SAO TOME AND PRINCIPE
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 I) and in ITA Expansion Agreement (ITA II)
São Tomé e Príncipe is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA I) nor the 2015 expansion (ITA II). In fact, São Tomé e Príncipe is not a member of the WTO, although it is an observer.
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
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SAO TOME AND PRINCIPE
Since August 2009
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Law No. 8/2009 - Approves the Bidding and Public Procurement Regulations (Lei No. 8/2009 - Aprova o Regulamento de Licitação e Contratações Públicas)
According to Art. 43 of Law No. 8/2009, domestic preference margins may be applied in international public tenders, allowing up to 7.5% for works and up to 10% for goods and services produced in São Tomé e Príncipe.
Coverage Horizontal
SAO TOME AND PRINCIPE
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)
São Tomé e Príncipe is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status. In fact, São Tomé e Príncipe is not a member of the WTO, although it is an observer.
Coverage Horizontal
SAO TOME AND PRINCIPE
Since April 1993
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Law No. 2/93 - Press Law (Lei No. 2/93 - Lei de Imprensa)
Art. 13 of Law No. 2/93 states that journalistic companies with a profit motive, based in the country and subject only to São Toméan law, may have foreign capital participation up to 25% and without voting rights. This includes online newspapers. In fact, Art. 10 defines journalistic companies as those whose main purpose is the collection, processing and dissemination of news, comments and images intended for publication in the periodical press.
Coverage Online newspapers
SAO TOME AND PRINCIPE
Since April 1993
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Nationality/residency requirement for directors or managers
Law No. 2/93 - Press Law (Lei No. 2/93 - Lei de Imprensa)
Art. 14.1 of Law No. 2/93 requires that directors and managers of journalistic companies must be nationals or natural persons in full possession of their civil rights and resident in the country. This includes online newspapers. In fact, Art. 10 defines journalistic companies as those whose main purpose is the collection, processing and dissemination of news, comments and images intended for publication in the periodical press.
Coverage Online newspapers
SAO TOME AND PRINCIPE
Since November 2016
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Decree-Law No. 19/2016 - Investment Code (Decreto-Lei No. 19/2016 - Código de Investimentos)
In accordance with Arts. 27, 28 and 29 of Decree-Law No. 19/2016, all inbound investment proposals must be screened and approved by the applicable ministry for the economic sector in coordination with the Trade and Investment Promotion Agency (APCI). Following Art. 14, an investment proposal can be rejected if it threatens national security, public health, or ecological equilibrium and if the proposal has a negative effect or insufficient contribution to the country’s economy. The government encourages but does not require the hiring of the local workforce.
Coverage Horizontal
SAO TOME AND PRINCIPE
Since December 2001
Since January 2017, entry into force in February 2017
Since January 2017, entry into force in February 2017
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Law No. 4/2001 on Industrial Property
Decree-Law No. 23/2016 - Intellectual Property Code (Decreto Lei No. 23/2016 - Código de Propriedade Intelectual)
Decree-Law No. 23/2016 - Intellectual Property Code (Decreto Lei No. 23/2016 - Código de Propriedade Intelectual)
Art. 28 of Law No. 4/2001 and Art. 3 of Decree-Law No. 23/2016 establish that legal and procedural actions related to industrial property can only be filed with the National Service of Intellectual Property and Quality of São Tomé e Príncipe (SENAPIQ-STP) and that natural or legal persons who are not established or domiciled in São Tomé e Príncipe must appoint an industrial property agent with residence in São Tomé e Príncipe to represent them. This is also applicable to the filing of patent applications.
Coverage Horizontal
RWANDA
Reported in 2021, last reported in 2024
Pillar Online sales and transactions |
Indicator 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, is USD 100, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
Sources
- https://web.archive.org/web/20241126110727/https://global-express.org/index.php?id=271&act=101&profile_id=-1&countries%5B%5D=-2&search_terms=&question-filter=&qid_34=1&qid_34_optid=1&qid_35=1&qid_36=1...
