LIBERIA
Since January 2020
Pillar Cross-border data policies |
Indicator Conditional flow regime
Regulations Concerning the Licensing & Operations of Electronic Payment (E-Payment) Services (No. CBL/RSD/003/2020)
Regulation 9.0 of Regulations No. CBL/RSD/003/2020 provides that IT and security systems of e-payment service providers should be hosted locally to provide ease of support and guarantee data ownership; however, if the system is hosted in another jurisdiction, licensed institutions shall ensure that the information requested is provided promptly and that the Central Bank of Liberia has unfettered access to reports generated by the system.
Coverage E-payment service providers
LIBERIA
N/A
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Liberia has not joined any free trade agreement committing to open transfers of cross-border data flows.
Coverage Horizontal
LIBERIA
N/A
Pillar Domestic data policies |
Indicator Framework for data protection
Lack of comprehensive data protection law
There is no general framework on data protection. However, the Central Bank regulations provide protection for consumers of online financial services under the Central Bank of Liberia Regulation No. CBL/RSD/001/2019.
Coverage Horizontal
LIBERIA
Since 2007
Since 2015
Since 2015
Pillar Domestic data policies |
Indicator Minimum period for data retention
Telecommunications Act 2007
Telecommunications International Traffic Regulations of 2015, LTA-REG-0005
Telecommunications International Traffic Regulations of 2015, LTA-REG-0005
Section 48 of the Telecommunications Act requires service providers to keep accurate records of all customer charges and invoices for a period of at least 12 months from the date the charge was incurred or the billing date. Additionally, Section 71 requires service providers to retain traffic information in accordance with the Regulator's specifications and guidelines. The Telecommunications International Traffic Regulations provide the details in Section 71. Section 3.1 of Part III requires that all service providers shall capture and maintain a copy of the call detail records covering all international voice traffic. Section 3.2 further states that the international call maintained shall be retained by the service providers for no less than five years.
Coverage Telecommunications sector
LIBERIA
N/A
Pillar Intermediary liability |
Indicator 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 Liberia's law and jurisprudence.
Coverage Internet intermediaries
LIBERIA
N/A
Pillar Intermediary liability |
Indicator 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 Liberia's law and jurisprudence.
Coverage Internet intermediaries
LIBERIA
Since March 2020
Pillar Intermediary liability |
Indicator User identity requirement
LTA Order 0018-03-12-2020 Implementing the SIM Card Registration Regulations
The Liberia Telecommunications Authority Regulations make it mandatory for all active SIM/RIUM card users to register their cards with their telecommunications service providers using their National Identification Cards issued by the National Identification Registry. Pursuant to Art. 4 of LTA Order 0018-03-12-2020 implementing the SIM Card Registration Regulations, all telecommunications service providers shall, as of January 1, 2021, initiate and enforce the registration of all new subscribers in accordance with the amended SIM Card Registration Regulations.
Coverage Telecommunications service providers
Sources
- https://web.archive.org/web/20210821174651/https://www.lta.gov.lr/download/2010/
- https://web.archive.org/web/20211201214915/https://www.lta.gov.lr/news/lta-issues-amended-sim-card-registration-regulations/
- https://web.archive.org/web/20240617203530/https://itweb.africa/content/JBwErvnBZ9av6Db2
- Show more...
LIBERIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Liberia has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
LIBERIA
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)
10.21%
Coverage rate of zero-tariffs on ICT goods (%)
4.93%
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
LIBERIA
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Liberia is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
Sources
- 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
- Show more...
LIBERIA
Since September 2005, last amended in September 2010
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Public Procurement and Concessions Act, 2005
According to Art. 49 of The Public Procurement and Concessions Act, 2005, the Procuring Entity shall employ international competitive bidding procedures when the estimated contract amount exceeds the following value threshold:
- In the case of contracts for the procurement of goods, USD 100,000;
- In the case of contracts for the procurement of services, USD 50,000;
- In the case of contracts for the procurement of works, USD 200,000.
In addition, international competitive bidding may only be employed when domestic competitive bidding fails to secure effective competition, requiring the invitation of foreign firms. This is applicable if (a) the estimated contract price exceeds the ceiling threshold established by the Commission’s Regulations for national open competitive bidding, unless the Commission approves an exception based on sufficient competition at the national level; or (b) no responses are received in a national open competitive bidding process. Regardless of thresholds, the Procuring Entity may engage in international competitive bidding if effective competition cannot otherwise be obtained.
- In the case of contracts for the procurement of goods, USD 100,000;
- In the case of contracts for the procurement of services, USD 50,000;
- In the case of contracts for the procurement of works, USD 200,000.
In addition, international competitive bidding may only be employed when domestic competitive bidding fails to secure effective competition, requiring the invitation of foreign firms. This is applicable if (a) the estimated contract price exceeds the ceiling threshold established by the Commission’s Regulations for national open competitive bidding, unless the Commission approves an exception based on sufficient competition at the national level; or (b) no responses are received in a national open competitive bidding process. Regardless of thresholds, the Procuring Entity may engage in international competitive bidding if effective competition cannot otherwise be obtained.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230322125938/https://www.clientearth.org/media/l2pj41mw/act-2005-act-creating-the-public-procurement-and-concessions-commission-abstract-ext-en.pdf
- https://web.archive.org/web/20231209085732/https://www.leiti.org.lr/sites/default/files/documents/Public-Procurement-and-Concessions-Act-PPCA-Liberia.pdf
LIBERIA
Since September 2005, last amended in September 2010
Since June 2014
Since June 2014
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Public Procurement and Concessions Act, 2005
Regulations Accompanying the Public Procurement and Concessions Commission Act of 2005 as Amended and Restated in 2010
Regulations Accompanying the Public Procurement and Concessions Commission Act of 2005 as Amended and Restated in 2010
Section 45 of the Amendment and Restatement of the Public Procurement and Concessions Act gives a public procuring entity the authority to grant a margin of preference to domestic businesses, solely Liberian-owned businesses and Liberian businesses, based on thresholds promulgated through regulations by the Public Procurement-and Concession Commission. The general objective is to give these businesses an advantage in the procurement of works, services, goods, etc., against foreign competitors. According to Sections 21 and 67 of the Regulations Accompanying the Public Procurement and Concessions Commission Act of 2005, as Amended and Restated in 2010, the margin of preference ranges from 2% to 50% for procuring entities and 4% to 25% for concessionaires.
Coverage Horizontal
LIBERIA
Reported in 2023
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Preferential Procurement Policies for Domestic MSMEs
It is reported that contracting entities are required to set aside 25% of public procurement for those MSMEs with a minimum 51% Liberian ownership, and the primary signatories of their bank accounts must be Liberians. Within this 25%, 5 percentage points in value terms is reserved for women-owned MSMEs. However, according to the authorities this has not been applied in practice.
Coverage Horizontal
LIBERIA
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)
Liberia is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal
