SIERRA LEONE
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the National Telecommunications Commission (NATCOM), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
SIERRA LEONE
Since July 2016
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
National Civil Registration Act 2016 (No. 14)
Sections 28.3 and 34.2 of the Civil Registration Act mandate that the civil register, which contains personal data of residents, be maintained and kept at the chiefdom, district and national level. Likewise, the personal registration file should be kept in the region, district, or chiefdom of the individual. This is applicable to personal data stored in the Civil Register.
Coverage Public sector
SIERRA LEONE
Since November 2020
Pillar Cross-border data policies |
Indicator Infrastructure requirement
Telecommunications Subscribers Identification and Registration Management Regulations, 2020
Sections 19.1 and 19.2 of the Telecommunications Subscribers Identification and Registration Management Regulation empowers the National Telecommunications Commission to establish and maintain a central electronic database of communications service subscribers, in which all subscribers' information shall be stored. The database shall be housed either within the Commission or in another location as may be determined by the Commission.
According to Sections 22.3 and 22.4, the transfer and utilisation of subscribers' data outside the country are subject to the provision of justification for the data use, the approval of the Commission, and the assurances of the security and confidentiality of the data/information.
According to Sections 22.3 and 22.4, the transfer and utilisation of subscribers' data outside the country are subject to the provision of justification for the data use, the approval of the Commission, and the assurances of the security and confidentiality of the data/information.
Coverage Telecommunications sector
SIERRA LEONE
N/A
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Sierra Leone has not joined any free trade agreement committing to open transfers of cross-border data flows.
Coverage Horizontal
SIERRA LEONE
N/A
Pillar Domestic data policies |
Indicator Framework for data protection
Lack of comprehensive data protection law
Sierra Leone does not have a comprehensive data protection law. However, there are provisions for data protection in the legal frameworks governing the operations of some sectors. For example, in the telecommunications sector, Section 78 of the Telecommunications Act makes it a criminal offence for anyone engaging in the provision of telecommunications services to disclose to any unauthorised person information or data s/he comes across as part of his lawful duty in respect of any customer or user of the telecommunications services. Also, Section 21 of the Telecommunications Subscriber Regulations states that a licensed service provider shall take reasonable steps to ensure the security and confidentiality of the subscriber’s registration and prevent corruption, loss or unauthorised disclosure of the information. There are also provisions for data protection in the financial sector. Section 35 of the Lenders and Borrowers Act states that a lender or a person who acts on behalf of a lender shall not disclose information obtained from a borrower unless the information is required under any other law or by a court of competent jurisdiction.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220627070035/http://natcom.gov.sl/wp-content/uploads/2020/06/The-Telecommunications-Act-2006.pdf
- https://web.archive.org/web/20220627073350/https://www.natcom.gov.sl/wp-content/uploads/2021/02/The-Telecommunications-Subscribers-Identification-and-Registration-Management-Regulations-2020.pdf
- https://web.archive.org/web/20221203103943/http://www.sierra-leone.org/Laws/2014-13.pdf
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SIERRA LEONE
Since November 2020
Pillar Domestic data policies |
Indicator Minimum period for data retention
Telecommunications Subscribers Identification and Registration Management Regulations, 2020
Section 19.4 of the Telecommunications Subscribers Regulations provides that the service provider shall, on a monthly basis or at such regular interval as the Commission may specify, transmit to the Commission all subscriber's information captured in their subscribers registers within the preceding month or such period as stipulated by the Commission in accordance with these Regulations. Section 20 of the Regulations also mandates licensed operators to capture, record and transmit to the central subscriber's information database the particulars of all its sales. The regulations do not specifically say for how long the data may be stored; they only mention the frequency at which the data should be transmitted to the Commission. However, Section 32(1-2) of the Regulations states that a subscriber intending to utilise one or more mobile universal integrated service cards, fixed telephone lines or internet connections that has been registered in its name, for allocation to a third party shall, before handing over a universal integrated service card or providing access to any telecommunication service, record the particulars and the date on which the utilisation commenced and the period for which the third party shall utilise the communications service. This information registered shall be stored for a minimum period of three years.
Coverage Telecommunications sector
SIERRA LEONE
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of effective protection of trade secrets
Sierra Leone does not have a framework on trade secret protection. Some trade secrets provisions can be found in the Right to Access Information Act, which restricts a public authority from communicating information obtained from a third party where the disclosure of the information would divulge a trade secret or could prejudice the commercial interests of that third party.
Coverage Horizontal
SIERRA LEONE
N/A
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in Sierra Leone to deliver telecom services to end users. It is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
SIERRA LEONE
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)
Sierra Leone is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
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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SIERRA LEONE
Since February 2016
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Public Procurement Act 2016 (No. 1)
Section 40 of the Public Procurement Act requires the procuring entity to employ international competitive bidding procedures when the estimated contract amount is higher than the value threshold specified in the First Schedule of the Public Procurement Act, namely:
- SLE 600 Million (USD 30,400 approx.): in the case of contracts for the procurement of goods and services;
- SLE 900 Million (USD 45,600 approx.): in the case of contracts for the procurement of works.
