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.

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).

It is reported that Niger mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.

According to Art. 15 and 16 of the Law on Electronic Communications, the supply of telecommunications services in Niger is subjected to a licence, which requires commercial presence. In fact, according to Arts. 1 and 15, cross-border supply is prohibited. According to Art. 17, the licensing scheme is restrictive because it is open to public competition only when requested by the Minister in charge of electronic communications.

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.

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.

Niger is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.

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.

According to the Bangui Agreement, ratified by 17 French-speaking States, including Niger, 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.

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

Agreement No. 004-2025 on the Regulations for the Approval of Telecommunications Equipment establishes the national type-approval procedure. Pursuant to Arts. 4–5, telecommunications equipment subject to the approval regime must hold an appropriate conformity certification demonstrating compliance with the technical, regulatory, health, and human safety standards applicable in Nicaragua, or with standards issued by international standardisation bodies adopted and accepted by the Nicaraguan Institute of Telecommunications and Postal Services (TELCOR). For such certifications to be recognised in Nicaragua, conformity assessment bodies and national or international testing laboratories, whether public or private, must be accredited by the competent national authority responsible for technical standardisation and quality certification of products and services.
Art. 6 further provides that TELCOR may enter into mutual recognition agreements (MRAs) with other States or international organisations for the reciprocal recognition of standards, conformity certifications, and laboratory tests issued by the relevant conformity certification bodies. Accordingly, an applicant for a certificate of approval who holds a certificate of conformity issued by a State or organisation recognised by TELCOR under an MRA may apply for the registration of approved telecommunications equipment in accordance with the terms established in that MRA.
Under Art. 10, an applicant seeking a certificate of approval must submit, inter alia: (a) a duly completed approval application form; (c) a copy of the document evidencing the applicant’s legal representation; (d) a certificate of conformity issued by at least one international standardisation organisation and/or a foreign regulatory authority accredited in Nicaragua, although, pending the accreditation of an international conformity certification body in Nicaragua, a notarised declaration of conformity may be submitted instead (and, where issued abroad, it must be duly apostilled or otherwise authenticated); (e) laboratory test reports, the technical specifications sheet for the telecommunications equipment, and, optionally, the user manual; and (f) photographs of the interior and exterior of the telecommunications equipment.

Nicaragua does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.

Art. 9 of the Foreign Agents Law requires foreign agents to register with the Nicaraguan Government and to file reports on all funds and donations received from foreign entities, including 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.