Word from the Statutory Managing Partner

On Wednesday, April 2, 2025, the President of the United States, Donald Trump, signed an Executive Order establishing “reciprocal tariffs” on U.S. imports. The announcement of this order has been widely interpreted across the globe as the United States launching a global trade war, in defiance of the existing international trade order. During the White House signing ceremony, the U.S. President, openly abandoning the principle of free trade, described the order as an “economic declaration of independence” and once again promised a new “golden age” for America.

This move is seen, on one hand, as “the most significant rupture in the international trade order since World War II.” On the other hand, the global trade war effectively launched on April 2, 2025, underscores what we believe is the modern-day equivalent of a nuclear weapon: the Tariff.

Disregarding the rules set forth in international trade law, President Trump framed the move as a matter of fairness: “If they impose a Tariff or a tax on us, we impose exactly the same tariff or tax on them. It’s as simple as that.” In practical terms, the United States intends to levy tariffs on imported goods equivalent to the duties those countries impose on American products.

This Executive Order marks a dramatic shift in U.S. trade policy and delivers a serious blow to the multilateral trade system – an architecture the U.S. helped design and uphold through a series of post-war international agreements. The new framework represents a fundamental change, not only for the U.S. economy, but for global markets as well. With these measures, the effective U.S. tariff rate would rise to levels not seen since 1910, and many countries may eventually slide into recession. At the very least, the order is expected to have worldwide economic repercussions—from which neither Africa nor the member states of the AfCFTA (African Continental Free Trade Area) will be exempt.

By invoking protectionism in this trade war, the United States is presenting tariffs as a kind of magic wand capable of reindustrializing the nation, rebalancing its trade deficit, and absorbing its budgetary shortfalls—including the national debt. One must ask: what would happen if African states—whether collectively under the AfCFTA or Regional Economic Communities (RECs), or individually—chose to follow this same logic?

While the impact of the Executive Order on African economies is undeniable – particularly those benefitting from U.S. preferential trade frameworks such as the African Growth and Opportunity Act (AGOA) – its effects may warrant a nuanced assessment. There remains the possibility that the U.S. administration may, as it did with Canada and Mexico, grant exemptions or continued benefits to African countries operating under such trade agreements.

Furthermore, much like other nations and world leaders, African states may face two likely scenarios in response to the Executive Order on “reciprocal tariffs”: either opening negotiations with U.S. Customs authorities to agree on more balanced and less harmful terms for their economies, or implementing retaliatory measures aimed at mitigating the combined and foreseeable impacts of the decree. Governments, political leaders, and trade organizations have already expressed deep concern about the potential repercussions for international commerce and bilateral relations with the United States. As China (one of the most targeted countries under the new tariff regime) stated through its Ministry of Commerce: “In a trade war, no one wins, and protectionism has no future.” While calling for the withdrawal of the measure and advocating for resolution through equitable dialogue, China has also signaled that it will implement firm countermeasures to protect its national interests.

As noted in Zoll Letter No. 53 (April–May 2025), Zoll & Legal strongly believes that the involvement of top-tier experts in customs and international trade law is essential in shaping all responses and recommended measures. In a context where the multilateral system has been so plainly disregarded, only well-informed and strategic action will lead to responses that are both effective and efficient in navigating this new phase of global trade tensions.

Beyond this, the international context is marked by crises that have direct repercussions on the African continent and, for the most part, require African states and regional organizations to adopt a paradigm shift: the COVID-19 health crisis, the Russo-Ukrainian war, the Israeli-Palestinian conflict,…

The international context is marked by crises that have direct repercussions on the African continent and, for the most part, require African states and regional organizations to adopt a paradigm shift: the COVID-19 health crisis, the Russo-Ukrainian war, the Israeli-Palestinian conflict, Environmental crises, and more. At the African level, the context is notably characterized by the advent of the African Continental Free Trade Area (AfCFTA), a flagship project of Agenda 2063 of the African Union which offers African and foreign business communities opportunities unprecedented business and investment opportunities in Africa, as well as various developmental opportunities.

