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MADAGASCAR

Since July 2016

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Nationality/residency requirement for directors or managers
Law No. 2016-029 of 14 July 2016 on the Media Communication Code (Loi N. 2016-029 du 14 Juin 2016 portant code de la Communication Médiatisée)
According to Art. 85, the publication director of a media communication enterprise (including journalistic publication enterprises on the Internet) must have a fiscal residence in Madagascar, be of age, enjoy civil and civic rights, and not have been the target of a judicial conviction.
Coverage Media communication

MADAGASCAR

Since January 2017

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Law No. 2016-055 of 25 January 2017 on the Public Procurement Code (Loi No. 2016-055 du 25 Janvier 2017 portant Code des Marchés Publics)
According to Art. 49-I and II of Law No. 2016-055, any contracting authority may apply a margin of preference not exceeding 15% to a tender submitted by an international tenderer who intends to subcontract at least 25% of the overall value of the contract concerned to a local or community small and medium-sized enterprise (SMEs). Moreover, in awarding a contract with an international scope, preference may be given to the tender submitted by a national company. This preference shall be quantified as a percentage of the tender value.
Coverage Horizontal

MADAGASCAR

Reported in 2021, last reported in 2024

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
It is reported that numerous government procurement deals occur outside the formal tendering process, despite regulations are in place to prevent conflicts of interest in public procurement. Furthermore, despite legal provisions stating that private enterprises engaging in corrupt practices to obtain permits, licenses, or authorisations are barred from government procurement, multiple reports highlight instances of corruption within the public procurement sector that have adversely affected foreign companies. Additionally, contractors involved in government infrastructure projects have expressed dissatisfaction due to delayed payments, which have disrupted their operations.
Coverage Horizontal

MADAGASCAR

N/A

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Signatory of the World Trade Organization (WTO) Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Madagascar is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal

MADAGASCAR

Reported in 2015, last reported in 2023

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Maximum foreign equity shares in the telecommunications sector
Although Art. 3 of the Law No. 2023-002 of 27 July 2023 on Investment stipulates that any natural or legal person, Malagasy or foreign, is free to invest and settle on the national territory, it is reported that foreign investors can own up to 66% of shares in the telecom sector.
Coverage Telecommunications sector
"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 = 'MG')\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":"69956"},{"post_id":"69957"},{"post_id":"69958"}]
"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 = 'MG')\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 = 'MG')\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"}]

MADAGASCAR

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)
8.44%
Coverage rate of zero-tariffs on ICT goods (%)
20.4%
Coverage: Digital goods

MADAGASCAR

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)
Madagascar is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods

LIBYA

Since December 2020

Pillar Online sales and transactions  |  Sub-pillar Restrictions on online payments
Circular No. 9-2020 Controls governing the procedures for opening documentary credits and selling foreign exchange for personal purposes, study, treatment, and expatriates (منشور ا ر م ن ر قم ( 2020/9) التاريخ: 14 جمادى الأول 1442 هـ 2020/12/31 الموافق)
Art. 2 of Circular No. 9-2020 of the Central Bank of Libya stipulates that banks are granted the powers to decide on the sale of foreign exchange for personal purposes through the national number of every Libyan citizen aged eighteen years or older and within certain limits. The maximum amount transferred per person through all banks operating in Libya, whether through Visa or MasterCard cards or quick transfers, is USD 20,000 or its equivalent in other currencies per year. Additionally, the limit for issued Visa or MasterCard cards should not exceed an amount of USD 10,000 or its equivalent in other currencies per year.
Coverage E-payments

LIBYA

Since November 2017

Pillar Online sales and transactions  |  Sub-pillar Restrictions on online payments
Circular No. 10-2017 on controls and instructions for electronic payment services using mobile phones and eWallets
Circular No. 10-2017 sets limits for electronic payments using mobile phones or eWallets. A monthly limit applies to transactions as follows: 1,000 LYD (approx. USD 207) for individuals, 10,000 LYD (approx. USD 2,070) for small merchants or enterprises, 20,000 LYD (approx. USD 4,150) for medium merchants or enterprises and 50,000 LYD (approx. USD 10,350) for large merchants or enterprises. It also sets a monthly account limit of 3,000 LYD (approx. USD 620) for individuals, 10,000 LYD (approx. USD 2,070) for small merchants or enterprises, 20,000 LYD (approx. USD 4150) for medium merchants or enterprises and 50,000 LYD (approx. USD 10,350) for large merchants or enterprises.
Coverage E-payments

LIBYA

Since March 2020

Pillar Online sales and transactions  |  Sub-pillar Restrictions on online payments
Regulations issued by the National Payments Council regarding Electronic Payment Services, 2020
(لائحة خدمات الدفع الإلكتروني الصادرة عن مجلس المدفوعات الوطني مارس 2020)
Art. 9 of the Regulations issued by the National Payments Council regarding electronic payment services stipulates any electronic payment service must be prepaid and in LYD. Art 1 defines electronic payment services as services related to managing electronic money or issuing and managing pre-paid payment methods.
Art. 10 requires eWallet or mobile payments service providers to have a single bank account in one of the commercial banks of Libya that is dedicated to aggregating all payments by users. It prohibits the use of the account for any other use.
Coverage E-payments

LIBYA

Reported in 2022, last reported in 2023

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
It is reported that Libya does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal

LIBYA

Since June 2010

Pillar Online sales and transactions  |  Sub-pillar Restrictions on domain names
Local presence requirement for domain names
“.ly” is the country code top-level domain (ccTLD) for the Libyan Arab Jamahiriya, managed by the Libyan Spider Network. Anyone can register domain names with the “.ly” extension for a minimum period of one year. The official website of Libya's top-level domain registry states that there are no requirements for local presence or the appointment of a local representative. However, since 2010, as announced by the Libyan Spider Network, all “.ly” domain names shorter than four characters may only be registered by companies with a presence in Libya, and the registration must be processed through Libya Telecom and Technology. In addition, according to the official website for the top-level domain of Libya's registry, domain names must not contain "obscene, scandalous, indecent, or contrary to Libyan law or Islamic morality words, phrases nor abbreviations".
Coverage Horizontal

LIBYA

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
Libya lacks a comprehensive framework for consumer protection that applies to online transactions. However, Arts. 48-57 of Law No. 6-2022 on electronic transactions sets some rules for the relationship between the seller and consumer in electronic commerce transactions. A proposed draft legislation is supposed to fill in this gap. It has been in the pipeline since 2017. It explains that the law will be applicable to electronically delivered services and to advertisers using all kinds of media tools. The government submitted the draft law to legislative authorities for consideration in June 2023 and the law has still not been adopted.
Coverage Horizontal

LIBYA

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 of Electronic Communications
Libya has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

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