EGYPT
Since October 2018
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Law No. 182 of 2018: Regulating Contracts Concluded by Public Entities
According to Art. 75 of Law No. 182, Egyptian small and medium-sized (SMEs) enterprises are given the right to obtain at least 20% of available government contracts annually. This has been the case with the previous law as well (Tenders Law 89 of 1998).
Coverage Horizontal
EGYPT
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in Information Technology Agreement Expansion Agreement (ITA II)
Egypt is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996, but is not a signatory of its 2015 expansion (ITA II).
Coverage ICT goods
EGYPT
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Effective tariff rate to ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
1.52%
Coverage rate of zero-tariffs on ICT goods (%)
69.84%
Coverage: Digital goods
DEMOCRATIC REPUBLIC OF CONGO (DRC)
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
DRC 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
DEMOCRATIC REPUBLIC OF CONGO (DRC)
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
DRC 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
DEMOCRATIC REPUBLIC OF CONGO (DRC)
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention of Electronic Communications
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
DRC has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
DEMOCRATIC REPUBLIC OF CONGO (DRC)
N/A
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
DRC does not have a legal framework that applies consumer protection to online transactions.
Coverage Horizontal
DEMOCRATIC REPUBLIC OF CONGO (DRC)
Reported in 2021
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 100, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
DEMOCRATIC REPUBLIC OF CONGO (DRC)
Since April 2017
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Self-certification for product safety
Décret ministériel N. 003/CAB/MIN.COM.EXT/2017 du 03/04/2017 approuvant le contrat de vérification avant embarquement des importations en République Démocratique du Congo entre l’OCC et Bureau Veritas BIVAC (Ministerial Decree No. 003/CAB/MIN.COM.EXT/2017 of 03/04/2017 approving the pre-shipment verification contract for imports into the Democratic Republic of Congo between the OCC and Bureau Veritas BIVAC)
A product covered by a certificate of conformity with the standards or technical regulations in force may still be subject to a conformity check when it is imported into the DRC, unless there is either a mutual recognition agreement or an explicit collaboration between the body that carried out the conformity assessment abroad and the Congolese Control Office (OCC). Even in the case of such an agreement or collaboration, the OCC may carry out the check again if it considers that, among other things, risks of deterioration of the product are possible during its transport.
Coverage All products with an FOB value above USD 2,500; Re-imports in the state; Postal parcels without commercial value
DEMOCRATIC REPUBLIC OF CONGO (DRC)
Reported in 2017 and 2018
Pillar Content access |
Sub-pillar Presence of Internet shutdowns
Presence of internet shutdowns
It is reported that in December 2017, DRC’s Minister of Posts, Telecommunications, and Information ordered the Director-General of Africell, one of the four telecom companies in the country, to suspend Internet and SMS in the country. After the commencement of opposition demonstrations, a three-day shutdown took place. It is also reported that in 2018, the government caused several network disruptions and an eventual Internet shutdown.
Coverage Internet access
DEMOCRATIC REPUBLIC OF CONGO (DRC)
Reported in 2017 and 2018
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Blocking of commercial web content
It is reported that in 2017, the Congolese authorities ordered internet capacity be slowed down so that it could not be used to transmit images via social media. The telecoms chief regulator listed social media he wanted the measure to target, including Facebook, WhatsApp, Instagram, and Twitter. It is also reported that in 2018 the government interrupted several times access to online media and social networks such as WhatsApp, Facebook, YouTube, Skype, and SMS.
Coverage Online media and social network
DEMOCRATIC REPUBLIC OF CONGO (DRC)
Reported in 2022
Pillar Content access |
Sub-pillar 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 2 in the DRC. This corresponds to "The government shut down domestic access to the Internet several times this year."
Coverage Horizontal
DEMOCRATIC REPUBLIC OF CONGO (DRC)
Since October 2002
Since June 2018
Since June 2018
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Telecommunications Framework Law No. 013/2002
Ministerial Order No. 011/CAB/M-CM/LOM/2018 Modifying and completing Order 04/MIP/020/96 of 26 november 1996 on applicable measures of Law 96-002 of 22 june 1996 fixing modalities for the exercise of freedom of press
Ministerial Order No. 011/CAB/M-CM/LOM/2018 Modifying and completing Order 04/MIP/020/96 of 26 november 1996 on applicable measures of Law 96-002 of 22 june 1996 fixing modalities for the exercise of freedom of press
With the Law No. 013/2002 of 2002, which governs the telecommunications sector, the government is given the power to take over the means of communication in the interest of national security. According to Art. 46 of the law, the State may prohibit the use of telecommunication facilities, in full or in part, for any period of time, as it deems fit, in the interests of public security or national defense, the public telecommunications service, or for any other reason. In June 2018, the Minister of Posts, Telecommunications and Information, signed a Ministerial Order strengthening the control of online media (Ministerial Order No 011/CAB/M-CM/LOM/2018).
Coverage Telecommunications sector
DEMOCRATIC REPUBLIC OF CONGO (DRC)
Since November 2020
Pillar Intermediary liability |
Sub-pillar User identity requirement
Law No. 20/017 of 25 November 2020 relating to Telecommunications and Information and Communication Technologies
According to Art. 92 of Law No. 20/017 of 25 November 2020 relating to Telecommunications and Information and Communication Technologies, any operator of a telecommunications network open to the public or any provider of telecommunications services Internet access is required to identify its subscribers at the time of subscription to telecommunications services., In addition, Article 93, strengthens by indicating that no connection to the network can be granted without prior identification. Moreover, according to Art. 94 the State reserves the right to interrupt any connection of the subscriber who is not or has been misidentified.
Coverage Telecommunication sector
DEMOCRATIC REPUBLIC OF CONGO (DRC)
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbor 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 DRC's law and jurisprudence.
Coverage Internet intermediaries