NIGERIA
Since June 2007
Since December 2007
Since December 2007
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Public Procurement Act, 2007
Public Procurement Regulations for goods and works (2007)
Public Procurement Regulations for goods and works (2007)
According to Public Procurement Act, 2007 (Section 34-3), there are margins of preference which apply only to tenders under international competitive bidding. There is a local content margin of preference, which varies from project to project, and it can go up to 15%. In addition, Nigeria offers a preference to majority Nigerian-owned companies as long as their price is within 15% of a majority foreign-owned company. Moreover, Section 106 of the Public Procurement Regulations for goods and works (2007) states that "in the case of International Competitive Bidding (ICB), when comparing bids from foreign contractors or suppliers with national bidders, procuring entities may grant a margin of preference to domestic contractors, and suppliers for goods manufactured in Nigeria. The Bureau of Public Procurement (BPP) will from time to time set the margins of preference to be granted. Bid documents may provide a domestic preference of 15% of the delivered price for goods and 7.5% for works".
Coverage Horizontal
NIGERIA
Reported in 2021
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Exclusion of foreign firms in certain circumstances
It is reported that Nigeria only requires government entities to engage in competitive bidding for any procurement worth more than ₦2.5 million (approx. USD 6,500), while only majority Nigerian-owned companies may bid on procurements between ₦2.5 million (approx. USD 6,500) and ₦100 million (approx. USD 260,000) for goods and up to ₦1 billion (approx. USD 2.6 million) for services and works. Above those thresholds, both majority foreign-owned and majority Nigerian-owned companies may engage in competitive bidding. However, such requirement is not found in regulatory texts.
Coverage Horizontal
NIGERIA
Since February 2018
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Executive Order 5/2018 "On indigenous professionals in science, engineering and Technology"
In February 2018, Executive Order 5 added restrictions and obligations for public procurement related to science, engineering, and technology. The order provides restrictions in the following situations: where expertise is lacking in the country, the procuring entities shall give preference to foreign companies or firms with demonstrable and verifiable plans for indigenous capacity development, prior to the award of such contracts; ministries, departments and agencies shall engage an indigenous professional in the planning, design, and execution of national security projects and considerations shall be given to a foreign professional, where it is certified by the appropriate authority that such expertise is not available in Nigeria.
Coverage Horizontal
NIGERIA
Since December 2013, last amended in August 2019
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Guidelines for Nigerian Content Development in Information and Communication Technology (ICT), 2019
The National Information Technology Development Agency (NITDA) under the supervision of the Federal Ministry of Communications and Digital Economy in line with its enabling law (NITDA Act, 2007) issued the the Guidelines for Nigeria Content in ICT in 2013. The guidelines apply to state entities as well as private enterprises and individuals. One of the requirements in Section 10.4 (1-2) is that Ministries and other government entities source and procure software from only local and indigenous software development companies. If the capacity for developing such software does not exist locally, a Nigerian company should provide the procurement, installation, and support of the software.
Coverage ICT software
NIGERIA
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)
Nigeria is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
NIGERIA
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)
11.11%
Coverage rate of zero-tariffs on ICT goods (%)
1.42%
Coverage: Digital goods
NIGER
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Niger has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
NIGER
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Niger has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
NIGER
Since May 2015
Since October 2019
Since October 2019
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Law No. 2015-24 of 11 May 2015 determining the fundamental principles of consumer protection in the Republic of Niger (Loi N° 2015-24 du 11 Mai 2015 déterminant les principes fondamentaux de la protection des consommateurs en République du Niger)
Law No. 2019-50 of 30 october 2019 determining consumer protection offences and penalties (Loi N° 2019-50 du 30 octobre déterminant les infractions et leurs sanctions en matière de protection des consommateurs)
Law No. 2019-50 of 30 october 2019 determining consumer protection offences and penalties (Loi N° 2019-50 du 30 octobre déterminant les infractions et leurs sanctions en matière de protection des consommateurs)
Law No. 2015-24 and Law No. 2019-50 provide a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal
Sources
- https://unctad.org/page/cyberlaw-tracker-country-detail?country=ne
- https://www.presidence.ne/conseils-des-ministres/2019/9/10/qnhmroke1vs6i92769sh04bmlbdwsu
- https://www.africa-laws.org/Niger/Consumer%20Law/Loi_n_2019_50_d%C3%A9terminant_les_infractions_et_leurs_sanctions_en_mati%C3%A8re_de_protection_des_consommateurs.pdf
- Show more...
NIGER
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
Niger has not signed the United Nations (UN) Convention on the Use of Electronic Communications.
Coverage Horizontal
NIGER
Reported in 2021
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Niger does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal
NIGER
Since July 2018
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Self-certification for product safety
Law No. 2018‐45 of 12 July 2018 regulating electronic communications in Niger (Loi N° 2018-45 du 12 juillet 2018 sur les communications électroniques au Niger)
According to Art. 33 of the Law No. 2018-45, equipment intended to be connected to an electronic communications network open to the public and radio equipment must be assessed for conformity with the essential requirements by the regulatory authority. For this purpose, documents and information are normally required to demonstrate the conformity of such equipment.
Testing may be required:
- if the type approval certificate of the country of origin, or any other document replacing it, does not correspond to the equipment;
- if it is not clear from the documents submitted that the equipment complies with the essential requirements;
- if there is reason to believe that the equipment does not meet the essential requirements.
Testing may be required:
- if the type approval certificate of the country of origin, or any other document replacing it, does not correspond to the equipment;
- if it is not clear from the documents submitted that the equipment complies with the essential requirements;
- if there is reason to believe that the equipment does not meet the essential requirements.
Coverage Telecommunications sector
NIGER
Since December 2002
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Self-certification for product safety
Law No. 2002-028 of 31 December 2002 establishing standardization, certification and accreditation in Niger (Loi No. 2002-028 du 31 décembre 2002 instituant la normalisation, la certification et l'accréditation au Niger)
According to Art. 8 of Law No. 2002-028, the use of Nigerien standards is encouraged but not compulsory. It may be made compulsory by a joint order of the Minister responsible for standardisation and the Minister responsible for the activity concerned. The procedure for certification by a third party or by the national certification body is not necessary and self-certification is allowed.
According to Arts. 2, 3 and 14, third-party certification from Conformity Assessment Bodies (CABs) that are recognised (or approved) by the regulator are accepted. However, certification from CABs is not always mandatory.
According to Arts. 2, 3 and 14, third-party certification from Conformity Assessment Bodies (CABs) that are recognised (or approved) by the regulator are accepted. However, certification from CABs is not always mandatory.
Coverage Horizontal
NIGER
Since December 2002
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Open and transparent standard-setting process
Law No. 2002-028 of 31 December 2002 establishing standardization, certification and accreditation in Niger (Loi No. 2002-028 du 31 décembre 2002 instituant la normalisation, la certification et l'accréditation au Niger)
Niger has a national structure responsible for developing standards, called the Nigerien Standardization of Metrology and Certification Agency. According to Art. 2.1, foreign companies are not authorized to be members of this standardization organizations. However, upon request from economic partners or if necessary, technical standardization committees are created (Art. 3). The foreign companies can express their opinion in this technical committee.
Coverage Horizontal
NIGER
Reported in 2022
Pillar Content access |
Sub-pillar Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "6.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 3 in Niger. This corresponds to "Rarely but there have been a few occasions throughout the year when the government shut down domestic access to Internet."
Coverage Horizontal