CABO VERDE
Since April 2015
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Law No. 88/VIII/2015 of 14 April, Approving the Public Procurement Code and Establishing the Public Procurement Regime (Lei No. 88/VIII/2015 de 14 de abril, aprova o Código da Contratação Pública, que estabelece o regime de contratação pública)
Art. 99.4 of the Public Procurement Code provides that factors may be foreseen that grant greater weight to bids submitting goods produced, extracted or farmed in Cabo Verde or relating to services provided or supplies made by entities of Cabo-Verdean nationality or with registered offices in Cabo-Verdean territory. Moreover, Art. 13 states that, in the contract formation procedure, all factors contributing to the promotion of national economic development, production development, procurement, industry and services of Cabo Verde, as well as compliance with national social policies, shall be considered.
Coverage Horizontal
CABO VERDE
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)
Cabo Verde is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
CABO VERDE
Since September 2013
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Decree-Law No. 34/2013 of 24 September, Amending and Republishing Law No. 13/VIII/2012 of 11 July, Approving the Investment Law of Cabo Verde (Decreto-Lei No. 34/2013, de 24 de setembro, altera e republica a Lei No. 13/VIII/2012, de 11 de julho, que aprova a Lei de Investimento de Cabo Verde)
There are no foreign ownership limitations in sectors relevant to digital trade, as confirmed by Decree-Law No. 34/2013.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230923140435/https://www.cvtradeinvest.cv/assets/files/Lei_investimentos.pdf
- https://web.archive.org/web/20231210163044/https://investmentpolicy.unctad.org/investment-laws/laws/316/cabo-verde-investment-law-
- https://web.archive.org/web/20231212200716/https://www.trade.gov/country-commercial-guides/cabo-verde-distribution-sales-channels
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CABO VERDE
Reported in 2022, last reported in 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Screening of investment
It is reported that an approval process serves as a screening mechanism for inbound foreign investment. The process begins with the submission of a formal expression of interest to the investment promotion agency Cabo Verde TradeInvest in accordance with the Investment Law. Relevant government entities (depending on the sector and the nature of the investment) then conduct an integrated review of the investment project and provide an opinion. If the opinion is favourable, Cabo Verde TradeInvest, in coordination with relevant agencies, approves the project and issues an investor certificate no later than 45 days from the submission of interest.
Coverage Horizontal
CABO VERDE
Since August 2007
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Legislative Decree No. 4/2007 of 20 August 2007, Approving the Intellectual Property Code (Decreto-Legislativo No. 4/2007, de 20 de agosto, que aprova o Código da Propriedade Intelectual)
Art. 226 of the Legislative Decree approving the Intellectual Property Code provides that the applicant must appoint a representative in Cabo Verde in the case of patent applications filed by interested parties (natural or legal persons) who are not domiciled or established in Cabo Verde. However, the interested party or the holder of the right, whether natural or legal, domiciled or resident in Cabo Verde, is free to present his applications for industrial property titles in person or to have them presented by a recognised lawyer (Art. 225(1)).
Coverage Horizontal
Sources
- https://web.archive.org/web/20241128134650/https://igqpi.cv/wp-content/uploads/2021/10/Decreto-Legislativo-no-4_2007_-Aprova-o-Co%CC%81digo-da-Propriedade-Industrial.pdf
- https://web.archive.org/web/20230325062933/https://intellectual-property-helpdesk.ec.europa.eu/system/files/2022-02/Africa_helpdesk_IP-Country-Fiche_CABO-VERDE.pdf
CABO VERDE
Since July 2022
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Cabo Verde is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
Sources
- https://www.wipo.int/pct/en/pct_contracting_states.html
- https://www.wipo.int/wipolex/en/treaties/ShowResults?start_year=ANY&end_year=ANY&search_what=C&code=ALL&treaty_id=6
- https://web.archive.org/web/20231001191041/https://www.ipstars.com/NewsAndAnalysis/Cape-Verde-steps-up-its-pace-in-IP-protection/Index/8368
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CABO VERDE
Since April 2009, last amended in November 2017
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Decree-Law No. 1/2009 of 27 April 2009, on the Revision of Copyright Law (Decreto-Legislativo No. 1/2009 de 27 de abril de 2009, sobre a Revisão da Lei dos Direitos do Autor)
Cabo Verde has a copyright regime under Decree-Law No. 1/2009. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Art. 62 lists the exceptions, which include: the purposes of research or private study by the person using the work; the use in a private event that is not for profit and for which entry is not charged; the review or news reporting; the reproduction by photographic or similar processes, when carried out for didactic purposes by public or private libraries or centres; the use in documentation files of general interest or public institutions with a scientific or technological vocation; or the use by educational establishments; the reproduction of works, permanently exposed to the public through images or reports for academic use; the reproduction of an arrangement or translation exclusively for individual and private use; quotations from copyright work and critics; speeches and lectures before the media; performance of hymns, as well as works of a religious character; private reproduction of an arrangement or translation exclusively for an individual; among others.
