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
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) |
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
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
6.99%
Coverage rate of zero-tariffs on ICT goods (%)
61.89%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/WITS/Default-A.aspx?Page=Default
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
SOUTH SUDAN
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
South Sudan is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II). South Sudan is not a member of the WTO but holds observer status.
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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SOUTH SUDAN
Since April 2019
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Public Procurement and Disposal of Assets Act, 2018
Section 38.5(i) of the Public Procurement and Disposal of Assets Act provides that an exclusive preference can be given to citizens of South Sudan if the funding is fully from the government of South Sudan and under the prescribed threshold (which is not specified in the law).
Coverage Horizontal
SOUTH SUDAN
Since April 2019
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Public Procurement and Disposal of Assets Act, 2018
Section 38.2 of the Public Procurement and Disposal of Assets Act provides that the Minister can prescribe preferences and/or reservations in public procurement in consideration of economic and social development factors to disadvantaged groups, small and medium enterprises (SMEs), women, youth and people with disabilities. Section 38.5(iii) states that a prescribed margin of preference may be given in the evaluation of bids to candidates offering manufactured goods.
Moreover, Section 41.2.b establishes that evaluation criteria relating to public procurement may include a margin of preference up to 15% for the benefit of national providers or domestically produced supplies or any other preference if authorised or required by the regulations made under this Act or other provisions of applicable law.
Moreover, Section 41.2.b establishes that evaluation criteria relating to public procurement may include a margin of preference up to 15% for the benefit of national providers or domestically produced supplies or any other preference if authorised or required by the regulations made under this Act or other provisions of applicable law.
Coverage Horizontal
SOUTH AFRICA
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 Africa has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
SOUTH AFRICA
Since 2002
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
South Africa has 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 AFRICA
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 Africa 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 AFRICA
Since April 2009
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
The Consumer Protection Act No. 68 of 2008 (CPA)
The Consumer Protection Act 68 of 2008 (CPA) provides a comprehensive framework for consumer protection that also applies to online transactions. Section 43 of the Act establishes specific requirements for online retailers and other suppliers of goods and services who conduct transactions with consumers over the Internet or other electronic channels.
Coverage Horizontal
