CENTRAL AFRICAN REPUBLIC
Since January 2018
Pillar Quantitative trade restrictions for ICT goods, products and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Law No. 18.002 governing electronic communications in the Central African Republic (Loi No. 18.002 régissant les communications électroniques en République Centrafricaine)
According to Art. 147 of Law No. 18.002, the importation of cryptology equipment without prior authorisation attracts a penalty of between one and five million CFA francs (approx. USD 1,760 - 8,810), imprisonment of between one and three months, or both.
Coverage Cryptology equipment
CENTRAL AFRICAN REPUBLIC
Since January 2018
Pillar Quantitative trade restrictions for ICT goods, products and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Law No. 18.002 governing electronic communications in the Central African Republic (Loi No. 18.002 régissant les communications électroniques en République Centrafricaine)
According to Law No. 18.002, the introduction of satellite telephones into the country is subject to authorization by the competent authorities. According to Art. 62 of the law, any sale of a satellite phone must be reported to the regulatory authority along with the buyer's details.
Coverage Satellite phones
CENTRAL AFRICAN REPUBLIC
Reported in 2021
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Blocking of commercial web content
It is reported that in February 2021, the Ministry of Posts and Telecommunications blocked access to two independent online newspapers, "corbeaunews-centrafrique.com" and "letsunami.net". Both were accused of disseminating hate speech, misinformation, and fake news on social networks.
Coverage Online newspapers
CENTRAL AFRICAN REPUBLIC
Since January 2018
Pillar Intermediary liability |
Sub-pillar User identity requirement
Law No. 18.002 governing electronic communications in the Central African Republic (Loi No. 18.002 régissant les communications électroniques en République Centrafricaine)
According to Art. 61 of Law No. 18.002 of January 17, 2018, governing electronic telecommunications in CAR, operators are required to proceed with the identification of all their subscribers. It is reported that there is an identity requirement for SIM cards since 2014.
Coverage Telecommunications sector
CENTRAL AFRICAN REPUBLIC
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
It is reported that a basic legal framework on intermediary liability for copyright infringement is absent in The Central African Republic's law and jurisprudence.
Coverage Internet intermediaries
CENTRAL AFRICAN REPUBLIC
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringements
It is reported that a basic legal framework on intermediary liability for copyright infringement is absent in The Central African Republic's law and jurisprudence.
Coverage Internet intermediaries
CENTRAL AFRICAN REPUBLIC
N/A
Pillar Domestic Data policies |
Sub-pillar Framework for data protection
Lack of comprehensive data protection legislation
The country does not have a comprehensive data protection law. However, there is a sectoral law that applies to the telecommunications sector. The Law No. 18.002 of January 17, 2018 governing electronic telecommunications mentions the protection of the privacy of users of electronic communication networks and services (Arts. 112-115) and the protection of personal data (Arts. 116-126).
Coverage Horizontal
CENTRAL AFRICAN REPUBLIC
N/A
Pillar Cross-border data policies |
Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of binding commitment on data flows
CAR has not signed any agreement with binding commitments on data transfer across-border.
Coverage Horizontal
CENTRAL AFRICAN REPUBLIC
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
The CAR has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
CENTRAL AFRICAN REPUBLIC
Since May 2017
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of independent telecom authority
Law No. 17.020 of May 2017 establishing the Regulatory Authority for Electronic Communications and Posts in CAR (Loi No. 17.020 de mai 2017 portant création de l'Autorité de Régulation des Communications Électroniques et des Postes en RCA )
According to Art. 2 of Law No. 17-020, the Electronic Communications and Postal Regulatory Authority (ARCEP), 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
CENTRAL AFRICAN REPUBLIC
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
It is reported that the government owns 60% of Société Centrafricaine de Télécommunications (SOCATEL) stock. SOCATEL is the leading telecommunications and Internet service provider in the Central African Republic.
Coverage Telecommunications sector
CENTRAL AFRICAN REPUBLIC
Since January 2018
Pillar Telecom infrastructure and competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Law No. 18.002 governing electronic communications in the Central African Republic (Loi No. 18.002 régissant les communications électroniques en République Centrafricaine)
It is reported that the Central African Republic imposes functional and accounting separation on operators with significant market power (SMP) in the telecommunications sector. According to Law No. 18.002, the regulatory authorities may impose on the dominant operator, accounting separation operations with respect to certain activities in the field of interconnection and/or access (Art. 50).
Coverage Telecommunications sector
CENTRAL AFRICAN REPUBLIC
Since February 2019
Since January 2018
Since January 2018
Pillar Telecom infrastructure and competition |
Sub-pillar Passive infrastructure sharing obligation
Decree No. 9.042 of 20 february 2019, defining the obligations of sharing electronic communications infrastructure (Décret No. 9.042 du 20 février 2019 définissant les obligations de partage d'infrastructure de communications électroniques)
Law No. 18.002 governing electronic communications in the Central African Republic (Loi No. 18.002 régissant les communications électroniques en République Centrafricaine)
Law No. 18.002 governing electronic communications in the Central African Republic (Loi No. 18.002 régissant les communications électroniques en République Centrafricaine)
There is an obligation for passive infrastructure sharing in the Central African Republic to deliver telecom services to end users under Decree No. 9.042, pursuant to Arts. 35 and 42 of Law No. 18.002.
Coverage Telecommunications sector
CENTRAL AFRICAN REPUBLIC
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Lack of comprehensive trade secret regime
The Central African Republic does not have a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. The country has established provisions addressing disclosure, acquisition or use of confidential information in the course of industrial or commercial activities by third parties in Art. 6 of Annex VIII of the Bangui Agreement ratified by 17 French-speaking States, including Central African Republic since 2002.
Coverage Horizontal
CENTRAL AFRICAN REPUBLIC
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
The CAR has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal