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MALI

Since July 2009

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The Telecommunications Company of Mali (SOTELMA), or Sotelma-Malitel, has been privatised. It operates under the brand Moov Africa Malitel, whose services are landline, mobile, Internet and electronic money (Mobicash). The supplier (Maroc Telecom Group) holds 51% and the Malian State (49%) of participation.
Coverage Telecommunications sector

MALI

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
It is reported that Mali mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector

MALI

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Signature of the World Trade Organization (WTO) Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Mali has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

MALI

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Malian Authority for the Regulation of Telecommunications and Posts (AMRTP), 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

MALI

N/A

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Participation in the World Trade Organization (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)
Mali is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'ML')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"70162"},{"post_id":"70163"},{"post_id":"70164"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'ML')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'ML')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"1.00"}]

MALI

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
9.87%
Coverage rate of zero-tariffs on ICT goods (%)
4.61%
Coverage: Digital goods

MALAWI

Since October 2016

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
Communications Act of 2016
Section 96 of the Communications Act requires a licensee to use approved types of equipment for connection to an electronic network. The Communications Authority may, at the request of any licensee, manufacturer or supplier of equipment, conduct type approval tests and issue type approval certificates with respect to electronic communications equipment intended for use in Malawi. The Communication (Type Approval) Regulations, which provides for a list of approved, prohibited and exempted electronic equipment, is, however, in draft form, presently at the consultation stage.
Coverage Telecom equipment

MALAWI

Since November 2016, entry into force in June 2017

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Restrictions on encryption standards
Electronic Transactions and Cybersecurity Act of 2016
Sections 52 and 53 of the Electronic Transactions and Cybersecurity Act of 2016 require cryptography services or products to be registered with the Communications Authority. Furthermore, the use, importation, and exportation of encryption programs and products are subject to government authorisation. Section 67 of the Act mandates that encryption service providers disclose the technical characteristics of their encryption methods and the source code of the software used to the Authority. Non-compliance with these regulations constitutes a criminal offence, punishable by imprisonment and a fine.
Coverage Encryption services

MALAWI

Since May 2019

Pillar Online sales and transactions  |  Sub-pillar Restrictions on online payments
Payment Systems (E-Money) Regulations, 2019
According to Section 18 of Payment Systems (E-money) Regulations, the Reserve Bank shall prescribe limits on transaction values and balance limits on e-money accounts for individual subscribers and agents. E-money accounts for corporate bodies shall be exempted from transaction and balance limits. In addition, for purposes of the Regulation, 'transaction limits' are established as the limits for the total value of transactions originating from a mobile money account and involving a transfer of e-value out of that account. According to the second annexe of the regulations, the maximum transaction limits are:
- K750,000.00 (approx. USD 737) per day for personal subscriber accounts;
- K20,000,000.00 (approx. USD 19,700) per day for agents; or
- K100,000,000.00 (approx. USD 98,300) per day for merchants.
In addition, the account balance limits are:
- K1,000,000.00 (approx. USD 980) on personal subscriber accounts;
- K25,000,000.00 (approx. USD 24,600) on agent accounts; or
- K100,000,000.00 (approx. USD 98,300) for merchants.
Coverage Mobile payment services

MALAWI

Reported in 2023

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 60, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

MALAWI

Since September 2016

Pillar Online sales and transactions  |  Sub-pillar Local presence requirements for digital services providers
Payment Systems Act of 2016
The law in Malawi provides for local presence requirements for payment systems operators. Section 14 of the Payment Systems Act requires all systems operators (i.e. non-bank financial institutions, mobile payment system operators, remittance service providers, card issuers, or other persons as licensed or authorised by the Reserve Bank) to have a registered office in the country.
Coverage Financial sector

MALAWI

Since November 2016, entry into force in June 2017

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Electronic Transactions and Cybersecurity Act of 2016
The Electronic Transactions and Cybersecurity Act of 2016 provides a comprehensive consumer protection framework that applies to online transactions. Consumer protection for online purchases is provided in Part V of the Act of 2016. Among others, the Act binds the supplier to deliver the goods or to provide the services immediately upon conclusion of the contract; mandates the supplier to make available security procedures and privacy policy in respect of payment, payment information, and personal information of the consumer; and gives rights to the consumer to withdrawal from a contract concluded by electronic means without giving reasons and without penalties.
Coverage Horizontal

MALAWI

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the United Nations (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
Malawi has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

MALAWI

Since 2016

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Malawi 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

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