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SOUTH SUDAN

Reported in 2022

Pillar Online sales and transactions  |  Sub-pillar Restrictions on online payments
Online payment restrictions
It is also reported that the ability to exchange local currency for foreign currency is severely restricted due to South Sudan’s lack of correspondent banking relationships. Some international businesses have complained that the inability to repatriate proceeds has hurt their businesses.
Coverage Horizontal

SOUTH SUDAN

Since December 2017

Pillar Online sales and transactions  |  Sub-pillar Restrictions on online payments
Electronic Money Regulation, 2017
According to Art. 15 of the e-money Regulation, the e-money service provider must strictly apply KYC procedures based on a risk-based approach that determines the different risk categories in the application of customer identification, mobile money accounts have been categorized in the following three levels:
- Level 1: basic level accounts with simplified KYC, which are subject to lower transaction limits and limited documentation requirements for account opening. They have a maximum balance limit equal to USD 1.000, a daily transaction limit equal to USD 250, and a monthly transaction limit equal to USD 2.000;
- Tier 2: Partial KYC accounts that have higher limits and stricter account opening requirements. They have a maximum balance limit equivalent to USD 4.000, a daily transaction limit equivalent to USD 1.000, and a monthly transaction limit equivalent to USD 8.000.
- Level 3: accounts with full KYC requirements. Accounts with full KYC have higher limits in order to be used for corporate payments and government payments. They have a maximum balance limit equivalent to USD 10.000, a daily transaction limit equivalent to USD 2.000, and a monthly transaction limit equivalent to USD 20.000.
Coverage E-money service providers

SOUTH SUDAN

Since March 2012

Pillar Online sales and transactions  |  Sub-pillar Maximum foreign equity share for investment in e-commerce sector
The Companies Act, 2012
According to Section 323 of the Companies Act, non-South Sudanese are allowed to invest in medium and large size companies on the condition a South Sudanese has at least a 31% share. On the other hand, small size private companies must be the domain of South Sudanese nationals only. This affects all investments, including in the e-commerce sector.
Coverage Horizontal

SOUTH SUDAN

Since May 2021

Pillar Technical standards applied to ICT goods, products and online services  |  Sub-pillar Self-certification for product safety
Mandatory national certification
It is reported that all products imported into South Sudan, including electrical and electronic goods, are subject to the Pre-Export Verification to Conformity (PVoC) program and must be accompanied by a Certificate of Conformity (CoC), which is a mandatory clearance document for each consignment. The program covers all products being imported into South Sudan with a value above USD 2,000 and applies to all countries. The objective of the program is the verification of conformity to South Sudan standards or other approved standards and technical regulations.
Coverage Horizontal

SOUTH SUDAN

Since June 2012

Pillar Quantitative trade restrictions for ICT goods, products and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
National Communication Act, 2012
According to Sections 28-30 of the National Communication Act, it is restricted the use, import or trade of any communication equipment or materials, except under a licence issued by the Authority.
Coverage Communication equipment

SOUTH SUDAN

Reported in 2022

Pillar Content access  |  Sub-pillar Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator ""6.2.4 - Government Internet shut down in practice"" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 1 in South Sudan. This corresponds to "The government shut down domestic access to the Internet numerous times this year."
Coverage Horizontal

SOUTH SUDAN

Reported in 2017, last reported in 2021

Pillar Content access  |  Sub-pillar Blocking or filtering of commercial web content
Blocking of commercial web content
In recent years, there have been several reported cases of web content blocking, illustrating the challenge of restricted access to online platforms. In July 2017, the websites of media outlets Sudan Tribune and Radio Tamazuj, along with independent blogs Nyamilepedia and Paanluel Wel, were reportedly subject to blocking, and this blockage persisted for a year and a half. Moreover, in late June 2020, Sudan's Post publicly announced that government authorities had blocked access to its content. Furthermore, in August 2021, it was noted that Facebook and WhatsApp faced restrictions ahead of planned protests, underscoring the ongoing issue of online content limitations.
Coverage Media outlets, blogs and social media

SOUTH SUDAN

N/A

Pillar Intermediary liability  |  Sub-pillar Safe harbor for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringements
A basic legal framework on intermediary liability beyond copyright infringement is absent in South Sudan's law and jurisprudence.
Coverage Internet intermediaries

SOUTH SUDAN

Reported in 2021

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Mandatory SIM card registration
It is reported that South Sudan imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card, or a passport in case of foreigners, to activate a new prepaid SIM card.
Coverage Telecommunications sector

SOUTH SUDAN

N/A

Pillar Intermediary liability  |  Sub-pillar Safe harbor for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in South Sudan's law and jurisprudence.
Coverage Internet intermediaries

SOUTH SUDAN

N/A

Pillar Domestic Data policies  |  Sub-pillar Framework for data protection
Lack of legal framework for data protection
South Sudan does not have a comprehensive regime of data protection in place.
Coverage Horizontal

SOUTH SUDAN

Since May 2021

Pillar Domestic Data policies  |  Sub-pillar Minimum period for data retention
Cybercrimes and Computer Misuse Provisional Order, 2021
Section 6 of the Cybercrimes and Computer Misuse Provisional Order imposes an obligation on service providers to store for 180 days information relating to communications, including personal data and traffic data of subscribers. A service provider is defined as a public or private entity that provides to users of its services the means to communicate by use of a computer system, and any other entity that processes or stores computer data on behalf of that entity or its users (Section 5).
Coverage Online service providers

SOUTH SUDAN

N/A

Pillar Cross-border data policies  |  Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
South Sudan has not joined any agreement with binding commitments to open transfers of data across borders. However, South Sudan is a member of the East African Community EAC since 2016 and is an observer to COMESA.
Coverage Horizontal

SOUTH SUDAN

Since June 2012

Pillar Cross-border data policies  |  Sub-pillar Ban to transfer and local processing requirement
Banking Act, 2012
Section 63(6) of the Banking Act states that “no bank shall move all or any part of their administration, operations, books or records outside South Sudan without prior written consent of the [central] Bank.” Section 84(2) provides that financial ledgers and other financial records shall be kept in South Sudan for a period not less than 10 years. Section 84(6) relates to non-financial records, which must also be kept within South Sudan.
Coverage Financial sector

SOUTH SUDAN

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Presence of independent telecom authority
Lack of independent telecom authority
South Sudan has a telecommunications authority: The National Communication Authority. However, it is reported that this entity is not fully independent.
Coverage Telecommunications sector