Database

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BENIN

Since March 2020

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Benin Investment Code 2020 (Loi No. 2020- 02 du 20 Mars 2020 portent Code des investissements en République du Benin)
According to the Benin Investment Code of 2020, which establishes the general conditions, advantages and rules applicable to domestic and foreign direct investments in Benin, legal persons of foreign nationality shall not receive less favourable treatment than that granted to legal persons of Beninese nationality (Art. 11).
Coverage Horizontal

BENIN

Since July 2019

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Decree No. 2019-216 of 31 July 2019 setting the Terms and Conditions for the Granting of Licenses, Authorisations, and the Conditions for Making the Declaration relating to the Exercise of Electronic Communications Activities in the Republic of Benin (Décret No. 2019-216 du 31 Juillet 2019 fixant les Modalités d'Octroi des Licences, des Autorisations et des Conditions de Réalisation de la Déclaration relatives à l'Exercice des Activités de Communications Électroniques en République du Bénin).
Art. 13 of Decree No. 2019-216 states that any change of control, direct or indirect, of a licensed telecom operator and any acquisition of interest by an operator, directly or indirectly, in the capital of a licensed operator, is subject to authorisation by the Council of Ministers. The Council of Ministers may oppose the modification of the license, the transfer of the license, or the change of control of a licensed operator to safeguard public order or security or for the demonstrated inadequacy of the technical or financial capacity of the proposed new reference shareholder to meet the obligations resulting from the license, among others.
Coverage Telecommunications sector
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'BJ')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"68816"},{"post_id":"68817"},{"post_id":"68818"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'BJ')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'BJ')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"1.00"}]

BENIN

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
9.94%
Coverage rate of zero-tariffs on ICT goods (%)
14.78%
Coverage: Digital goods

BENIN

N/A

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Participation in the World Trade Organization (WTO) Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Benin is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods

BENIN

Since September 2020

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Law No. 2020-26 of 29 September 2020 on the Public Procurement Code in the Republic of Benin (Loi No. 2020-26 du 29 septembre 2020 portant code des marchés publics en République du Bénin)
In accordance with Art. 75 of Law No. 2020-26, a community preference of up to 15% of the bid amount must be granted to the bid submitted by a company that is a national of the West African Economic and Monetary Union (WAEMU). The preferential regime applies provided that:
- In the case of suppliers, if they offer goods whose manufacturing cost includes an added value for one of the member countries of the WAEMU of at least 30%;
- In the case of service providers or consultants resident in the WAEMU, if the service is valued at more than 5% of the value of the service or consultation provided.
In addition, the community preference scheme may only be granted to the legal entities referred to in this article:
- If more than half of their capital belongs to nationals, whether natural or legal persons, of one of the member states of the WAEMU.
- If half of their deliberative and management bodies are controlled or held by nationals of one of the member states of the WAEMU.
Temporary groupings of foreign operators concluded with natural or legal persons who are members of a state of the WAEMU may also benefit from community preference.
Coverage Horizontal

BENIN

Since September 2020

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Law No. 2020-26 of 29 September 2020 on the Public Procurement Code in the Republic of Benin (Loi No. 2020-26 du 29 septembre 2020 portant code des marchés publics en République du Bénin)
Art. 76 of Law No. 2020-26 provides that a foreign candidate who is not a community enterprise and who plans to subcontract at least 30% of the contract's total value to a Beninese enterprise may be granted a margin of preference up to 10%.
Coverage Horizontal

BENIN

Since September 2020

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Law No. 2020-26 of 29 September 2020 on the Public Procurement Code in the Republic of Benin (Loi No. 2020-26 du 29 septembre 2020 portant code des marchés publics en République du Bénin)
Art. 77 of Law No. 2020 - 26 provides for a specific preference for micro, small and medium-sized enterprises (MSMEs). Any candidate for a public contract who plans to subcontract at least 30% of the total value of the said contract to one or more MSMEs benefits from a margin of preference that may not exceed 5%. In addition, notwithstanding the provisions relating to Community preference, when a public contract is awarded, a preference of 5% must be given to the tender submitted by an MSME. This preference rate may be combined with the Community preference rate of 15%.
Coverage Horizontal

CENTRAL AFRICAN REPUBLIC

Since May 2019
Since January 2018

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
Law No. 19.004 of 10 May 2019 on Standardisation, Certification, Accreditation, and Promotion of Quality in the Central African Republic (Loi No. 19.004 du 10 Mai 2019 Portant Normalisation, Certification, Accréditation, et Promotion de la Qualité en République Centrafricaine)

