SENEGAL
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)
Senegal is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal
SENEGAL
September 2010, last amended in December 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Decree No. 2022-2295 of 28 December 2022 on the Public Procurement Code (Décret No. 2022-2295 du 28 décembre 2022 portant Code des marchés publics)
According to Art. 50 of Decree No. 2022-2295, for contracts awarded on the basis of an international call for tenders, preference is given to candidates governed by Senegalese law or West African Economic and Monetary Union (WAEMU) member countries, and to candidates whose bids include only products of Senegalese origin or from WAEMU member countries, over candidates governed by non-Community law, provided that their bids are not more than 15% higher than those of the lowest bidder.
Coverage Horizontal
SENEGAL
September 2010, last amended in December 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Decree No. 2022-2295 of 28 December 2022 on the Public Procurement Code (Décret No. 2022-2295 du 28 décembre 2022 portant Code des marchés publics)
In accordance with Art. 52 of the Public Procurement Code, participation in public contracts is reserved for Senegalese and community companies that are regularly licensed (or exempted from licensing) and are registered in the trade register. An exception to this rule is made when the contracts concerned cannot be performed by Senegalese or community companies, when the financial scale of the contract or its technical complexity makes it impossible to guarantee transparent competition due to the low level of local competition. In these two cases, foreign companies may bid for public contracts in Senegal. This restriction is found in Art. 52 of all decrees on the Public Procurement Code since September 2010, with the exceptions being added and modified subsequently.
Coverage Horizontal
SENEGAL
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)
Senegal is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
SENEGAL
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)
9.72%
Coverage rate of zero-tariffs on ICT goods (%)
3.53%
Coverage: Digital goods
RWANDA
Since 2010
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Rwanda has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
RWANDA
Since 2010
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
UNCITRAL Model Law on Electronic Signatures
Rwanda has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
RWANDA
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
Rwanda has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
RWANDA
Since September 2012
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Law No. 36/2012 on Competition and Consumer Protection
Law Nº36/2012 on Competition and Consumer Protection, provides a comprehensive consumer protection framework that applies to online transactions. The Law is in place to promote fair competition, providing consumers access to products and services at competitive prices and better quality and to create an environment, that is conducive to investment.
Coverage Horizontal
RWANDA
Reported in 2021
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 120, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
RWANDA
Since December 2016
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
Regulation No. 08/2016 of 01/12/2016 Governing Electronic Money Issuers
Art. 28 of the Regulations governing Electronic Money Users notes that every e-money account shall have a maximum balance limit and daily and monthly transaction limits for domestic and international fund transfers. According to Appendix I of the law, Maximum Transaction limits (Individual customer TIER I) are 500.000 FRW (450 USD approx) for daily transfer or single transaction, and 1.000.000 FRW (895 USD approx) for a monthly balance. TIER I includes customers electronically registered on their institution or e-KYC. According to Art. 2, KYC means rules related to AML/CFT which require e-money issuers or its agents to carry out procedures to identify a customer.
Coverage Online payments
RWANDA
Since May 2020
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Self-certification for product safety
Regulation No. 011/R/STD-ICT/RURA/020 of 29/05/2020 Governing Importation, Supply and Type Approval for Electronic Communication Equipment
In Rwanda, a Simplified Type Approval Regime is issued following a third-party certification from Conformity Assessment Bodies recognized by the Regulatory Authority, as such there is recognition of test reports and certificates.
Under Art. 17 of the Regulation No. 011/R/STD-ICT/RURA/020 of 29/05/2020 Governing Importation, Supply and Type Approval for Electronic Communication Equipment, the Electronic Communications Equipment (ECE) that possesses the appropriate Certificate of Compliance from either a National Regulatory Authority or a Conformity Assessment Body recognized by the Regulatory Authority confirming compliance with the required standards may be eligible for Simplified Type Approval Regime.
Additionally, under Art. 35, any test report from an Accredited Testing Laboratory is only accepted by the Regulatory Authority if it is in compliance with ISO/IEC 17025 and or certified by an Accreditation Body which is a member of ILAC.
Under Art. 17 of the Regulation No. 011/R/STD-ICT/RURA/020 of 29/05/2020 Governing Importation, Supply and Type Approval for Electronic Communication Equipment, the Electronic Communications Equipment (ECE) that possesses the appropriate Certificate of Compliance from either a National Regulatory Authority or a Conformity Assessment Body recognized by the Regulatory Authority confirming compliance with the required standards may be eligible for Simplified Type Approval Regime.
Additionally, under Art. 35, any test report from an Accredited Testing Laboratory is only accepted by the Regulatory Authority if it is in compliance with ISO/IEC 17025 and or certified by an Accreditation Body which is a member of ILAC.
Coverage Electronic products
RWANDA
Reported in 2021
Pillar Quantitative trade restrictions for ICT goods, products and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Lack of transparency in import procedures
It is reported that local customs officials have attempted to charge importers duties based on their perception of the value of an import, regardless of the actual purchase price. This can limit the volume of ICT goods that can be imported.
Coverage Horizontal
RWANDA
Since May 2020
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Regulation No. 012/R/MRCER/RURA/020 of 29/05/2020 Governing Licensing of Multimedia Services Provision in Rwanda
The Regulations Governing Licensing of Multimedia Services Provision imposes licensing schemes for online newspaper, Internet radio services, Internet TV services, VoD services, IPTV, Mobile TV services and other related multimedia services.
Coverage Online newspaper, Internet radio services, Internet TV services, VoD services, IPTV, Mobile TV services and other related multimedia services
RWANDA
Since June 2016
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Law No. 24/2016 of 18/06/2016 Governing Information Communication and Technologies
Art. 40 of the Law Governing Information Communication and Technologies outlines four categories of electronic communications services subject to licensing. Some of the categories are broadly defined as to cover services that may not apply to broadcast or broadband spectrums, hence this requires virtually any Internet providers or any associated business to apply for licenses, including news providers.
The four categories are the following:
- Network infrastructure licensees that provide network infrastructure to companies operating electronic communications networks to supply primary services and ensure the supply of broadband communications networks;
- Network service licensees that provide services to users of electronic communications networks;
- Application service licensees that provide services that draw from networks and services by holders of network service licenses to perform specific functions such as sound-related services, electronic data storage, internet access services, and other information transfer services;
- Content service licensees that provide information through communications networks, including satellite television, signal transmission by radio earth stations, online information access services, and other possible electronic communications.
The four categories are the following:
- Network infrastructure licensees that provide network infrastructure to companies operating electronic communications networks to supply primary services and ensure the supply of broadband communications networks;
- Network service licensees that provide services to users of electronic communications networks;
- Application service licensees that provide services that draw from networks and services by holders of network service licenses to perform specific functions such as sound-related services, electronic data storage, internet access services, and other information transfer services;
- Content service licensees that provide information through communications networks, including satellite television, signal transmission by radio earth stations, online information access services, and other possible electronic communications.
Coverage Digital content providers and applications