How to set up an NGO in Senegal
An NGO is an association that has received accreditation
It's important to note that in Senegal, an NGO is an association or a non-profit organisation. a foreign NGO that has received approval from the Ministry of the Interior. To be recognised as an NGO, the association must have been in existence for at least two years in Senegal or abroad. Foreign NGOs must have at least two years' experience. The application for approval is sent to the Minister of the Interior, who has two months in which to make a decision.
Possible grounds for refusal of approval
Approval may be refused in cases where the NGO engages in illegal or discriminatory activities or aims to promote the rights of LGBTQ people (in Senegal, criminal law punishes same-sex relationships).
Refusal of approval may be appealed to the administrative courts[1] and a new application for approval may be submitted after a period of twenty-four months.
Tax benefits of approval
The approval grants tax benefits on the equipment used to make the investments, for a period of two years. The NGO benefits from exemption from duties and taxes on equipment imported or acquired locally. Vehicles imported or purchased locally are also exempt from import duties and taxes.
In the six months following their installation, the NGO's non-Senegalese staff and members of their families are exempt from duties and taxes on imported furniture and personal effects.
Obligations of the NGO
The NGO must :
- Register with the National Directory of Companies and Associations to obtain a NINEA number;
- File a declaration of existence with the tax authorities ;
- Submit an investment programme that must be approved jointly by the Ministers of the Interior and the Budget;
- Produce a quarterly activity report for submission to the prefecture;
- Produce a technical and financial report once a year for submission to the Minister for the Interior;
- Have your accounts audited once a year;
- Declare once a year the sums paid to Senegalese employees and third parties not employed by the NGO;
- Remit tax owed by non-exempt employees, financial backers and service providers.
Possibility of concluding a headquarters agreement for foreign NGOs
The foreign NGO may conclude a headquarters agreement with the government of Senegal. The headquarters agreement is an agreement concluded with the State of Senegal. The conclusion of a headquarters agreement confers consular and diplomatic privileges on non-Senegalese staff during the period of validity of the investment plan.
Penalties
If an NGO breaches its obligations or Senegalese law, its approval may be withdrawn and its headquarters agreement may be terminated. If approval is withdrawn, a new application may be submitted within 24 months of the withdrawal.
in cases provided for by specific laws.
[1] Supreme Court.