MALI
Since July 2009
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The Telecommunications Company of Mali (SOTELMA), or Sotelma-Malitel, has been privatised. It operates under the brand Moov Africa Malitel, whose services are landline, mobile, Internet and electronic money (Mobicash). The supplier (Maroc Telecom Group) holds 51% and the Malian State (49%) of participation.
Coverage Telecommunications sector
MALI
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
It is reported that Mali mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
MALI
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
Mali has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
MALI
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Malian Authority for the Regulation of Telecommunications and Posts (AMRTP), 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
MALI
Since May 2013, last amended in December 2017
Pillar Cross-border data policies |
Indicator Conditional flow regime
Law No. 2013/015 of 21 May 2013 on the Protection of Personal Data in the Republic of Mali (Loi No. 2013-015 du 21 mai 2013 portant protection des données à caractère personnel en république du Mali)
According to Art. 11 of Law No. 2013-015, Mali authorises the transfer of personal data to a foreign State when:
- The receiving State ensures a sufficient level of protection of individuals, indicated by the Authority in charge of the protection of personal data, due to its domestic legislation or commitments made at the international level and that these measures are effectively implemented.
- By decision of the Authority in charge of the protection of personal data, when the transfer and processing by the recipient of the personal data ensures a sufficient level of protection of privacy, as well as of the fundamental rights and freedoms of individuals, in particular, due to the contractual clauses or internal rules to which it is subject.
- The receiving State ensures a sufficient level of protection of individuals, indicated by the Authority in charge of the protection of personal data, due to its domestic legislation or commitments made at the international level and that these measures are effectively implemented.
- By decision of the Authority in charge of the protection of personal data, when the transfer and processing by the recipient of the personal data ensures a sufficient level of protection of privacy, as well as of the fundamental rights and freedoms of individuals, in particular, due to the contractual clauses or internal rules to which it is subject.
Coverage Horizontal
MALI
N/A
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements committing to open cross-border data flow transfers
Mali has not joined any free trade agreement committing to open cross-border data flow transfers.
Coverage Horizontal
MALI
Since May 2013, last amended in December 2017
Pillar Domestic data policies |
Indicator Framework for data protection
Law No. 2013/015 of 21 May 2013 on the Protection of Personal Data in the Republic of Mali (Loi No. 2013-015 du 21 mai 2013 portant protection des données à caractère personnel en république du Mali)
Law No. 2013/015 provides a comprehensive regime of data protection in Mali. The Law addresses matters such as data subject rights, data transfers, legal bases for processing, and the establishment of the Malian Data Protection Authority (APDP).
Coverage Horizontal
MALI
Since March 1977, as amended in December 2015, entry into force in November 2020
Since June 2017
Since June 2017
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
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. 2017-012 of 01 June 2017, Laying Down the Regime of Literary and Artistic Property in the Republic of Mali (Loi No. 2017-012 du 01 juin 2017 fixant le régime de la propriété littéraire et artistique en République du Mali)
Law No. 2017-012 of 01 June 2017, Laying Down the Regime of Literary and Artistic Property in the Republic of Mali (Loi No. 2017-012 du 01 juin 2017 fixant le régime de la propriété littéraire et artistique en République du Mali)
The Revised Bangui Agreement 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 Mali and each of the other member states. The Revised Bangui Agreement contains provisions on copyright in Annex VII: Chapter IV (Limitations to Economic Rights) and establishes a regime of copyright exceptions. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. In addition, Chapter IV of Title I of Law No. 2017-012 also provides for limitations on copyrights.
Coverage Horizontal
MALI
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)
9.57%
Coverage rate of zero-tariffs on ICT goods (%)
5.54%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
MALI
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)
Mali is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
- Show more...
MALI
Since September 2015
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Decree No. 2015‐604/P‐RM of September 25, 2015 on the Code of Public Procurement and Public Service Delegations (Décret No. 2015‐604/P‐RM du 25 septembre 2015 portant Code des marchés publics et des délégations de service public)
According to Art. 76 of Decree No. 2015-604/P-RM, a preference shall be given to the tender submitted by a community company. A community company is defined as a company whose head office is located in a member state of the West African Economic and Monetary Union (WAEMU). This preference must be quantified in the form of a percentage of the bid amount up to 15%. The terms and conditions of the application of community preference, particularly with regard to the types of acquisition concerned and their beneficiaries, are determined by the WAEMU Commission.
Coverage Horizontal
MALI
Since May 2018
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Decree No. 2018-0473/PM-RM of May 28, 2018 adopting measures orientation of public ordering towards small and medium-sized companies and national production (Décret No. 2018-0473/PM-RM du 28 mai 2018 portant adoption de mesures d'Orientation de la Commande Publique vers les Petites et Moyennes Entreprises et la Production Nationale)
Art. 5.2 of Decree No. 2018-0473/PM-RM provides that in the case of a contract awarded by a decentralised authority or one of its public establishments, a contract applicant who plans to subcontract at least 30% of the overall value of the contract to a Malian company, a Malian artisan or a Malian artisanal company, may benefit from a margin of preference not exceeding 5%, which may be added to the Community's right of preference under public procurement regulations. Also, the Decree states that the contracting authorities must ensure that a proportion of public contracts are subject to competition between Small and Medium-sized Enterprises (Art. 5.4). On the other hand, according to Art. 11.1, a margin of preference of 25% is granted to products of Malian origin and/or to companies under Malian law whose capital is majority-owned by nationals for all types of contracts whose amounts do not reach the thresholds of public procurement. Furthermore, according to Art. 11.3, without prejudice to the provisions relating to national preference, when awarding a public contract or a public service delegation, a preference of 5% is given to the bid submitted by a craftsman or craft company with a fixed base or permanent establishment in Mali. This artisanal preference rate is cumulative, with a national preference rate of 15%, as referred to in Art. 11.1.
Coverage Horizontal
MALI
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)
Mali is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
MALI
Since February 2012
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Law No. 2012-016 of 27 February 2012 on the Investment Code (Loi No. 2012-16 du 27 février 2012 portant Code des Investissements)
Art. 6 of Law No. 2012-016 provides that foreign investors receive the same treatment as investors of Malian nationality subject to provisions contrary to the laws or treaties and agreements concluded by the Republic of Mali with the States of which they are nationals. They may freely any share of equity of the company they plan to create, subject to the provisions applicable to the sectors of activity which are subject to specific regulations.
Coverage Horizontal
