GUINEA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Guinea has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
GUINEA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Guinea has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
GUINEA
Since April 2015
Since May 2017
Since May 2017
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Law No. 2015/018/AN of 13 April 2015 on Telecommunications and Information Technologies in the Republic of Guinea (Loi No. 2015/018/AN du 13 Avril 2015 Relative aux Télécommunications et aux Technologies de l'Information en République de Guinée)
Decision A/001/ARPT/CNRPT/2017 on Procedures for Acquiring Approvals for Installers, Importers, and the Approval of Communication Equipment and Terminals (Décision A/001/ARPT/CNRPT/2017 Portant Procédures d'Acquisition des Agréments des Installateurs, Importateurs et d'Homologation des Équipements et Terminaux de Communication)
Decision A/001/ARPT/CNRPT/2017 on Procedures for Acquiring Approvals for Installers, Importers, and the Approval of Communication Equipment and Terminals (Décision A/001/ARPT/CNRPT/2017 Portant Procédures d'Acquisition des Agréments des Installateurs, Importateurs et d'Homologation des Équipements et Terminaux de Communication)
According to Art. 64 of Law No. 2015/018/AN, the importation of radio equipment and terminal equipment must undergo prior approval to authorise their entry into Guinean territory. According to Art. 2 of Decision A/001/ARPT/CNRPT/2017, radio equipment and terminal equipment refer to any equipment intended for direct or indirect connection to a telecommunications network termination point for the purpose of transmitting, processing or receiving information. It also includes any communication installation that uses radio frequencies to propagate waves.
Coverage Radio equipment and terminal equipment
GUINEA
Since September 2022
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Local content requirements (LCRs) on ICT goods for the commercial market
Law L/2022/0010/CNT of 22 September 2022 on Local Content of the Republic of Guinea (Loi L/2022/0010/CNT du 22 septembre 2022 Portant Contenu Local de la République de Guinée)
Art. 14 of Law L/2022/0010/CNT provides that operators or companies working on their behalf are obliged to employ Guinean personnel in accordance with the following minimum quota by category:
- Executives: 30% of staff, including the human resources manager, from the start of operations; 40% of staff from the fourth year of operation; 50% of staff from the seventh year of operation.
- Management staff: 25% of staff from the start of operations, 40% of staff from the fourth year of operation, and 70% of staff from the seventh year of operation.
- Skilled workers: 50% of staff from the start of operations, 70% of staff from the fourth year of operation, and 85% of staff from the seventh year of operation.
- Unskilled workers: 100% of staff from the start of operations.
In the event that it is duly established by the operator, by means of documents or detailed reports sent to the Autorité de Régulation et de Contrôle du Contenu Local (ARCCL), that the above quotas cannot be met at these various stages, due to a lack of expertise or availability, the operator shall draw up a detailed training programme and a timetable for the gradual replacement of foreign staff by nationals.
Operator refers to both the company in charge of carrying out public projects and investors in private sector projects covered by the investment code or companies working on their behalf, regardless of the sector.
- Executives: 30% of staff, including the human resources manager, from the start of operations; 40% of staff from the fourth year of operation; 50% of staff from the seventh year of operation.
- Management staff: 25% of staff from the start of operations, 40% of staff from the fourth year of operation, and 70% of staff from the seventh year of operation.
- Skilled workers: 50% of staff from the start of operations, 70% of staff from the fourth year of operation, and 85% of staff from the seventh year of operation.
- Unskilled workers: 100% of staff from the start of operations.
In the event that it is duly established by the operator, by means of documents or detailed reports sent to the Autorité de Régulation et de Contrôle du Contenu Local (ARCCL), that the above quotas cannot be met at these various stages, due to a lack of expertise or availability, the operator shall draw up a detailed training programme and a timetable for the gradual replacement of foreign staff by nationals.
Operator refers to both the company in charge of carrying out public projects and investors in private sector projects covered by the investment code or companies working on their behalf, regardless of the sector.
