Database

Browse Database

DEMOCRATIC REPUBLIC OF CONGO (DRC)

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

DEMOCRATIC REPUBLIC OF CONGO (DRC)

Since April 2010
Since June 2010

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Law No. 10/010 on Public Procurement Law (Loi No. 10/010 du 27 Avril 2010 Relative aux Marches Publics)

Decree No. 10/22 of 2 June 2010 on the Guidelines for the Application of Law Related to Public Procurement (Decret No.10/22 du 02 juin 2010 Portant Manuel de Procedures de la Loi Relative aux Marches Publics)
The 2010 Public Procurement Law provides that a public administration can limit their participation through domestic preference granted to national and regional companies. Art. 37.5 considers nationality, residency, regional presence, and cooperation partners as criteria to provide a preference that would result in a reduction in the tenderer's financial offer. Art. 86 of Decree No. 10/22, laying down guidelines for the application of the Law related to Public Procurement, requires tender offers to explicitly mention "national preference" when publishing tenders that apply this requirement.
Coverage Horizontal

DEMOCRATIC REPUBLIC OF CONGO (DRC)

N/A

Pillar Public procurement of ICT goods and online services  |  Indicator Signatory of the 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)
DRC is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal

DEMOCRATIC REPUBLIC OF CONGO (DRC)

Since November 2020, entry into force in September 2021

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Law No. 20/017 on Telecommunications and Information and Communication Technologies (Loi No. 20/017 du 25 novembre 2020 relative aux Télécommunications et aux Technologies de l'Information et de la Communication)
According to Art. 40 of Law No. 20/017 on Telecommunications and Information and Communication Technologies, the legal entity benefiting from a licence must adopt the form of a Société Anonyme (‘S.A’). Without prejudice to agreements and conventions to which the Congolese State is a party, at least thirty per cent (30%) of the share capital of the aforementioned company must be allocated as follows:
- At least 25% must be held by Congolese natural or legal persons whose shares are owned by Congolese natural persons. This subscription must be paid within three years of the company’s incorporation.
- 5% is reserved for Congolese employees of the company.
In the event that the 30% threshold mentioned above is not met, the company may still be incorporated, provided the share reserved for Congolese workers is guaranteed.
Coverage Telecommunications sector

DEMOCRATIC REPUBLIC OF CONGO (DRC)

N/A

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Requirement to engage in joint ventures to invest or operate
Joint venture requirement
It is reported that, in practice, the DRC requires foreign investors to hire local agents and participate in a joint venture with the government or local partners.
Coverage Horizontal
"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 = 'CD')\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":"98948"},{"post_id":"98949"},{"post_id":"98950"}]
"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 = 'CD')\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 = 'CD')\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"}]

DEMOCRATIC REPUBLIC OF CONGO (DRC)

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)
9.52%
Coverage rate of zero-tariffs on ICT goods (%)
0%
Coverage: ICT goods

CYPRUS

Since June 2014
Since 2013, last amended in 2021

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU

Consumer Protection Law of 2021 Ν. 112(Ι)/2021 (Νομος που προβλεπει για την προστασια του καταναλωτη Ν. 112(Ι)/2021)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Consumer Protection Law of 2021 Ν.112(Ι)/2021. The law gives the Consumer Protection Service wider authority to impose sanctions, including administrative fines, and to apply to the court for injunctions in cases of violations. The legislation consolidates the laws in relation to consumer rights, unfair commercial practices, misleading and comparative advertising, unfair terms in contracts, indication of product prices, conditions for the sale of goods at discount prices, and product guarantees.
Coverage Horizontal

CYPRUS

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

CYPRUS

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Cyprus 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

CYPRUS

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Cyprus 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

CYPRUS

Since March 2010, entry into force in May 2010, last amended in 2018
Since January1998, as amended in May 2021

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Local content requirements (LCRs) on ICT goods for the commercial market
Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive)

Law on Radio and Television organizations of 1998 (7(I)/ 1998) (Ο περί Ραδιοφωνικών και Τηλεοπτικών Οργανισμών Νόμος του 1998 (7(I)/1998))
The EU Directive on Audiovisual Media Services (AVMS) covers traditional broadcasting services as well as audiovisual media services provided on-demand, including via the Internet. Art. 13.1 provides for Member States to secure a minimum 30% share of European works in the catalogues as well as "ensuring prominence" of those works. "Prominence" involves promoting European works by facilitating access to such works using any appropriate means to ensure their prominence. The Directive has been implemented by Member States in different ways, ranging from very extensive and detailed measures to a mere reference to the general obligation to promote European works.
In Cyprus, the EU Directive was transposed into domestic law through the amendment of Law 7(I)/1998 of May 2021 (197(I)/2021). According to Art. Art. 31Α of the law, audiovisual service providers are required to retain at least 30% of their catalogues for European works and to display them prominently. Cyprus has not implemented financial contribution obligations to VOD service providers.
Coverage Audiovisual Media Services

CYPRUS

Since May 2014

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Directive 2014/61/EU on measures to reduce the cost of deploying high-speed electronic communications networks
It is reported that passive sharing is mandated and is effective in both the mobile (based on commercial agreements) and fixed sectors. In addition, Directive 2014/61/EU (Art. 3.2) establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator must meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks. Such written request shall specify the elements of the project for which the access is requested, including a specific time frame.
Coverage Telecommunications sector

CYPRUS

Reported in 2020, last reported in 2023

Pillar Telecom infrastructure & competition  |  Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The Cypriot State owns the majority of shares of the Cypriot Telecommunications Authority (Cyta), which is the incumbent telecom operator.
Coverage Telecommunications sector

CYPRUS

N/A

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that Cyprus does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, obligated companies (i.e. companies that have been designated as such by a decision of the Commissioner for a relevant market) must prepare and make available to the Commissioner their separate accounts of revenues and costs of supply of goods and/or services.
Coverage Telecommunications sector

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