SIERRA LEONE
Since August 2009
Since November 2015
Since November 2015
Pillar Foreign Direct Investment in sectors relevant to digital trade |
Sub-pillar Nationality/residency requirement for directors or managers
Companies Act, 2009 (No. 5)
Companies Regulations, 2015
Companies Regulations, 2015
Although Section 247 of the Companies Act requires companies to keep a register of its directors, including their names, nationality, and usual residential address, it does not state whether any of the directors are required to reside in the country. However, Section 485 of the Act mandates foreign companies operating in Sierra Leone to submit some documents/information, which includes, among other things, the name, address and occupation of the person authorised to manage the company in Sierra Leone; and the names and addresses of one or more persons resident in Sierra Leone authorised to accept on behalf of the company service of process and any notices required to be served on the company. The provisions of Section 485 suggest that an officer or a representative of the company is required to be resident in Sierra Leone.
In addition, Section 14 of the Companies Regulations of 2015 provides that foreign nationals may hold equity in any private business enterprise and undertake any type of business in Sierra Leone, but foreign nationals serving as executive directors shall submit to the Corporate Affairs Commission (CAC) residence and work permit before undertaking, in part or whole, any business enterprise in Sierra Leone. The need to submit residence and work permits to the CAC suggests they are expected to be resident in the country.
In addition, Section 14 of the Companies Regulations of 2015 provides that foreign nationals may hold equity in any private business enterprise and undertake any type of business in Sierra Leone, but foreign nationals serving as executive directors shall submit to the Corporate Affairs Commission (CAC) residence and work permit before undertaking, in part or whole, any business enterprise in Sierra Leone. The need to submit residence and work permits to the CAC suggests they are expected to be resident in the country.
Coverage Horizontal
SIERRA LEONE
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Sierra Leone is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal
SIERRA LEONE
Since March 2016
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
The Sierra Leone Local Content Agency Act, 2016 (No. 3)
Sections 32-33 of the Sierra Leone Local Content Agency Act gives special preference and considerations to service agencies located in Sierra Leone and owned by citizens for projects and activities covered by the Act. Similarly, materials, products or goods made in Sierra Leone shall be given first consideration where the quality and timely delivery of such materials, products or goods are comparable to those available internationally.
Coverage Horizontal
SIERRA LEONE
Since February 2016
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Public Procurement Act 2016 (No. 1)
Section 40 of the Public Procurement Act requires the procuring entity to employ international competitive bidding procedures only when the estimated contract amount is higher than the value threshold specified in the First Schedule. This may also be used only when the goods, works or services are not available under competitive price and other conditions from three or more suppliers in Sierra Leone. An international competitive bidding shall be held when the estimated value of the procurement exceeds the thresholds in the First Schedule of the Public Procurement Act, namely:
- Le 600 Million (USD 30,400 approx.): In the case of contracts for the procurement of goods;
- Le 900 Million (USD 45,600 approx.): In the case of contracts for the procurement of works;
- Le 600 million (USD 30,400 approx.): In the case of contracts for the procurement of services.
- Le 600 Million (USD 30,400 approx.): In the case of contracts for the procurement of goods;
- Le 900 Million (USD 45,600 approx.): In the case of contracts for the procurement of works;
- Le 600 million (USD 30,400 approx.): In the case of contracts for the procurement of services.
Coverage Horizontal
SIERRA LEONE
Since February 2016
Since March 2020
Since March 2020
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Public Procurement Act 2016 (No. 1)
The Public Procurement Regulations, 2020
The Public Procurement Regulations, 2020
Section 36 of the Public Procurement Act empowers the contracting entity to grant margin of preference to enhance the advantage of domestic suppliers, contractors and goods. The margin of preference is to be calculated in accordance with the regulations and reflected in the record of the procurement processes, and is subject to the authorisation of the National Public Procurement Authority. Regulation 75 of the Public Procurement Regulations clarifies that the percentage of preference in schemes issued by the Authority must be between 5% and 12%.
Coverage Horizontal
SIERRA LEONE
Since February 2016
Since March 2016
Since March 2016
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Public Procurement Act 2016 (No. 1)
The Sierra Leone Local Content Agency Act, 2016 (No. 3)
The Sierra Leone Local Content Agency Act, 2016 (No. 3)
The Sierra Leone Local Content Agency Act, 2016 provides for first consideration to be given to Sierra Leonean companies bidding for procuring materials, products and goods for ministries, departments and agencies, provided the companies comply with the requirements stipulated in the National Public Procurement Act 2004 (now repealed by the Public Procurement Act of 2016). Donor agencies, international and local non-governmental organisations and other entities are also to give first consideration to Sierra Leonean companies for the procurement of materials, products and goods.
Coverage Horizontal
SIERRA LEONE
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 the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Senegal is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
SIERRA LEONE
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
12.48%
Coverage rate of zero-tariffs on ICT goods (%)
1.49%
Coverage: Digital goods
SEYCHELLES
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Seychelles 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
SEYCHELLES
N/A
Pillar Online sales and transactions |
Sub-pillar 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
Seychelles has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
SEYCHELLES
Since 2001
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Seychelles 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
SEYCHELLES
Since June 2022
Since December 2021
Since December 2001
Since December 2021
Since December 2001
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Fair Trading Act, (Act 12 of 2022)
Cybercrimes and Other Related Crimes Act, 2021 (Act 59 of 2021)
Electronic Transactions Act, 2001 (Act 8 of 2021)
Cybercrimes and Other Related Crimes Act, 2021 (Act 59 of 2021)
Electronic Transactions Act, 2001 (Act 8 of 2021)
The Fair Trading Act (Part IV), Cybercrimes and Other Related Crimes Act (Section 4), and the Electronic Transactions Act (Part III) provide a comprehensive consumer protection framework that applies to online transactions.
Coverage Horizontal
Sources
- https://www.tradeportal.sc/wp-content/uploads/2022/09/Act-12-2022-Fair-Trading-2022.pdf
- https://www.gazette.sc/sites/default/files/2021-12/Act%2059%20-%20Cybercrimes%20and%20other%20Related%20Crimes%20Act%202021.pdf
- https://media.seylii.org/files/legislation/akn-sc-act-2001-8-eng-2018-03-29.pdf
- https://unctad.org/page/cyberlaw-tracker-country-detail?country=sc
- Show more...
SEYCHELLES
Since December 2019
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
S.I 82 of 2019 Custom Management (Importation of Goods through Post and Courier) Regulations, 2019
According to Art. 3 of the Custom Management Regulations, goods imported into Seychelles through the post or courier, whose value is below SCR 3000 (approx. USD 220) shall be exempted from customs duty, provided that the consignment of goods imported is for the personal and exclusive consumption or use of the consignee.
Coverage Horizontal
SEYCHELLES
N/A
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Self-certification for product safety
It is reported that voluntary certification is recommended, and in-country testing is not mandatory. It is further reported that self-certification is allowed, and it is recommended to make the homologation in the Department of Information Communications Technology.
SEYCHELLES
Since June 2019
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
S.I.41 of 2019, Customs Management Act, 2011 (Act 22 of 2011), Customs Management (Prohibited and Restricted Goods) Regulations, 2019
The Customs Management (Prohibited and Restricted Goods) Regulations restrict the importation of Radio Communication Equipments HS Code 8525.5010 to 8525.6000 without a written prior approval of the Department of Information and Communications Technology.
Coverage Communication equipment