- https://web.archive.org/web/20230227012953/https://global-express.org/assets/files/GEA%20De%20Minimis%20Country%20information_4%20November%202021.pdf
RWANDA
Since October 2021
Since July 2022
Since July 2022
Pillar Online sales and transactions |
Indicator Local presence requirements for digital services providers
Law No. 058/2021 of 13/10/2021 relating to the Protection of Personal Data and Privacy
Guide on Data Controller & Data Processor Registration
Guide on Data Controller & Data Processor Registration
According to Art. 29 of Law No. 058/2021 of 13/10/2021 Relating to the Protection of Personal Data and Privacy, any person intending to act as a data controller or data processor must register with the National Cyber Security Authority (NCSA). As specified in Section 3.4 of the Guide on Data Controller & Data Processor Registration, data controllers and data processors are required to submit the following documents for registration:
- Memorandum of Understanding (MoU) or agreement with a local representative (if the controller/processor is neither established nor resident in Rwanda but processes data of individuals located in Rwanda, as established in Art. 39 of the No. 058/2021);
- Application letter addressed to the Chief Executive Officer of NCSA;
- Application form;
- Operating certificate or licence of the company (e.g. Rwanda Development Board certificate, Rwanda Utilities Regulatory Authority licence, Rwanda Central Bank licence, etc.);
- Copy of a valid National Identification Card or passport of the data protection officer;
- Hosting invoice, receipt, or agreement;
- Company or institution profile.
The supervisory authority must issue a registration certificate to any applicant who meets the requirements within 30 working days from the date of receipt of the application. The validity period of the registration certificate will correspond to the validity of the submitted operating licence.
- Memorandum of Understanding (MoU) or agreement with a local representative (if the controller/processor is neither established nor resident in Rwanda but processes data of individuals located in Rwanda, as established in Art. 39 of the No. 058/2021);
- Application letter addressed to the Chief Executive Officer of NCSA;
- Application form;
- Operating certificate or licence of the company (e.g. Rwanda Development Board certificate, Rwanda Utilities Regulatory Authority licence, Rwanda Central Bank licence, etc.);
- Copy of a valid National Identification Card or passport of the data protection officer;
- Hosting invoice, receipt, or agreement;
- Company or institution profile.
The supervisory authority must issue a registration certificate to any applicant who meets the requirements within 30 working days from the date of receipt of the application. The validity period of the registration certificate will correspond to the validity of the submitted operating licence.
Coverage Horizontal
Sources
- https://web.archive.org/web/20211018082646/https://www.minijust.gov.rw/fileadmin/user_upload/Minijust/Publications/Official_Gazette/2021_Official_Gazettes/October/OG_Special_of_15.10.2021_Amakuru_bwit...
- https://cyber.gov.rw/fileadmin/user_upload/NCSA/Documents/Guide_on_Registration_of_Data_Controller_and_Data_Processor_.pdf
- https://www.dlapiperafrica.com/en/rwanda/insights/2023/deadline-for-mandatory-data-controller-set-to-expire-15-October.html
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RWANDA
Since September 2012
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Law No. 36/2012 on Competition and Consumer Protection
Law No. 36/2012 on Competition and Consumer Protection provides a comprehensive consumer protection framework that applies to online transactions. The law is in place to promote fair competition, provide consumers access to products and services at competitive prices and better quality, and create an environment that is conducive to investment.
Coverage Horizontal
RWANDA
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
Rwanda has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
RWANDA
Since 2010
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Rwanda has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
RWANDA
Since 2010
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
UNCITRAL Model Law on Electronic Signatures
Rwanda has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
RWANDA
Since May 2020
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Regulation No. 011/R/STD-ICT/RURA/020 of 29/05/2020 Governing Importation, Supply and Type Approval for Electronic Communication Equipment
In Rwanda, a Simplified Type Approval Regime is issued following a third-party certification from Conformity Assessment Bodies recognised by the Regulatory Authority; as such, there is recognition of test reports and certificates.
