MOZAMBIQUE
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of independent telecom authority
Presence of independent telecom authority
It is reported that the Instituto Nacional das Comunicações de Moçambique (INCM), 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
MOZAMBIQUE
Since August 2019
Pillar Cross-border data policies |
Sub-pillar Ban to transfer and local processing requirement
Decree No. 66/2019 of 01 of August - Telecommunications Network Security Regulation
According to Art. 7 of the Telecommunications Network Security Regulation, personal data of the residents in Mozambican territory must be stored within the boundaries of national borders and governed by the jurisdiction of Mozambique. However, the network and public telecommunications service operator can store consumer data in the cloud, outside of the territorial space, provided it ensures that the personal data storage is subject to the national jurisdiction and it is made available to the authorities upon request.
Coverage Network and public telecommunications service operators
MOZAMBIQUE
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Mozambique has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
MOZAMBIQUE
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional and accounting separation for dominant network operators
It is reported that Mozambique does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
MOZAMBIQUE
Since December 2016
Pillar Telecom infrastructure and competition |
Sub-pillar Other restrictions to operate in the telecom market
Telecommunications Regulatory Fees Decree No. 68/2016
There are minimum capital to obtain a telecom licence under the Telecommunications Regulatory Fees Decree No. 68/2016. The limits, listed in Annex II are the following:
- 70 Millions Meticals for unified licenses (approx. USD 1,090,000);
- 56 Millions to 86.000 Meticals for telecommunications network (approx. USD 877,000 to USD 1,300);
- 11.25 Millions to 43.000 Meticals for telecommunications services (approx. USD 176,000 to USD 6,700);
- 34.000 to 113.000 Meticals for supply, installation and maintenance, import, distribution and sale of telecommunications equipment (approx. USD 530 to USD 1,790);
- 25.000 to 55.000 Meticals for numbering licenses (approx. USD 390 to USD 860).
- 70 Millions Meticals for unified licenses (approx. USD 1,090,000);
- 56 Millions to 86.000 Meticals for telecommunications network (approx. USD 877,000 to USD 1,300);
- 11.25 Millions to 43.000 Meticals for telecommunications services (approx. USD 176,000 to USD 6,700);
- 34.000 to 113.000 Meticals for supply, installation and maintenance, import, distribution and sale of telecommunications equipment (approx. USD 530 to USD 1,790);
- 25.000 to 55.000 Meticals for numbering licenses (approx. USD 390 to USD 860).
Coverage Telecommunications sector
MOZAMBIQUE
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
Tmcel - Moçambique Telecom SA is a state-owned enterprise, which was once the monopoly holder in the sector, but no longer leads the market. Vodacom, SA remains the operator holding the largest market share with 49% of subscribers.
Coverage Telecommunications sector
MOZAMBIQUE
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in Mozambique to deliver telecom services to end users. It is practiced in the mobile sector and in the fixed sector based on commercial agreements.
Coverage Telecommunications sector
MOZAMBIQUE
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
There is no comprehensive regulatory framework for trade secrets in Mozambique, but the Industrial Property Code covers general principles applicable to trade secrets. Art. 213 (3) considers it an offence of unlawful competition to remove, disclose or use confidential data or information relating to the production or use of certain products or processes or relating to the provision of services of a competitor, without their consent and in a manner which is contrary to honest commercial practices, provided that such information is secret, in the sense that it is not known or easily accessible to persons in circles that usually deal with the kind of information in question, either as a whole or in the specific configuration and assembly of its components; has a commercial value because it is secret; has been subject to reasonable precautions, taken by the person lawfully in control of the information, under the circumstances, to keep it secret.
Coverage Horizontal
MOZAMBIQUE
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Mozambique has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
MOZAMBIQUE
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Mozambique has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
MOZAMBIQUE
Since February 2001
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Law No. 4/2001 of 27 February - Copyright Act
Mozambique has a copyright regime under the Copyright Act. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 9-20 lists the exceptions, which include reproduction for private purposes; reproduction in the form of a quotation; use for educational purposes; among others.
Coverage Horizontal
MOZAMBIQUE
Since May 2000
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Mozambique is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
MOZAMBIQUE
Since January 2017
Since September 2020
Since September 2020
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Commercial presence requirement for digital services providers
Law No. 3/2017 of 09 January - Electronic Transactions Law
Regulation on the use of the domain "MZ" - Decree No. 82/2020 of 10 September
Regulation on the use of the domain "MZ" - Decree No. 82/2020 of 10 September
Under Art. 5 of the Electronic Transactions Law, the domain name regulation falls under the competence of the National Institute of Information and Communication Technologie - INTIC (Regulatory entity), which can grant the registration or assign this function to third parties (agents). According to Art. 8 the Decree No. 82/2020, only national entities providing internet DNS services, ICT service providers and foreign companies with a branch in Mozambique can be eligible and qualify as domain registration agents.
Coverage Domain names providers
MOZAMBIQUE
Since December 2015
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the application process for patents
Decree No. 47/2015 of 31 December - Industrial Property Code
Although foreign patents might be recognized or registered in Mozambique (upon the payment of a fee amounting to MZN 5,400, equivalent to USD 84), there is a requirement to have a local representative when applying for the registration. According to the Industrial Property Code, if the applicant is a resident (based or with registered offices in Mozambique), the application for registration may be filed directly with Intellectual Property Institute (IPI) with no need to appoint an Intellectual Property official agent. On the contrary, if the applicant is not domiciled or resident in Mozambique, he/she must be represented by a Mozambican Intellectual Property Agent.
Coverage Horizontal
MOZAMBIQUE
Since December 2016
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Telecommunications Regulatory Fees Decree No. 68/2016
There are minimum capital to obtain a telecom licence under the Telecommunications Regulatory Fees Decree No. 68/2016. The limits, listed in Annex II are the following:
- 70 Millions Meticals for unified licenses (approx. USD 1,090,000);
- 56 Millions to 86.000 Meticals for telecommunications network (approx. USD 877,000 to USD 1,300);
- 11.25 Millions to 43.000 Meticals for telecommunications services (approx. USD 176,000 to USD 6,700);
- 34.000 to 113.000 Meticals for supply, installation and maintenance, import, distribution and sale of telecommunications equipment (approx. USD 530 to USD 1,790);
- 25.000 to 55.000 Meticals for numbering licenses (approx. USD 390 to USD 860).
- 70 Millions Meticals for unified licenses (approx. USD 1,090,000);
- 56 Millions to 86.000 Meticals for telecommunications network (approx. USD 877,000 to USD 1,300);
- 11.25 Millions to 43.000 Meticals for telecommunications services (approx. USD 176,000 to USD 6,700);
- 34.000 to 113.000 Meticals for supply, installation and maintenance, import, distribution and sale of telecommunications equipment (approx. USD 530 to USD 1,790);
- 25.000 to 55.000 Meticals for numbering licenses (approx. USD 390 to USD 860).
Coverage Telecommunications sector