GUINEA
Since March 2021
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Decree D/2021/091/PRG/SGG of 25 March 2021 on Infrastructure Sharing and Interconnection of Public Telecommunications Networks and Services in the Republic of Guinea (Décret D/2021/091/PRG/SGG du 25 mars 2021 Relatif au Partage d'Infrastructures et à l'Interconnexion des Réseaux et Services de Télécommunications Ouverts au Public en République de Guinée)
According to Art. 29 of Decree D/2021/091/PRG/SGG, telecommunication network operators in Guinea must maintain separate accounting for their interconnection activities. Furthermore, it is reported that Guinea mandates functional separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
GUINEA
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)
Guinea is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
GUINEA
Since June 2010
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Law L/2010/02/CNT of 22 June 2010 on Freedom of the Press (Loi Organique L/2010/02/CNT du 22 juin 2010 Portant sur la Liberté de la Presse Organic)
According to Art. 69 of the Law L/2010/02/CNT, subject to a reciprocity clause in the press sector, foreigners may not make an acquisition which has the effect of increasing, directly or indirectly, their holding to more than 30% of the share capital or voting rights of a press company (including online press) in the Republic of Guinea.
Coverage Online press
GUINEA
Since September 2022
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Nationality/residency requirement for directors or managers
Law L/2022/0010/CNT of 22 September 2022 on Local Content of the Republic of Guinea (Loi L/2022/0010/CNT du 22 septembre 2022 Portant Contenu Local de la République de Guinée)
Art. 14 of Law L/2022/0010/CNT provides that operators or companies working on their behalf are obliged to employ Guinean personnel in accordance with the following minimum quota by category:
- Executives: 30% of staff, including the human resources manager, from the start of operations; 40% of staff from the fourth year of operation; 50% of staff from the seventh year of operation.
- Management staff: 25% of staff from the start of operations, 40% of staff from the fourth year of operation, and 70% of staff from the seventh year of operation.
In the event that it is duly established by the operator, by means of documents or detailed reports sent to the Autorité de Régulation et de Contrôle du Contenu Local (ARCCL), that the above quotas cannot be met at these various stages, due to a lack of expertise or availability, the operator shall draw up a detailed training programme and a timetable for the gradual replacement of foreign staff by nationals.
Operator refers to both the company in charge of carrying out public projects and investors in private sector projects covered by the investment code or companies working on their behalf, regardless of the sector.
- Executives: 30% of staff, including the human resources manager, from the start of operations; 40% of staff from the fourth year of operation; 50% of staff from the seventh year of operation.
- Management staff: 25% of staff from the start of operations, 40% of staff from the fourth year of operation, and 70% of staff from the seventh year of operation.
In the event that it is duly established by the operator, by means of documents or detailed reports sent to the Autorité de Régulation et de Contrôle du Contenu Local (ARCCL), that the above quotas cannot be met at these various stages, due to a lack of expertise or availability, the operator shall draw up a detailed training programme and a timetable for the gradual replacement of foreign staff by nationals.
Operator refers to both the company in charge of carrying out public projects and investors in private sector projects covered by the investment code or companies working on their behalf, regardless of the sector.
Coverage Horizontal
GUINEA
Since May 2015
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Law 2015/No.008/AN of 25 May 2015 on the Investment Code of the Republic of Guinea (Loi 2015/No.008/AN du 25 mai 2015 Portant Code des Investissements en République de Guinée)
According to Art. 5 of the Investment Code of the Republic of Guinea, natural or legal persons of private law, regardless of their nationality, may not undertake some activities on Guinean territory without authorisation. The sectors include postal and telecommunications services. Furthermore, according to Art. 25 of the law, for work not requiring a specific qualification, the investor should exclusively recruit a local workforce.
