CHAD
Since January 1978
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Chad is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
CHAD
Since February 1999, entry into force in February 2002, last amended in December 2015
Since December 2019, entry into force in March 2020
Since December 2019, entry into force in March 2020
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the application process for patents
Bangui Agreement Relating to the Creation of an African Intellectual Property Organization, Constituting a Revision of the Agreement Relating to the Creation of an African and Malagasy Office of Industrial Property (Bangui (Central African Republic), 2 March 1977) (Accord de Bangui relatif à la création d'une Organisation Africaine de la Propriété Intellectuelle, constituant révision de l'Accord relatif à la création d'un Office Africain et Malgache de la Propriété Industrielle (Bangui (République centrafricaine), le 2 mars 1977)
Regulations on the profession of Authorised Agent before the African Intellectual Property Organisation (Règlement sur la profession de Mandataire agréé auprès de l'Organisation Africaine de la Propriété Intellectuelle)
Regulations on the profession of Authorised Agent before the African Intellectual Property Organisation (Règlement sur la profession de Mandataire agréé auprès de l'Organisation Africaine de la Propriété Intellectuelle)
According to the Bangui Agreement, ratified by 17 French-speaking States, including Chad, applicants resident outside the territory of the member States must file through an agent selected in one of those member States (Section III, Art. 8). The professional status of agent accredited to the African Intellectual Property Organisation (OAPI) is governed by the Regulations on the profession of Authorised Agent before the OAPI.
Coverage Horizontal
Sources
- https://www.wipo.int/wipolex/en/text/582620
- http://www.oapi.int/Ressources/reglement_mandataire/REGLEMENT_PROFESSION_MANDATAIRE.pdf
- http://www.droit-afrique.com/images/textes/Afrique/OAPI/OAPI%20-%20Guide%20depot%20brevet.pdf
- https://pctlegal.wipo.int/eGuide/view-doc.xhtml?doc-code=TD&doc-lang=en#GENERAL%20INFO
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CHAD
Reported in 2022
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Nationality/residency requirement for directors or managers
Residency requirement
It is reported that one shareholder and one director must be resident in Chad for registration of a branch. Nationality and residency requirement for board of directors or managers do not apply to Limited Liability and Public Liability Companies.
Coverage Horizontal
CHAD
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Chad is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal
CHAD
Since May 2020
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Decree No. 002130/PR/2020 on the Code of Public Procurement
According to Art. 80 of the Code of Public Procurement: "The Client or the Client's representative may decide when preparing the international tender dossier to give preference to the bidders mentioned below, provided that their offer is deemed to conform to that of the highest bidder and that the price offered is not more than 15% higher than that offered by the latter. This preference can be given:
- To craftsmen and business leaders of Chadian nationality, individually or in groups;
- To companies whose majority of the share capital belongs either to natural persons of Chadian nationality or to legal persons governed by Chadian law whose majority of the capital is held by natural persons of Chadian nationality."
According to Art. 126 of the Code: "When awarding a contract (...) priority is given to the economically and technically most advantageous tender according to the evaluation criteria fixed in the consultation file, to the submission presented by:
- A natural person of Chadian nationality or a legal person under Chadian law;
- A natural person or a legal person justifying an economic activity in the National Territory;
- Business groups associating Chadian companies or providing for significant subcontracting to nationals."
- To craftsmen and business leaders of Chadian nationality, individually or in groups;
- To companies whose majority of the share capital belongs either to natural persons of Chadian nationality or to legal persons governed by Chadian law whose majority of the capital is held by natural persons of Chadian nationality."
According to Art. 126 of the Code: "When awarding a contract (...) priority is given to the economically and technically most advantageous tender according to the evaluation criteria fixed in the consultation file, to the submission presented by:
- A natural person of Chadian nationality or a legal person under Chadian law;
- A natural person or a legal person justifying an economic activity in the National Territory;
- Business groups associating Chadian companies or providing for significant subcontracting to nationals."
Coverage Horizontal
CHAD
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 (ITA) and in ITA Expansion Agreement (ITA II)
Chad is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
CHAD
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)
13.68%
Coverage rate of zero-tariffs on ICT goods (%)
0.21%
Coverage: Digital goods
CENTRAL AFRICAN REPUBLIC
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
The CAR 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
CENTRAL AFRICAN REPUBLIC
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention of Electronic Communications
Lack of ratification of the UN Convention on the Use of Electronic Communications in International Contracts
The CAR has signed but not ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
CENTRAL AFRICAN REPUBLIC
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
The CAR 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
CENTRAL AFRICAN REPUBLIC
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
CAR does not have a legal framework that applies consumer protection to online transactions.
