Database

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GABON

N/A

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
It is reported that Gabon mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector

GABON

N/A

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

GABON

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Post and Electronic Communications 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

GABON

Since July 1998

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Law No. 15/98 of 23 July 1998 establishing the Investment Charter in the Gabonese Republic (Loi No.15/1998 instituant la Charte des Investissements)
There are no limits on foreign ownership or control in Gabon. Investments in Gabon are governed by the Gabonese 1998 Investment Charter of 1998, which is aligned with the Central African Economic and Monetary Community (CEMAC) investment regulations. The Charter provides the same rights to foreign companies operating in Gabon as to domestic firms.
Coverage Horizontal

GABON

Since February 1999, entry into force in February 2002, last amended in December 2015
Since December 2019, entry into force in March 2020

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the application process for patents
Bangui Agreement Relating to the Creation of an African Intellectual Property Organization, Constituting a Revision of the Agreement Relating to the Creation of an African and Malagasy Office of Industrial Property (Bangui (Central African Republic), 2 March 1977) (Accord de Bangui relatif à la création d'une organization Africaine de la Propriété Intellectuelle, constituant révision de l'Accord relatif à la création d'un Office Africain et Malgache de la Propriété Industrielle (Bangui (République centrafricaine), le 2 mars 1977)

Regulations on the Profession of Authorised Agent Before the African Intellectual Property Organization (Règlement sur la Profession de Mandataire Agréé auprès de l'Organisation Africaine de la Propriété Intellectuelle)
According to the Bangui Agreement, ratified by 17 French-speaking States, including Gabon, applicants resident outside the territory of the Member States must file through an agent selected in one of those Member States (Section III, Art. 8). The professional status of agent accredited to the African Intellectual Property Organization (OAPI) is governed by the Regulations on the profession of Authorised Agent before the OAPI.
Coverage Horizontal
"SELECT DISTINCT(post_id) 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 = 'GA')\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') 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 = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"99974"},{"post_id":"99975"},{"post_id":"99976"}]
"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 = 'GA')\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 = 'GA')\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"}]

GABON

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)
12.83%
Coverage rate of zero-tariffs on ICT goods (%)
0.84%
Coverage: ICT goods

GABON

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 Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Gabon is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods

GABON

Since January 2018

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Decree No. 00027/PR/MEPPDD of 17 January 2018 on the Public Procurement Code (Code des Marchés Publics 2018 Décret No. 00027/PR/MEPPDD du 17 janvier 2018)
According to Art. 119 of the Public Procurement Code 2018, when awarding a contract, in case of equivalent offers, priority is given to a tender presented either by (i) a natural or legal person of Gabonese law; (ii) a natural or legal person proving an economic activity on Gabonese territory; (iii) a small and medium-sized national company whose capital is majority owned by people of Gabonese nationality or Gabonese law; and (iv) business groups associating Gabonese companies or providing for significant subcontracting to nationals. In the regional framework, a community preference can be attributed to the offer presented by a company from the area of ​​the Economic and Monetary Community of Central Africa (CEMAC). In accordance with Art. 119, the margin of preference is 10% for works contracts and 15% for supply contracts.
Coverage Horizontal

GABON

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)
Gabon is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal

FRANCE

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
France has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

FRANCE

Since March 2010, entry into force in May 2010, last amended in 2018
Since June 2021

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Local content requirements (LCRs) on ICT goods for the commercial market
EU Directive on Audiovisual Media Services (AVMS)

Decree 2021-793 on On-Demand Audiovisual Services (Décret No. 2021-793 du 22 juin 2021 relatif aux services de médias audiovisuels à la demande)
The EU Directive on Audiovisual Media Services (AVMS) covers traditional broadcasting services as well as audiovisual media services provided on-demand, including via the Internet. Art. 13.1 provides for Member States to secure a minimum 30% share of European works in the catalogues as well as "ensuring prominence" of those works. "Prominence" involves promoting European works by facilitating access to such works using any appropriate means to ensure their prominence. The Directive has been implemented by Member States in different ways, ranging from very extensive and detailed measures to a mere reference to the general obligation to promote European works.
In France, the EU Directive was transposed into domestic law through Decree 2021-793 on On-Demand Audiovisual Services. According to Art. 28 of the Decree, service providers must reserve a minimum share of the total number of feature-length cinematographic and audiovisual works made available to the public, specifically at least 60% for European works and 40% for original French-language works.
Furthermore, under Art. 14 of the Decree, providers of audiovisual streaming services operating in the French market are required to invest 25% of their annual turnover in France into European or French-language productions if they exhibit at least one cinematic work that has been released in theatres within the previous 12 months. In all other cases, the investment requirement is reduced to 20%. The specific details of this investment can be established in an agreement with the Superior Audiovisual Council.
Coverage On-demand audiovisual service

FRANCE

Since August 2019

Pillar Technical standards applied to ICT goods and online services  |  Indicator Product screening and additional testing requirements
Act 2019-810 on Preserving the Interests of Defence and National Security in the Framework of Exploiting Mobile Radioelectric Networks (Loi No. 2019-810 du 1er août 2019 visant à préserver les intérêts de la défense et de la sécurité nationale de la France dans le cadre de l'exploitation des réseaux radioélectriques mobiles)
Under the "Act aiming to preserve the interests of defence and national security in the framework of exploiting mobile radioelectric networks", any components used to connect consumers with mobile telecommunications networks are subject to prior approval by the Prime Minister, whose decision is based on the permanence, integrity, security and the availability of networks, as well as the confidentiality of the messages transmitted. Fourth-generation networks and older generations are exempted.
Coverage Network equipment

FRANCE

Since March 2022

Pillar Technical standards applied to ICT goods and online services  |  Indicator Restrictions on encryption standards
Certification Framework for Cloud Service Providers (SecNumCloud) - Version 3.2 (Prestataires de services d’informatique en nuage (SecNumCloud) référentiel d’exigences Version 3.2)
Under the Certification framework for cloud service providers, only providers who are certified under the SecNumCloud standard have access to public procurement tenders for cloud services. The SecNumCloud standard requires providers to use root certificates emitted by the certification authority of an EU Member State in the presence of the provider.
Coverage Cloud services

FRANCE

Since February 1952, last amended in November 2021

Pillar Online sales and transactions  |  Indicator Restrictions on domain names
Postal and Electronic Communications Code (Code des Postes et des Communications Électroniques)
According to Art. 45-3 of the Postal and electronic communications code, ".fr" domains can only be registered by physical persons residing in the territory of an EU member state or legal persons established there.
Coverage Horizontal

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