RWANDA
Since February 2021, last amended in March 2023
Pillar Cross-border data policies |
Indicator Local storage requirement
Law No. 007/2021 of 05/02/2021 Governing Companies
Art. 111 of "Law No. 007/2021 of 05/02/2021 Governing Companies" mandates that companies maintain specific records at their registered office or at any other location within Rwanda, for a minimum period of ten years from the end of the financial year to which the records pertain. The company is required to retain the following documents: its incorporation instruments; the register of shares and debentures; the index of shareholders; accounting records along with supporting documentation; a register of directors' interests; minutes of all general meetings and shareholders’ resolutions; minutes of all meetings and resolutions of directors and board committees; certificates issued by directors in accordance with this Law; copies of all annual financial statements, auditors’ reports, and directors’ reports; the internal register of beneficial owners; and copies of all written communications distributed to shareholders or to all holders of a particular class of shares, including annual reports.
Law No. 007/2021 repealed the law of the same title enacted in 2018, which contained a comparable provision to the one referenced above, albeit under Art. 114.
Law No. 007/2021 repealed the law of the same title enacted in 2018, which contained a comparable provision to the one referenced above, albeit under Art. 114.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250405155644/https://rdb.rw/notary/COMPANY-ACT-2021.pdf
- https://web.archive.org/web/20231010192131/https://org.rdb.rw/wp-content/uploads/2023/04/Law-amending-Company-Law-55-107.pdf
- https://web.archive.org/web/20250421230717/https://businessprocedures.rdb.rw/media/Company%20act%202018.pdf
- https://web.archive.org/web/20250421222237/https://www.oecd.org/content/dam/oecd/en/publications/reports/2024/11/global-forum-on-transparency-and-exchange-of-information-for-tax-purposes-rwanda-2024-s...
- https://web.archive.org/web/20250421222338/https://abayo.law/wp-content/uploads/2023/07/THE-CHANGES-INTRODUCED-BY-THE-NEWLY-PUBLISHED-2023-LAW-GOVERNING-COMPANIES-IN-RWANDA.pdf
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RWANDA
Since March 2012
Pillar Cross-border data policies |
Indicator Infrastructure requirement
Ministerial Instructions No. 001/MINICT/2012 of 12/03/2012 Related to the Procurement of Information and Communications Technology Goods and Services by Rwanda Public Institutions
Art. 17 of the "Ministerial Instructions No. 001/MINICT/2012 of 12/03/2012 Related to the Procurement of Information and Communications Technology Goods and Services by Rwanda Public Institutions" stipulates that all government information technology systems and applications which process, store, or provide access to critical government data and information must be hosted within the National Data Centre (NDC). In addition, Art. 18 provides that, in instances where government institutions host applications in their own data centres or server rooms, they are required to obtain disaster recovery (backup) services from the NDC.
Coverage Public sector
Sources
- https://web.archive.org/web/20250421205215/https://commons.laws.africa/akn/rw/act/min/2012/1/media/publication/rw-act-min-2012-1-publication-document.pdf
- https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID4846815_code490428.pdf?abstractid=4846815&mirid=1
- https://web.archive.org/web/20241212131707/https://statistics.gov.rw/file/5410/download?token=r0nXaTAv
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RWANDA
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
Rwanda has not joined any free trade agreement committing to open transfers of cross-border data flows.
