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COMOROS

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
Comoros lacks a comprehensive framework for consumer protection that applies to online transactions.
Coverage Horizontal

COMOROS

N/A

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Comoros does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties. However, there is reportedly an informal arrangement for a de minimis threshold of USD 116.
Coverage Horizontal

COMOROS

Since June 2015

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
Decree No. 15-093/PR of 10 June 2015 on the licence, authorisation, declaration and approval regime (Décret N°15-093/PR du 10 juin 2015 relatif au régime de la licence, de l'autorisation, de la déclaration et de l'agrément)
According to Arts. 13-19 of the Decree No. 15-093/PR, terminal equipment and radioelectric installations may only be manufactured, imported, sold or distributed in the domestic market if they have been approved in advance by the National Regulation Authority of Information and Communications Technology (Autorité Nationale de Régulation des TIC (ANRTIC)). The applicant needs to send an application detailing information on the equipment and installations submitted for approval to ANRTIC. The approval regime aims to confirm the compliance of the products with essential standards: user's security, security of personnel operating electronic communication networks, protection of networks (in particular exchanges of control and management information), suitability of equipment to operate with the network, proper use of the electrical radio frequency spectrum.
Coverage Terminal equipment and radioelectric installations

COMOROS

Since June 2015

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Decree No. 15-093/PR of 10 June 2015 on the licence, authorisation, declaration and approval regime (Décret N°15-093/PR du 10 juin 2015 relatif au régime de la licence, de l'autorisation, de la déclaration et de l'agrément)
According to Arts. 13-19 of the Decree No. 15-093/PR, terminal equipment and radioelectric installations may only be imported if they have been approved in advance by the National Regulation Authority of Information and Communications Technology (ANRTIC). The applicant needs to send an application detailing information on the equipment and installations submitted for approval to ANRTIC.
According to Art. 1 of the Decree, terminal equipment is defined as any device, equipment or set of equipment intended to be connected to a network termination point for the purpose of transmitting, processing or receiving information. Only equipment providing access to electronic communications services is covered, excluding audiovisual communications services. Radioelectric installations is defined as any transmission system, switching or routing equipment and other resources used to transmit signals by cable, regardless of the type of information transmitted.
Coverage Terminal equipment and radioelectric installations

COMOROS

Reported in 2022

Pillar Content access  |  Sub-pillar Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "6.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 3 in Comoros. This corresponds to "Rarely but there have been a few occasions throughout the year when the government shut down domestic access to Internet."
Coverage Horizontal

COMOROS

N/A

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringements
A basic legal framework on intermediary liability beyond copyright infringement is absent in Comoros's law and jurisprudence.
Coverage Internet intermediary

COMOROS

N/A

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Comoros's law and jurisprudence.
Coverage Internet intermediary

COMOROS

N/A

Pillar Domestic data policies  |  Sub-pillar Framework for data protection
Lack of comprehensive legal framework for data protection
Comoros does not have a comprehensive regime of data protection in place.
Coverage Horizontal

COMOROS

N/A

Pillar Cross-border data policies  |  Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Comoros has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal

COMOROS

N/A

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

COMOROS

Since March 2014

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of an independent telecom authority
Framework Law No. 14-031/AU on electronic communications of 17 march 2014 (Loi N. 14-031/AU relative aux communications électroniques du 17 mars 2014)
The National Regulation Authority of Information and Communications Technology (Autorité Nationale de Régulation des TIC (ANRTIC)) is the executive authority for the supervision and administration of services in the telecommunications sector and it is independent from the government in the decision-making process. According to Art. 6 of the Law No. 14-031/AU, the ANRTIC is legally distinct and functionally independent from the ministry in charge of electronic communication and the service suppliers.
Coverage Telecommunications sector

COMOROS

Since March 2014

Pillar Telecom infrastructure & competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Law No. 14-031/AU on electronic communications of 17 march 2014 (Loi N. 14-031/AU relative aux communications électroniques du 17 mars 2014)
Comoros mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market. Art. 49 of the Law No. 14-O31/AU states that operators of electronic communications networks having SMP must have a separate accounting for their interconnection activities. It is also reported that functional separation is mandated, but the relevant legislation has not been found.
Coverage Telecommunications sector

COMOROS

Since March 2014

Pillar Telecom infrastructure & competition  |  Sub-pillar Other restrictions to operate in the telecom market
Framework Law No. 14-031/AU on electronic communications of 17 march 2014 (Loi N. 14-031/AU relative aux communications électroniques du 17 mars 2014)
The licensing regime in the telecom sector is regulated by Law No. 14-031/AU. The regime is transparent and non-discriminatory. Art. 15 of the Framework Law No. 14-031/AU states that "Operators must be companies incorporated under Comorian law, subject to all the provisions of the present law and to Comorian common law, particularly regarding bank domiciliation requirements, use of foreign currency and invoicing currency."
Coverage Telecommunications sector

COMOROS

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
The government owns shares in certain telecommunications companies. In particular, the government owns fully of the operator Comores Telecom and owns 20% of the shares of the operator Telma Comores.
Coverage Telecommunications sector

COMOROS

Since March 2014

Pillar Telecom infrastructure & competition  |  Sub-pillar Passive infrastructure sharing obligation
Framework Law No. 14-031/AU on electronic communications of 17 march 2014 (Loi N. 14-031/AU relative aux communications électroniques du 17 mars 2014)
Passive infrastructure sharing is reported to be mandatory in Comoros for the provision of telecommunications services to end-users. It is practiced in the mobile sector and in the fixed sector based on commercial agreements. According to Art. 53 of Law No. 14-031 on electronic communications, the National Regulation Authority of Information and Communications Technology (Autorité Nationale de Régulation des TIC (ANRTIC)) shall encourage the conclusion of agreements for the sharing of infrastructure masts, ducts and towers, electrical equipment, and land.
Coverage Telecommunications sector

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