are reciprocally extended to other State Parties. Similarly, two or more State Parties may offer each other trade preferences to further the Protocol’s goals, as long as such preferences are extended on a reciprocal basis to all State Parties.xxiv However, pre-existing trade preferences granted before the Protocol’s entry into force are not automatically extended, though other State Parties must be given the opportunity to negotiate similar benefits, taking into account differences in development levels.xxv

Non-Tariff Barriers – These are barriers that impede trade through mechanisms other than the imposition of tariffs.xxvi They are complex layers of regulatory, administrative, and physical hurdles that collectively impede cross-border trade.xxvii Annex 5 of the AfCFTA Rules of Origin requires the establishment of National Monitoring Committees and a regional mechanism to address NTB complaints through the provision of a dedicated online platform (tradebarriers.africa) where those barriers can be reported.xxviii The annex provides a guideline for the investigation of reported barriers.xxix

Trade Facilitation – Trade facilitation refers to measures that streamline and simplify technical and legal procedures for products at the border.xxx The Protocol requires each State Party to establish and maintain a National Committee on Trade Facilitation or designate an existing mechanism to coordinate domestic implementation.xxxi Many countries have established such committees. For example, in Senegal, the committee falls under the National Trade Negotiation Committee; in Ghana, it is under the Inter-Ministerial Facilitation Committee; and in some countries, it operates directly under the Presidency.xxxii On the continental level, the AfCFTA Sub-Committee on Customs, Cooperation, Trade Facilitation, and Transit coordinates trade facilitation efforts.xxxiii Other bodies, such as the AU Sub-Committee of Directors-General of Customs, play a critical role in ensuring trade facilitation under the AfCFTA.xxxiv For instance, Nigeria has launched a National Single Window to streamline trade processes, reduce bottlenecks, and increase transparency in the export and import of goods.xxxv

Conclusion

By harmonising tariffs, eliminating non-tariff barriers, and establishing clear rules of origin, the AfCFTA Protocol on Trade in Goods lays the foundation for a more competitive and integrated African market while providing African businesses with opportunities to grow, innovate, and compete globally. If fully implemented by all State Parties, it will not only boost trade and investment but also drive industrialisation, job creation, and sustainable development, thereby advancing Africa toward the realisation of Vision 2063 of a prosperous, integrated, and peaceful continent.

[i] African Union, Protocol on Trade in Goods to the Agreement Establishing the African Continental Free Trade Area (21 March 2018) (pdf) https://lrs.org.za/wp-content/uploads/2023/06/AfCFTA-Protocol-on-Trade-in-Goods.pdf accessed 23 January 2026.

[ii] African Trade Foundation, ‘Trade in Goods’ (Africa Trade Foundation, 2025) https://www.africatradefoundation.org/trade-in-goods accessed 23 January 2026.

[iii] Marie Daniel, ‘How unions can influence the AFCFTA Protocol on Trade in Goods’ Trade Unions in AfCFTA (20 June 2023) https://tradeunionsinafcfta.org/how-unions-can-influence-the-afcfta-protocol-on-trade-in-goods/ accessed 24 January 2026.

[iv] Sarah Akpofure and Ayotunde Abiodun, ‘Factsheet on The African Continental Free Trade Area (AfCFTA)’ borg.re (2024) https://www.borg.re/articles/ideasmemo/factsheet-on-the-african-continental-free-trade-area-afcfta#:~:text=AfCFTA%20Negotiations,AfCFTA%20Treaty%20Signatories accessed 24 January 2026.

[v] Ibid

[vi] Ibid

[vii] Tralac Trade Law Centre, African Continental Free Trade Area (AfCFTA) Legal Texts and Policy Documents tralac.org (2025) https://www.tralac.org/resources/our-resources/6730-continental-free-trade-area-cfta.html accessed 24 January 2026.

[viii] Market Access Map, ‘African Continental Free Trade Area (AfCFTA)’ Market Access Map (International Trade Centre) https://www.macmap.org/en/learn/afcfta accessed 24 January 2026.

