GUINEA-BISSAU
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)
Guinea-Bissau is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
GUINEA-BISSAU
Reported in 2010, last reported in 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Fixed-Line investment restrictions
It is reported that some activities, including fixed telephone services, are reportedly closed to domestic or foreign private investment in Guinea-Bissau. This is despite the fact that no restrictions are found in the current legislation. In fact, Art. 6 of the Investment Code (Law No. 3/2011) states that in accordance with this Code and other laws, foreign and domestic investors enjoy equal treatment before the State and all its institutions. In addition, the Basic Law on Information and Communications Technology (Law No. 5/2010) does not contain any restrictions on market access for foreign suppliers. Yet, for fixed telephony, the state-owned operator Guiné Telecom is the only provider of these services. In 1989, the government created Guiné Telecom. At the time, Portugal Telecom (PT) took a stake in the company, but in 2010, it withdrew its participation in the country's monopoly. In 2013, the government declared Guiné Telecom bankrupt, and the company was effectively shut down, but in September 2021, it was announced that it would resume operations in the country. In that month, Guiné Telecom was granted a new concession, Single Individual Licence No. GNB01SFT2021, to operate as a network and infrastructure operator and provider of fixed telecommunications services throughout Guinea-Bissau. In 2023, it was reported that Guinea-Bissau was looking to sell shares in Guiné Telecom.
Coverage Fixed telephone services
Sources
- 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/20221027155146/https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S266R1-03.pdf&Open=True
- https://web.archive.org/web/20241211183710/https://books.google.cl/books?id=M0yIS_ovrtcC&pg=PA4#v=onepage&q&f=false
- https://web.archive.org/web/20230205212358/https://www.publico.pt/2010/10/22/economia/noticia/portugal-telecom-retira-participacao-na-guine-telecom-e-guinetel-1462381
- https://web.archive.org/web/20240222234537/https://developingtelecoms.com/telecom-business/operator-news/14490-guinea-bissau-looking-to-sell-stakes-in-guine-telecom-and-guinetel.html
- https://web.archive.org/web/20230208141836/https://www.datacenterdynamics.com/en/news/guinea-bissau-government-keen-to-sell-80-percent-of-guine-telecom-and-guinetel/
- https://web.archive.org/web/20230330041322/https://arn.gw/noticias/entrega-oficial-da-licenca-a-guine-telecom/
- https://web.archive.org/web/20230923210252/https://investmentpolicy.unctad.org/investment-laws/laws/260/guinea-bissau-investment-code
- https://web.archive.org/web/20240303175612/https://arn.gw/activeapp/wp-content/uploads/2015/03/3.-%C2%A6SUP.-B.-O.-N.-%C2%A6-21-2010.pdf
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GUINEA-BISSAU
Since February 1999, entry into force in February 2002, last amended in December 2015
Since December 2019, entry into force in March 2020
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'organization Africaine de la Propriété Intellectuelle)
Regulations on the profession of Authorised Agent before the African Intellectual Property Organization (Règlement sur la profession de Mandataire agréé auprès de l'organization Africaine de la Propriété Intellectuelle)
According to the Bangui Agreement, ratified by 17 States, including Guinea-Bissau, 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
Sources
- https://www.wipo.int/wipolex/en/text/582620
- https://web.archive.org/web/20230922235427/http://www.oapi.int/Ressources/reglement_mandataire/REGLEMENT_PROFESSION_MANDATAIRE.pdf
- https://web.archive.org/web/20220120063358/http://www.droit-afrique.com/upload/doc/oapi/OAPI-Guide-depot-brevet.pdf
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GUINEA
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 has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
GUINEA
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 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
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 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
Since July 2016
Pillar Technical standards applied to ICT goods and online services |
Indicator Restrictions on encryption standards
Law L/2016/037/AN of 28 July 2016 on Cybersecurity and Personal Data Protection in the Republic of Guinea (Loi L/2016/037/AN du 28 juillet 2016 Relative à la Cyber-Sécurité et à la Protection des Données à Caractère Personnel en République de Guinée)
According to Art. 57 of the cybersecurity and personal data protection law, the importation, sale or use of encryption services (in the law "means of cryptology") is banned unless authorised by the government.
