SOMALIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Lack of implementation of the copyright law
Somalia has enacted the Copyright Law (Law No. 66 of 7 September 1977). However, there is no indication that implementing regulations have ever been promulgated to operationalise the law.
Coverage Horizontal
SOMALIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Lack of procedures to enforce copyright
Somalia currently lacks an effective institutional framework for the protection and enforcement of copyright. Although the then Somali Democratic Republic adopted a Copyright Law (Law No. 66 of 7 September 1977), this statute makes copyright protection conditional on registration, and there is neither a functioning copyright registration office nor a competent enforcement authority. As a result, copyright protection in practice – including online enforcement – remains highly uncertain and difficult to secure.
Coverage Horizontal
SOMALIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Somalia has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
SOMALIA
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
Somalia has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
SOMALIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Somalia has no rules applicable to the protection of trade secrets.
Coverage Horizontal
SOMALIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
It is reported that there is no obligation for passive infrastructure sharing in Somalia to deliver telecom services to end users. However, it is practised in both the mobile and fixed sectors based on commercial agreements. In addition, some telecom companies and internet providers, such as Somtel, Telesom, and Somcable, agreed with the government to share the landing and operation of submarine cables to enter the country.
Coverage Telecommunications sector
SOMALIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory accounting separation for dominant network operators
Somalia does not mandate accounting separation for operators with significant market power (SMP) in the telecom market. However, it is reported that operators are subject to an obligation of functional separation.
Coverage Telecommunications sector
SOMALIA
Since October 2017
Since November 2020
Since November 2020
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
National Telecommunication Law (Sharciga Isgaarsiinta Qaranka)
Unified Licensing Framework
Unified Licensing Framework
It is reported that there is a legal limit on the number of licenses, a minimum capital requirement to obtain a license and other licensing criteria. However, these restrictions are not found in the law. The licensing regime is regulated by the National Telecommunications Law of 2017 and the Unified Licensing Framework.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20230322214342/https://www.dataguidance.com/sites/default/files/federal_republic_of_somalia_national_communications_law_2017.pdf
- https://web.archive.org/web/20221129121542/https://nca.gov.so/wp-content/uploads/2021/12/Unified-Licensing-Framework.pdf
- https://datahub.itu.int/data/?i=100051&s=12581
- https://web.archive.org/web/20250506090138/https://nca.gov.so/wp-content/uploads/2021/12/Unified-Licensing-Framework-Nov-2020-BV-1.pdf
- Show more...
SOMALIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Somalia has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
SOMALIA
Since October 2017
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
National Telecommunication Law (Sharciga Isgaarsiinta Qaranka)
Somalia has established a telecommunications regulatory body known as the National Communications Authority (NCA). The NCA was created under the National Telecommunication Law, which stipulates in Art. 7 that it functions as an autonomous agency in the performance of its duties, free from interference by other governmental institutions. It possesses legal personality, granting it the capacity to initiate or defend legal proceedings in its own name, consistent with the procedures applicable to government agencies. Nevertheless, similar to other governmental bodies, the NCA falls administratively under the jurisdiction of the minister responsible for national communications. Despite this administrative oversight, the law affirms that the NCA retains autonomy in executing the responsibilities assigned to it under the Law.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20231029131837/https://moct.gov.so/en/wp-content/uploads/2023/06/National-Communications-law.pdf
- https://web.archive.org/web/20221107085633/https://nca.gov.so/wp-content/uploads/2022/01/National-Communication-Law.pdf
- https://app.gen5.digital/tracker/country-cards/Somalia
- Show more...
SOMALIA
Since March 2023
Pillar Cross-border data policies |
Indicator Conditional flow regime
Data Protection Act - Law No. 005 of 2023 (Sharci lr. 005 | Sharciga Dhowrista Xogta Dadwaynaha)
Art. 30 of the Data Protection Act provides that a data controller may not transfer personal data to a country outside the country unless one of the following conditions is met:
- The personal data will be received solely in countries that provide an adequate level of protection;
- The recipient is an international organisation whose policies and administrative and technical measures afford an adequate level of protection;
- The recipient is subject to a law, binding corporate rules, contractual clauses, code of conduct, certification mechanism or other measures that afford an adequate level of protection; or
- The transfer meets one of the several criteria in Art. 31, which include consent of the data subject and the necessity of the processing for the entering into or performance of a contract with the data subject.
- The personal data will be received solely in countries that provide an adequate level of protection;
- The recipient is an international organisation whose policies and administrative and technical measures afford an adequate level of protection;
- The recipient is subject to a law, binding corporate rules, contractual clauses, code of conduct, certification mechanism or other measures that afford an adequate level of protection; or
- The transfer meets one of the several criteria in Art. 31, which include consent of the data subject and the necessity of the processing for the entering into or performance of a contract with the data subject.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240420143532/https://dpa.gov.so/assets/legal/act/Somalia%20Data%20Protection%20Act-2.pdf
- https://web.archive.org/web/20250816093948/https://dataprotection.africa/somalia/
- https://web.archive.org/web/20241120151937/https://www.osagsomalia.com/resources/bulletin-contents/details/legislation/2023/sharciga-dhowrista-xogta-dadwaynaha/
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SOMALIA
N/A
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreement with binding commitment on data flows
Somalia has not joined any agreement committing to open transfer of cross-border data flows.
Coverage Horizontal
SOMALIA
Since November 2015
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Foreign Investment Law of 2015 (Sharciga Maalgashiga Shisheeye)
According to the 2015 Foreign Investment Law, all foreign investors are required to obtain a certificate from the Foreign Investment Board in order to invest in the country. Pursuant to Art. 8, foreign investors must complete the investment application form at the Ministry of National Planning and submit it by registered mail to the Foreign Investment Board. As provided in Art. 9, the Board must notify the applicant of its decision within sixty days of receiving a complete application, and any approval is formalised through the issuance of a foreign investment certificate, which is valid for 24 months from the date of issuance.
Coverage Horizontal
Sources
- https://alp.unescwa.org/sites/default/files/2023-08/Foreign%20Direct%20Investment%202015%20%28English%29.pdf
- https://alp.unescwa.org/ar/legislations?f%5B0%5D=country%3A274&f%5B1%5D=year%3A1937&f%5B2%5D=year%3A1955&f%5B3%5D=year%3A1962&f%5B4%5D=year%3A1963&f%5B5%5D=year%3A1964&f%5B6%5D=year%3A1966&f%5B7%5D=ye...
SOMALIA
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)
4.86%
Coverage rate of zero-tariffs on ICT goods (%)
73.39%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- 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.kommerskollegium.se/globalassets/publikationer/rapporter/2024/advancing-the-green-transition.pdf
