NIGER
Since December 2012
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Decree 2012-527/PRN/MC/NTI of 6 December 2012 determining the practical modalities of the application of the rules and principles of sharing telecommunications infrastructures (Décret 2012-527/PRN/MC/NTI du 06 décembre 2012 déterminant les modalités pratiques d'application des règles et principes de partage des infrastructures de télécommunication)
According to Arts. 3 and 4 of the Decree 2012-527/PRN/MC/NTI, passive infrastructure sharing in the telecom sector is an obligation. When telecom operators plan to deploy their telecommunications networks or services to the public, they must prioritise any solution that involves the sharing of existing infrastructure.
Coverage Telecommunications sector
NIGER
N/A
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
Niger Telecoms is a fully state-owned telecommunications company created in 2016 by the merger of the two Nigerien state telecommunications companies, Sonitel (voice and internet via fixed telephony) and Sahelcom (voice and internet via mobile telephony).
Coverage Telecommunications sector
NIGER
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)
8.38%
Coverage rate of zero-tariffs on ICT goods (%)
13.26%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- 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
NIGER
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)
Niger is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) 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
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NIGER
Since September 2022
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Decree No. 2022-743/PR/P of 29 September 2022 on the Code of Public Procurement and Delegation of Public Services (Décret No. 2022-743/PR/P 29 Septembre 2022 Portant Code des Marchés Publics et des Délégations de Services Publics)
Art. 15 of Decree No. 2022-743/PR/P states that all candidates for contracts, regardless of the award procedure, must provide evidence of their legal, technical, economic, financial, social and environmental capacity in their tender documents. The social capacity is defined by Art. 19 as the proof of a commitment to recruit Nigerien or nationals from the West African Economic and Monetary Union or proof that 40% of the contract has been subcontracted to SMEs owned by Nigerien youth or women.
Coverage Horizontal
NIGER
Since September 2022
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Decree No. 2022-743/PR/P of 29 September 2022 on the Code of Public Procurement and Delegation of Public Services (Décret No. 2022-743/PR/P 29 Septembre 2022 Portant Code des Marchés Publics et des Délégations de Services Publics)
According to Art. 112 of Decree No. 2022-743/PR/P when awarding a contract, preference up to 15% of the amount of the tender may be given to:
- A tender submitted by a national or Community enterprise;
- Any supplier that offers products of national origin or from the West African Economic and Monetary Union;
- Any supplier that undertakes to subcontract part of the contract to national undertakings.
If there is no provision for preference in the tender documents, preference will not be applicable.
Beyond this 15% preference, an additional preference of 5% is granted to craftsmen and artisans legally established in the territory of the West African Economic and Monetary Union.
Finally, the contracting authority may include in their preliminary procurement plans a percentage of the contract to be awarded to small and medium-sized national enterprises in accordance with the procurement and award procedures set out in the Decree, provided that the contract is financed from their own resources.
- A tender submitted by a national or Community enterprise;
- Any supplier that offers products of national origin or from the West African Economic and Monetary Union;
- Any supplier that undertakes to subcontract part of the contract to national undertakings.
If there is no provision for preference in the tender documents, preference will not be applicable.
Beyond this 15% preference, an additional preference of 5% is granted to craftsmen and artisans legally established in the territory of the West African Economic and Monetary Union.
Finally, the contracting authority may include in their preliminary procurement plans a percentage of the contract to be awarded to small and medium-sized national enterprises in accordance with the procurement and award procedures set out in the Decree, provided that the contract is financed from their own resources.
Coverage Horizontal
NIGER
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)
Niger is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
NIGER
Since June 2018
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Law No. 2018-40 of 5 June 2018 on the regime of public-private partnership contracts (Loi No. 2018-40 du 5 juin 2018, portant régime des contrats de Partenariat Publique Privé)
Art. 39 of Law No. 2018-40 stipulates that in the case of a foreign investment in the form of a public-private partnership, 20% of the shares must be provided by nationals.