Coverage Encryption services
Sources
- https://web.archive.org/web/20230331164726/https://www.arpt.gov.gn/loi-l2016-037-an-relative-a-la-cybersecurite-et-la-protection-des-donnees/
- https://web.archive.org/web/20230420040132/https://cipesa.org/wp-content/files/reports/Privacy-Imperilled-Analysis-of-Surveillance-Encryption-and-Data-Localisation-Laws-in-Africa-Report.pdf
GUINEA
Since December 2021
Pillar Online sales and transactions |
Indicator Licensing scheme for e-commerce providers
Decree No. D/2021/0196/PRG/CNRD/SGG of 9 December 2021, Regulating Electronic Transactions in the Republic of Guinea (Décret No. D/2021/0196/PRG/CNRD/SGG du 09 décembre 2021 portant réglementation des transactions électroniques en République de Guinée)
According to Art. 7 of Decree No. D/2021/0196/PRG/CNRD/SGG, the practice of e-commerce is subject to a list of requirements, including:
- having a dedicated domain name with a ".gn" or ".com" extension for the activity;
- subscribing to a service provider for trust;
- implementing a security system for electronic transactions;
- having a website dedicated to the activity;
- registering as an e-commerce provider.
- having a dedicated domain name with a ".gn" or ".com" extension for the activity;
- subscribing to a service provider for trust;
- implementing a security system for electronic transactions;
- having a website dedicated to the activity;
- registering as an e-commerce provider.
Coverage Horizontal
GUINEA
Reported in 2021, last reported in 2023
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 80, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
Sources
- https://web.archive.org/web/20231220024306/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
GUINEA
Reported in 2022, last reported in 2023
Pillar Online sales and transactions |
Indicator Restrictions on domain names
Requirement to establish a commercial presence to use a local domain name
It has been reported that eligibility to register a '.com.gn' domain name is restricted exclusively to companies based in Guinea.
Coverage Horizontal
GUINEA
Since December 2021
Pillar Online sales and transactions |
Indicator Restrictions on domain names
Decree No. D/2021/0196/PRG/CNRD/SGG of 9 December 2021, Regulating Electronic Transactions in the Republic of Guinea (Décret No. D/2021/0196/PRG/CNRD/SGG du 09 décembre 2021 portant réglementation des transactions électroniques en République de Guinée)
According to Art. 7 of Decree No. D/2021/0196/PRG/CNRD/SGG, the practice of e-commerce is subject to a list of requirements, including having a dedicated domain name with a ".gn" or ".com" extension for the activity.
Coverage Horizontal
GUINEA
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 lacks a comprehensive framework for consumer protection that applies to online transactions.
Coverage Horizontal
GUINEA
Since April 2015
Since May 2017
Since May 2017
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Law No. 2015/018/AN of 13 April 2015 on Telecommunications and Information Technologies in the Republic of Guinea (Loi No. 2015/018/AN du 13 Avril 2015 Relative aux Télécommunications et aux Technologies de l'Information en République de Guinée)
Decision A/001/ARPT/CNRPT/2017 on Procedures for Acquiring Approvals for Installers, Importers, and the Approval of Communication Equipment and Terminals (Décision A/001/ARPT/CNRPT/2017 Portant Procédures d'Acquisition des Agréments des Installateurs, Importateurs et d'Homologation des Équipements et Terminaux de Communication)
Decision A/001/ARPT/CNRPT/2017 on Procedures for Acquiring Approvals for Installers, Importers, and the Approval of Communication Equipment and Terminals (Décision A/001/ARPT/CNRPT/2017 Portant Procédures d'Acquisition des Agréments des Installateurs, Importateurs et d'Homologation des Équipements et Terminaux de Communication)
According to Art. 64 of Law No. 2015/018/AN, the importation of radio equipment and terminal equipment must undergo prior approval to authorise their entry into Guinean territory. According to Art. 2 of Decision A/001/ARPT/CNRPT/2017, radio equipment and terminal equipment refer to any equipment intended for direct or indirect connection to a telecommunications network termination point for the purpose of transmitting, processing or receiving information. It also includes any communication installation that uses radio frequencies to propagate waves.