Law No. 18.002 Governing Electronic Communications in the Central African Republic (Loi No. 18.002 Régissant les Communications Électroniques en République Centrafricaine)
The Central African Republic has a national regulatory framework for standardisation and quality management since the enactment of Law No. 19.004. However, the countries is still in the process of establishing its National Standardisation Agency. Once established, the Agency will be the only institution authorised to adopt international standards and formulate national standards.
In the absence of national rules, imports must, in principle, be accompanied by a certificate of conformity (CdC) with international technical regulations.
It is reported that all products exported to the CAR are subject to the Pre-shipment Inspection Programme. Third-party results may be accepted under certain conditions. The following are accepted:
- laboratories accredited according to ISO/IEC 17025 or equivalent;
- Supplier's laboratories, provided that the installation is under the company's certified quality management system and whose key elements of the ISO/CEI 17025 standard are respected. The text of the law is not available online.
Regarding telecom equipment, Art. 92 of Law No. 18.002 stipulates that terminal equipment intended for connection to a publicly accessible network must undergo approval and certification by the Regulatory Authority. Moreover, approval and certification are mandated for all radio equipment and installations, irrespective of whether they are intended for connection to a public network. Art. 93 specifies that approval and certification confirm the equipment or installation's compliance with the technical standards and specifications established by the International Telecommunication Union (ITU). Additionally, Art. 97 provides that terminal equipment requiring approval must not be manufactured for the domestic market, imported for consumption, held for sale, distributed (whether free of charge or for remuneration), connected to a publicly accessible network, installed, or advertised unless it has been approved and remains in continuous compliance with the applicable requirements.
Coverage Electronic products

CENTRAL AFRICAN REPUBLIC

Since January 2018

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Restrictions on encryption standards
Law No. 18.002 Governing Electronic Communications in the Central African Republic (Loi No. 18.002 Régissant les Communications Électroniques en République Centrafricaine)
Art. 100 of Law No. 18.002 provides that, in order to preserve the interests of internal or external State security and national defence, the supply, operation or use of cryptology means or services must be subject to:
- Prior declaration regime when the only purpose of this means or service is to authenticate a communication or to ensure the integrity of the message.
- Authorisation regime, with a written opinion from the Minister in charge of national security and internal security in other cases.
The Electronic Communications and Postal Regulatory Authority (ARCEP) must lay down the conditions under which the declaration or authorisation must be made or granted. It may provide for a simplified declaration or authorisation regime for certain types of equipment or services or for certain categories of users (Art. 101).
Coverage Horizontal

CENTRAL AFRICAN REPUBLIC

Since December 2018, entry into force in March 2019
Since June 2019

Pillar Online sales and transactions  |  Sub-pillar Restrictions on online payments
Regulation No. 02/18/CEMAC/UMAC/CM of 21 December 2018 on Foreign Exchange Regulations in CEMAC (Règlement No. 02/18/CEMAC/UMAC/CM du 21 Décembre 2018 Portant Réglementation des Changes dans la CEMAC)

Instruction No. 8/GR/2019 on the Conditions and Modalities for Use of Electronic Payment Instruments Outside CEMAC (Instruction No. 008/GR/2019 Relative aux Conditions et Modalités d'Utilisation à l'Extérieur de la CEMAC des Instruments de Paiement Électronique)
According to the Instruction No. 8/GR/2019 issued by the Governor of the Bank of Central African States to facilitate the interpretation and implementation of the Economic and Monetary Community of Central Africa (CEMAC) Regulation 02/18/CEMAC/UMAC/CM, there is a limit of 1 million XAF (approx. USD 1,700) per month and per person for the remote settlement of transactions, including online payments. According to Arts. 7-8, justification needs to be provided above this limit. The Instruction provides guidance on the provision of Art. 34 of the Regulation, which implements certain limits for using electronic payment instruments outside the CEMAC and applies to the six CEMAC member states, including the CAR.
Coverage Electronic payment instruments

CENTRAL AFRICAN REPUBLIC

Reported in 2021, last reported in 2023

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is XAF 30,000 (approx. USD 50), below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

CENTRAL AFRICAN REPUBLIC

N/A

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
CAR does not have a legal framework that applies consumer protection to online transactions.
Coverage Horizontal

CENTRAL AFRICAN REPUBLIC

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
Lack of ratification of the UN Convention on the Use of Electronic Communications in International Contracts
The CAR has signed but not ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

CENTRAL AFRICAN REPUBLIC

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
The CAR 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

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