African states that have understood this new reality are engaged in a process of modernizing and harmonizing their legal and economic frameworks. This extensive effort is evident through various revisions and renovations of old legislative and economic instruments, as well as alignment with modern standards set by international organizations such as AfCFTA, WTO, WCO, IMO, etc. Henceforth, there is also a need to adapt to legislative, regulatory and institutional changes that contribute to the emergence of the New Customs and Foreign Exchange  Frameworks in AfCFTA member states in recent years: Rules of Origin, SPARP-PAPSS, creation of the Sahel States Alliance (AES, which aims to create an economic and monetary union), Economic Partnership Agreements, WTO Trade Facilitation Agreement, Laws governing foreign trade, revised Kyoto Convention, PECAE, SOLAS Convention, among others.

The major reforms of community texts carried out here and there to secure investments and international transactions further enrich this landscape of reforms: AfCFTA Agreement and Protocols (on trade in goods, on trade in services, on rules and dispute resolution procedures, on competition policy, on investment, on intellectual property rights), Merchant Shipping Codes, Investment Codes, Oil, Mining and Gas Codes, OHADA Uniform Acts in the eighteen States Parties, etc..

Meanwhile, the United Nations Conference on Trade and Development’s World Investment Report (2024) reveals a slight decrease in foreign investment flows to Africa in 2023, despite significant investments in clean energy sectors being a positive highlight for the continent.

The global energy transition provides mineral-rich countries with opportunities to strengthen their industries and diversify their economies. However, it also risks exacerbating their dependency on raw materials. As the climate urgency intensifies, there is increasing demand for minerals essential to renewable energy technologies, such as those used in solar panels, wind turbines, and electric vehicles (EVs). Projections from UNCTAD based on data from the International Energy Agency indicate that by 2050, for example, demand for lithium could increase by more than 1,500%, with similar trends for nickel, cobalt, and copper. This is occurring in a context where new African states, such as Rwanda and Burkina Faso are embarking on the construction of nuclear power plants.

This surge in demand presents significant opportunities and challenges for mineral-rich developing countries in the context of the energy transition. Africa thus retains its attractiveness, underscoring the need for African states, particularly those in sub-Saharan Africa, to continue improving their business environments to achieve better economic performance.

Clearly, the desired outcomes will only be achieved if there is a high-level supply of engineering and legal expertise available to support economic operators. This offer must be adapted to the ongoing and upcoming changes in public administrations, customs and foreign exchange regulations, tax regulations, the business environment, and republican, community, and pan-African institutions.

Zoll & Legal is a measured response to the demand for high-level expertise in customs, foreign exchange, investments, international trade, the African Continental Free Trade Area, and community law in this dynamic Africa. True to its mission of providing importers, exporters, and investors with customs and legal techniques to secure and optimize their businesses, Zoll & Legal takes on the challenge of providing expert Advice, Assistance, and Audits in these areas. We firmly believe that the expert hand of Africans in Africa’s projects is essential for secure growth.

Indeed, Since its establishment in 2013, Zoll & Legal’s challenge has been to offer our valued clientele innovative, high-quality services tailored to their growth needs. I embrace this challenge with enthusiasm and conviction because it is not just me; it is a solid team of dynamic and experienced Consultants, with extensive international, national, and African experience, who are at your service, regardless of the AfCFTA member state involved, including within the CER, even in Eritrea (the only African state not yet part of AfCFTA).

We welcome / “Karibu” (swhahili)/ poket pe zekut (Bamun) / you to our firm and look forward to hearing from you year after year that you have greatly enjoyed our assistance.

Dr. Beauclair NJOYA NKAMGA, (Ph.D.)
Expert in AfCFTA, Investment in Africa and Foreign Exchange
CEAMC Authorized Customs Expert
Permanent Secretary of the AUP-AfCFTA