Coverage Horizontal
GUINEA
Since September 2022
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Local content requirements (LCRs) on ICT goods for the commercial market
Law L/2022/0010/CNT of 22 September 2022 on Local Content of the Republic of Guinea (Loi L/2022/0010/CNT du 22 septembre 2022 Portant Contenu Local de la République de Guinée)
Art. 8 of Law L/2022/0010/CNTA obliges economic operators to source Guinean goods and services as part of their activities in the Republic of Guinea. It provides that operators must conclude contracts for the supply of goods or services with Guinean natural or legal persons in order to obtain supplies on the local market, in accordance with a list of goods and services drawn up by order of the Ministry responsible for the private sector. These are goods manufactured or produced in Guinea and services provided on Guinean territory. All companies, whether local or foreign, regardless of their sector of activity, are subject to the provisions of Art. 8, with the exception of local micro, small and medium-sized enterprises (MSMEs). Operator refers to both the company in charge of carrying out public projects and investors in private sector projects covered by the investment code or companies working on their behalf, regardless of the sector.
Art. 11 further specifies that in the event that the supply of local goods or services proves impossible due to unavailability or insufficiency, operators subject to local content are authorised, on the favourable opinion of the Autorité de Régulation et de Contrôle du Contenu Local (ARCCL), in conjunction with the ministry in charge of the private sector, to obtain supplies on the external market.
Art. 11 further specifies that in the event that the supply of local goods or services proves impossible due to unavailability or insufficiency, operators subject to local content are authorised, on the favourable opinion of the Autorité de Régulation et de Contrôle du Contenu Local (ARCCL), in conjunction with the ministry in charge of the private sector, to obtain supplies on the external market.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240706160019/https://www.africaguinee.com/app/uploads/2023/05/EXE_LOI-2022-CNT_A5-prop-03-1.pdf
- https://web.archive.org/web/20230329135016/https://www.financialafrik.com/2023/03/29/regards-croises-entre-les-lois-sur-le-contenu-local-en-republique-democratique-du-congo-et-la-republique-de-guinee/
GUINEA
Since May 2017
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Self-certification for product safety
Decision No. A/001/ARPT/CNRPT/2017 on Procedures for Acquiring Approvals for Installers, Importers, and Approval of Communication Equipment and Terminals (Décision A/001/ARPT/CNRPT/2017 portant procédures d'acquisition des agréments des installateurs, importateurs et d'homologation des équipements et terminaux de communication)
According to Art. 3 of Decision A/001/AEPT/CNRPT/2017, telecommunication equipment and terminals and radioelectric installation must be homologated and certified for compliance with the regulation. Self-certification is not allowed for those products. According to Art. 2 of the Decision, this applies to any equipment intended for direct or indirect connection to a telecommunications network termination point for the purpose of transmitting, processing or receiving information. It also includes any communication installation that uses radio frequencies to propagate waves. According to Art. 5, each homologation request must be accompanied by several documents, including a representative sample of each type of equipment subject to the request. These samples are returned to the applicant at their own expense after the related studies and tests.
Coverage Radio equipment and terminal equipment
Sources
- https://web.archive.org/web/20241010040226/https://www.arpt.gov.gn/wp-content/uploads/2021/04/decision1.pdf
- https://web.archive.org/web/20240329180157/http://www.waqsp.org/sites/default/files/PNQ-Guin%C3%A9e_1.pdf
- https://web.archive.org/web/20160831184044/https://www.cma-cgm.com/static/eCommerce/Attachments/Guinea%20v1.pdf
- Show more...
GUINEA
Since July 2016
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Restrictions on encryption standards
Law L/2016/037/AN of 28 July 2016 on Cybersecurity and Personal Data Protection in the Republic of Guinea (Loi L/2016/037/AN du 28 juillet 2016 Relative à la Cyber-Sécurité et à la Protection des Données à Caractère Personnel en République de Guinée)
According to Art. 57 of the cybersecurity and personal data protection law, the importation, sale or use of encryption services (in the law "means of cryptology") is banned unless authorised by the government.
