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SOUTH SUDAN

Since February 2012

Pillar Online sales and transactions  |  Indicator Maximum foreign equity share for investment in the e-commerce 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, although it is not clear whether it applies to the e-commerce sector.
Coverage E-commerce sector

SOUTH SUDAN

Since December 2017

Pillar Online sales and transactions  |  Indicator Restrictions on online payments
Electronic Money Regulation, 2017
According to Art. 15 of the e-money Regulation, the e-money service provider must strictly apply KYC procedures based on a risk-based approach that determines the different risk categories in the application of customer identification; mobile money accounts have been categorised in the following three levels:
- Level 1: basic level accounts with simplified KYC, which are subject to lower transaction limits and limited documentation requirements for account opening. They have a maximum balance limit equal to USD 1.000, a daily transaction limit equal to USD 250, and a monthly transaction limit equal to USD 2.000;
- Tier 2: Partial KYC accounts that have higher limits and stricter account opening requirements. They have a maximum balance limit equivalent to USD 4.000, a daily transaction limit equivalent to USD 1.000, and a monthly transaction limit equivalent to USD 8.000.
- Level 3: accounts with complete KYC requirements. Accounts with full KYC have higher limits for corporate and government payments. They have a maximum balance limit equivalent to USD 10.000, a daily transaction limit equivalent to USD 2.000, and a monthly transaction limit equivalent to USD 20.000.
Coverage E-money service providers

SOUTH SUDAN

Reported in 2018, last reported in 2023

Pillar Online sales and transactions  |  Indicator Restrictions on online payments
Online payment restrictions
It is reported that the ability to exchange local currency for foreign currency is severely restricted due to South Sudan’s lack of correspondent banking relationships. Some international businesses have complained that the inability to repatriate proceeds has hurt their businesses.
Coverage Horizontal

SOUTH SUDAN

N/A

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

SOUTH SUDAN

Since April 2011

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Consumers Protection Act 2011
The Consumers Protection Act 2011 provides a comprehensive framework for consumer protection that also applies to online transactions. According to Art. 2, the purpose of the law is to establish a legal framework for the protection of the interests and welfare of consumers in their dealings with producers and suppliers. In addition, according to Art. 4, the Act applies to any consumer transaction occurring within South Sudan between a supplier and a consumer unless the transaction is exempted under subsection.
Coverage Horizontal

SOUTH SUDAN

N/A

Pillar Online sales and transactions  |  Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
South Sudan has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

SOUTH SUDAN

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
South Sudan 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

SOUTH SUDAN

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
South Sudan 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

SOUTH SUDAN

Since May 2021

Pillar Domestic data policies  |  Indicator Minimum period for data retention
Cybercrimes and Computer Misuse Provisional Order, 2021
Section 6 of the Cybercrimes and Computer Misuse Provisional Order imposes an obligation on service providers to store for 180 days information relating to communications, including personal data and traffic data of subscribers. A service provider is defined as a public or private entity that provides to users of its services the means to communicate by use of a computer system and any other entity that processes or stores computer data on behalf of that entity or its users (Section 5).
Coverage Online service providers

SOUTH SUDAN

N/A

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in South Sudan's law and jurisprudence.
Coverage Internet intermediaries

SOUTH SUDAN

N/A

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringements
A basic legal framework on intermediary liability beyond copyright infringement is absent in South Sudan's law and jurisprudence.
Coverage Internet intermediaries

SOUTH SUDAN

Reported in 2021, last reported in 2023

Pillar Intermediary liability  |  Indicator User identity requirement
Mandatory SIM card registration
It is reported that South Sudan imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card or a passport in case of foreigners to activate a new prepaid SIM card.
Coverage Telecommunications sector

SOUTH SUDAN

Reported in 2021, last reported in 2023

Pillar Content access  |  Indicator Blocking or filtering of commercial web content
Blocking of commercial web content
In recent years, there have been several reported cases of web content blocking, illustrating the challenge of restricted access to online platforms. In late June 2020, Sudan's Post publicly announced that government authorities had blocked access to its content. In August 2021, it was noted that Facebook and WhatsApp faced restrictions ahead of planned protests, underscoring the ongoing issue of online content limitations. Moreover, it is reported the government’s South Sudan National Communication Authority at times blocked access to certain websites in 2023, such as two popular news websites, Radio Tamazuj and Sudans Post, as well as social media personalities and other online news generators.
Coverage Media outlets, blogs and social media

SOUTH SUDAN

Reported in 2024

Pillar Content access  |  Indicator 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 1 in South Sudan for the year 2023. This corresponds to "The government shut down domestic access to the Internet numerous times this year."
Coverage Horizontal

SOUTH SUDAN

Since June 2012

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator 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

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