RWANDA
Entry into force in 2018
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Law No.62/2018 of 25/08/2018 Governing Public Procurement
There is a local content requirement as Article 80 of the Law Governing Public Procurement. The Law outlines that a local preference of 15% is given to goods or supplies produced or manufactured in Rwanda during the procurement of goods and to companies.
Coverage Horizontal
RWANDA
Entry into force in 2018
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Law No.62/2018 of 25/08/2018 Governing Public Procurement
There is preferential treatment to domestic service suppliers over foreign suppliers as Article 81 of the Law Governing Public Procurement. The Law outlines that a local preference of 10% is given to bidders registered in Rwanda during the procurement of works and non-consultancy services.
Coverage Horizontal
RWANDA
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA)
Lack of signature of the WTO Agreement on Government Procurement
Rwanda is not a signatory of the WTO Agreement on Government Procurement (GPA) nor is it an Observer country participating in the Committee on Government Procurement.
Coverage Horizontal
RWANDA
Entry into force in 2021
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Nationality/residency requirement for directors or managers
Law N° 006/2021 of 05/02/2021 on Investment Promotion and Facilitation
The Law on Investment Promotion and Facilitation has outlined various conditions for a registered investor to enjoy a preferential corporate income tax rate of 3%. In most cases, having a certain percentage of directors residing in Rwanda or a certain number of professional or qualified Rwandan residents are members of the Board of Directors are factors considered to be granted preferential tax treatment.
Coverage Horizontal
RWANDA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the enforcement of patents
Lack of effective enforcement of patents
It is reported that there is weak enforcement of patents' rights due to inadequate capacity and knowledge of intellectual property law by the justice sector which affect the ruling of infringement cases.
Coverage Horizontal
RWANDA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Effective tariff rate to ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
6.23%
Coverage rate of zero-tariffs on ICT goods (%)
51.61%
Coverage: Digital goods
MOZAMBIQUE
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention of Electronic Communications
Lack of signature of the UN Convention on Electronic Communications
Mozambique did not sign the United Nations Convention on the Use of Electronic Communications in International Contracts. However, it is reported that the legislation also includes substantive provisions of the convention.
Coverage Horizontal
MOZAMBIQUE
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
Lack of adoption of the UNCITRAL Model Law on Electronic Signatures
Mozambique did not adopt the Model Law on Electronic Signatures.
Coverage Horizontal
MOZAMBIQUE
Since November 2018
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Self-certification for product safety
Decree no. 66/2018 of 9 November - Regulation of approvals of telecommunication equipment
According to the Decree no. 66/2018 (Art. 9-10), local certification is required for the Mozambique Telecommunication Regulatory Authority to certify the conformity of telecommunication and radio equipment. The Authority recognizes the certification carried out by foreign certification authorities in accordance with the Mutual Recognition Agreements.
Coverage Telecommunication and radio communication equipment
MOZAMBIQUE
N/A
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 and taxes, is set at 12 USD (9 SDR).
Coverage Horizontal
MOZAMBIQUE
Since January 2017
Since September 2020
Since September 2020
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
Law No. 3/2017 of 09 January - Electronic Transactions Law
Regulation on the use of the domain "MZ" - Decree no. 82/2020 of 10 September
Regulation on the use of the domain "MZ" - Decree no. 82/2020 of 10 September
According to the Electronic Transactions Law (Articles 5-6), a local presence in Mozambique is required to acquire a local domain name (".mz"). The domain name regulation falls under the competence of the National Institute of Information and Communication Technologie - INTIC (Regulatory entity), which can grant the registration or assign this function to third parties (agents). According to the Decree no. 82/2020 of 10 September (article 8) to be eligible and qualify as domain registration agents, those third parties must be national entities proving internet DNS services, ICT service providers or, if foreign, they must have a branch in Mozambique.
Coverage Horizontal
MOZAMBIQUE
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for any activity other than copyright infringement
Lack of safe harbor
According to the national regulations, Mozambique does not have a safe harbor in place, as the legal framework massively sets out the obligations of the intermediaries in ensuring the appropriate technical and organizational measures required for the integrity of their networks and risk reduction when it comes to the activities performed by the users of the services.
Coverage Intermediaries
MOZAMBIQUE
Since September 2010
Pillar Intermediary liability |
Sub-pillar User identity requirement
Ministerial Decree No. 153/2010 of September 15th - Regulation on the registration of subscriber identification modules (SIM cards)
According to Articles 6-8 of the regulation on the registration of subscriber identification modules (SIM cards), the operators and providers of public telecommunications services are obliged to register the SIM cards of all their subscribers and ensure that subscribers provide correct and reliable information regarding personal data by comparing identification documents or assessing the presented testimonial evidence.
Coverage Operators and providers of public telecommunications services
MOZAMBIQUE
Since January 2017
Since October 2020
Since October 2020
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Law No. 3/2017 of 09 January - Electronic Transactions Law
Decree no. 90/2020 of 09 October - Statute of the National Institute of Information and Communication Technologies
Decree no. 90/2020 of 09 October - Statute of the National Institute of Information and Communication Technologies
According to Art.13 of the Electronic Transactions Act, intermediary service providers must obtain a license to operate in Nigeria. The authorization for the exercise of the activities of intermediary service providers is the responsibility of the regulator. According to the glossary of the Act, an intermediary service provider is any person who, on behalf of another, sends, receives or stores data messages. They are those who provide access to or provide services from the network (access providers, content providers, application providers and hosting providers).
According to Art. 7 (1) (q) of the Decree No. 90/2020, entities intending to become online service providers in Mozambique have to apply for specific licenses, in addition to general licenses to conduct business (commercial license) and also seek approval from the National Institute of Information and Communication Technologies (INTIC) and the Mozambique National Institute for Communications (INCM).
According to Art. 7 (1) (q) of the Decree No. 90/2020, entities intending to become online service providers in Mozambique have to apply for specific licenses, in addition to general licenses to conduct business (commercial license) and also seek approval from the National Institute of Information and Communication Technologies (INTIC) and the Mozambique National Institute for Communications (INCM).
Coverage Online services
MOZAMBIQUE
Reported in 2021
Pillar Quantitative trade restrictions for ICT goods, products and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Authorization to make foreign payments
It is reported that, to pay for imports, Mozambican firms need to justify their payment to the Bank of Mozambique and obtain authorization to make foreign payments. This is a common practice, but can be lengthy and cause the importer to take more time to process payments.
Coverage Horizontal