GUINEA-BISSAU
Since May 2011
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Decree-Law No. 8/2011 (Decreto-Lei No. 8/2011)
Art. 9 of Decree-Law No. 8/2011 provides that import activities are subject to the prior licensing regime, whose requirements are specified in Art. 5. In addition, Art. 10 states that import and export operations are subject to a simple written declaration by operators to the Ministry of Commerce, Industry and Tourism, which will forward the information to the customs service.
Coverage Import activities
GUINEA-BISSAU
Since May 2011
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Export restrictions on ICT goods or online services
Decree-Law No. 8/2011 (Decreto-Lei No. 8/2011)
Art. 9 of Decree-Law No. 8/2011 provides that export activities are subject to the prior licensing regime, whose requirements are specified in Art. 5. In addition, Art. 10 states that import and export operations are subject to a simple written declaration by operators to the Ministry of Commerce, Industry and Tourism, which will forward the information to the customs service.
Coverage Export activities
GUINEA-BISSAU
Since May 2010
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Law No. 5/2010 of 27 May - Basic Information and Communications and Technologies Law (Lei No. 5/2010 de 27 de Maio - Lei de Base das Tecnologias de Informação e Comunicação)
Art. 106 of Law No. 5/2010 provides that the Autoridade Reguladora Nacional (ARN, National Regulatory Authority) is responsible for determining the approval of equipment used in the provision of information and communications services to interconnect or operate telecommunications systems and terminal equipment. The ARN's approval determinations may be conferred under the terms of this Law No. 5/2010 or in certificates granted by the ARN or by competent organisations authorised by the ARN. Terminal equipment intended to be connected to a network open to the public must be approved by the ARN. In any case, approval is always required in the case of radio installations, whether or not they are intended to be connected to a public network.
As the standards and technical regulations approved at the West African Economic and Monetary Union (WAEMU) level, as well as the community accreditation system, apply in Guinea-Bissau, the conformity of imported goods with technical regulations can be certified by an accredited laboratory, with a certificate of conformity mark as proof. The Scheme for the Harmonization of Accreditation, Certification, standardisation and Metrology Activities within WAEMU is based on the principle of mutual recognition among Member States at three levels: recognition of technical regulations, national standards and specifications, recognition of conformity assessment procedures and their results. Support for achieving consistency of national regimes is provided by three technical structures, one of which is the West African Accreditation System (SOAC). The purpose of introducing the SOAC was to give Member States a single organisation for accrediting conformity assessment bodies (laboratories, inspection bodies and certification bodies). The SOAC signed a Mutual Recognition Agreement with the African Accreditation Cooperation (AFRAC) and the International Laboratory Accreditation Cooperation (ILAC) in May 2022.
As the standards and technical regulations approved at the West African Economic and Monetary Union (WAEMU) level, as well as the community accreditation system, apply in Guinea-Bissau, the conformity of imported goods with technical regulations can be certified by an accredited laboratory, with a certificate of conformity mark as proof. The Scheme for the Harmonization of Accreditation, Certification, standardisation and Metrology Activities within WAEMU is based on the principle of mutual recognition among Member States at three levels: recognition of technical regulations, national standards and specifications, recognition of conformity assessment procedures and their results. Support for achieving consistency of national regimes is provided by three technical structures, one of which is the West African Accreditation System (SOAC). The purpose of introducing the SOAC was to give Member States a single organisation for accrediting conformity assessment bodies (laboratories, inspection bodies and certification bodies). The SOAC signed a Mutual Recognition Agreement with the African Accreditation Cooperation (AFRAC) and the International Laboratory Accreditation Cooperation (ILAC) in May 2022.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20230201101051/https://arn.gw/activeapp/wp-content/uploads/2015/03/3.-%C2%A6SUP.-B.-O.-N.-%C2%A6-21-2010.pdf
- https://web.archive.org/web/20231129130619/https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S362R1-05.pdf&Open=True
- https://web.archive.org/web/20231202124524/https://www.unido.org/news/international-recognition-passport-global-value-chains
- https://web.archive.org/web/20230325004502/http://www.uemoa.int/sites/default/files/bibliotheque/reg_03_2010_cm_uemoa.pdf
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GUINEA-BISSAU
Reported in 2022, last reported in 2024
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that in Guinea-Bissau, the de minimis threshold, that is, the minimum value of goods below which Customs Authority do not charge duties, is USD 100, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
GUINEA-BISSAU
Since October 2012
Pillar Online sales and transactions |
Indicator Restrictions on domain names
Decree No. 7/2012 of 23 October - Regulations of the Domain name registration (Decreto No. 7/2013 de 23 de Outubro - Regulamento do Registo de Domínios)
Art. 2 of Decree No. 7/2012 states that only entities legally incorporated or residents in Guinea-Bissau can acquire local domain names ".gw". However, under certain conditions, temporary domain registration can take place, namely if the foreign company appoints a local legal representative and presents a declaration duly certified committing to set up the company in Guinea-Bissau.
Coverage Horizontal
GUINEA-BISSAU
N/A
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
Guinea-Bissau lacks a comprehensive framework for consumer protection that applies to online transactions.
Coverage Horizontal
Sources
- https://web.archive.org/web/20241211194313/https://unctad.org/page/cyberlaw-tracker-country-detail?country=gw
- https://web.archive.org/web/20231119223135/https://unctad.org/page/online-consumer-protection-legislation-worldwide
- https://web.archive.org/web/20220601091945/https://www.wto.org/english/tratop_e/tpr_e/s362-04_e.pdf
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GUINEA-BISSAU
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
Guinea-Bissau has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
GUINEA-BISSAU
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Guinea-Bissau has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
GUINEA-BISSAU
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Guinea-Bissau 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
GUINEA-BISSAU
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
Guinea-Bissau does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there is an obligation of accounting separation under Arts. 70.c and 74.c of Law No. 5/2010 of May 27th - Basic Information and Communications and Technologies Law (Lei No. 5/2010 of 27 de Maio - Lei de Base das Tecnologias de Informação e Comunicação).
Coverage Telecommunications sector
GUINEA-BISSAU
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
Guinea-Bissau has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
GUINEA-BISSAU
Since May 2010
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Law No. 5/2010 of 27 May - Basic Information and Communications and Technologies Law (Lei No. 5/2010 de 27 de Maio - Lei de Base das Tecnologias de Informação e Comunicação)
The telecom regulating body of Guinea-Bissau (Autoridade Reguladora Nacional - ARN) is independent in the exercise of its functions according to Art. 7 of Law No. 5/2010.
Coverage Telecommunications sector
GUINEA-BISSAU
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
Guinea-Bissau has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
GUINEA-BISSAU
N/A
Pillar Domestic data policies |
Indicator Framework for data protection
Lack of comprehensive legal framework for data protection
Guinea-Bissau does not have a comprehensive regime in place for personal data, but it has implemented some limited sectoral regulations. Under Art. 8(d) of the Interconnection Regulations (Decree No. 13/2010 of 27 May) applicable in the telecom sector, the interconnection must ensure the protection of data, including the protection of personal data and the confidentiality of transmitted or archived information.
Coverage Horizontal
GUINEA-BISSAU
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 Guinea-Bissau's law and jurisprudence.
Coverage Internet intermediaries