Under Art. 17 of Regulation No. 011/R/STD-ICT/RURA/020 of 29/05/2020, Governing Importation, Supply and Type Approval for Electronic Communication Equipment, the Electronic Communications Equipment (ECE) that possesses the appropriate Certificate of Compliance from either a National Regulatory Authority or a Conformity Assessment Body recognised by the Regulatory Authority confirming compliance with the required standards may be eligible for Simplified Type Approval Regime.
Additionally, under Art. 35, any test report from an accredited testing laboratory is only accepted by the regulatory authority if it is in compliance with ISO/IEC 17025 and/or certified by an accreditation body that is a member of ILAC.
Under Art. 17 of Regulation No. 011/R/STD-ICT/RURA/020 of 29/05/2020, Governing Importation, Supply and Type Approval for Electronic Communication Equipment, the Electronic Communications Equipment (ECE) that possesses the appropriate Certificate of Compliance from either a National Regulatory Authority or a Conformity Assessment Body recognised by the Regulatory Authority confirming compliance with the required standards may be eligible for Simplified Type Approval Regime.
Additionally, under Art. 35, any test report from an accredited testing laboratory is only accepted by the regulatory authority if it is in compliance with ISO/IEC 17025 and/or certified by an accreditation body that is a member of ILAC.
Coverage Electronic products
RWANDA
Since June 2016
Since August 2024
Since August 2024
Pillar Intermediary liability |
Indicator User identity requirement
Law No. 24/2016 of 18/06/2016 Governing Information Communication and Technologies
Regulation No. 18/R/SM-ICT/RURA/2024 of 09/08/2024 Governing SIM Card Registration in Rwanda
Regulation No. 18/R/SM-ICT/RURA/2024 of 09/08/2024 Governing SIM Card Registration in Rwanda
Under Art. 210 of the Law Governing Information Communication and Technologies, all licensed electronic communications service providers in Rwanda are required to register the complete personal details of subscribers or SIM card holders using their networks or services. The Regulatory Authority oversees the registration process by issuing related regulations and ensuring compliance.
Moreover, according to Art. 4 of Regulation No. 18/R/SM-ICT/RURA/2024, all licensees operating in Rwanda must register all SIM card holders using their network services. As specified in Art. 7, for national citizens, the information required for the registry includes: full names, date of birth, identity card number, a clear scanned copy of the passport or national identity card, nationality, registered telephone number, sex, and biometric data.
In addition, as established in Art. 8, the registration process for foreigners without a resident permit (or visitors) must include the following: the travel document used for entry into the country, fingerprint verification, and biometric data, which must match the travel document information. This process must be conducted manually and in the physical presence of the applicant.
Moreover, according to Art. 4 of Regulation No. 18/R/SM-ICT/RURA/2024, all licensees operating in Rwanda must register all SIM card holders using their network services. As specified in Art. 7, for national citizens, the information required for the registry includes: full names, date of birth, identity card number, a clear scanned copy of the passport or national identity card, nationality, registered telephone number, sex, and biometric data.
In addition, as established in Art. 8, the registration process for foreigners without a resident permit (or visitors) must include the following: the travel document used for entry into the country, fingerprint verification, and biometric data, which must match the travel document information. This process must be conducted manually and in the physical presence of the applicant.
Coverage Electronic communications service providers
Sources
- https://web.archive.org/web/20180203085213/https://rura.rw/index.php?id=50
- https://web.archive.org/web/20250729173339/https://rura.rw/fileadmin/Documents/ICT/Laws/Regulation_Governing_SIM_Card_Registration_in_Rwanda.pdf
- https://web.archive.org/web/20250701170959/https://freedomhouse.org/country/rwanda/freedom-net/2024
- https://web.archive.org/web/20210909131730/https://itweb.africa/content/PmxVEMKlKOgqQY85
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