LIBYA
Since April 2023
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Circular of the Minister of Economy and Trade No. 4-2023
منشور وزير الاقتصاد والتجارة رقم 4 لسنة 2023 م
منشور وزير الاقتصاد والتجارة رقم 4 لسنة 2023 م
Circular 4-2023 requests all public companies and government agencies funded from the general budget to commit to giving priority to supplies from the local market, especially those manufactured and produced locally when contracting for the procurement of materials and supplies they need.
Coverage Horizontal
LIBYA
Since October 2024
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Decision No. 600 of 2024 issuing the Administrative Contracts Regulation
قرار رقم 600 لسنة 2024 م بإصدار لائحة العقود الإدارية
قرار رقم 600 لسنة 2024 م بإصدار لائحة العقود الإدارية
Art. 106 of the Administrative Contracts Regulation stipulates that contractors are required to use nationally sourced materials and products of local origin, including those that are manufactured or semi-manufactured domestically, as well as other materials and equipment available on the local market, provided that such items conform to the agreed technical specifications and are offered at competitive prices.
Coverage Horizontal
LIBYA
Reported in 2022, last reported in 2025
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Reported lack of transparency in public procurement
It is reported that procurement processes are frequently characterised by opacity and fragmentation across multiple agencies, with a recurrent reliance on non-competitive procedures and limited public disclosure of procurement plans, contract awards, and implementation outcomes. It is further reported that foreign enterprises regard corruption as a significant impediment to foreign direct investment, which remains pervasive across virtually all sectors of the economy, particularly within government procurement.
Coverage Horizontal
Sources
- https://www.elibrary.imf.org/view/journals/002/2025/148/article-A001-en.xml
- https://web.archive.org/web/20251211213157/https://www.state.gov/reports/2025-investment-climate-statements/libya
- https://web.archive.org/web/20231201085458/https://www.state.gov/reports/2022-investment-climate-statements/libya/
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LIBYA
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)
Libya is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status. In fact, Libya is not a Member of the WTO.
Coverage Horizontal
SOUTH AFRICA
N/A
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
South Africa does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties. However, it is reported that there is an informal threshold of USD 35.
Coverage Horizontal
SOUTH AFRICA
Since April 2009
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
The Consumer Protection Act No. 68 of 2008 (CPA)
The Consumer Protection Act 68 of 2008 (CPA) provides a comprehensive framework for consumer protection that also applies to online transactions. Section 43 of the Act establishes specific requirements for online retailers and other suppliers of goods and services who conduct transactions with consumers over the Internet or other electronic channels.
Coverage Horizontal
SOUTH AFRICA
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
South Africa has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
SOUTH AFRICA
Since 2002
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
South Africa 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
SOUTH AFRICA
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
South Africa 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
SOUTH AFRICA
Since April 2006
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Electronic Communications Act No. 36 of 2005
Chapter 3 of the Electronic Communication Act governs digital content providers, services, and applications licensing. Relevant licenses include Electronic Communications Network Service (ECNS) licenses, which allow holders to operate a physical network; Electronic Communications Service (ECS) licenses, which allow for providing services over one's or another's network; and Value-Added Network Services (VANS) licenses, which are required for providing value-added network services, including internet service providers (ISPs), voice-over-internet-protocol (VoIP) providers, and application service providers. The Independent Communications Authority of South Africa (ICASA) is responsible for issuing and regulating ECS and VANS licenses. The regulatory framework for licenses does not establish any restrictions, including discrimination against foreign suppliers. Still, Section 9 provides that holders of individual licenses must have a minimum of 30% of equity held by persons from historically disadvantaged groups.
Coverage Electronic communication services, including VOIP and application service providers
SOUTH AFRICA
Since November 1996, as amended in September 2019
Since November 2020
Since November 2020
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Films and Publications Act, 1996
Films and Publications Tariffs Regulations, 2020
Films and Publications Tariffs Regulations, 2020
The Films and Publications Act establishes that commercial online distributors have to register with the Film and Publications Board (FPB) as distributors. A commercial online distributor is defined as a "distributor in relation to films, games and publications which are distributed for commercial purposes using the internet". The Act penalises failing to register with the FPB as a distributor with a fine of 150,000 rands (USD 9,300).
