ERITREA
Reported in 2019, last reported in 2023
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Blocking of commercial web content
It is reported that the authorities regularly block access to social media platforms and shutter internet cafés.
Coverage Social media
ERITREA
Reported in 2024
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 1 in Eritrea for the year 2023. This corresponds to "The government shut down domestic access to the Internet numerous times this year."
Coverage Horizontal
ERITREA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Lack of comprehensive regulation on trade secrets
Eritrea does not have a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. The Penal Code of the State of Eritrea discusses “Fraudulent Unfair Competition” in its Art. 359, penalising the acts of misappropriating others' “secret of manufacture, organisation or process” and misusing it in a “manner contrary to good faith”, with imprisonment between one and three years.
Coverage Horizontal
ERITREA
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
It is reported that there is no obligation for passive infrastructure sharing in Eritrea to deliver telecom services to end users, and it is not practised in the mobile sector and in the fixed sector based on commercial agreements.
Coverage Telecommunications sector
ERITREA
Reported in 2022, last reported in 2023
Pillar Telecom infrastructure & competition |
Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
Reported ban on foreign investment
Art. 5 of the Investment Proclamation No. 59/1994 states that all sectors are open to any investors, with the exception of domestic retail, domestic wholesale, import, and commission agency companies, which are excluded unless there is a bilateral agreement of reciprocity. Yet, it is reported that in practice, this law has been suspended, and the ruling Peoples Front for Democracy and Justice (PFDJ) determines the sectors in which private investment is accepted and defines the terms under which it is permitted. As a result, investment is de facto prohibited in most sectors of the economy (with the exception of mining), including the telecom sector. It has also been reported that the majority of large enterprises are either wholly or partially owned by the government or the PFDJ.
Coverage Telecommunications sector
Sources
- https://www.state.gov/reports/2023-investment-climate-statements/eritrea/
- https://www.state.gov/reports/2022-investment-climate-statements/eritrea/
- https://web.archive.org/web/20230528040239/https://investmentpolicy.unctad.org/investment-laws/laws/255/print/3
- https://web.archive.org/web/20241204212711/https://tile.loc.gov/storage-services/service/ll/lleritrea/eritrean-proc-59-1994/eritrean-proc-59-1994.pdf
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ERITREA
N/A
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Participation in the World Trade Organization (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)
Eritrea 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
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ERITREA
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Lack of public procurement law
Eritrea does not have legislation specifically regulating public procurement, resulting in a lack of transparency in this area.
Coverage Horizontal
ERITREA
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the World Trade Organization (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)
Eritrea is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
ERITREA
Reported in 2022, last reported in 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Reported ban on foreign investment in most sectors
Art. 5 of the Investment Proclamation No. 59/1994 states that all sectors are open to any investors, with the exception of domestic retail, domestic wholesale, import, and commission agency companies, which are excluded unless there is a bilateral agreement of reciprocity. Yet, it is reported that in practice, this law has been suspended, and the ruling Peoples Front for Democracy and Justice (PFDJ) determines the sectors in which private investment is accepted and defines the terms under which it is permitted. As a result, investment is de facto prohibited in most sectors of the economy, with the exception of mining. It has also been reported that the majority of large enterprises are either wholly or partially owned by the government or the PFDJ.
Coverage Horizontal
Sources
- https://www.state.gov/reports/2023-investment-climate-statements/eritrea/
- https://www.state.gov/reports/2022-investment-climate-statements/eritrea/
- https://web.archive.org/web/20230528040239/https://investmentpolicy.unctad.org/investment-laws/laws/255/print/3
- https://web.archive.org/web/20241204212711/https://tile.loc.gov/storage-services/service/ll/lleritrea/eritrean-proc-59-1994/eritrean-proc-59-1994.pdf
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ERITREA
Since August 1994
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Proclamation No. 59/1994, Investment Proclamation
Section 7 of the Investment Proclamation No. 59/1994 addresses the issue of technology transfer agreements. The legislation stipulates that investors, investment projects, and organisations may employ expatriate experts in the absence of national experts, whether technical or managerial. However, they are obliged to train nationals and replace expatriates. Technology transfer agreements must be lodged and registered by the Investment Center and approved by a duly authorised government body. Furthermore, Section 17 stipulates that investors who seek certification in relation to the registration of technology transfer agreements or guarantees for investment and the resolution of disputes are required to complete application forms prepared by the Centre and present all necessary documents requested by the Centre. In issuing certification, the Centre shall ascertain, among other things, the type and amount of investment, the type of business organisation and the signing of a technology transfer agreement. It is reported that in practice, the Investment Proclamation No. 59/1994 has been suspended and that the ruling Peoples Front for Democracy and Justice (PFDJ) determines the sectors and defines the terms under which private investment is accepted. There is no transparent government screening mechanism for approving inbound foreign investment in Eritrea. Additionally, it is asserted that the few foreign enterprises operating in Eritrea do so under non-public agreements negotiated directly between the companies or countries and a small group of officials from the government and the PFDJ.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230528040239/https://investmentpolicy.unctad.org/investment-laws/laws/255/print/3
- https://web.archive.org/web/20241204212711/https://tile.loc.gov/storage-services/service/ll/lleritrea/eritrean-proc-59-1994/eritrean-proc-59-1994.pdf
- https://www.state.gov/reports/2023-investment-climate-statements/eritrea/
- https://www.state.gov/reports/2022-investment-climate-statements/eritrea/
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ERITREA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the application process for patents
Lack of transparency related to the application process for patents
Eritrea’s statistics on patent filing registration show that all its patent applications were made abroad, both by residents and non-residents. The country is not a signatory of any of the international treaties on IP and has no written mechanism to register patents in the country. There is a general lack of data and information on the country's IP environment and transparency.
Coverage Horizontal
ERITREA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the enforcement of patents
Lack of transparency on patent enforcement
There are complaints on the lack of transparency regarding the enforcement of patents, with difficulties of knowing the extent of protection, and with no data on enforcement and judicial actions.
Coverage Horizontal
ERITREA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Lack of participation in the Patent Cooperation Treaty (PCT)
Eritrea is not a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
ERITREA
Since May 2015
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Civil Code of the State of Eritrea
Eritrea has a copyright regime under the Civil Code of the State of Eritrea. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 1161-1172 list the exceptions, which include the reproduction of the original works if they are single copies and for private use; analysis and press reviews for educational and scientific purposes; daily news articles on current events, and if they are “official texts of legislative, administrative or judicial nature; among others.
Coverage Horizontal