Coverage Horizontal
Sources
- https://www.wipo.int/wipolex/en/text/504237
- https://web.archive.org/web/20210301155712/http://igae.cv/igae/wp-content/uploads/2019/04/Decreto-Legislativo-1-2009-de-27-de-Abril-Lei-dos-Direitos-de-Autor-1-Vers%C3%A3o-consolidada.pdf
- https://www.wipo.int/wipolex/en/text/504247
- https://web.archive.org/web/20241128134326/https://kb-wordpress.gov.cv/wp-content/uploads/2020/05/cv028pt-1.pdf
- https://web.archive.org/web/20230325062933/https://intellectual-property-helpdesk.ec.europa.eu/system/files/2022-02/Africa_helpdesk_IP-Country-Fiche_CABO-VERDE.pdf
- https://web.archive.org/web/20230528113947/https://www.wipo.int/edocs/mdocs/copyright/en/wipo_cr_nbo_19/wipo_cr_nbo_19_education.pdf
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CABO VERDE
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)
5.28%
Coverage rate of zero-tariffs on ICT goods (%)
42.44%
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
BURUNDI
Since April 2014
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Decree No. 100/97 of 18 April 2014 Establishing the Operating Conditions of the Electronic Communications Sector (Décret No. 100/97 du 18 avril 2014 portant fixation des conditions d'exploitation du secteur des communications électroniques)
According to Art. 17 of Decree No. 100/97, importers of electronic communications equipment must register and obtain validation and authorisation of intent to import from the Telecommunications Regulatory and Control Agency (ARCT).
Coverage Importers of electronic communications equipment
BURUNDI
N/A
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Supplier Declaration of Conformity allowed for foreign businesses
Type approval procedures in Burundi are regulated by the "Agence de regulation et de controle des telecommuincations". It is reported that the conformity requirements are similar to those of the European Union. The homologation process in X does not require local laboratory testing or contact with local representatives.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240302144127/https://ib-lenhardt.com/type-approval/burundi
- https://web.archive.org/web/20230531182333/https://bbnburundi.org/qualite/
- https://web.archive.org/web/20230112132704/https://bbnburundi.org/wp-content/uploads/2019/04/listofnationalstandardsadopted.pdf
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BURUNDI
Since April 2014
Pillar Online sales and transactions |
Indicator Licensing scheme for e-commerce providers
Decree No. 100/97 of 18 April 2014 Establishing the Operating Conditions of the Electronic Communications Sector (Décret No. 100/97 du 18 avril 2014 portant fixation des conditions d'exploitation du secteur des communications électroniques)
According to Arts. 20-21 of Decree No. 100/97, any natural or legal person wishing to operate a value-added service must obtain prior authorisation from the "Agence de Régulation et de Contrôle des Télécommunications" (ARCT, Regulatory Agency for Telecommunications). According to the Decree, value-added services include exploiting electronic commerce platforms and operating money transfer and mobile payment platforms. To apply, the following documents must be submitted: a reasoned application, the identification of the applicant, the technical and financial means that it intends to use, and the concessionaire with whom it intends to establish a partnership, if applicable.
Coverage E-commerce sector
BURUNDI
N/A
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Burundi does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties. However, there is an informal reported threshold of USD 100.
Coverage Horizontal
BURUNDI
Since January 2015
Pillar Online sales and transactions |
Indicator Local presence requirements for digital services providers
Law No. 1/01 of 16 January 2015 Revising the Commercial Code (Loi No. 1/01 du 16 janvier 2015 portant révision du Code de commerce)
According to Art. 18 of Burundi's Commercial Code, foreign merchants residing outside Burundi must have an elected domicile in Burundi and appoint a legal representative who has permanent residence in Burundi.
Coverage Horizontal
BURUNDI
N/A
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
Burundi does not have a legal framework that applies consumer protection to online transactions. However, the Electronic Transaction Law covering online consumer protection is in draft state.
Coverage Horizontal
BURUNDI
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
Burundi has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
