MAURITANIA
Reported in 2022
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Export restrictions on ICT goods or online services
Lack of transparency in export procedures
Export formalities are reportedly cumbersome, slow and costly. Export operations require customs officials to visit the exporter’s premises and often depend on approvals being granted at senior administrative levels. These procedural constraints increase the overall cost of exporting. In addition, the misuse of the “miscellaneous” category in the customs export nomenclature has been identified as another opaque practice that further undermines transparency in the export process.
Coverage Horizontal
MAURITANIA
N/A
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Mauritania has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
MAURITANIA
Since November 2017, entry into force in July 2022
Pillar Domestic data policies |
Indicator Framework for data protection
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 a comprehensive regime of data protection in Mauritania.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220704161140/https://www.msgg.gov.mr/sites/default/files/2020-11/J.O.%201400F%20DU%2015.11.207.pdf
- https://web.archive.org/web/20231023233708/https://www.lexology.com/library/detail.aspx?g=baef72ee-10bd-4eb9-a614-a990c236bb45
- https://web.archive.org/web/20240421072327/https://www.kas.de/documents/265308/22468903/230406_DataProtectionLawsNorthernAfrica_KAS_Web.pdf/ac468c6d-3b82-44d8-bd7e-00ace3906a5b?version=1.0&t=168204241...
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MAURITANIA
N/A
Pillar Intermediary liability |
Indicator Safe harbour 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 Mauritania's law and jurisprudence.
Coverage Internet intermediaries
MAURITANIA
N/A
Pillar Intermediary liability |
Indicator Safe harbour 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 Mauritania's law and jurisprudence.
Coverage Internet intermediaries
MAURITANIA
Reported in 2021, last reported in 2024
Pillar Intermediary liability |
Indicator User identity requirement
Mandatory SIM card registration
It is reported that Mauritania 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
Sources
MAURITANIA
Since July 2012
Since March 1977, as amended in December 2015, entry into force in November 2020
Since March 1977, as amended in December 2015, entry into force in November 2020
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Law No. 2012-038 on to Literary and Artistic Property (Loi No. 2012-038 relative à la propriété littéraire et artistique)
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)
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)
Law No. 2012-038 provides a clear regime of copyright exceptions, which enables the lawful use of copyrighted work by others without obtaining permission (Arts. 30-52). The regime follows the fair use model. In addition, the Revised Bangui Agreement, which is a regional intellectual property law that is not only a regional convention applicable in all member states but also serves as a national intellectual property law in Mauritania and each of the other member states, contains provisions on copyright in Annex VII: Chapter IV (Limitations to Economic Rights). Although the Agreement establishes a set of copyright exceptions, these do not adhere to the fair use or fair dealing models.
Coverage Horizontal
MAURITANIA
Reported in 2018, last reported in 2024
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
It is reported that intellectual property rights (IPR) protection remains relatively nascent in Mauritania, with limited jurisprudence and institutional support for enforcement. Infringement and weak implementation are noted particularly in trademarks and in copyright and related rights, affecting goods such as books, audio-visual media, and mobile phones. While the government is pursuing reforms— including the creation of agencies for property certification and consumer protection to curb counterfeit trade—overall enforcement capacity remains limited.
Coverage Horizontal
MAURITANIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Mauritania has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
MAURITANIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Mauritania has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
MAURITANIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Mauritania does not have comprehensive trade secret legislation. Yet, there are provisions addressing disclosure, acquisition or use of confidential information in the course of industrial or commercial activities by third parties in Art. 6 of Annex VIII of the Bangui Agreement ratified by 17 French-speaking States, including Mauritania, since 2002. In addition, Art. 388 of Ordinance No. 83-162 of 9 July 1983, on the Establishment of the Criminal Code, punishes cases whereby trade secrets are revealed.
Coverage Horizontal
MAURITANIA
Since July 2013
Since December 2018
Since December 2018
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Law No. 2013/025 on Electronic Communications (Loi No. 2013/025 portant sur les Communications électroniques)
Decision No. 225/18/ARE/CNR/DTP of the National Regulatory Council Adopted Pursuant to Arts. 37 to 40 of the Law on Electronic Communications Concerning Infrastructure Sharing
(Décision No. 225/18/ARE/CNR/DTP du Conseil National de Régulation prise en application des Arts. 37 à 40 de la Loi sur les Communications électroniques relative au Partage d’Infrastructures)
Decision No. 225/18/ARE/CNR/DTP of the National Regulatory Council Adopted Pursuant to Arts. 37 to 40 of the Law on Electronic Communications Concerning Infrastructure Sharing
(Décision No. 225/18/ARE/CNR/DTP du Conseil National de Régulation prise en application des Arts. 37 à 40 de la Loi sur les Communications électroniques relative au Partage d’Infrastructures)
In Mauritania, telecommunications operators are required to share passive telecommunications infrastructure where this is necessary to ensure the provision of services to end users. Access must be granted on transparent and non-discriminatory terms, while dispute resolution and enforcement are handled by the sector regulator, the Autorité de Régulation (ARE). The obligation is grounded in Law No. 2013/025 on Electronic Communications, in particular Arts. 37–40, and in Decision No. 225/18/ARE/CNR/DTP of the National Regulatory Council, adopted pursuant to those provisions, which specifically regulates infrastructure sharing.
Coverage Telecommunications sector
MAURITANIA
Reported in 2018, last reported in 2023
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in telecom companies
The Government of Mauritania reportedly holds a 46% equity stake in Mauritel, a provider of mobile, internet, and enterprise communications services.
Coverage Telecommunications sector
MAURITANIA
Since July 2013
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Law No. 2013/025 on Electronic Communications (Loi No. 2013/025 portant sur les Communications électroniques)
Under Art. 41 of Law No. 2013/025 on Electronic Communications, the Autorité de Régulation (ARE) may periodically analyse markets to determine whether one or more operators possess significant market power (SMP). If an operator is designated as having SMP, the Authority may impose, as appropriate: (i) accounting separation for specified interconnection and/or access activities; and (ii) functional separation, requiring a vertically integrated operator to place wholesale access activities in an operationally separate entity that offers access products and services to all undertakings—including affiliates within the same group—on identical terms, conditions, prices, service levels, and using the same systems and processes.
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
