SOUTH SUDAN
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
South Sudan is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal
SOUTH SUDAN
Since February 2012
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
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.
Coverage Horizontal
SOUTH SUDAN
Since April 2019
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Public Procurement and Disposal of Assets Act, 2018
Section 38.2 of the Public Procurement and Disposal of Assets Act provides that the Minister can prescribe preferences and/or reservations in public procurement in consideration of economic and social development factors to disadvantaged groups, small and medium enterprises (SMEs), women, youth and people with disabilities. Section 38(5)(iii) states that a prescribed margin of preference may be given in the evaluation of bids to candidates offering manufactured goods.
Moreover, Section 41.2.b establishes that evaluation criteria relating to public procurement may include a margin of preference up to 15% for the benefit of national providers or domestically produced supplies, or any other preference, if authorised or required by the regulations made under this Act or other provisions of applicable law.
Moreover, Section 41.2.b establishes that evaluation criteria relating to public procurement may include a margin of preference up to 15% for the benefit of national providers or domestically produced supplies, or any other preference, if authorised or required by the regulations made under this Act or other provisions of applicable law.
Coverage Horizontal
SOUTH SUDAN
Since April 2019
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Public Procurement and Disposal of Assets Act, 2018
Section 38(5)(i) of the Public Procurement and Disposal of Assets Act provides that an exclusive preference can be given to citizens of South Sudan if the funding is fully from the government of South Sudan and under the prescribed threshold (which is not specified in the law).
Coverage Horizontal
SOUTH SUDAN
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar 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)
South Sudan is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
SOUTH SUDAN
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Effective tariff rate to ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
3.13%
Coverage rate of zero-tariffs on ICT goods (%)
51.4%
Coverage: Digital goods
SOMALIA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Somalia 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
SOMALIA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Somalia 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
SOMALIA
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention of Electronic Communications
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Somalia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
SOMALIA
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
Somalia lacks a consumer protection framework in place.
Coverage Horizontal
SOMALIA
N/A
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Somalia does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal
SOMALIA
Since February 2016
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
Anti-Money Laundering and Countering the Financing of Terrorism Act, 2016
The Anti-Money Laundering and Countering the Financing of Terrorism Act mandates financial institutions to verify and authenticate the identities of their clients and to notify the relevant authorities of any doubtful transactions. As stated in Art. 9 of the Act, financial institutions are obligated to evaluate and manage the risks of money laundering and terrorist financing associated with all financial products and services, including remote transactions and innovative technologies, for all types of clients. It is reported that, as a result of the regulation, the agencies that are based outside of Somalia are confronted with high challenges when transferring money into Somalia as they are heavily scrutinized. The banks, including those in Kenya where most NGOs that operate in Somalia are based, are being encouraged to become stricter when transferring funds to Somalia.
Coverage Financial institutions
Sources
SOMALIA
Since 2019, last amended in 2020
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
Central Bank (Mobile Money) Regulations, 2019
Art. 24 of the Mobile Money Regulation states that the Central Bank may from time to time and in consultation with mobile money service providers set transaction limits for mobile money service providers, their agents and consumers including daily and periodic limits.
Coverage Mobile money
SOMALIA
Since January 2021
Pillar Online sales and transactions |
Sub-pillar Licensing scheme for e-commerce providers
Ministry of Commerce and Industry Regulation 001/2021
Regulation 001/2021 (Table 3) imposes a cost of USD 300 for the service license "Internet and ICT Services". A government website also states that there is a specific license for "E-Commerce" (USD 300).
Coverage Internet and ICT Services
SOMALIA
Reported in 2015
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Self-certification for product safety
Local testing requirement
It is reported that electronic and electrical products referred to collectively as radio and telecommunications terminal equipment (RTTE) require local testing to check the quality of standards before exporting to Somalia. The certification regulation outlines the procedures that manufacturers and importers must follow to ensure that their products are certified as safe for use or consumption in Somalia. The steps for this verification include physical inspection and testing.
Coverage Radio and telecom equipment