SENEGAL
Since September 2010, last amended in December 2022
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Decree No. 2022-2295 of 28 December 2022 on the Public Procurement Code (Décret No. 2022-2295 du 28 décembre 2022 portant Code des marchés publics)
According to Art. 50 of Decree No. 2022-2295, for contracts awarded on the basis of an international call for tenders, preference is given to candidates governed by Senegalese law or West African Economic and Monetary Union (WAEMU) member countries and to candidates whose bids include only products of Senegalese origin or from WAEMU member countries, over candidates governed by non-Community law, provided that their bids are not more than 15% higher than those of the lowest bidder.
Coverage Horizontal
SENEGAL
Since September 2010, last amended in December 2022
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Decree No. 2022-2295 of 28 December 2022 on the Public Procurement Code (Décret No. 2022-2295 du 28 décembre 2022 portant Code des marchés publics)
According to Art. 6 of Decree No. 2022-2295, contracting entities with an annual budget exceeding an amount defined by the order of the Minister of Finance are obliged to dedicate 5% of the total value of their annual contracts to social economy actors and national SMEs. Within this percentage, 2% is reserved for SMEs led by women.
Coverage Horizontal
SENEGAL
Since September 2010, last amended in December 2022
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Decree No. 2022-2295 of 28 December 2022 on the Public Procurement Code (Décret No. 2022-2295 du 28 décembre 2022 portant Code des marchés publics)
According to Art. 48 of Decree No. 2022-2295, the holder of a public works or public service contract may subcontract up to 40% of the contract's value. Priority must be given to small and medium-sized enterprises (SMEs) governed by Senegalese law or to SMEs within the Community.
Coverage Horizontal
SENEGAL
Since September 2010, last amended in December 2022
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Decree No. 2022-2295 of 28 December 2022 on the Public Procurement Code (Décret No. 2022-2295 du 28 décembre 2022 portant Code des marchés publics)
Pursuant to Art. 60 of Decree No. 2022-2295, contracting authorities may incorporate local content requirements among the award criteria in tender documents. These may include (i) employment and vocational training initiatives; (ii) efforts to integrate artisans, social economy structures, and local small and medium-sized enterprises (SMEs); and (iii) specific measures related to sustainable development, such as waste management. These criteria must be clearly outlined in the specifications and quantified either in monetary terms or as evaluation criteria.
Coverage Horizontal
SENEGAL
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)
10.15%
Coverage rate of zero-tariffs on ICT goods (%)
3.02%
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.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
SENEGAL
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)
Senegal 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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SAO TOME AND PRINCIPE
N/A
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
São Tomé e Príncipe does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties. However, it is reported that the country applies informally a de minimis threshold of 29 USD.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230227012953/https://global-express.org/assets/files/GEA%20De%20Minimis%20Country%20information_4%20November%202021.pdf
- https://zhenhub.com/blog/customs-duty-de-minimis-import-duty-rates-by-country-2024/
- https://zhenhub.com/blog/customs-duty-de-minimis-values-by-country-2022/
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SAO TOME AND PRINCIPE
N/A
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
São Tomé e Príncipe lacks a comprehensive framework for consumer protection that applies to online transactions.
Coverage Horizontal
SAO TOME AND PRINCIPE
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 United Nations (UN) Convention on the Use of Electronic Communications
São Tomé e Príncipe has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
SAO TOME AND PRINCIPE
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
São Tomé e Príncipe has not adopted national legislation based on the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
SAO TOME AND PRINCIPE
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
São Tomé e Príncipe has not adopted national legislation based on the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signature.
Coverage Horizontal
SAO TOME AND PRINCIPE
Reported in 2022
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Supplier Declaration of Conformity allowed for foreign businesses
Self-certification is allowed in São Tomé e Príncipe for radio transmission, electromagnetic interference (EMI) or electromagnetic compatibility (EMC). São Tomé e Príncipe allows foreign companies to self-certify that they comply with these standards through a Supplier Declaration of Conformity (SDoC).
Coverage Electronic products
Sources
- https://web.archive.org/web/20230518055527/https://www.stp-press.st/2023/05/17/uit-vai-ajudar-sao-tome-e-principe-a-modernizar-os-servicos-das-telecomunicacoes/
- https://ager.st/images/Decreto_28_2011_Licenca_STPC.pdf
- https://ager.st/documentation/decreto_lei_3_2004.pdf
- https://web.archive.org/web/20231025063640/https://www.itu.int/en/membership/Documents/signatories-pp10.pdf
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SAO TOME AND PRINCIPE
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
A basic legal framework on intermediary liability beyond copyright infringement is absent in São Tomé e Príncipe's law and jurisprudence.
Coverage Internet intermediaries
SAO TOME AND PRINCIPE
Since August 2012
Pillar Intermediary liability |
Indicator User identity requirement
Regulation on the Registration and Identification of SIM Cards – Decree No. 20 of 2012 (Decreto No. 20/2012 - Regulamento sobre Registo de Identificação dos Cartões SIM
Arts. 7 and 8 of Decree No. 20/2012 impose that the purchasers of SIM cards register their names and national identity numbers before the telecommunications operators.
Coverage Telecommunications sector