Niger -5-Protection of Property RightsNiger - Property Rights Protection
Real Property
Interests in property are enforced when the land holder is known, but property disputes are common, particularly involving community-owned land or land in rural areas where customary land titles are still common. There is no data available regarding the percentage of land that is untitled. Mortgages are relatively new instruments; Bank Atlantique introduced the first mortgages in 2014. The bank retains the title to the property until the loan is repaid. Traditional use rights are at the core of land disputes between Nigerien farmers and traditional nomadic herders. According to data collected by The World Bank's 2017 Doing Business survey, registering property in Niger requires four procedures, takes 35 days and costs 9 percent of the property value. Globally, Niger stands at 125 in the ranking of 190 economies on the ease of registering property. In 2014, Niger made transferring property easier by reducing registration fees. Foreign ownership of land is permitted but requires authorization from the Ministry of Planning.Intellectual Property Rights
As a signatory to the 1983 Paris Convention for the Protection of Industrial Property, Niger provides national protection under Nigerien patent and trademark laws to foreign businesses. Niger is also a member of the World Intellectual Property Organization (WIPO) and a signatory to the Universal Copyright Convention.No new IP laws or regulations have been enacted in the past year. Niger does not regularly track and report on seizures of counterfeit goods. There is no specific information about working conditions in the production or sale of counterfeit goods. While there have been some cases of seizure, government statistics are not available. Niger is not listed in the USTR’s Special 301 Report or the Notorious Markets report.
For additional information about national laws and points of contact at local IP offices, please see WIPO’s country profiles webpage.
Financial Sector
Capital Markets and Portfolio Investment
There are no limits on the free flow of financial resources. Niger’s capital markets are extremely underdeveloped and there is no stock market. Although an effective regulatory system exists, and policies in fact encourage portfolio investment, there is little market liquidity and hence little opportunity for such investment. The government otherwise works closely with the IMF to ensure that payments and transfers overseas occur without undue restrictions. Credit is allocated on market terms and foreigners do not face discrimination. Credit to the private sector is dominated by large corporations, while agriculture, livestock, forestry, and fisheries sectors (which account for more than 40 percent of GDP) receive less than one percent of total bank credit.Money and Banking System
Although the banking sector in Niger is generally healthy and well capitalized, less than 3 percent of the people of Niger have a bank account. Foreign banks control about 80 percent of the sector’s assets, with SONIBANK, BIA Niger, Ecobank and Bank of Africa (BOA) being the largest banks operating within the country, with estimated combined assets at $1.34 billion. There are no restrictions on a foreigner’s ability to establish a bank account, and foreign banks and their subsidiaries operate within the economy without undue restrictions. The Central Bank of West African States governs Niger’s banking institutions and sets minimum reserve requirements. Niger is a part of the West African Economic and Monetary Union (WAEMU) which utilizes the franc CFA, pegged to the Euro at 655.61 CFA per euro.Foreign Exchange and Remittances
Foreign ExchangeThere are no restrictions or limitations placed on foreign investors in converting, transferring, or repatriating funds associated with an investment, including remittances. Funds are freely convertible into any world currency. However, currency conversions above 2 million CFA (approximately $3,413) must be approved by the government. The exchange rate is determined via the euro’s fluctuations on the international currency market. The CFA is otherwise fixed to the euro.
Remittance Policies
Niger's Investment Code offers the possibility to transfer income of any kind, including capital investment and the proceeds of investment liquidation, regardless of the destination. There are no limitations or waiting periods on remittances, though currency conversions above 2 million CFA (approximately $3,250) must be approved by the Ministry of Finance.