Coverage Horizontal
CENTRAL AFRICAN REPUBLIC
Since December 2018, enter into force in March 2019
Since June 2019
Since June 2019
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
Regulation No. 02/18/CEMAC/UMAC/CM of 21 December 2018 on foreign exchange regulations in CEMAC (Règlement No. 02/18/CEMAC/UMAC/CM du 21 décembre 2018 portant réglementation des changes dans la CEMAC)
Instruction No. 8/GR/2019 on the conditions and modalities for use of electronic payment instrument outside CEMAC (Instruction No. 008/GR/2019 relative aux conditions et modalités d'utilisation à l'extérieur de la CEMAC des instruments de paiement électronique)
Instruction No. 8/GR/2019 on the conditions and modalities for use of electronic payment instrument outside CEMAC (Instruction No. 008/GR/2019 relative aux conditions et modalités d'utilisation à l'extérieur de la CEMAC des instruments de paiement électronique)
According to the Instruction No. 8/GR/2019 issued by the Governor of the Bank of Central African States to facilitate the interpretation and implementation of the Economic and Monetary Community of Central Africa (CEMAC) Regulation 02/18/CEMAC/UMAC/CM, for the remote settlement of transactions, including online payments, the limit is 1 million XAF (approx. USD 1,700) per month and per person. According to Arts. 7-8 above this limit, justification needs to be provided before or after operation within 30 days by any means providing acknowledgment thereof. The Instruction provides guidance on the provision of Art. 34 of the Regulation, which implements certain limits for the use of electronic payment instruments outside the CEMAC and applies to the six CEMAC member states, including the CAR.
Coverage Electronic payment instruments
Sources
- https://www.droit-afrique.com/uploads/CEMAC-Reglement-2018-02-changes.pdf
- https://www.beac.int/wp-content/uploads/2020/07/Instruction-n%C2%B008-GR-2019-on-the-conditions-and-modalities-for-use-of-electronics-payment-instrument-outside-CEMAC.pdf
- https://clarenceabogados.com/client-alert/beac-instructions-to-foreign-exchange-regulations/
- https://www.anif.cm/images/pdfanif/reglement_anglais.pdf
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CENTRAL AFRICAN REPUBLIC
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 50, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
CENTRAL AFRICAN REPUBLIC
Since January 2018
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Restrictions on encryption standards
Law No. 18.002 governing electronic communications in the Central African Republic (Loi No. 18.002 régissant les communications électroniques en République Centrafricaine)
Art. 100 of Law No. 18.002 provides that, in order to preserve the interests of internal or external State security and national defence, the supply, operation or use of cryptology means or services must be subject to the:
- Prior declaration regime when the only purpose of this means or service is to authenticate a communication or to ensure the integrity of the message.
- Authorisation regime, with a written opinion from the Minister in charge of national security and internal security in other cases.
The Electronic Communications and Postal Regulatory Authority (ARCEP) must lay down the conditions under which the declaration or authorization must be made or granted. It may provide for a simplified declaration or authorization regime for certain types of equipment or services or for certain categories of users (Art. 101).
- Prior declaration regime when the only purpose of this means or service is to authenticate a communication or to ensure the integrity of the message.
- Authorisation regime, with a written opinion from the Minister in charge of national security and internal security in other cases.
The Electronic Communications and Postal Regulatory Authority (ARCEP) must lay down the conditions under which the declaration or authorization must be made or granted. It may provide for a simplified declaration or authorization regime for certain types of equipment or services or for certain categories of users (Art. 101).
Coverage Horizontal
CENTRAL AFRICAN REPUBLIC
Since May 2019
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Self-certification for product safety
Law No. 19.004 of May 10, 2019 on Standardization, Certification, Accreditation, and Promotion of Quality in the Central African Republic (Loi No. 19.004 du 10 Mai 2019 portant Normalisation, Certification, Accréditation, et Promotion de la Qualité en République Centrafricaine)
According to Law No. 19.004 of May 10, 2019 on Standardization, Certification, Accreditation, and Quality Promotion in the Central African Republic, the accreditation is carried out within the framework of a national system, in accordance with the Regulation of the Economic and Monetary Community of Central Africa (CEMAC) or internationally recognized, for a permanent assessment of the competence of analysis, testing and calibration laboratories, inspection bodies, education, health, control and certification (Art. 22). Art. 13 of Law authorizes equivalent standards in the case of public procurement.
It is reported that all products exported to the CAR (from Chapter 02 to Chapter 99 of the Harmonized System) are subject to the Pre-shipment Inspection Programme. Third-party results may be accepted under certain conditions. The following are accepted:
- Laboratories accredited according to ISO/IEC 17025 or equivalent;
- Supplier/producer's laboratories, provided that the installation is under a certified quality management system of the company, and whose key elements of the ISO/CEI 17025 standard are respected. The text of the law is not available online.
It is reported that all products exported to the CAR (from Chapter 02 to Chapter 99 of the Harmonized System) are subject to the Pre-shipment Inspection Programme. Third-party results may be accepted under certain conditions. The following are accepted:
- Laboratories accredited according to ISO/IEC 17025 or equivalent;
- Supplier/producer's laboratories, provided that the installation is under a certified quality management system of the company, and whose key elements of the ISO/CEI 17025 standard are respected. The text of the law is not available online.
Coverage Horizontal