Coverage Postal sector and telecommunications sector
GUINEA
Since September 2022
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Law L/2022/0010/CNT of 22 September 2022 on Local Content of the Republic of Guinea (Loi L/2022/0010/CNT du 22 septembre 2022 Portant Contenu Local de la République de Guinée)
Art. 18 of Law L/2022/0010/CNT provides that before commencing their activities, operators shall draw up an overall local content plan, including, among other information and documents, the percentage of turnover that will be devoted to community, social and educational projects for the populations in the basin concerned by the project. This plan is subject to approval by the Autorité de Régulation et de Contrôle du Contenu Local (ARCCL) under conditions determined by decree. Yet, the implementing decrees are not yet available. Therefore, Art. 18 is not yet applicable.
Operator refers to both the company in charge of carrying out public projects and investors in private sector projects covered by the investment code or companies working on their behalf, regardless of the sector.
Art. 17 further specifies that the ARCCL issues a certificate of compliance to operators who meet the local content local content requirements. The certificate of compliance referred to in this article is taken into account in the assessment of the performance of operators. However, this article cannot be applicable without the implementing decrees.
Operator refers to both the company in charge of carrying out public projects and investors in private sector projects covered by the investment code or companies working on their behalf, regardless of the sector.
Art. 17 further specifies that the ARCCL issues a certificate of compliance to operators who meet the local content local content requirements. The certificate of compliance referred to in this article is taken into account in the assessment of the performance of operators. However, this article cannot be applicable without the implementing decrees.
Coverage Horizontal
GUINEA
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) |
Indicator 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 organization 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 Organization (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 Organization (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 Guinea, 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 Organization (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
- https://web.archive.org/web/20230922235427/http://www.oapi.int/Ressources/reglement_mandataire/REGLEMENT_PROFESSION_MANDATAIRE.pdf
- https://web.archive.org/web/20140404202106/http://www.droit-afrique.com/images/textes/Afrique/OAPI/OAPI%20-%20Guide%20depot%20brevet.pdf
- Show more...
GUINEA
Since May 1991
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Guinea is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
GUINEA
Since June 2019
Since March 1977, as amended in December 2015, entry into force in November 2020
Since March 1977, as amended in December 2015, entry into force in November 2020
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Law L/2019/0028/AN of 7 June 2019 on the Protection of Literary and Artistic Property in Guinea (Loi L/2019/0028/AN du 7 juin 2019, Portant Protection de la Propriété Littéraire et Artistique)
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 organization 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)
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 organization 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)
Guinea has a copyright regime under the Law L/2019/0028/AN. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 22-28 list the exceptions, which include the analysis and short quotations justified by the critical, polemical, educational, scientific or informational nature of the work; the use within the authorisation of the author and without payment of separate remuneration, private use and reproduction, the use for a blind person, a person with a visual impairment of any kind or any person who, because of a disability, has reading difficulties; ephemeral recording by a broadcasting organisation's own means and for its own broadcasts of a work that it has the right to broadcast; reproduction, broadcasting or communication of a work permanently located in a place open to the public, unless the image of the work is the main subject of such reproduction or communication and it is used for commercial purposes.
In addition, the Revised Bangui Agreement, which is a regional intellectual property law that is not only a regional convention applicable in all member states but also serves as a national intellectual property law in Guinea and each of the other member states, contains provisions on copyright in Annex VII: Chapter IV (Limitations to Economic Rights) and establishes a regime of copyright exceptions. Nevertheless, these exceptions similarly do not conform to the fair use or fair dealing models.
In addition, the Revised Bangui Agreement, which is a regional intellectual property law that is not only a regional convention applicable in all member states but also serves as a national intellectual property law in Guinea and each of the other member states, contains provisions on copyright in Annex VII: Chapter IV (Limitations to Economic Rights) and establishes a regime of copyright exceptions. Nevertheless, these exceptions similarly do not conform to the fair use or fair dealing models.
Coverage Horizontal
GUINEA
Since December 1996, entry into force in May 2002
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Guinea has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
GUINEA
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 the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Guinea is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA I) nor the 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
- Show more...