Coverage Horizontal
RWANDA
Since July 2024
Since September 2020
Since September 2020
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Law No. 055/2024 on the Protection of Intellectual Property
Guidelines for Intellectual Property Registration - Published by the Office of the Registrar General Intellectual Property Division, Rwanda development Board, Year 2020
Guidelines for Intellectual Property Registration - Published by the Office of the Registrar General Intellectual Property Division, Rwanda development Board, Year 2020
Law No. 055/2024 on the Protection of Intellectual Property establishes a clear framework for copyright exceptions, following the fair use model. This allows the lawful use of copyrighted works by others without the need for permission. Arts. 291–304 of the law detail these exceptions, which include, among others, private reproduction, temporary reproduction, quotation, reproduction by libraries, use for judicial purposes, importation for personal use, and reproduction for individuals with visual or other disabilities. Additionally, Section 4.7 of the Guidelines for Intellectual Property Registration underscores that the fair use doctrine permits the use of limited portions of a work—such as quotes—for purposes like commentary, criticism, news reporting, and scholarly research. This provision enables the use of protected works for educational, critical, and journalistic purposes without requiring consent from the rights holder. Prior to the enactment of Law No. 055/2024, the Guidelines for Intellectual Property Registration complemented Law No. 31/2009 on the Protection of Intellectual Property, particularly Arts. 203–215, which outlined limitations on economic rights, including a comprehensive list of copyright limitations and exceptions.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240929002514/https://wipolex-resources-eu-central-1-358922420655.s3.amazonaws.com/edocs/lexdocs/laws/en/rw/rw038en_1.pdf
- https://web.archive.org/web/20220108104524/https://org.rdb.rw/wp-content/uploads/2020/09/Guidelines-for-intelectual-property-registration_compressed.pdf
RWANDA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Rwanda has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
RWANDA
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
Rwanda has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
RWANDA
Since July 2024
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Law No. 055/2024 on the Protection of Intellectual Property
Law No. 055/2024 on the Protection of Intellectual Property provides a framework for the effective protection of trade secrets. According to Art. 276, any act or practice, in the course of industrial or commercial activities, that results in the disclosure, acquisition, or use by others of secret information without the consent of the rightful holder and in a manner contrary to honest commercial practices constitutes an act of unfair competition. Under Art. 277 of the Law, an intellectual property owner harmed, or likely to be harmed, by an act of unfair competition has the right to initiate civil proceedings before the competent court or to request the cessation of such an act where, through an act contrary to honest industrial and commercial use, a manufacturer, trader, producer, or craftsman damages his or her credibility, takes away his or her customers, or harms his or her capacity for competition. Furthermore, as specified in Art. 380, any person who performs an act of unfair competition with respect to intellectual property commits an offence. Upon conviction, he or she is liable to a fine of not less than FRW 7,000,000 (approx. USD 5,300) but not more than FRW 10,000,000 (approx. USD 7,600).
Coverage Horizontal
RWANDA
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)
5.28%
Coverage rate of zero-tariffs on ICT goods (%)
57.14%
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
RWANDA
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)
Rwanda 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
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RWANDA
Since November 2022
Since October 2023
Since October 2023
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Law No. 031/2022 of 21/11/2022 governing public procurement
Ministerial Order No. 001/23/10/ TC of 10/10/2023 establishing regulations governing public procurement
Ministerial Order No. 001/23/10/ TC of 10/10/2023 establishing regulations governing public procurement
According to Art. 73 of Law No. 031/2022, the procuring entity, through competition, gives preference to:
- Supplies or goods produced or manufactured in Rwanda;
- Consultancy and non-consultancy service providers registered as a domestic legal entity when procuring consultancy and non-consultancy services;
- A legal entity registered in Rwanda as a domestic legal entity when procuring for works; and
- An individual consultant operating in consultancy services.
Ministerial Order No. 001/23/10/TC determines the modalities for applying these preferences. According to Art. 62 of the Order, through competition, all procuring entities shall give exclusive preference to:
(i) Goods or supplies manufactured in Rwanda, when procuring goods or supplies with a value not exceeding FRW 200,000,000 (approx. USD 160,000); and
(ii) Service providers registered in Rwanda as domestic companies, for at least six months, when procuring non-consultancy services and consultancy services with a value not exceeding FRW 100,000,000 (approx. USD 80,000).
- Supplies or goods produced or manufactured in Rwanda;
- Consultancy and non-consultancy service providers registered as a domestic legal entity when procuring consultancy and non-consultancy services;
- A legal entity registered in Rwanda as a domestic legal entity when procuring for works; and
- An individual consultant operating in consultancy services.
Ministerial Order No. 001/23/10/TC determines the modalities for applying these preferences. According to Art. 62 of the Order, through competition, all procuring entities shall give exclusive preference to:
(i) Goods or supplies manufactured in Rwanda, when procuring goods or supplies with a value not exceeding FRW 200,000,000 (approx. USD 160,000); and
(ii) Service providers registered in Rwanda as domestic companies, for at least six months, when procuring non-consultancy services and consultancy services with a value not exceeding FRW 100,000,000 (approx. USD 80,000).
Coverage Horizontal
Sources
- https://web.archive.org/web/20240707084838/https://www.rppa.gov.rw/index.php?eID=dumpFile&t=f&f=57729&token=f5b5293da95bb834bf6cc3f6376421b46aee8a3d
- https://web.archive.org/web/20250603071107/http://archive.gazettes.africa/archive/rw/2023/rw-government-gazette-dated-2023-10-10-no-Special.pdf
- https://www.rppa.gov.rw/1/promotion-of-local-products-for-sustainable-development-in-public-procurement
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RWANDA
Since November 2022
Since October 2023
Since October 2023
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Law No. 031/2022 of 21/11/2022 governing public procurement
Ministerial Order No. 001/23/10/ TC of 10/10/2023 establishing regulations governing public procurement
Ministerial Order No. 001/23/10/ TC of 10/10/2023 establishing regulations governing public procurement
According to Art. 73 of Law No. 031/2022, the procuring entity, through competition, gives preference to:
- Supplies or goods produced or manufactured in Rwanda;
- Consultancy and non-consultancy service providers registered as a domestic legal entity when procuring consultancy and non-consultancy services;
- A legal entity registered in Rwanda as a domestic legal entity when procuring for works; and
- An individual consultant operating in consultancy services.