Coverage Radio equipment and terminal equipment
GUINEA
Since September 2022
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Local content requirements (LCRs) on ICT goods for the commercial market
Law L/2022/0010/CNT of 22 September 2022 on Local Content of the Republic of Guinea (Loi L/2022/0010/CNT du 22 septembre 2022 Portant Contenu Local de la République de Guinée)
Art. 14 of Law L/2022/0010/CNT provides that operators or companies working on their behalf are obliged to employ Guinean personnel in accordance with the following minimum quota by category:
- Executives: 30% of staff, including the human resources manager, from the start of operations; 40% of staff from the fourth year of operation; 50% of staff from the seventh year of operation.
- Management staff: 25% of staff from the start of operations, 40% of staff from the fourth year of operation, and 70% of staff from the seventh year of operation.
- Skilled workers: 50% of staff from the start of operations, 70% of staff from the fourth year of operation, and 85% of staff from the seventh year of operation.
- Unskilled workers: 100% of staff from the start of operations.
In the event that it is duly established by the operator, by means of documents or detailed reports sent to the Autorité de Régulation et de Contrôle du Contenu Local (ARCCL), that the above quotas cannot be met at these various stages, due to a lack of expertise or availability, the operator shall draw up a detailed training programme and a timetable for the gradual replacement of foreign staff by nationals.
Operator refers to both the company in charge of carrying out public projects and investors in private sector projects covered by the investment code or companies working on their behalf, regardless of the sector.
- Executives: 30% of staff, including the human resources manager, from the start of operations; 40% of staff from the fourth year of operation; 50% of staff from the seventh year of operation.
- Management staff: 25% of staff from the start of operations, 40% of staff from the fourth year of operation, and 70% of staff from the seventh year of operation.
- Skilled workers: 50% of staff from the start of operations, 70% of staff from the fourth year of operation, and 85% of staff from the seventh year of operation.
- Unskilled workers: 100% of staff from the start of operations.
In the event that it is duly established by the operator, by means of documents or detailed reports sent to the Autorité de Régulation et de Contrôle du Contenu Local (ARCCL), that the above quotas cannot be met at these various stages, due to a lack of expertise or availability, the operator shall draw up a detailed training programme and a timetable for the gradual replacement of foreign staff by nationals.
Operator refers to both the company in charge of carrying out public projects and investors in private sector projects covered by the investment code or companies working on their behalf, regardless of the sector.
Coverage Horizontal
GUINEA
Since September 2022
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Local content requirements (LCRs) on ICT goods for the commercial market
Law L/2022/0010/CNT of 22 September 2022 on Local Content of the Republic of Guinea (Loi L/2022/0010/CNT du 22 septembre 2022 Portant Contenu Local de la République de Guinée)
Art. 8 of Law L/2022/0010/CNTA obliges economic operators to source Guinean goods and services as part of their activities in the Republic of Guinea. It provides that operators must conclude contracts for the supply of goods or services with Guinean natural or legal persons in order to obtain supplies on the local market, in accordance with a list of goods and services drawn up by order of the Ministry responsible for the private sector. These are goods manufactured or produced in Guinea and services provided on Guinean territory. All companies, whether local or foreign, regardless of their sector of activity, are subject to the provisions of Art. 8, with the exception of local micro, small and medium-sized enterprises (MSMEs). Operator refers to both the company in charge of carrying out public projects and investors in private sector projects covered by the investment code or companies working on their behalf, regardless of the sector.
Art. 11 further specifies that in the event that the supply of local goods or services proves impossible due to unavailability or insufficiency, operators subject to local content are authorised, on the favourable opinion of the Autorité de Régulation et de Contrôle du Contenu Local (ARCCL), in conjunction with the ministry in charge of the private sector, to obtain supplies on the external market.
Art. 11 further specifies that in the event that the supply of local goods or services proves impossible due to unavailability or insufficiency, operators subject to local content are authorised, on the favourable opinion of the Autorité de Régulation et de Contrôle du Contenu Local (ARCCL), in conjunction with the ministry in charge of the private sector, to obtain supplies on the external market.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240706160019/https://www.africaguinee.com/app/uploads/2023/05/EXE_LOI-2022-CNT_A5-prop-03-1.pdf
- https://web.archive.org/web/20230329135016/https://www.financialafrik.com/2023/03/29/regards-croises-entre-les-lois-sur-le-contenu-local-en-republique-democratique-du-congo-et-la-republique-de-guinee/