GUINEA
Since December 2019
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Decree No. D/333/PRG/SGG of 17 December 2019 on the Public Procurement Code (Décret No. D/333/PRG/SGG du 17 décembre 2019 Portant Code des Marchés Publiques)
Pursuant to Art. 78 of Decree No. D/333/PRG/SGG, during public procurement procedures, preference is accorded to bids submitted by domestic companies, provided they meet the requirements set forth in the tender or consultation documents. This preferential treatment applies even if the domestic bid exceeds the amount of the closest evaluated bid from a non-national company as long as the difference falls within the margin of preference outlined in Art. 79. This article specifies that the percentage of national preference should not exceed 7% for works and 15% for supplies and services.
The national preference regime can, however, only be granted under the following conditions:
- For consulting and engineering firms, 30% of inputs must be from the Economic Community of West African States (ECOWAS Community), and 50% of managers and employees must be nationals;
- For consultancies, national participation must be more than 50% of the study;
- For suppliers of goods in Guinea, 30% of the added value of a manufactured good must be of Guinean origin;
- For the supply of imported goods, the supplier must have Guinean nationality.
For legal entities, there are additional conditions:
- The majority of the capital of the legal entity must be held by nationals;
- The management body must be controlled by Guinean nationals.
Art. 79 further provides that temporary groupings of foreign operators concluded with Guinean individuals or legal entities may benefit from national preference if their offer meets the conditions mentioned in the article and if it provides that a significant part of the contract is entrusted to a small or medium-sized national company either through co-contracting or subcontracting, or if a minimum number of key national experts is proposed.
The national preference regime can, however, only be granted under the following conditions:
- For consulting and engineering firms, 30% of inputs must be from the Economic Community of West African States (ECOWAS Community), and 50% of managers and employees must be nationals;
- For consultancies, national participation must be more than 50% of the study;
- For suppliers of goods in Guinea, 30% of the added value of a manufactured good must be of Guinean origin;
- For the supply of imported goods, the supplier must have Guinean nationality.
For legal entities, there are additional conditions:
- The majority of the capital of the legal entity must be held by nationals;
- The management body must be controlled by Guinean nationals.
Art. 79 further provides that temporary groupings of foreign operators concluded with Guinean individuals or legal entities may benefit from national preference if their offer meets the conditions mentioned in the article and if it provides that a significant part of the contract is entrusted to a small or medium-sized national company either through co-contracting or subcontracting, or if a minimum number of key national experts is proposed.
Coverage Horizontal
GUINEA
Since September 2022
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Law L/2022/0010/CNT of 22 September 2022 on Local Content of the Republic of Guinea (Loi L/2022/0010/CNT du 22 septembre 2022 Portant Contenu Local de la République de Guinée)
Art. 8 of Law L/2022/0010/CNTA obliges economic operators to source Guinean goods and services as part of their activities in the Republic of Guinea, in accordance with a list of goods and services drawn up by order of the Ministry responsible for the private sector. Each year, operators must send the Ministry responsible for local content and the Autorité de Régulation et de Contrôle du Contenu Local (ARCCL) a list of their suppliers of goods and their providers of services. All companies, whether local or foreign, regardless of their sector of activity, are subject to the provisions of Art. 8, with the exception of local micro, small and medium-sized enterprises (MSMEs). Operator refers to both the company in charge of carrying out public projects and investors in private sector projects covered by the investment code or companies working on their behalf, regardless of the sector.
Art. 11 further specifies that in the event that the supply of local goods or services proves impossible due to unavailability or insufficiency, operators subject to local content are authorised, on the favourable opinion of the ARCCL, in conjunction with the ministry in charge of the private sector, to obtain supplies on the external market.
