NIGERIA
Reported in 2022, until July 2023
Pillar Online sales and transactions |
Indicator Restrictions on online payments
Restrictions on foreign currency spending
It is reported that Nigerian banks have reduced the monthly international spending limit on debit cards in Nigerian naira. The monthly dollar spending limit went from USD 100 to between USD 50-20 per month (depending on the month). Therefore, customers cannot use their naira debit cards to pay for transactions of more than USD 20 or USD 50 per month. In addition, some banks suspended international ATMs and point of sales (POS) transactions. In late 2022, this restriction was partially lifted by allowing purchases in USD through selected platforms such as Paystack.
Coverage Online payments
Sources
- https://www.accountingshock.com/2022-card-cross-border-transaction-limit-for-first-bank/
- https://web.archive.org/web/20221104082343/https://techcabal.com/2022/04/25/naira-debit-cards-may-never-work-again-for-dollar-payments/
- https://web.archive.org/web/20220517185207/https://paystack.zendesk.com/hc/en-us/articles/360009881440-Pay-with-Card
- https://web.archive.org/web/20241115195930/https://www.premiumtimesng.com/news/more-news/609901-wema-bank-lifts-suspension-on-international-transaction-on-naira-cards.html?tztc=1
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NIGERIA
N/A
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Nigeria does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties. However, it is reported that there is an informal threshold of USD 250.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240303200229/https://zonos.com/docs/guides/de-minimis-values#de-minimis-values-per-country
- https://web.archive.org/web/20230328185210/http://www.wcoomd.org/-/media/wco/public/global/pdf/topics/facilitation/activities-and-programmes/ecommerce/case-study/nigeria_case-study-on-cross_border-eco...
NIGERIA
Reported in 2022, last reported in 2023
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Licensing requirements for ICT imports
It is reported that importers of foreign technology must obtain a certificate from the National Office of Technology Acquisition and Promotion (NOTAP). One of the prerequisites for obtaining the certificate is the provision of a Technology Transfer Agreement duly approved by NOTAP.
Coverage ICT goods
Sources
- https://web.archive.org/web/20230929161254/https://www.state.gov/reports/2023-investment-climate-statements/nigeria/
- https://web.archive.org/web/20230601204341/https://www.state.gov/reports/2022-investment-climate-statements/nigeria/
- https://web.archive.org/web/20220322135118/https://www.notap.gov.ng/new_dev/requirements-for-the-registration-of-technology-transfer-agreements/
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NIGERIA
Reported in 2015, last reported in 2024
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Complaints about import procedures
It is reported that importers complain about inconsistent application of customs regulations and lengthy clearance procedures, often due to outdated manual processing systems and corruption. These factors sometimes contribute to product deterioration and result in significant losses for importers. Disputes among Nigerian Government agencies over the interpretation of regulations often cause delays, and frequent changes in customs guidelines slow the movement of goods through Nigerian ports.
Coverage Horizontal
NIGERIA
Since December 2013, last amended in August 2019
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Local content requirements (LCRs) on ICT goods for the commercial market
Guidelines for Nigerian Content Development in Information and Communication Technology (ICT)
Section 11.1 of the Guidelines for Nigerian Content in Information and Communication Technology mandates telecom companies to:
-use locally developed or manufactured software components, equipment, cables, and devices for the provision of communication services;
-use indigenous companies to build network infrastructure (both active and passive). These include but are not limited to cell site towers, base stations, cables, software, and network equipment and ensure that at least 80% of the value and volume are locally sourced;
- Use indigenous companies to provide at least 80% of all value-added services (VAS) and network services on the networks. They must also ensure that such companies are creating at least 80% of the volume and value of services provided locally.
The restrictions also existed in the 2013 Guidelines on Nigerian Content Development in ICT, such as the obligation for all ICT companies (including telecommunication companies) to use only locally manufactured SIM cards for data and telephony services and host their websites on a ".ng" top-level domain. These requirements are no longer in the amended Guidelines. On the other hand, the requirement for ICT companies to use local companies’ networks for at least 60% of all value-added services, as well as source at least 50% of value-added services locally from a Nigerian company, has been revised upwards to 80% in the 2019 Guidelines (Section 11.1).