Coverage Encryption services
Sources
- https://web.archive.org/web/20230331164726/https://www.arpt.gov.gn/loi-l2016-037-an-relative-a-la-cybersecurite-et-la-protection-des-donnees/
- https://web.archive.org/web/20230420040132/https://cipesa.org/wp-content/files/reports/Privacy-Imperilled-Analysis-of-Surveillance-Encryption-and-Data-Localisation-Laws-in-Africa-Report.pdf
GUINEA
Since December 2021
Pillar Online sales and transactions |
Sub-pillar Licensing scheme for e-commerce providers
Decree No. D/2021/0196/PRG/CNRD/SGG of 9 December 2021, Regulating Electronic Transactions in the Republic of Guinea (Décret No. D/2021/0196/PRG/CNRD/SGG du 09 décembre 2021 portant réglementation des transactions électroniques en République de Guinée)
According to Art. 7 of Decree No. D/2021/0196/PRG/CNRD/SGG, the practice of e-commerce is subject to a list of requirements, including:
- having a dedicated domain name with a ".gn" or ".com" extension for the activity;
- subscribing to a service provider for trust;
- implementing a security system for electronic transactions;
- having a website dedicated to the activity;
- registering as an e-commerce provider.
- having a dedicated domain name with a ".gn" or ".com" extension for the activity;
- subscribing to a service provider for trust;
- implementing a security system for electronic transactions;
- having a website dedicated to the activity;
- registering as an e-commerce provider.
Coverage Horizontal
GUINEA
Reported in 2021, last reported in 2023
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 80, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
Sources
- https://web.archive.org/web/20231220024306/https://global-express.org/index.php?id=271&act=101&profile_id=-1&countries%5B%5D=-2&search_terms=&question-filter=&qid_34=1&qid_34_optid=1&qid_35=1&qid_36=1...
- https://web.archive.org/web/20230227012953/https://global-express.org/assets/files/GEA%20De%20Minimis%20Country%20information_4%20November%202021.pdf
GUINEA
Reported in 2022, last reported in 2023
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
Requirement to establish a commercial presence to use a local domain name
It has been reported that eligibility to register a '.com.gn' domain name is restricted exclusively to companies based in Guinea.
Coverage Horizontal
GUINEA
Since December 2021
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
Decree No. D/2021/0196/PRG/CNRD/SGG of 9 December 2021, Regulating Electronic Transactions in the Republic of Guinea (Décret No. D/2021/0196/PRG/CNRD/SGG du 09 décembre 2021 portant réglementation des transactions électroniques en République de Guinée)
According to Art. 7 of Decree No. D/2021/0196/PRG/CNRD/SGG, the practice of e-commerce is subject to a list of requirements, including having a dedicated domain name with a ".gn" or ".com" extension for the activity.
Coverage Horizontal
GUINEA
N/A
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
Guinea lacks a comprehensive framework for consumer protection that applies to online transactions.
Coverage Horizontal
GUINEA
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Signature of the World Trade Organization (WTO) Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Guinea has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
GUINEA
Since April 2015
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of an independent telecom authority
Law No. 2015/018/AN of 13 April 2015 on Telecommunications and Information Technologies in the Republic of Guinea (Loi No. 2015/018/AN du 13 Avril 2015 Relative aux Télécommunications et aux Technologies de l'Information en République de Guinée)
According to Arts. 8 and 9 of the Law No. 2015/018/AN, the regulatory body for the postal and telecommunications sector is called the "Regulatory Authority for Posts and Telecommunications", abbreviated as ARPT. This body carries out its regulatory functions in an independent, neutral, professional, impartial, and transparent manner and has legal personality and administrative and financial autonomy.
Coverage Telecommunications sector
GUINEA
Since July 2016
Pillar Cross-border data policies |
Sub-pillar Ban to transfer and local processing requirement
Law L/2016/037/AN of 28 July 2016 on Cybersecurity and Personal Data Protection in the Republic of Guinea (Loi L/2016/037/AN du 28 juillet 2016 Relative à la Cyber-Sécurité et à la Protection des Données à Caractère Personnel en République de Guinée)
According to Art. 28 of Part II of the Law L/2016/037/AN, the transfer of personal data is subject to prior authorisation from the personal data protection authority. Any transfer of such data is subject to strict and regular control by the authorities with regard to their purposes. The authorisation is always needed, though other conditions must also be fulfilled. A controller of personal data may only transfer such data to a third country if the state ensures a higher or equivalent level of protection of privacy, fundamental freedoms and rights of individuals with regard to the processing to which such data may be subject.
Coverage Horizontal