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
SEYCHELLES
Since December 2019
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
S.I 82 of 2019 Customs Management (Importation of Goods through Post and Courier) Regulations, 2019
According to Art. 3 of the Customs Management Regulations, goods imported into Seychelles through the post or courier whose value is below SCR 3000 (approx. USD 220) shall be exempted from customs duty, provided that the consignment of goods imported is for the personal and exclusive consumption or use of the consignee.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240715043348/https://tradeportal.sc/wp-content/uploads/2023/12/SI-82-of-2019-Customs-ManagementImportation-of-Goods-Through-Post-and-CourierRegulations-2019.pdf
- https://web.archive.org/web/20220315135338/https://global-express.org/assets/files/GEA%20De%20Minimis%20Country%20information_6%20December%202021.pdf
SEYCHELLES
Since June 2022
Since December 2021
Since December 2001
Since December 2021
Since December 2001
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Fair Trading Act, (Act 12 of 2022)
Cybercrimes and Other Related Crimes Act, 2021 (Act 59 of 2021)
Electronic Transactions Act, 2001 (Act 8 of 2021)
Cybercrimes and Other Related Crimes Act, 2021 (Act 59 of 2021)
Electronic Transactions Act, 2001 (Act 8 of 2021)
The Fair Trading Act (Part IV), Cybercrimes and Other Related Crimes Act (Section 4), and the Electronic Transactions Act (Part III) provide a comprehensive consumer protection framework that applies to online transactions.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230914064623/https://www.gazette.sc/sites/default/files/2021-12/Act%2059%20-%20Cybercrimes%20and%20other%20Related%20Crimes%20Act%202021.pdf
- https://web.archive.org/web/20241004084121/https://seylii.org/akn/sc/act/2001/8/eng@2018-03-29
- https://unctad.org/page/cyberlaw-tracker-country-detail?country=sc
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SEYCHELLES
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
Seychelles has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
SEYCHELLES
Since 2001
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Seychelles 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
SEYCHELLES
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Seychelles 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
SEYCHELLES
Since April 2000
Pillar Content access |
Indicator Restrictions on online advertising
Broadcasting and Telecommunication Act
According to Section 16 of the Broadcasting and Telecommunication Act, where any matter (including an advertisement) intended for broadcasting is, in the opinion of the Minister, of an objectionable nature, the Minister may by order in writing prohibit the broadcasting of the matter unless suitably amended in the manner specified by the Minister in the order, so as to remove the objectionable nature of the matter.
Coverage Advertising sector
SEYCHELLES
Since June 2019
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
S.I.41 of 2019, Customs Management Act, 2011 (Act 22 of 2011), Customs Management (Prohibited and Restricted Goods) Regulations, 2019
The Customs Management (Prohibited and Restricted Goods) Regulations restrict the importation of Radio Communication equipment HS Code 8525.5010 to 8525.6000 without written prior approval of the Department of Information and Communications Technology.
Coverage Communication equipment
SEYCHELLES
N/A
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
It is reported that voluntary certification is recommended, and in-country testing is not mandatory. It is further reported that self-certification is allowed, and it is recommended that homologation be made in the Department of Information Communications Technology.
SEYCHELLES
Since January 2021
Pillar Intermediary liability |
Indicator User identity requirement
Broadcasting and Telecommunications (Records of Customers of Prepaid Mobile Services by Operators of Public Land Mobile Network) (Amendment) Regulations, 2021
According to Section 2. C of the Broadcasting and Telecommunication Act 2021 (amending the Broadcasting and Telecommunication Act), service providers must submit all customer records for activated mobile services before the 5th day of each month. Secondly, they must register and verify customer details before activating mobile services on purchased starter packs or subscriber information module cards. These measures aim to ensure proper record-keeping and verification processes for enhanced regulatory compliance and customer protection.
Coverage Telecommunications service providers
Sources
- https://web.archive.org/web/20240701024123/https://www.nationalassembly.sc/sites/default/files/2021-01/SI%202%202021%20-%20Broadcasting%20Telecommunications%20(Records%20of%20Customers%20Prepaid%20Mob...
- https://drive.google.com/file/d/0B6eGHNJ2dbIdR1pEZ01OV1ZkNHM/preview?resourcekey=0-njEr1QdO_iKUTZM2orcwNQ
- https://web.archive.org/web/20220120180727/https://www.ict.gov.sc/documents/BTA2000.pdf
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SEYCHELLES
Since April 2015
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Seychelles has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
SEYCHELLES
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Lack of independent telecom authority
Seychelles has a telecommunications authority: Seychelles Department of Information Communication Technology (DICT). However, it is reported that the DICT's decision-making process, operating under the President's Office, is only partially independent of the government. The DICT is responsible for developing and implementing legislation, regulations, and policies related to telecommunications and associated services.
Coverage Telecommunications sector
SEYCHELLES
Since November 2013
Pillar Cross-border data policies |
Indicator Local storage requirement
Financial Leasing Act, 2013
According to Section 56.1 of the Financial Leasing Act, every financial leasing institution shall maintain in the Seychelles for a period of at least seven years certain records, including customer identification records, during and after termination of the customer relationship; transaction records showing, for each customer, at least on a daily basis, particulars of its transactions with or for the account of that customer, and the balance owing to or by that customer. According to Section 56.2, every record shall be kept in written form or digital format, and it shall be the duty of the financial leasing institution to ensure that adequate data recovery systems and procedures are in place.
Coverage Financial leasing institutions
SEYCHELLES
Since December 2023
Pillar Cross-border data policies |
Indicator Conditional flow regime
Data Protection Act, 2023
Section 47 of the Data Protection Act provides that personal data shall not be transferred outside Seychelles unless the data processor in the recipient country or territory ensures a comparable level of protection for the rights and freedoms of data subjects in relation to the processing of personal data. In addition, the Commission may authorise the transfer of personal data to another country provided that the recipient country is part of a cross-border privacy rules system that ensures that: (i) cross-border rules system standards are legally enforceable against the data controllers and data processors as part of the certification system; and (ii) data controllers and data processors have implemented security measures using a risk-based approach proportional to the probability of the threat and severity of the harm, the confidential nature of the information processed and the number of data subjects affected. The Commission may prohibit the transfer of data under this section as may be necessary in the public interest.
Coverage Horizontal