The 2013 Guidelines on Nigerian Content Development in ICT already contained local content obligations, such as requiring all ICT companies (including telecommunications operators) to use only locally manufactured SIM cards for data and telephony services and to host their websites on a “.ng” top-level domain. These obligations, however, were removed in the amended version of the Guidelines.
The requirements concerning the sourcing of VAS from local companies were strengthened in the 2019 Guidelines for Nigerian Content in Information and Communication Technology. Specifically, Section 11.1 raised the thresholds established in the 2013 Guidelines: ICT companies must now ensure that at least 80%—up from 60%—of all VAS are provided by local companies, and that at least 80%—up from 50%—of the total value of these services is sourced domestically.
-use locally developed or manufactured software components, equipment, cables, and devices for the provision of communication services;
-use indigenous companies to build network infrastructure (both active and passive). These include but are not limited to cell site towers, base stations, cables, software, and network equipment and ensure that at least 80% of the value and volume are locally sourced;
- Use indigenous companies to provide at least 80% of all value-added services (VAS) and network services on the networks. They must also ensure that such companies are creating at least 80% of the volume and value of services provided locally.
The restrictions also existed in the 2013 Guidelines on Nigerian Content Development in ICT, such as the obligation for all ICT companies (including telecommunication companies) to use only locally manufactured SIM cards for data and telephony services and host their websites on a ".ng" top-level domain. These requirements are no longer in the amended Guidelines. On the other hand, the requirement for ICT companies to use local companies’ networks for at least 60% of all value-added services, as well as source at least 50% of value-added services locally from a Nigerian company, has been revised upwards to 80% in the 2019 Guidelines (Section 11.1).
The 2013 Guidelines on Nigerian Content Development in ICT already contained local content obligations, such as requiring all ICT companies (including telecommunications operators) to use only locally manufactured SIM cards for data and telephony services and to host their websites on a “.ng” top-level domain. These obligations, however, were removed in the amended version of the Guidelines.
The requirements concerning the sourcing of VAS from local companies were strengthened in the 2019 Guidelines for Nigerian Content in Information and Communication Technology. Specifically, Section 11.1 raised the thresholds established in the 2013 Guidelines: ICT companies must now ensure that at least 80%—up from 60%—of all VAS are provided by local companies, and that at least 80%—up from 50%—of the total value of these services is sourced domestically.
Coverage Telecommunications sector
NIGERIA
Since December 2013, last amended in August 2019
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Local content requirements (LCRs) on ICT goods for the commercial market
Guidelines for Nigerian Content Development in Information and Communication Technology (ICT)
According to Section 9.3 of the Guidelines for Nigerian Content in Information and Communication Technology, Hardware Multinational Companies and Original Equipment Manufacturers (OEMs) of ICT products are required to provide a detailed local content development plan for the creation of jobs, recruitment of Nigerians, human capital development, use of indigenous ICT products and services for value creation.
The Guidelines further provide the minimum local content threshold for compliance by indigenous manufacturers in indigenous ICT products. Under Section 9.1 (3), OEMs must maintain at least 40% local content by value and volume either directly or through outsourcing to local manufacturers engaged in any segment of the product value chain. Section 9.2 (4) mandates Indigenous Original Design Manufacturers (ODMs) of ICT products to maintain at least 70% local content by value and volume either directly or through outsourcing to local manufacturers engaged in any segment of the product value chain.
Similar requirements for Hardware Multinational Companies, OEMs, and ODMs were provided in the 2013 Guidelines for Nigerian Content Development in ICT, which have been revised or maintained in the amended 2019 Guidelines. The threshold for local content from local manufacturers is revised down for OEMs from 50% in 2013 to 40% in 2019, and for ODMs, this has been adjusted upwards from 50% in 2013 to 70% in the 2019 Guidelines. Provisions maintained include the requirement for the local content development plan.
The Guidelines further provide the minimum local content threshold for compliance by indigenous manufacturers in indigenous ICT products. Under Section 9.1 (3), OEMs must maintain at least 40% local content by value and volume either directly or through outsourcing to local manufacturers engaged in any segment of the product value chain. Section 9.2 (4) mandates Indigenous Original Design Manufacturers (ODMs) of ICT products to maintain at least 70% local content by value and volume either directly or through outsourcing to local manufacturers engaged in any segment of the product value chain.