[ix] AfCFTA Agreement, Article 6.

[x] AfCFTA Protocol on Trade in Goods, Article 3(1).

[xi] AfCFTA Protocol on Trade in Goods, Article 2(1).

[xii] AfCFTA Protocol on Trade in Goods, Article 2(2).

[xiii] Tralac Trade Law Centre, ‘Factsheet: Basics of AfCFTA Rules of Origin provisions’ tralac.org (30 April 2024) https://www.tralac.org/resources/infographic/16399-factsheet-basics-of-afcfta-rules-of-origin-provisions.html accessed 24 January 2026.

[xiv] Ibid

[xv] Annex 2, African Continental Free Trade Area: Rules of Origin

[xvi] Ibid

[xvii] Art 8, Annex 2, African Continental Free Trade Area: Rules of Origin

[xviii] Part 3, Annex 2, African Continental Free Trade Area: Rules of Origin

[xix] Art 28, African Continental Free Trade Area: Rules of Origin

[xx] Instagram Reel, ‘Instagram Reel DM0XpF1i_DL’ Instagram https://www.instagram.com/reel/DM0XpF1i_DL/ accessed 24 January 2026.

[xxi] Tralac Trade Law Centre, ‘Factsheet: Basics of AfCFTA Rules of Origin provisions’ tralac.org (30 April 2024) https://www.tralac.org/resources/infographic/16399-factsheet-basics-of-afcfta-rules-of-origin-provisions.html accessed 24 January 2026.

[xxii] Ibid

[xxiii] AfCFTA Protocol on Trade in Goods, Article 4(1).

[xxiv] AfCFTA Protocol on Trade in Goods, Article 4(2).

[xxv] AfCFTA Protocol on Trade in Goods, Article 4(4).

[xxvi] AfCFTA Protocol on Trade in Goods, Article 1

[xxvii] Collins Okeke and Mary‑Cynthia Okundaye, ‘Non‑Tariff Barriers Under the African Continental Free Trade Area: Challenges and Opportunities for Nigeria’ Olisa Agbakoba Legal (OAL) (15 May 2025) https://oal.law/non-tariff-barriers-under-the-african-continental-free-trade-area-challenges-and-opportunities-for-nigeria/ accessed 24 January 2026.

[xxviii] Annex 5, African Continental Free Trade Area: Rules of Origin

[xxix] Ibid

[xxx] Organisation for Economic Co-operation and Development (OECD), ‘Trade facilitation’ (OECD, web page) https://www.oecd.org/en/topics/sub-issues/trade-facilitation.html accessed 24 January 2026.

[xxxi] Art 28, Annex 4, African Continental Free Trade Area: Rules of Origin

[xxxii] World Bank, Trade Facilitation Governance Continuity: Trade Facilitation Agreement (TFA) and the African Continental Free Trade Area Agreement (AfCFTA) (World Bank 2025) https://documents1.worldbank.org/curated/en/099032125111514691/pdf/P168111-05925e85-ff4e-4767-8c02-8fc65c9461c1.pdf accessed 24 January 2026.

[xxxiii] Art 27, Annex 4, African Continental Free Trade Area: Rules of Origin

[xxxiv] World Bank, Trade Facilitation Governance Continuity: Trade Facilitation Agreement (TFA) and the African Continental Free Trade Area Agreement (AfCFTA) (World Bank 2025) https://documents1.worldbank.org/curated/en/099032125111514691/pdf/P168111-05925e85-ff4e-4767-8c02-8fc65c9461c1.pdf accessed 24 January 2026.

[xxxv] Federal Ministry of Finance, ‘Finance Minister Launches National Single Window to Boost Trade, Economic Growth’ (Finance.gov.ng, 21 August 2024) https://finance.gov.ng/finance-minister-launches-national-single-window-to-boost-trade-economic-growth/ accessed 24 January 2026.