Ministerial Order No. 001/23/10/TC determines the modalities for applying these preferences. According to Art. 63 of the Order, price preference is used during the financial evaluation stage of bids for international or national tenders, in accordance with the following rules:
(i) A 15% local preference is granted to locally manufactured goods or supplies. When a bid includes both locally manufactured and imported goods or supplies, the preference applies only to the locally manufactured portion.
(ii) A 15% local preference is granted to companies registered in Rwanda as domestic companies for at least six months, when procuring consultancy and non-consultancy services.
Additionally, local preference is granted to joint ventures between a domestic and a foreign company, provided the domestic company fulfils at least 30% of the technical and financial requirements. However, this preference does not apply to tenders for consultancy services.
- Supplies or goods produced or manufactured in Rwanda;
- Consultancy and non-consultancy service providers registered as a domestic legal entity when procuring consultancy and non-consultancy services;
- A legal entity registered in Rwanda as a domestic legal entity when procuring for works; and
- An individual consultant operating in consultancy services.
Ministerial Order No. 001/23/10/TC determines the modalities for applying these preferences. According to Art. 63 of the Order, price preference is used during the financial evaluation stage of bids for international or national tenders, in accordance with the following rules:
(i) A 15% local preference is granted to locally manufactured goods or supplies. When a bid includes both locally manufactured and imported goods or supplies, the preference applies only to the locally manufactured portion.
(ii) A 15% local preference is granted to companies registered in Rwanda as domestic companies for at least six months, when procuring consultancy and non-consultancy services.
Additionally, local preference is granted to joint ventures between a domestic and a foreign company, provided the domestic company fulfils at least 30% of the technical and financial requirements. However, this preference does not apply to tenders for consultancy services.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240707084838/https://www.rppa.gov.rw/index.php?eID=dumpFile&t=f&f=57729&token=f5b5293da95bb834bf6cc3f6376421b46aee8a3d
- https://web.archive.org/web/20250603071107/http://archive.gazettes.africa/archive/rw/2023/rw-government-gazette-dated-2023-10-10-no-Special.pdf
- https://www.rppa.gov.rw/1/promotion-of-local-products-for-sustainable-development-in-public-procurement
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RWANDA
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)
Rwanda is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
RWANDA
Since February 2021
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Law No. 006/2021 of 05/02/2021 on Investment Promotion and Facilitation
There is no restriction on foreign ownership. According to Art. 9 of the Investment Promotion and Facilitation Law, foreign investors are allowed to invest and purchase shares in an investment entity in Rwanda and receive the same treatment as Rwandan investors in terms of investment incentives and facilitation.
In this regard, Rwanda has neither statutory limits on foreign ownership or control nor any official economic or industrial strategy that discriminates against foreign investors. Local and foreign investors have the right to own and establish business enterprises in all forms of remunerative activity.
In this regard, Rwanda has neither statutory limits on foreign ownership or control nor any official economic or industrial strategy that discriminates against foreign investors. Local and foreign investors have the right to own and establish business enterprises in all forms of remunerative activity.
Coverage Horizontal
RWANDA
Since February 2021
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Nationality/residency requirement for directors or managers
Law No. 007/2021 of 05/02/2021 Governing Companies
According to Art. 6 of Law No. 007/2021 of 05/02/2021 Governing Companies, a company must have at least one director who resides in Rwanda.
Coverage Horizontal
RWANDA
Since February 2021
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Law No. 006/2021 of 05/02/2021 on Investment Promotion and Facilitation
Under Art. 17 of the Law on Investment Promotion and Facilitation, commercial entities seeking to invest in Rwanda are required to submit an investment registry application to the Investment Board. The application must include several key documents, including a completed registration form, a certificate of incorporation, and a comprehensive business plan. The business plan must detail the project’s name, an action plan, the projected commencement date, the sourcing of raw materials, the financing or assets to be obtained from abroad, a market survey, plans for technology and knowledge transfer, and five-year income projections. Additionally, the application must include an environmental impact assessment certificate, projected employment numbers and categories, proof of payment of a non-refundable registration fee, and a license from the relevant business sector in which the investor intends to operate. The Investment Board reviews the application, and if any documents are missing, the application will be rejected, with written reasons for rejection provided within two working days. If the application is complete and meets the necessary requirements, the Board will issue an "investment certificate," which is valid for five years.
Coverage Horizontal
