Database

Browse Database

NIGER

Since July 2018

Pillar Telecom infrastructure & competition  |  Sub-pillar Other restrictions to operate in the telecom market
Law No. 2018‐45 of 12 July 2018 regulating electronic communications in Niger (Loi No. 2018-45 du 12 juillet 2018 portant les communications électroniques au Niger)
According to Art. 15 and 16 of the Law on Electronic Communications, the supply of telecommunications services in Niger is subjected to a licence, which requires commercial presence. In fact, according to Arts. 1 and 15, cross-border supply is prohibited. According to Art. 17, the licensing scheme is restrictive because it is open to public competition only when requested by the Minister in charge of electronic communications.
Coverage Telecommunications sector

NIGER

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Signature of the World Trade Organization (WTO) Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Niger has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

NIGER

Since July 2018

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of an independent telecom authority
Law No. 2018-47 on the creation, organization and operation of the Autorité de Régulation des Communications Électroniques et de la Poste (ARCEP) (Loi No. 2018-47 portant création, organization et fonctionnement de l'Autorité de Régulation des Communications Électroniques et de la Poste (ARCEP))
Art. 1 of Law No. 2018-47 states that the Autorité de Régulation des Communications Électroniques et de la Poste (Electronic Communications and Post Regulatory Authority, ARCEP), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process and enjoys financial and management autonomy.
Coverage Telecommunications sector

NIGER

Since December 2022
Since May 2017, until December 2022

Pillar Cross-border data policies  |  Sub-pillar Ban to transfer and local processing requirement
Law No. 2022-059 of 16 December 2022, relating to the protection of personal data (Loi No. 2022-059 du 16 Décembre 2022, relative à la Protection des données à caractère personnel)

Law No. 2017-28 of 03 May 2017, relating to the protection of personal data (Loi No.2017-28 of 03 May 2017, relative à la Protection des données à caractère personnel)
According to Arts. 62 and 63 of Law No. 2022-059, transfer of personal data outside the country is subject to authorisation from the Haute Autorité de Protection des Données Personnelles (HAPDP or High Authority of Personal Data Protection). Apart from the condition of authorisation from the HAPDP, there are other conditions to be fulfilled, including that transfer can only be conducted to a country that guarantees a sufficient level of security or, if that condition is not met, that some conditions are fulfilled such as the authorisation by the owner of the data, the necessity of the transfer for health or juridical procedure, among others.
This law repealed Law No. 2017-28, Art. 24, which provided that a cross-border transfer was also subject to authorisation by the data protection authority.
Coverage Horizontal

NIGER

N/A

Pillar Cross-border data policies  |  Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Niger has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal

NIGER

Since June 2018

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Law No. 2018-40 of 5 June 2018 on the regime of public-private partnership contracts (Loi No. 2018-40 du 5 juin 2018, portant régime des contrats de Partenariat Publique Privé)
Art. 39 of Law No. 2018-40 stipulates that in the case of a foreign investment in the form of a public-private partnership, 20% of the shares must be provided by nationals.
Coverage Public-private partnerships
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'NE')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"70922"},{"post_id":"70923"},{"post_id":"70924"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'NE')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'NE')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"1.00"}]

NIGER

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
8.05%
Coverage rate of zero-tariffs on ICT goods (%)
12.28%
Coverage: Digital goods

NIGER

N/A

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Participation in the World Trade Organization (WTO) Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Niger is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods

NIGER

Since September 2022

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Decree No. 2022-743/PR/P of 29 September 2022 on the Code of Public Procurement and Delegation of Public Services (Décret No. 2022-743/PR/P 29 Septembre 2022 Portant Code des Marchés Publics et des Délégations de Services Publics)
Art. 15 of Decree No. 2022-743/PR/P states that all candidates for contracts, regardless of the award procedure, must provide evidence of their legal, technical, economic, financial, social and environmental capacity in their tender documents. The social capacity is defined by Art. 19 as the proof of a commitment to recruit Nigerien or nationals from the West African Economic and Monetary Union or proof that 40% of the contract has been subcontracted to SMEs owned by Nigerien youth or women.
Coverage Horizontal

NIGER

Since September 2022

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Decree No. 2022-743/PR/P of 29 September 2022 on the Code of Public Procurement and Delegation of Public Services (Décret No. 2022-743/PR/P 29 Septembre 2022 Portant Code des Marchés Publics et des Délégations de Services Publics)
According to Art. 112 of Decree No. 2022-743/PR/P when awarding a contract, preference up to 15% of the amount of the tender may be given to:
- A tender submitted by a national or Community enterprise;
- Any supplier that offers products of national origin or from the West African Economic and Monetary Union;
- Any supplier that undertakes to subcontract part of the contract to national undertakings.
If there is no provision for preference in the tender documents, preference will not be applicable.
Beyond this 15% preference, an additional preference of 5% is granted to craftsmen and artisans legally established in the territory of the West African Economic and Monetary Union.
Finally, the contracting authority may include in their preliminary procurement plans a percentage of the contract to be awarded to small and medium-sized national enterprises in accordance with the procurement and award procedures set out in the Decree, provided that the contract is financed from their own resources.
Coverage Horizontal

NIGER

N/A

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Signatory of the World Trade Organization (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)
Niger is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal

NICARAGUA

N/A

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Nicaragua does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal

NICARAGUA

Since April 1914
Since October 2020

Pillar Online sales and transactions  |  Sub-pillar Local presence requirements for digital services providers
Commercial Code (Código de Comercio)

Law No. 1040-Foreign Agents Law (Ley No. 1040-Ley De Regulación De Agentes Extranjeros)
According to Art. 10 of the Commercial Code, legal entities in Nicaragua (including entities with foreign national shareholders) must have a legal representative who must be either a Nicaraguan national or a foreign national residing in Nicaragua. In addition, according to Art. 9 of the Foreign Agents Law, foreign agents are required to register with the Nicaraguan Government and file reports on all funds and donations received from foreign entities and how they are used.
The law defines “foreign agents” as any person who performs or works as an agent, representative, employee, service provider or any other activity subject to the orders, requirements, instruction, direction, supervision, or control from a foreign entity or from an individual or legal entity whose activities are, directly or indirectly, supervised, directed, controlled, financed or subsidised, in whole or in part, by foreign individuals, Governments, capital, businesses or funds, directly or through a third party, be it an individual or legal entities. It is reported that legal experts have expressed concern that the law is written so broadly that the government could apply it to any entity.
Coverage Horizontal

NICARAGUA

Since June 2013, last amended February 2021
Since October 2013

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Law No. 842-Consumer and Users' Rights Protection Law (Ley 842-Ley De Protección De Los Derechos De Las Personas Consumidoras y Usuarias)

Decree No. 36-2013-Regulation of Consumer and Users' Rights Protection Law (Decreto Ejecutivo No.. 36-2013-Reglamento De La Ley No.. 842, Ley De Protección De Los Derechos De Las Personas Consumidores y Usuarias)
The law Consumer and Users' Rights Protection Law and its regulation provide a comprehensive framework for consumer protection that also applies to online transactions.
Coverage E-commerce sector

Report issue     Report new measure