Coverage Public-private partnerships
NICARAGUA
Since 2010
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
UNCITRAL Model Law on Electronic Signatures
Nicaragua has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
NICARAGUA
Since April 1914
Since October 2020
Since October 2020
Pillar Online sales and transactions |
Indicator Local presence requirements for digital services providers
Commercial Code (Código de Comercio)
Law No. 1040-Foreign Agents Law (Ley No. 1040-Ley De Regulación De Agentes Extranjeros)
Law No. 1040-Foreign Agents Law (Ley No. 1040-Ley De Regulación De Agentes Extranjeros)
According to Art. 10 of the Commercial Code, legal entities in Nicaragua (including entities with foreign national shareholders) must have a legal representative who must be either a Nicaraguan national or a foreign national residing in Nicaragua. In addition, according to Art. 9 of the Foreign Agents Law, foreign agents are required to register with the Nicaraguan Government and file reports on all funds and donations received from foreign entities and how they are used.
The law defines “foreign agents” as any person who performs or works as an agent, representative, employee, service provider or any other activity subject to the orders, requirements, instruction, direction, supervision, or control from a foreign entity or from an individual or legal entity whose activities are, directly or indirectly, supervised, directed, controlled, financed or subsidised, in whole or in part, by foreign individuals, Governments, capital, businesses or funds, directly or through a third party, be it an individual or legal entities. It is reported that legal experts have expressed concern that the law is written so broadly that the government could apply it to any entity.
The law defines “foreign agents” as any person who performs or works as an agent, representative, employee, service provider or any other activity subject to the orders, requirements, instruction, direction, supervision, or control from a foreign entity or from an individual or legal entity whose activities are, directly or indirectly, supervised, directed, controlled, financed or subsidised, in whole or in part, by foreign individuals, Governments, capital, businesses or funds, directly or through a third party, be it an individual or legal entities. It is reported that legal experts have expressed concern that the law is written so broadly that the government could apply it to any entity.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231004181306/https://www.state.gov/reports/2019-investment-climate-statements/nicaragua/
- https://web.archive.org/web/20240606195806/https://www.poderjudicial.gob.ni/codigoetica/pdf/codigo_de_comercio_de_nicaragua.pdf
- https://web.archive.org/web/20230919071254/https://ustr.gov/sites/default/files/2022%20National%20Trade%20Estimate%20Report%20on%20Foreign%20Trade%20Barriers.pdf
- https://web.archive.org/web/20230307050905/http://legislacion.asamblea.gob.ni/normaweb.nsf/9e314815a08d4a6206257265005d21f9/3306286cd4e82c5f06258607005fdf6b?OpenDocument
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NICARAGUA
Since June 2013, last amended February 2021
Since October 2013
Since October 2013
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Law No. 842-Consumer and Users' Rights Protection Law (Ley 842-Ley De Protección De Los Derechos De Las Personas Consumidoras y Usuarias)
Decree No. 36-2013-Regulation of Consumer and Users' Rights Protection Law (Decreto Ejecutivo No.. 36-2013-Reglamento De La Ley No.. 842, Ley De Protección De Los Derechos De Las Personas Consumidores y Usuarias)
Decree No. 36-2013-Regulation of Consumer and Users' Rights Protection Law (Decreto Ejecutivo No.. 36-2013-Reglamento De La Ley No.. 842, Ley De Protección De Los Derechos De Las Personas Consumidores y Usuarias)
The Consumer and Users' Rights Protection Law and its regulation provide a comprehensive framework for consumer protection that also applies to online transactions.
Coverage E-commerce sector
Sources
- https://unctad.org/page/cyberlaw-tracker-country-detail?country=ni
- https://web.archive.org/web/20240221223037/http://legislacion.asamblea.gob.ni/normaweb.nsf/3133c0d121ea3897062568a1005e0f89/b6ee59fb75e2e20b06257bb900763f0b?OpenDocument
- https://web.archive.org/web/20230324055529/http://legislacion.asamblea.gob.ni/normaweb.nsf/b34f77cd9d23625e06257265005d21fa/bd325486f010cc8206257c24007776d8?OpenDocument
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NICARAGUA
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
Nicaragua has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
NICARAGUA
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Nicaragua 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
NICARAGUA
Reported in 2024
Pillar Content access |
Indicator Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "6.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 2 in Nicaragua for the year 2023. This corresponds to "The government shut down domestic access to the Internet several times this year."
Coverage Horizontal
