Database

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MAURITANIA

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
Mauritania has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

MAURITANIA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Autorité de Régulation (ARE), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector

MAURITANIA

Since November 2017, entry into force in July 2022

Pillar Cross-border data policies  |  Indicator Conditional flow regime
Law No. 2017-020 on the Protection of the Personal Data (Loi No.2017-020 sur la protection des données à caractère personnel)
Law No. 2017-020 provides that the controller may transfer personal data to a third country only if that country ensures an adequate level of protection (Art. 20). The Personal Data Protection Authority shall publish and maintain a list of states that it considers to provide an adequate level of protection (Art. 21). If the country is not included in the list of adequate countries, the controller must first inform the Authority. Moreover, Art. 24 specifies that the data controller may transfer personal data to a third country that does not meet the requirements of Art. 21 if the transfer is one-off, not massive, and the person to whom the data relates has expressly consented to its transfer, or if the transfer is necessary for any of the following purposes:
- to safeguard the life of that person.
- to protect the public interest.
- to comply with obligations to establish, exercise or defend a legal claim.
- the performance of a contract between the controller and the data subject.
Lastly, the Authority may authorise, on the basis of a duly motivated request, a transfer or a set of transfers of data to a third country that does not ensure an adequate level of protection when the data controller offers sufficient guarantees with regard to the provisions of this law, including through contractual clauses (Art. 25).
Coverage Horizontal

MAURITANIA

Since February 1999, entry into force in February 2002, last amended in December 2015
Since December 2019, entry into force in March 2020

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the application process for patents
Bangui Agreement Relating to the Creation of an African Intellectual Property Organization, Constituting a Revision of the Agreement Relating to the Creation of an African and Malagasy Office of Industrial Property (Bangui (Central African Republic), 2 March 1977) (Accord de Bangui relatif à la création d'une organization Africaine de la Propriété Intellectuelle, constituant révision de l'Accord relatif à la création d'un Office Africain et Malgache de la Propriété Industrielle (Bangui (République centrafricaine), le 2 mars 1977)

Regulations on the profession of Authorised Agent before the African Intellectual Property Organization (Règlement sur la profession de Mandataire agréé auprès de l'organisation Africaine de la Propriété Intellectuelle)
According to the Bangui Agreement, ratified by 17 French-speaking States, including Mauritania, applicants resident outside the territory of the Member States must file through an agent selected in one of those Member States (Section III, Art. 8). The professional status of agent accredited to the African Intellectual Property Organization (OAPI) is governed by the Regulations on the profession of Authorised Agent before the OAPI.
Coverage Horizontal

MAURITANIA

Since April 1983

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Mauritania is a party to the Patent Cooperation Treaty (PCT).
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 = 'MR')\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":"101683"},{"post_id":"101684"},{"post_id":"101685"}]
"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 = 'MR')\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 = 'MR')\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"}]

MAURITANIA

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
12.16%
Coverage rate of zero-tariffs on ICT goods (%)
0.82%
Coverage: ICT goods

MAURITANIA

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)
Mauritania is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods

MAURITANIA

Since December 2021
Since June 2022

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Law No. 2021-024 repealing and replacing Law No. 2010-044 of 22 July 2010 on the Public Procurement Code. (Loi No. 2021-024 abrogeant et remplaçant la loi No. 2010-044 du 22 juillet 2010 portant code des marchés publics)

Decree No. 2022-083 of 8 June 2022 implementing Law No. 2021-024 of 29 December 2021 repealing and replacing Law No. 2010-044 of 22 July 2010 on the Public Procurement Code (Décret No. 2022-083 du 8 juin 2022 portant application de la loi No. 2021-024 du 29 décembre 2021 abrogeant et remplaçant la loi No. 2010-044 du 22 juillet 2010 portant Code des marchés publics)
In accordance with Art. 38 of Law No. 2021-024, to encourage participation by domestic companies, a price preference is granted to compliant bids submitted by Mauritanian bidders. As established in Art. 39, this margin must be specified in the tender documents as a percentage of the bid amount, up to a maximum of 15% of the contract value.
Art. 58 of Decree No. 2022-083 implementing implementing Law No. 2021-024 further details the procedure for establishing this preference. Moreover, Art. 59 the Decree provides that a tenderer who plans to subcontract at least 20% of the total contract value to one or more national companies may benefit from an additional preference margin of up to 5%, which may be combined with the Art. 58 preference, subject to a maximum total margin of 15%. However, subcontracting more than 30% of the total value of a contract is prohibited.
Coverage Horizontal