On 1 March 2022, a 2019 amendment came into force, which extended the mandate of the FPB to include online games, films, and publications. However, even before this amendment, all distributors, including commercial online distributors, although not expressly mentioned in the Act, had to register with the FPB.
On the other hand, in November 2020, the FPB finalised revisions to the tariff structure that would require online streaming services to pay a licensing fee per film and per series season that they offer. The previous structure involved payment of a flat fee. It is reported that after some initial resistance, all major content distributors, including Google, Apple, Netflix, and the South African company MultiChoice, registered with the FPB and paid license fees.
On 1 March 2022, a 2019 amendment came into force, which extended the mandate of the FPB to include online games, films, and publications. However, even before this amendment, all distributors, including commercial online distributors, although not expressly mentioned in the Act, had to register with the FPB.
On the other hand, in November 2020, the FPB finalised revisions to the tariff structure that would require online streaming services to pay a licensing fee per film and per series season that they offer. The previous structure involved payment of a flat fee. It is reported that after some initial resistance, all major content distributors, including Google, Apple, Netflix, and the South African company MultiChoice, registered with the FPB and paid license fees.
Coverage Commercial online distributors
Sources
- https://web.archive.org/web/20221123084936/https://www.gov.za/documents/films-and-publications-act
- https://web.archive.org/web/20231129020435/https://www.ellipsis.co.za/wp-content/uploads/2020/10/Films-Publications-Tariffs-Regulations-2020.pdf
- https://web.archive.org/web/20231129094038/https://www.ellipsis.co.za/the-film-publication-board-and-online-content-regulation/
- https://web.archive.org/web/20231205092011/https://bowmanslaw.com/insights/technology-media-and-telecommunications/south-africa-films-and-publications-amendment-act-comes-into-operation/
- https://web.archive.org/web/20231206033320/https://altadvisory.africa/2022/03/11/south-africa-films-and-publications-amendment-act-comes-into-effect/
- https://web.archive.org/web/20230208163050/https://insightplus.bakermckenzie.com/bm/technology-media-telecommunications_1/south-africa-films-and-publications-amendment-act-comes-into-force/
- https://web.archive.org/web/20230916024530/https://mybroadband.co.za/news/broadcasting/231367-what-netflix-will-get-for-its-r1-million-fpb-licence-fee.html
- https://web.archive.org/web/20201129105545/https://www.fpb.org.za/wp-content/uploads/2020/02/FINAL-Media-Release_South-African-Online-Streaming-Regulation.pdf
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SOUTH AFRICA
Reported in 2017, last reported in 2023
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Lack of self-declaration of conformity
The South African Bureau of Standards (SABS) implements a program for the issuance of Certificates of Compliance (CoCs) for Electromagnetic Interference/Compatibility (EMI/EMC) of electrical and electronic goods, including an annual non-refundable fee paid by manufacturers for each CoC, fees for registering factories, and fees for model name changes. The program also requires manufacturers to have EMI/EMC testing done at SABS-verified third-party labs. If testing is required from an independent lab that is not SABS verified, the manufacturer must request that the lab be verified through SABS at the expense of the lab. Ultimately, the regulation is meant to ensure that all electronic equipment entering South Africa meets the required quality-performance standards. However, it is reported that some industry stakeholders have raised concerns that the five-fold increase in certification costs, the additional administrative burden, and the lack of resources in South Africa to support the procedure might extend the time to market for quickly evolving and obsolescing information and communication technology products. South Africa still accepts test results from International Laboratory Accreditation Cooperation-certified labs. Still, SABS also conducts a comprehensive review of the test results to ensure that the product meets South African EMC standards. The protracted review can take up to 18 months to complete, during which time the product may become obsolete.
Section 3 of the National Regulator for Compulsory Specifications Act, 2008 (Act No. 5 of 2008) establishes the National Regulator for Compulsory Specifications (NRCS) and empowers it to regulate the compulsory specifications of any product or service in South Africa. In addition, Section 35 of the Electronic Communications Act 36 of 2005 requires that the telecom authority approves digital products before they are used in the country.
