SOUTH SUDAN
Since June 2012
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
National Communication Act, 2012
Sections 28-30 of the National Communication Act restrict the use, import or trade of any communication equipment or materials except under a licence issued by the Authority.
Coverage Communication equipment
SOUTH SUDAN
Reported in 2022
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Self-certification for product safety
Supplier Declaration of Conformity not allowed for foreign businesses
It is reported that all products imported into South Sudan, including electrical and electronic goods, are subject to the Pre-Export Verification to Conformity (PVoC) program and must be accompanied by a Certificate of Conformity (CoC), which is a mandatory clearance document for each consignment. The program covers all products being imported into South Sudan with a value above USD 2,000 and applies to all countries. The objective of the program is to verify conformity to South Sudan standards or other approved standards and technical regulations.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220705044242/https://www.sgs.com/en/news/2022/06/understanding-south-sudan-s-new-pre-export-verification-of-conformity-pvoc-program
- https://web.archive.org/web/20220929163521/https://www.sgs.com/en/services/south-sudan-product-conformity-assessment-pca
- https://web.archive.org/web/20231215160419/https://www.wto.org/english/thewto_e/acc_e/ssd_e/wtaccssd6_leg_30.pdf
- https://ib-lenhardt.com/type-approval/south-sudan
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SOUTH SUDAN
Since February 2012
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
The Companies Act, 2012
Section 323.4 of the Companies Act stipulates that small companies shall be exclusively owned by South Sudanese nationals. According to Section 323.3, a company qualifies as a small-sized private company if its turnover for the preceding accounting period is below a threshold specified by the government, it employs no more than seven individuals, and its share capital does not exceed an amount prescribed by the government. Furthermore, Section 323.5 mandates that financially capable South Sudanese nationals must hold a minimum of 31% of the shares in medium and large private companies. Section 323.6 defines a medium or large private company as one with share capital not less than an amount prescribed by the government. These regulatory restrictions reportedly extend to sectors pertinent to digital trade, including telecommunications, internet services, and computer-related services.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250109154524/https://mofaic.gov.ss/wp-content/uploads/2023/03/Companies-Act-2012.pdf
- https://web.archive.org/web/20250109154622/https://imanidevelopment.com/wp-content/uploads/2017/03/Legal-and-Economic-Assessment-South-Sudan.pdf
- https://web.archive.org/web/20250109154953/https://2009-2017.state.gov/e/eb/rls/othr/ics/2013/204855.htm
- https://itip-services-worldbank.wto.org/SearchApplied.aspx
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SOUTH SUDAN
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of an independent telecom authority
Lack of independent telecom authority
South Sudan has a telecommunications authority: The National Communication Authority. However, it is reported that this entity is not fully independent.
Coverage Telecommunications sector
SOUTH SUDAN
Since February 2012
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Nationality/residency requirement for directors or managers
The Companies Act, 2012
Section 241 of the Companies Act mandates that at least one director of the company should be a resident of South Sudan.
Coverage Horizontal
SOUTH SUDAN
Since January 2009
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Investment Promotion Act
Section 21 of the Investment Promotion Act outlines the process for screening and approving FDI applications prior to the issuance of an investment certificate by the Southern Sudan Investment Authority. Section 22 specifies the conditions required for granting such a certificate, including provisions for job creation and technology transfer. It has been reported, however, that the government does not publicly disclose details regarding its application screening procedures.
Coverage Horizontal
SOUTH SUDAN
Reported in 2019, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the enforcement of patents
Lack of adequate enforcement of patents
It is reported that the legal structure for intellectual property rights (IPR) is weak, and enforcement is lax in South Sudan. While the 2009 Investment Promotion Act includes an article on the protection of IPR in Section 35, neither the legislature nor any government ministry implemented laws or regulations governing trademarks, copyrights, or patents. It is reported that limited protection is obtained through filing a cautionary notice.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220701195936/https://njq-ip.com/country/south-sudan/patents/
- https://web.archive.org/web/20240217134145/https://www.state.gov/reports/2023-investment-climate-statements/south-sudan/
- https://web.archive.org/web/20231004111957/https://www.state.gov/reports/2019-investment-climate-statements/south-sudan/
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SOUTH SUDAN
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Lack of participation in the Patent Cooperation Treaty (PCT)
South Sudan is not a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
SOUTH SUDAN
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Lack of copyright law
South Sudan does not have a law covering copyright protection.
Coverage Horizontal
SOUTH SUDAN
Reported in 2022, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
Copyright is not adequately enforced online in South Sudan. It is reported that the legal structure for intellectual property rights (IPR) is weak, and enforcement is lax.
Coverage Horizontal
SOUTH SUDAN
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
South Sudan has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
SOUTH SUDAN
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
South Sudan has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
SOUTH SUDAN
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
South Sudan has no rules applicable to the protection of trade secrets. However, there has been a bill in this regard that has been pending approval since 2013.
Coverage Horizontal
SOUTH SUDAN
Since June 2012
Pillar Telecom infrastructure & competition |
Sub-pillar Passive infrastructure sharing obligation
National Communication Act, 2012
There is an obligation for passive infrastructure sharing in the country to deliver telecom services to end users. According to Art. 53 of the National Communication Act, licensed operators shall share their infrastructure on the basis of commercial agreements entered into with each other. However, the Authority shall direct operators to share their infrastructure where it is in the public interest to do so.
Coverage Telecommunications sector
SOUTH SUDAN
Since February 2012
Pillar Telecom infrastructure & competition |
Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
The Companies Act, 2012
Section 323.4 of the Companies Act stipulates that small companies shall be exclusively owned by South Sudanese nationals. According to Section 323.3, a company qualifies as a small-sized private company if its turnover for the preceding accounting period is below a threshold specified by the government, it employs no more than seven individuals, and its share capital does not exceed an amount prescribed by the government. Furthermore, Section 323.5 mandates that financially capable South Sudanese nationals must hold a minimum of 31% of the shares in medium and large private companies. Section 323.6 defines a medium or large private company as one with share capital not less than an amount prescribed by the government. These regulatory restrictions reportedly extend to sectors pertinent to digital trade, including telecommunications, internet services, and computer-related services.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20250109154524/https://mofaic.gov.ss/wp-content/uploads/2023/03/Companies-Act-2012.pdf
- https://web.archive.org/web/20250109154622/https://imanidevelopment.com/wp-content/uploads/2017/03/Legal-and-Economic-Assessment-South-Sudan.pdf
- https://web.archive.org/web/20250109154953/https://2009-2017.state.gov/e/eb/rls/othr/ics/2013/204855.htm
- https://itip-services-worldbank.wto.org/SearchApplied.aspx
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