MAURITANIA

Since December 2021

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Law No. 2021-024 repealing and replacing Law No. 2010-044 of 22 July 2010 on the Public Procurement Code. (Loi No. 2021-024 abrogeant et remplaçant la loi No. 2010-044 du 22 juillet 2010 portant code des marchés publics)
Art. 32 of Law No. 2021-024 provides that, in order to encourage the participation of social economy players such as associations, workers' or craftsmen's cooperatives, Economic Interest Groupings and social enterprises, or SMEs, particularly those employing disabled people, unqualified young people or women, the contracting authority may reserve for them access to small contracts for works, supplies or non-intellectual services.
Coverage Horizontal

MAURITANIA

Reported in 2019, last reported in 2024

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Lack of transparency in tenders
Public procurement reportedly lacks transparency in Mauritania. In 2023, the Court of Accounts, the public body responsible for overseeing public funds and public accounts, issued an audit covering 2019–2021 that identified widespread non-compliance across government ministries. The report highlighted mismanagement of public resources, unauthorised gifting and use of project assets, and disregard for procurement rules. In particular, it documented systematic non-adherence to the legal framework governing public finances, including failures to apply the public procurement regime, especially in relation to competitive bidding procedures.
Coverage Horizontal

MAURITANIA

Since January 2024

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Law No. 2024-002/PR Relating to Technological and Innovative Startups (Loi No. 2024-002/PR Relative aux Startups Technologiques et Innovantes)
Art. 17 of Law No. 2024-002/PR Relating to Technological and Innovative Startups grants preferential treatment in public procurement to certified startups to promote innovative products and services and encourage their participation in tenders. Preferential treatment also applies where a bidder subcontracts to one or more nationally certified startups, and a price-preference margin is available to Mauritanian or foreign bidders that co-contract with a certified Mauritanian startup, provided the contract specifies the share of execution awarded to the startup. The detailed modalities are to be set by regulation, which has not yet been issued.
Art. 4 defines a “startup” as a company legally incorporated in Mauritania, within decree-set thresholds on age, headcount, balance sheet, and turnover; with at least 50% of share capital held by Mauritanian natural persons or national investment organisations; demonstrating high growth potential; and offering a business model or products/services with a strong innovative—particularly technological—dimension.
Coverage Horizontal

MAURITANIA

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)
Mauritania is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal

MAURITANIA

Since July 2012

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Law No. 2012-052 on the Investment Code (Loi No. 2012-052 portant code des investissements)
According to Art. 2 of Law No. 2012-052 on the Investment Code, the law shall encourage direct investment of domestic and foreign capitals, ensuring such investment and facilitating the related administrative procedures.
Coverage Horizontal

MAURITANIA

Since July 2012

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Nationality/residency requirement for directors or managers
Law No. 2012-052 on the Investment Code (Loi No. 2012-052 portant code des investissements)
According to Art. 12 of the Investment Code, foreign investors operating in Mauritania may employ foreign nationals in key management positions, up to 10% of management staff, in accordance with applicable labour legislation. The recruitment of foreign personnel is subject to authorisation and the issuance of a work permit by the competent authority, and is permitted only where equivalent national skills are unavailable. Investors are also required to provide training opportunities for an equal number of national staff to ensure skills transfer. It is reported, however, that although these rules are intended to promote knowledge transfer, their enforcement is not strict.
Coverage Horizontal

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