Art. 11 further specifies that in the event that the supply of local goods or services proves impossible due to unavailability or insufficiency, operators subject to local content are authorised, on the favourable opinion of the ARCCL, in conjunction with the ministry in charge of the private sector, to obtain supplies on the external market.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240706160019/https://www.africaguinee.com/app/uploads/2023/05/EXE_LOI-2022-CNT_A5-prop-03-1.pdf
- https://web.archive.org/web/20230330135033/https://www.financialafrik.com/2023/03/29/regards-croises-entre-les-lois-sur-le-contenu-local-en-republique-democratique-du-congo-et-la-republique-de-guinee/
GUINEA
Since September 2022
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Law L/2022/0010/CNT of 22 September 2022 on Local Content of the Republic of Guinea (Loi L/2022/0010/CNT du 22 septembre 2022 Portant Contenu Local de la République de Guinée)
Art. 12.1 of Law L/2022/0010/CNT provides that operators, within the framework of public procurement contracts, systematically set up co-contracting arrangements with local companies. Under this co-contracting arrangement, the local company must be responsible for at least 40% of the volume of services to be carried out, in particular, the technical feasibility studies for the project, the environmental and social impact studies, the execution studies and the project implementation work. Co-contracting refers to the situation in which two or more companies form a temporary consortium with the aim of maintaining legal, economic and financial links between them for the joint completion of a project.
Art. 12.4 further specifies that in all projects where the amount of investment is equal to or greater than the thresholds defined by decree and involving, in particular, the production of a good or the provision of a service with a high technological value, the co-contracting arrangement put in place must provide for the creation of an industrial production or processing unit, depending on the sector to which the project concerned relates. At least 34% of the capital of this company must be open to local industrialists. The terms and conditions for the creation of these local industrial units, as well as the specific advantages granted to operators, are to be specified by decree.
In addition, Art. 13 provides that operators under public procurement contracts systematically subcontract part of the services to local companies. As part of this subcontracting, the local company is responsible for at least 40% of the volume of services to be carried out, in particular, the technical feasibility studies for the project, the environmental and social impact studies, the execution studies and the project implementation work. The implementing decrees are not yet available.
As the implementing decrees are not yet available, it is not clear when any of the scenarios presented above apply.
Art. 12.4 further specifies that in all projects where the amount of investment is equal to or greater than the thresholds defined by decree and involving, in particular, the production of a good or the provision of a service with a high technological value, the co-contracting arrangement put in place must provide for the creation of an industrial production or processing unit, depending on the sector to which the project concerned relates. At least 34% of the capital of this company must be open to local industrialists. The terms and conditions for the creation of these local industrial units, as well as the specific advantages granted to operators, are to be specified by decree.
In addition, Art. 13 provides that operators under public procurement contracts systematically subcontract part of the services to local companies. As part of this subcontracting, the local company is responsible for at least 40% of the volume of services to be carried out, in particular, the technical feasibility studies for the project, the environmental and social impact studies, the execution studies and the project implementation work. The implementing decrees are not yet available.
As the implementing decrees are not yet available, it is not clear when any of the scenarios presented above apply.
Coverage Horizontal
GUINEA
Since September 2022
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Law L/2022/0010/CNT of 22 September 2022 on Local Content of the Republic of Guinea (Loi L/2022/0010/CNT du 22 septembre 2022 Portant Contenu Local de la République de Guinée)
Art. 13.2 of Law L/2022/0010/CNT mandates technology and knowledge transfer to local subcontractors. According to Art. 13.2.1, specifically in structuring projects, the contracting authorities must ensure the effective transfer of technology and knowledge to local companies. Art. 13.2.4 provides that, prior to the implementation of its project, the operator submits to the Autorité de Régulation et de Contrôle du Contenu Local (ARCCL) and the contracting authority a technology transfer programme for the benefit of local companies. This programme is specified in the contractual documents, in the specifications, and in any reference document concerning the project or the investment programme.
Operator refers to both the company in charge of carrying out public projects and investors in private sector projects covered by the investment code or companies working on their behalf, regardless of the sector.
Art. 13.2.3 further specifies that in the event that the technology used or developed by the operator is covered by a patent, the competent authority will define the terms and conditions to encourage technology transfer.
Operator refers to both the company in charge of carrying out public projects and investors in private sector projects covered by the investment code or companies working on their behalf, regardless of the sector.
Art. 13.2.3 further specifies that in the event that the technology used or developed by the operator is covered by a patent, the competent authority will define the terms and conditions to encourage technology transfer.
Coverage Horizontal