Moreover, international competitive bidding procedures may be used when effective competition cannot be obtained unless foreign firms are invited to bid or where the goods, works, or services are not available under competitive price and other conditions from three or more suppliers in Sierra Leone.
- SLE 600 Million (USD 30,400 approx.): in the case of contracts for the procurement of goods and services;
- SLE 900 Million (USD 45,600 approx.): in the case of contracts for the procurement of works.
Moreover, international competitive bidding procedures may be used when effective competition cannot be obtained unless foreign firms are invited to bid or where the goods, works, or services are not available under competitive price and other conditions from three or more suppliers in Sierra Leone.
Coverage Horizontal
SIERRA LEONE
Since February 2016
Since March 2020
Since March 2020
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Public Procurement Act 2016 (No. 1)
The Public Procurement Regulations, 2020
The Public Procurement Regulations, 2020
Section 36 of the Public Procurement Act empowers the contracting entity to grant a margin of preference to enhance the advantage of domestic suppliers, contractors and goods. The margin of preference is to be calculated in accordance with the regulations and reflected in the record of the procurement processes and is subject to the authorisation of the National Public Procurement Authority. Regulation 75 of the Public Procurement Regulations clarifies that the percentage of preference in schemes issued by the Authority must be between 5% and 12%.
Coverage Horizontal
SIERRA LEONE
Since February 2016
Since March 2016
Since March 2016
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Public Procurement Act 2016 (No. 1)
Sierra Leone Local Content Agency Act, 2016 (No. 3)
Sierra Leone Local Content Agency Act, 2016 (No. 3)
Art. 38 of the Sierra Leone Local Content Agency Act provides that, with regard to procurement for the Sierra Leone Local Content Development Fund, first consideration should be given to Sierra Leonean companies bidding for procuring materials, products and goods for ministries, departments and agencies, provided the companies comply with the requirements stipulated in the National Public Procurement Act 2004 (now repealed by the Public Procurement Act of 2016). Donor agencies, international and local non-governmental organisations, and other entities are also to give Sierra Leonean companies first consideration for the procurement of materials, products, and goods.
Coverage Horizontal
SIERRA LEONE
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Sierra Leone is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
SIERRA LEONE
Since August 2004
Since August 2006, last amended in 2009
Since August 2006, last amended in 2009
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Investment Promotion Act, 2004 (No. 10)
Telecommunications Act, 2006 (No. 9)
Telecommunications Act, 2006 (No. 9)
Full foreign ownership is allowed in Sierra Leone, and there are no known restrictions on foreign direct investment (FDI) in key sectors for digital trade. The Investment Promotion Act of 2004 is the main legal framework regulating foreign direct investment in the country. According to Section 4 of the Act, any investor, whether domestic or foreign, can invest in any legitimate form of business enterprise in the country. In addition, Sections 24-25 of the Telecommunications Law provide for the application and granting of licenses for telecommunications services, and there is no specific provision in the law restricting foreign equity ownership.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230307001226/http://www.sierra-leone.org/Laws/2004-10p.pdf
- https://web.archive.org/web/20201216014352/https://iclg.com/alb/special-report/sierra-leone
- https://web.archive.org/web/20231001013427/https://www.investinginsierraleone.com/investing-in-sierra-leone/
- https://web.archive.org/web/20231207222441/http://natcom.gov.sl/wp-content/uploads/2020/06/The-Telecommunications-Act-2006.pdf
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SIERRA LEONE
Since August 2009
Since November 2015
Since November 2015
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Nationality/residency requirement for directors or managers
Companies Act, 2009 (No. 5)
Companies Regulations, 2015
Companies Regulations, 2015
Although Section 247 of the Companies Act requires companies to keep a register of their directors, including their names, nationality, and usual residential address, it does not state whether any of the directors are required to reside in the country. However, Section 485 of the Act mandates foreign companies operating in Sierra Leone to submit some documents/information, which includes, among other things, the name, address and occupation of the person authorised to manage the company in Sierra Leone and the names and addresses of one or more persons resident in Sierra Leone authorised to accept on behalf of the company service of process and any notices required to be served on the company. The provisions of Section 485 suggest that an officer or a representative of the company is required to be resident in Sierra Leone.
In addition, Section 14 of the Companies Regulations of 2015 provides that foreign nationals may hold equity in any private business enterprise and undertake any business in Sierra Leone. Still, foreign nationals serving as executive directors shall submit to the Corporate Affairs Commission (CAC) residence and work permit before undertaking, in part or whole, any business enterprise in Sierra Leone. The need to submit residence and work permits to the CAC suggests they are expected to be resident in the country.
In addition, Section 14 of the Companies Regulations of 2015 provides that foreign nationals may hold equity in any private business enterprise and undertake any business in Sierra Leone. Still, foreign nationals serving as executive directors shall submit to the Corporate Affairs Commission (CAC) residence and work permit before undertaking, in part or whole, any business enterprise in Sierra Leone. The need to submit residence and work permits to the CAC suggests they are expected to be resident in the country.
Coverage Horizontal
