SOUTH SUDAN
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Other restrictions to operate in the telecom market
Restrictions for obtaining a telecom license
It is reported that there are some restrictions for obtaining a telecom license: there are conditions that differ for foreign-controlled operators, there is a legal limit on the number of licences, a minimum capital requirement to obtain a licence, and there are other licensing criteria. However, such restrictions have not been identified in the regulatory texts. The general regime for licensing in the telecom sector can be found in Chapter V of the National Telecommunication Act.
Coverage Telecommunications sector
SOUTH SUDAN
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
South Sudan has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
SOUTH SUDAN
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that South Sudan does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there is an obligation of accounting separation.
Coverage Telecommunications sector
SOUTH SUDAN
Since 2021
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
It is reported that the state-owned company Digitel Telecommunications was launched in 2021. The information about the shares owned by the government is not available online.
Coverage Telecommunications sector
SOUTH SUDAN
Since June 2012
Pillar Telecom infrastructure and competition |
Sub-pillar Passive infrastructure sharing obligation
National Communication Act
There is an obligation for passive infrastructure sharing in the country to deliver telecom services to end users. According to Art. 53 of the National Communication Act, licensed operators shall share their infrastructure on the basis of commercial agreements entered into with each other. However, the Authority shall direct operators to share their infrastructure where it is in the public interest to do so.
Coverage Telecommunications sector
SOUTH SUDAN
Since February 2012
Pillar Telecom infrastructure and competition |
Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
Companies Act
According to Section 323 of the Companies Act, 2012, small-size private companies shall be the domain of South Sudanese nationals only and medium and large-size private companies shall be open to non-South Sudanese investors on the condition that financially able South Sudanese shall have not less than 31% shareholding in such companies. This applies to all companies, including the telecom sector.
Coverage Horizontal
SOUTH SUDAN
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
South Sudan has no rules applicable to the protection of trade secrets. However, there is a bill in this regard since 2013.
Coverage Horizontal
SOUTH SUDAN
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
South Sudan has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
SOUTH SUDAN
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
South Sudan has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
SOUTH SUDAN
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Lack of copyright law
South Sudan does not have a law covering copyright protection.
Coverage Horizontal
SOUTH SUDAN
Reported in 2022
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
Copyright is not adequately enforced online in South Sudan. It is reported that the legal structure for intellectual property rights (IPR) is weak and enforcement is lax.
Coverage Horizontal
SOUTH SUDAN
Reported in 2022
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the enforcement of patents
Lack of adequate enforcement of patents
It is reported that the legal structure for intellectual property rights (IPR) is weak and enforcement is lax in South Sudan. While the 2009 Investment Promotion Act includes an article on the protection of IPR in Section 35, neither the legislature nor any government ministry implemented laws or regulations governing trademarks, copyrights, or patents. It is reported that limited protection is obtained through filing a cautionary notice.
Coverage Horizontal
SOUTH SUDAN
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Lack of participation in the Patent Cooperation Treaty (PCT)
South Sudan is not a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
SOUTH SUDAN
Since January 2009
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Business Promotion Act
Section 21 of the Business Promotion Act provides for screening and approval of application before an investment certificate is issued by the Authority. Section 22 provides information about the conditions for issuing a certificate, including the creation of jobs and transfer of technology.
Coverage Horizontal
SOUTH SUDAN
Since February 2012
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Nationality/residency requirement for directors or managers
Companies Act
Section 241 of the Companies Act mandates that at least one director of the company should be a resident of South Sudan.
Coverage Horizontal