Similar requirements for Hardware Multinational Companies, OEMs, and ODMs were provided in the 2013 Guidelines for Nigerian Content Development in ICT, which have been revised or maintained in the amended 2019 Guidelines. The threshold for local content from local manufacturers is revised down for OEMs from 50% in 2013 to 40% in 2019, and for ODMs, this has been adjusted upwards from 50% in 2013 to 70% in the 2019 Guidelines. Provisions maintained include the requirement for the local content development plan.
Coverage Manufacturers of ICT products
NIGERIA
Since July 2003
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Nigerian Communications Act 2003
Self-certification is not allowed in Nigeria for Radio and Telecommunication equipment. Section 4 (1)(n) of the Nigerian Communications Act of 2003 mandates the Nigerian Communications Commission (NCC) to carry out type approval tests on communications equipment and issue certificates based on relevant technical specifications and standards. Otherwise, selling or installing any communications equipment or facilities without first obtaining the Commission’s type approval test certificate is an offence and, on conviction, punishable by a fine or imprisonment, or both fine and imprisonment.
Coverage Radio and telecommunication equipment
Sources
- https://web.archive.org/web/20230303083259/https://ncc.gov.ng/documents/128-nigerian-communications-act-2003/file
- https://web.archive.org/web/20230311123644/https://www.ncc.gov.ng/technical-regulation/standards/type-approval
- https://web.archive.org/web/20220627214541/https://www.ncc.gov.ng/docman-main/technical-standards/ts-applications/698-type-approval-application-form/file
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NIGERIA
Since December 2013, last amended in August 2019
Pillar Technical standards applied to ICT goods and online services |
Indicator Product screening and additional testing requirements
Guidelines for Nigerian Content Development in Information and Communication Technology (ICT)
In 2013, the National Information Technology Development Agency (NITDA) released guidelines on Nigerian content development in information and communications technology, which were subsequently amended in 2019. These guidelines, applicable to both public sector entities and private enterprises, require multinational companies to provide verifiable documentation and execute affidavits concerning the origin, safety, source, and operational aspects of software being sold and deployed within Nigeria in order to "ascertain the full security of the product and protect national security" as well as to assure the full security of source code.
Coverage Horizontal
NIGERIA
Since January 2019
Pillar Technical standards applied to ICT goods and online services |
Indicator Restrictions on encryption standards
Lawful Interception of Communications Regulations, 2019
In Nigeria, the law sets out the conditions for the interception of encrypted communications, including the power to require licensees to provide relevant security agencies with the key, code, or access to the protected or encrypted communication. Rule 9 of the Lawful Interception of Communications Regulations states that, notwithstanding any other law in force, no licensee shall provide any communications services which cannot be monitored and intercepted. Rule 10 of the Regulations stipulates that, when required by the Commission, the companies licensed have to install interception capabilities that allow or permit the interception of communications. Rule 16 states that a licensee failing to comply with the provisions of these Regulations shall be liable to a fine, or the commission may revoke the license.
Coverage Telecommunication sector
NIGERIA
Since August 2011
Pillar Online sales and transactions |
Indicator Restrictions on online payments
Guidelines on Point-of-Sale Card Acceptance Services by the Central Bank of Nigeria, 2011
According to Section 4.4.8 of the Guidelines on Point-of-Sale Card Acceptance Services, all domestic transactions in Nigeria, including but not limited to POS and ATM transactions, must be switched using the services of a local switch and shall not under any circumstance be routed outside Nigeria for switching between Nigerian issuers and acquirers.
Coverage Financial transactions
NIGERIA
Reported in 2020, last reported in 2023
Pillar Intermediary liability |
Indicator User identity requirement
Mandatory SIM card registration
On 15 December 2020, the Federal Government of Nigeria (FGN) directed that all SIMs should be registered with valid National Identification Numbers (NINs). SIMs failing this requirement have to be blocked by the service providers. The National Identification Management Commission (NIMC) confirmed that the NIN registration applied to all Nigerians and legal residents in Nigeria as provided under the NIMC Act of 2007. Section 5 of the NIMC Act of 2007 empowers NIMC to create a national database, harmonise existing ones and register eligible persons. It is reported that this requirement is still in place.
