Database

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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

SOUTH SUDAN

Since February 2012

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator 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 June 2012

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Banking Act, 2012
Section 63.6 of the Banking Act states that “no bank shall move all or any part of their administration, operations, books or records outside South Sudan without prior written consent of the [central] Bank.” Section 84.2 provides that financial ledgers and other financial records shall be kept in South Sudan for a period not less than 10 years. Section 84.6 relates to non-financial records, which must also be kept within South Sudan.
Coverage Financial sector

SOUTH SUDAN

Since January 2009

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator 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)  |  Indicator 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

SOUTH SUDAN

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator 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)  |  Indicator 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)  |  Indicator 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)  |  Indicator Adoption of the 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)  |  Indicator Adoption of the WIPO Performances and Phonograms 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)  |  Indicator 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  |  Indicator 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  |  Indicator 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

SOUTH SUDAN

Reported in 2021, last reported in 2023

Pillar Telecom infrastructure & competition  |  Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
It is reported that Digitel Telecommunications, a state-owned company, was established in 2021. However, information regarding the government's shareholding in the company is not publicly available.
Coverage Telecommunications sector

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