STARTING A BUSINESS IN SENEGAL AS A FOREIGN COMPANY IN 2023

Starting a business in a foreign country can be a challenging but rewarding endeavour. South African entrepreneurs have opted to invest more in Senegal, attracted by its diverse range of investment incentives. These include factors such as political stability, a secular democracy with a pro-market orientation, a skilled workforce, and a well-established infrastructure. The trade ties between South Africa and Senegal have been gradually increasing. In 2020, South Africa exported goods worth R 1.5 billion to Senegal. In recent times, Senegal has experienced both economic expansion and increased foreign investments. Despite a slight decline to 4.7% in 2022, Senegal’s growth is poised for recovery, surpassing 5.3% this year. This is partly due to a burgeoning oil and gas industry. As a result, Senegal stands as one of the fastest-growing sub-Saharan African economies. However, navigating the process of starting a business in Senegal as a foreign company requires a clear understanding of local regulations, legal requirements and cultural nuances. If you’re a South African looking to embark on the journey of starting a business in Senegal as a foreign company in 2023, it is imperative to recognise the country’s evolving business environment and the steps involved in setting up a successful business. 

Essential Tips To Starting a Business in Senegal as a Foreign Company

Market Research

Market research is crucial in Senegal, as in any market, to understand the demands, challenges, and opportunities present. For example, Senegal’s strong post-pandemic recovery has been hampered by overlapping external shocks. Consequently, expectations for growth have decreased, inflation has escalated, and the fiscal and current account deficits have expanded. However, the country has bright future prospects with the help of oil and gas production, which will boost the economy in the coming years. It’s predicted that the growth will speed up to 10.6% in 2024 and 7.4% in 2025. As a South African investor, these are good news for both the Senegalese and South African economies. It is, therefore, vital to comprehend the local market dynamics, consumer preferences, and competition to shape a successful business strategy.

Determine the appropriate legal structure

Senegal has a civil law system based on French law, with judicial review of legislative acts by the Constitutional Court. This legal system is different than South Africa’s legal system. For instance, in Senegal, common choices consist of sole proprietorships, partnerships, limited liability companies (LLCs) or branches of foreign companies. Therefore, your selection of structure ought to match your commercial objectives, risk tolerance, and long-term vision. Seeking legal advice from experts familiar with Senegal’s regulatory framework is advisable to make an informed decision.

Residency and Visa

If you plan to stay in Senegal and run your business, you need to get the necessary visas or residency permits. South Africans need a work permit according to Senegal’s requirements. So, if you intend to live or work in Senegal for over 3 months, you must get a work permit and a residency permit. For example, when employees(entrepreneurs) reach Senegal, they can apply for a residency permit. Whilst their application is under review, they will be given a receipt that allows them to reside in Senegal until their permit is granted. The Ministry of Interior provides an initial six-month residence permit, which can be renewed at least five (5) working days prior to its expiration.

Consultation with Local Experts

When starting a business in Senegal as a foreign company in 2023, it is advisable to consult with legal and financial advisors from South Africa who have experience starting a business in Senegal as a South African. Given the complicated procedure for setting up a business in Senegal, they can offer vital advice on particular regulations and demands in the industry you’re looking to invest in.

Registration and Compliance

Registering your business is an important stage. First, select a business name and obtain a tax identification number (TIN). Then, complete the registration process with the relevant authorities, such as the National Investment Promotion Agency (APIX) and the Commercial Court. It takes 5 procedures and 10 days to register a foreign-owned limited liability company (LLC) in Senegal (Dakar). A foreign company wishing to engage in international trade must obtain an import-export card for trade purposes from the National Investment Promotion Agency (APIX) or a Commercial Court. Entrepreneurs can register their company at the one-stop shop and obtain all necessary registrations, including tax, commercial, company identification, and registrations for labour, social security, and pension funds. This process typically takes only two days and you will also be required to pay a registration fee during this process. The costs will vary according to the type of business you’re registering. It is, therefore, advisable to have local business advisors or your fellow South African business associates who will guide you through this process.

Taxation and Regulatory Compliance

Managing taxes is a vital aspect of running a business. Part of the process of starting a business in Senegal as a foreign company is enrolling for the value-added tax (VAT) and other relevant taxes. Adhering to tax rules and regulations is crucial to evade potential problems in the future.

Licenses and Permits

Depending on your type of business and industry, you may need specific licences or permits from the relevant regulatory authorities. Local authorities can assist you in identifying the necessary requirements.

Intellectual Property

An important aspect of starting a business in Senegal as a foreign company is protecting your intellectual property rights. These include trademarks, patents, or copyrights, which are essential, especially if your business relies on unique innovations or branding. As a South African investor, this is important because you have to protect the authenticity of your brand.

Customs and Import/Export

If your business involves importing or exporting goods, understanding and complying with customs regulations and obtaining necessary licenses are imperative.

Local Employment and Culture

If you’re employing Senegalese workers, make sure you’re aware of the country’s labour laws and regulations. To maximize the positive impact of South African investors on local employment and culture in Senegal, it’s important for you as an investor to engage in responsible and sustainable business practices with the Senegalese government. This includes prioritizing local hiring, investing in education and skills development, and respecting and preserving the local culture and environment. You can train and upskill the local workforce, this transfer of skills can enhance the employability of Senegalese workers.

Frenchside Translation at Your Service!

Alongside Senegalese local languages, the official language spoken in Senegal is French. Starting a business in Senegal as a foreign company in 2023 means that you need to translate your legal and personal documents into the official language. Therefore, rest assured that our team of accredited translators at Frenchside will accurately translate your legal and personal documents into these languages. Our agency bridges the language gap between South Africans and their business associates. We, therefore,  understand the importance of handling your legal documents with care. Moreover, we recognise the pressure that follows obtaining a foreign passport or visa. Our certified translators are based in Cape Town, Durban, Johannesburg, and Pretoria. We’re certain that you’ll be completely content with our legal and personal document translation services as we’re happy to work to your standards until the task is finished. Feel free to contact us for more information on our services. Tel: 012 348 3134 | Mobile: 081 347 6060 | Email: info@frenchside.co.za