Coverage Telecommunications sector
Sources
- https://www.comparitech.com/blog/vpn-privacy/sim-card-registration-laws/#Type_of_ID_required_by_country
- https://www.mondaq.com/nigeria/government-contracts-procurement--ppp/1038136/expatriates-to-obtain-nigerias-national-identity-number-nin
- https://web.archive.org/web/20220801065227/https://nimc.gov.ng/docs/reports/nimc_act.pdf
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NIGERIA
Since January 2019
Pillar Intermediary liability |
Indicator User identity requirement
Framework and Guidelines for Public Internet Access (PIA) of 2019
Section 2.3 of the Framework and Guidelines for Public Internet Access mandates Public Internet Access Providers (PIAPs) to ensure that every user goes through a registration process to acquire an access code for the purpose of public Internet access after verification through the user’s mobile number which is the unique Login ID. This measure eliminates anonymity for those who utilise free internet connections.
Coverage Public internet access providers
NIGERIA
Reported in 2017, last reported in 2024
Pillar Content access |
Indicator Blocking or filtering of commercial web content
Blocking of commercial web content
In recent years, the Nigerian government has reportedly blocked access to certain social media platforms and political content online. For example, in June 2021, the government ordered the blocking of X (formerly Twitter) on most major networks. The platform became accessible again in January 2022, after the company reportedly agreed to several government conditions, including establishing a local office, appointing a designated country representative, and paying taxes in Nigeria. In February 2024, authorities instructed service providers to block access to cryptocurrency trading websites such as Binance, OctaFX, and Coinbase. Additionally, Patreon—a platform that enables users to subscribe to content from creators—showed signs of being blocked on multiple ISPs in Nigeria throughout 2023 and 2024.
Coverage Social media plaforms and cryptocurrency trading websites
NIGERIA
Since June 2021
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Newspaper advertorial by National Broadcasting Commission (NBC)
It is reported that on 10 June 2021, the National Broadcasting Commission (NBC) asked all social media platforms and online broadcasting service providers in Nigeria to apply for the broadcast licence through a newspaper advertorial. The advertorial states that the request is in line with provisions of the National Broadcasting Act of 2004, Section 2(1)(b), which gives the NBC the responsibility of "receiving, processing and considering applications for the establishment, ownership or operation of Radio & Television Stations including cable television services, Direct Satellite Broadcast (DSB), and any medium of Broadcastings." In addition, in 2021, it was reported that the major global social media platforms had not registered with NBC, while Nigerian social media companies that sought to register reported inaction by the regulator. It has further been reported that NBC could not process the applications due to a lack of a licensing framework and capacity to enforce the directive.
Coverage Online broadcasting services and social media platforms
Sources
- https://web.archive.org/web/20211129172911/https://www.proshareng.com/news/TECH%20REGULATIONS%20&%20GOVT/NBC-Directs-Every-OBS-Provider-and-Social-Media-Platforms-to-Obtain-Service-Licence/57605
- https://freedomhouse.org/country/nigeria/freedom-net/2021
- https://web.archive.org/web/20231208052308/https://punchng.com/lack-of-guidelines-stops-nbc-licence-for-facebook-instagram-others/
- https://web.archive.org/web/20221020062501/https://www.premiumtimesng.com/news/headlines/466900-despite-widespread-criticism-nigerian-govt-commences-social-media-regulation.html
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NIGERIA
Since December 2013, last amended in August 2019
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Guidelines for Nigerian Content Development in Information and Communication Technology (ICT)
Entities seeking to provide communication services or facilities in Nigeria are subject to a licensing requirement. According to Section 10.3 of the Guidelines for Nigerian Content Development in Information and Communication Technology (ICT), Software Multinational Companies and Original Equipment Manufacturers must negotiate Universal License Agreements (ULA) with the National Information Technology Development Agency (NITDA) and offer these licenses and services to the public sector under terms agreed upon with the agency.
Coverage Foreign software companies