Section 3 of the National Regulator for Compulsory Specifications Act, 2008 (Act No. 5 of 2008) establishes the National Regulator for Compulsory Specifications (NRCS) and empowers it to regulate the compulsory specifications of any product or service in South Africa. In addition, Section 35 of the Electronic Communications Act 36 of 2005 requires that the telecom authority approves digital products before they are used in the country.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230604030513/https://www.vde.com/resource/blob/1670198/9e1907ec84b33b8a78acc9a02e034b9c/notice-of-sabs-data.pdf
- https://web.archive.org/web/20220727123819/https://www.gov.za/sites/default/files/gcis_document/201409/a36-050.pdf
- https://web.archive.org/web/20220627104712/https://www.icasa.org.za/uploads/files/Memorandum-of-Understanding-Between-ICASA-and-SABS-March-2016.pdf
- https://web.archive.org/web/20230329101101/https://www.icasa.org.za/pages/type-approval
- https://web.archive.org/web/20240329151539/https://ustr.gov/sites/default/files/2023-03/2023%20NTE%20Report.pdf
- https://web.archive.org/web/20230321081515/https://ib-lenhardt.com/type-approval/south-africa
- https://web.archive.org/web/20231207093340/https://www.gov.za/sites/default/files/gcis_document/201409/312167280.pdf
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SOUTH AFRICA
Since August 2002
Pillar Technical standards applied to ICT goods and online services |
Indicator Restrictions on encryption standards
Electronic Communications and Transaction Act, 2002
According to Art. 29 of the Electronic Communications and Transaction Act, the Director-General of the Department of Communications must establish and maintain a register of cryptography and record the following particulars in respect of providers, such as the name and address of the cryptography provider, a description of the type of cryptography service or cryptography product other particulars as may be prescribed to identify and locate the cryptography provider or its products or services adequately. Moreover, according to Section 40 of the ECA, a foreign cryptographer must be registered with the Department of Communications as such prior to rendering cryptography services and supplying cryptography products in (or to persons in) South Africa. This registration obligation applies to foreign cryptography providers rendering their services or selling their products in South Africa.
Coverage Encryption services
SOUTH AFRICA
Since February 2020
Since October 1998, last amended in 2013
Since October 1998, last amended in 2013
Pillar Online sales and transactions |
Indicator Restrictions on online payments
Directive No. 1 of 2020 - Directive for conduct within the national payment system in respect of domestic card transactions
National Payment System Act
National Payment System Act
According to Art. 5 of Directive No. 1 of 2020, the National Payment System Act, card issuers must be participants in the domestic clearing system. Additionally, domestic merchants must use local card acquirers, and foreign card issuers are prohibited from issuing domestic cards for domestic transactions unless they are also participants in the domestic clearing system. A clearing system participant is defined as a bank, a mutual bank or a cooperative bank, a designated clearing system participant, or a branch of a foreign institution, as contemplated in the NPS Act, and a member of the payment system management body (Payments Association of South Africa is the payment system management body recognised by the South African Reserve Bank, in terms of the National Payment System Act, to organise, manage and regulate the participation of its members in the payment system). On the other hand, card issuer means a clearing system participant and a member of a card scheme that has entered into a contractual relationship with a cardholder, in terms of which a card is issued to effect a payment, withdraw cash or transfer funds. Lastly, a card acquirer is defined as a clearing system participant and a member of a card scheme that enters into a contractual relationship with a merchant and the card issuer for the purpose of accepting and processing card transactions.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240611152515/https://www.gov.za/sites/default/files/gcis_document/202002/43033rg11044gon181.pdf
- https://web.archive.org/web/20231001213905/https://www.gov.za/documents/national-payment-system-act
- https://insightplus.bakermckenzie.com/bm/banking-finance_1/south-africa-regulation-of-payment-services-for-card-transactions
- https://web.archive.org/web/20230703083621/https://pasa.org.za/
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SOUTH AFRICA
N/A
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation to agreements with binding commitments on data flows
South Africa has not joined any free trade agreement committing to open transfers of cross-border data flows.
Coverage Horizontal
