Database

Browse Database

SOMALIA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Somalia has no rules applicable to the protection of trade secrets.
Coverage Horizontal

SOMALIA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
It is reported that there is no obligation for passive infrastructure sharing in Somalia to deliver telecom services to end users. However, it is practised in both the mobile and fixed sectors based on commercial agreements. In addition, some telecom companies and internet providers, such as Somtel, Telesom, and Somcable, agreed with the government to share the landing and operation of submarine cables to enter the country.
Coverage Telecommunications sector

SOMALIA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory accounting separation for dominant network operators
Somalia does not mandate accounting separation for operators with significant market power (SMP) in the telecom market. However, it is reported that operators are subject to an obligation of functional separation.
Coverage Telecommunications sector

SOMALIA

Since October 2017
Since November 2020

Pillar Telecom infrastructure & competition  |  Indicator Licensing restrictions to operate in the telecom market
National Telecommunication Law (Sharciga Isgaarsiinta Qaranka)

Unified Licensing Framework
It is reported that there is a legal limit on the number of licenses, a minimum capital requirement to obtain a license and other licensing criteria. However, these restrictions are not found in the law. The licensing regime is regulated by the National Telecommunications Law of 2017 and the Unified Licensing Framework.
Coverage Telecommunications sector

SOMALIA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Somalia has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

SOMALIA

Since October 2017

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
National Telecommunication Law (Sharciga Isgaarsiinta Qaranka)
Somalia has established a telecommunications regulatory body known as the National Communications Authority (NCA). The NCA was created under the National Telecommunication Law, which stipulates in Art. 7 that it functions as an autonomous agency in the performance of its duties, free from interference by other governmental institutions. It possesses legal personality, granting it the capacity to initiate or defend legal proceedings in its own name, consistent with the procedures applicable to government agencies. Nevertheless, similar to other governmental bodies, the NCA falls administratively under the jurisdiction of the minister responsible for national communications. Despite this administrative oversight, the law affirms that the NCA retains autonomy in executing the responsibilities assigned to it under the Law.
Coverage Telecommunications sector

SOMALIA

Since March 2023

Pillar Cross-border data policies  |  Indicator Conditional flow regime
Data Protection Act - Law No. 005 of 2023 (Sharci lr. 005 | Sharciga Dhowrista Xogta Dadwaynaha)
Art. 30 of the Data Protection Act provides that a data controller may not transfer personal data to a country outside the country unless one of the following conditions is met:
- The personal data will be received solely in countries that provide an adequate level of protection;
- The recipient is an international organisation whose policies and administrative and technical measures afford an adequate level of protection;
- The recipient is subject to a law, binding corporate rules, contractual clauses, code of conduct, certification mechanism or other measures that afford an adequate level of protection; or
- The transfer meets one of the several criteria in Art. 31, which include consent of the data subject and the necessity of the processing for the entering into or performance of a contract with the data subject.
Coverage Horizontal

SOMALIA

N/A

Pillar Cross-border data policies  |  Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreement with binding commitment on data flows
Somalia has not joined any agreement committing to open transfer of cross-border data flows.
Coverage Horizontal

SOMALIA

Since November 2015

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Foreign Investment Law of 2015 (Sharciga Maalgashiga Shisheeye)
According to the 2015 Foreign Investment Law, all foreign investors are required to obtain a certificate from the Foreign Investment Board in order to invest in the country. Pursuant to Art. 8, foreign investors must complete the investment application form at the Ministry of National Planning and submit it by registered mail to the Foreign Investment Board. As provided in Art. 9, the Board must notify the applicant of its decision within sixty days of receiving a complete application, and any approval is formalised through the issuance of a foreign investment certificate, which is valid for 24 months from the date of issuance.
Coverage Horizontal
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'SO')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"103391"},{"post_id":"103392"},{"post_id":"103393"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'SO')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'SO')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"1.00"}]

SOMALIA

ITA signatory? I II

SOMALIA

N/A

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Somalia is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II). Somalia is not a member of the WTO but holds observer status.
Coverage ICT goods

SOMALIA

Since December 2015

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Public Procurement, Concessions and Disposals Law of 2015
Art. 34 of the Public Procurement, Concessions and Disposal Act establishes a margin of domestic preference. A Procuring Entity may grant a margin of domestic preference in the evaluation of bids under open competitive bidding to (a) Bids offering goods that are manufactured, mined, extracted, or grown in the Federal Republic of Somalia when compared to bids offering goods manufactured, mined, extracted or grown in a foreign country; and (b) Bids by domestic contractors when compared to bids offered by foreign contractors. The margin of domestic preference shall be 15% for goods and 10% for contractors, which shall be stated in the bidding documents.
When there is an interest in the development of a target group of providers, a community, or a sub-sector of the economy, the Procuring Entity may decide to limit participation by applying a preference scheme in its procurement proceedings.
Coverage Horizontal

SOMALIA

N/A

Pillar Public procurement of ICT goods and online services  |  Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Somalia is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal

SOMALIA

Since November 2015

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Foreign Investment Law of 2015 (Sharciga Maalgashiga Shisheeye)
The Foreign Investment Law of 2015 of the Republic of Somalia does not impose restrictions on foreign equity ownership.
Coverage Horizontal

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