Database

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CENTRAL AFRICAN REPUBLIC

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Lack of comprehensive trade secret regime
The Central African Republic does not have a comprehensive framework that provides effective protection of trade secrets, but there are limited measures addressing some related issues. The country has established provisions addressing disclosure, acquisition or use of confidential information in the course of industrial or commercial activities by third parties in Art. 6 of Annex VIII of the Bangui Agreement ratified by 17 French-speaking States, including the Central African Republic since 2002.
Coverage Horizontal

CENTRAL AFRICAN REPUBLIC

Since February 2019
Since January 2018

Pillar Telecom infrastructure & competition  |  Sub-pillar Passive infrastructure sharing obligation
Decree No. 9.042 of 20 February 2019 Defining the Obligations of Sharing Electronic Communications Infrastructure (Décret No. 9.042 du 20 Février 2019 Définissant les Obligations de Partage d'Infrastructure de Communications Électroniques)

Law No. 18.002 Governing Electronic Communications in the Central African Republic (Loi No. 18.002 Régissant les Communications Électroniques en République Centrafricaine)
Arts. 35 and 42 of Law No. 18.002 and Decree No. 9.042 set an obligation for passive infrastructure sharing in the Central African Republic to deliver telecom services to end users.
Coverage Telecommunications sector

CENTRAL AFRICAN REPUBLIC

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
It is reported that the government owns 60% of Société Centrafricaine de Télécommunications (SOCATEL) stock. SOCATEL is the leading telecommunications and Internet service provider in the Central African Republic.
Coverage Telecommunications sector

CENTRAL AFRICAN REPUBLIC

Since January 2018

Pillar Telecom infrastructure & competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Law No. 18.002 Governing Electronic Communications in the Central African Republic (Loi No. 18.002 Régissant les Communications Électroniques en République Centrafricaine)
According to Law No. 18.002, the regulatory authorities may impose accounting separation concerning certain activities in the field of interconnection and/or access for the dominant operator (Art. 50). It is also reported that the Central African Republic imposes functional and accounting separation for operators with significant market power (SMP) in the telecommunications sector.
Coverage Telecommunications sector

CENTRAL AFRICAN REPUBLIC

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Signature of the World Trade Organization (WTO) Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
The CAR has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

CENTRAL AFRICAN REPUBLIC

Since May 2017, entry into force in January 2018

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of an independent telecom authority
Law No. 17.020 of May 2017 Establishing the Regulatory Authority for Electronic Communications and Posts in CAR (Loi No. 17.020 de Mai 2017 Portant Création de l'Autorité de Régulation des Communications Électroniques et des Postes en RCA)
According to Art. 2 of Law No. 17-020, the Electronic Communications and Postal Regulatory Authority (ARCEP), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
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[{"post_id":"68749"},{"post_id":"68750"},{"post_id":"68751"}]
"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 = 'CF')\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 = 'CF')\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"}]

CENTRAL AFRICAN REPUBLIC

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)
12.25%
Coverage rate of zero-tariffs on ICT goods (%)
0.14%
Coverage: Digital goods

CENTRAL AFRICAN REPUBLIC

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)
Central Africa Republic is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods

CENTRAL AFRICAN REPUBLIC

Reported in 2023

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Exclusion from public procurement
High thresholds for competitive bidding
It is reported that the Government is authorised to conduct competitive bidding when the price of the project exceeds 250 million CFA francs (approx. USD 415,160) for services and above 25 Million CFA francs (approx. USD 41,516) for intellectual services.
Coverage Horizontal

CENTRAL AFRICAN REPUBLIC

Since June 2008

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Law No. 08-017 of 6 June 2008 on the Public Procurement Code in the CAR (Loi No. 08-017 du 6 Juin 2008 Portant sur le Code des Marchés Publics en RCA)
According to Law No. 08-017 on the Public Procurement Code in CAR, when awarding a public contract or a public service delegation, preference may be given to the bid submitted by a company with its head office in the Central African Republic. Firms having their registered office in a CEMAC Member State may benefit from the above-mentioned preference rules. This margin of preference, quantified as a percentage of the amount of the bid, may in no case exceed 15% for national firms and 10% for firms having their headquarters in CEMAC countries (Art. 64).
Moreover, a contract applicant who plans to subcontract at least 30% of the total value of the contract to a company in a CEMAC member state may be granted a margin of preference not exceeding 5%, which may be added to the preference referred to in Art. 64 of this law (Art. 26). This applies to contracts for a local authority or one of its public establishments.
Coverage Horizontal

CENTRAL AFRICAN REPUBLIC

N/A

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Signatory of the World Trade Organization (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)
CAR is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal

CENTRAL AFRICAN REPUBLIC

Since July 2001

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Law No. 01-010 of 16 July 2001 on the Charter of Investments in the Central African Republic (Loi No. 01-010 du 16 Juillet 2001 Portant Charte des Investissements en République Centrafricaine)
According to the Investment Charter of 2001 in CAR, any natural or legal person, Central African or foreign, regardless of their place of residence, may undertake and freely carry out economic activities in CAR, subject to specific provisions aimed at protecting the environment, health and public hygiene. In this regard, no discrimination can take place between natural or legal persons of Central African nationality and those of foreign nationalities, subject to measures relating to all foreign nationals and the application of the same principle of equal treatment by the State of which the foreign natural or legal person is a national (Art. 9).
Coverage Horizontal

CENTRAL AFRICAN REPUBLIC

Since January 2014

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Nationality/residency requirement for directors or managers
Revised Uniform Act on the Law of Commercial Companies and Economic Interest Groups (Acte uniforme révisé relatif au droit des sociétés commerciales et du groupement d'intérêt économique)
According to Art. 103 of the Revised Uniform Act relating to the Law of Commercial Companies and Economic Interest Groups of the Organization for the Harmonization of Business Law in Africa (OHADA) applied by the CAR, the founders of companies must be domiciled in one of the States Parties. OHADA includes 17 countries, namely Benin, Burkina Faso, Côte d'Ivoire, Guinea-Bissau, Mali, Niger, Senegal, Togo, Cameroon, Congo, Gabon, Equatorial Guinea, Central African Republic, Chad, Comoros, Guinea, and the Democratic Republic of Congo.
Coverage Horizontal

JAPAN

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
Japan 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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