Import formalities are reportedly cumbersome, slow and highly costly. It is reported that the flat-rate customs tariff applied to certain containers constitutes an unfair competitive practice, further distorting the import process and disadvantaging traders operating under standard tariff procedures.

Export formalities are reportedly cumbersome, slow and costly. Export operations require customs officials to visit the exporter’s premises and often depend on approvals being granted at senior administrative levels. These procedural constraints increase the overall cost of exporting. In addition, the misuse of the “miscellaneous” category in the customs export nomenclature has been identified as another opaque practice that further undermines transparency in the export process.

In Mauritania, telecommunications operators are required to share passive telecommunications infrastructure where this is necessary to ensure the provision of services to end users. Access must be granted on transparent and non-discriminatory terms, while dispute resolution and enforcement are handled by the sector regulator, the Autorité de Régulation (ARE). The obligation is grounded in Law No. 2013/025 on Electronic Communications, in particular Arts. 37–40, and in Decision No. 225/18/ARE/CNR/DTP of the National Regulatory Council, adopted pursuant to those provisions, which specifically regulates infrastructure sharing.

The Government of Mauritania reportedly holds a 46% equity stake in Mauritel, a provider of mobile, internet, and enterprise communications services.

Under Art. 41 of Law No. 2013/025 on Electronic Communications, the Autorité de Régulation (ARE) may periodically analyse markets to determine whether one or more operators possess significant market power (SMP). If an operator is designated as having SMP, the Authority may impose, as appropriate: (i) accounting separation for specified interconnection and/or access activities; and (ii) functional separation, requiring a vertically integrated operator to place wholesale access activities in an operationally separate entity that offers access products and services to all undertakings—including affiliates within the same group—on identical terms, conditions, prices, service levels, and using the same systems and processes.

Mauritania has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

It is reported that the Autorité de Régulation (ARE), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.

Law No. 2017-020 provides that the controller may transfer personal data to a third country only if that country ensures an adequate level of protection (Art. 20). The Personal Data Protection Authority shall publish and maintain a list of states that it considers to provide an adequate level of protection (Art. 21). If the country is not included in the list of adequate countries, the controller must first inform the Authority. Moreover, Art. 24 specifies that the data controller may transfer personal data to a third country that does not meet the requirements of Art. 21 if the transfer is one-off, not massive, and the person to whom the data relates has expressly consented to its transfer, or if the transfer is necessary for any of the following purposes:
- to safeguard the life of that person.
- to protect the public interest.
- to comply with obligations to establish, exercise or defend a legal claim.
- the performance of a contract between the controller and the data subject.
Lastly, the Authority may authorise, on the basis of a duly motivated request, a transfer or a set of transfers of data to a third country that does not ensure an adequate level of protection when the data controller offers sufficient guarantees with regard to the provisions of this law, including through contractual clauses (Art. 25).

According to the Bangui Agreement, ratified by 17 French-speaking States, including Mauritania, applicants resident outside the territory of the Member States must file through an agent selected in one of those Member States (Section III, Art. 8). The professional status of agent accredited to the African Intellectual Property Organization (OAPI) is governed by the Regulations on the profession of Authorised Agent before the OAPI.

Mauritania is a party to the Patent Cooperation Treaty (PCT).

Law No. 2012-038 provides a clear regime of copyright exceptions, which enables the lawful use of copyrighted work by others without obtaining permission (Arts. 30-52). The regime follows the fair use model. In addition, the Revised Bangui Agreement, which is a regional intellectual property law that is not only a regional convention applicable in all member states but also serves as a national intellectual property law in Mauritania and each of the other member states, contains provisions on copyright in Annex VII: Chapter IV (Limitations to Economic Rights). Although the Agreement establishes a set of copyright exceptions, these do not adhere to the fair use or fair dealing models.

It is reported that intellectual property rights (IPR) protection remains relatively nascent in Mauritania, with limited jurisprudence and institutional support for enforcement. Infringement and weak implementation are noted particularly in trademarks and in copyright and related rights, affecting goods such as books, audio-visual media, and mobile phones. While the government is pursuing reforms— including the creation of agencies for property certification and consumer protection to curb counterfeit trade—overall enforcement capacity remains limited.

Mauritania has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.

Mauritania has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

Mauritania does not have comprehensive trade secret legislation. Yet, there are provisions addressing disclosure, acquisition or use of confidential information in the course of industrial or commercial activities by third parties in Art. 6 of Annex VIII of the Bangui Agreement ratified by 17 French-speaking States, including Mauritania, since 2002. In addition, Art. 388 of Ordinance No. 83-162 of 9 July 1983, on the Establishment of the Criminal Code, punishes cases whereby trade secrets are revealed.