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MALI

Since September 2011

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Ordinance No. 11-023/P-RM of September 28, 2011 relating to telecommunications and information and communication technologies (Ordonnance No. 2011-023/ P-RM du 28 Septembre 2011 relative Aux Télécommunications et aux Technologies de l'Information et de la Communication)
According to Art. 63 of Ordinance No. 11-023/P-RM, telecom equipment intended to be connected to a telecommunications network open to the public must undergo prior approval to ensure compliance with the essential requirements and to verify conformity with the technical standards and specifications in force in Mali. Approval is required in all cases for radio installations, whether or not they are intended for such a network, and the Authority establishes the criteria and admission procedure for assessing the technical qualifications of persons responsible for installing, commissioning, and maintaining terminal equipment.
Coverage Telecom equipment

MALI

Since September 2011

Pillar Technical standards applied to ICT goods and online services  |  Indicator Restrictions on encryption standards
Ordinance No. 11-023/P-RM of September 28, 2011 relating to telecommunications and information and communication technologies (Ordonnance No. 2011-023/ P-RM du 28 Septembre 2011 relative Aux Télécommunications et aux Technologies de l'Information et de la Communication)
Art. 86 of Ordinance No. 11-023/P-RM establishes penalties for the export or import of means of cryptology without authorisation, with a penalty of imprisonment of six months to one year and a fine of 10,000,000 CFA francs (USD 16,300 approx) to 20,000,000 CFA francs (USD 32,700 approx). In addition, the court may prohibit the offender from applying for authorisation for a maximum of two years and order the confiscation of the cryptology means.
Coverage Cryptology equipment

MALI

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Malian Authority for the Regulation of Telecommunications and Posts (AMRTP), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector

MALI

Since May 2013, last amended in December 2017

Pillar Cross-border data policies  |  Indicator Conditional flow regime
Law No. 2013/015 of 21 May 2013 on the Protection of Personal Data in the Republic of Mali (Loi No. 2013-015 du 21 mai 2013 portant protection des données à caractère personnel en république du Mali)
According to Art. 11 of Law No. 2013-015, Mali authorises the transfer of personal data to a foreign State when:
- The receiving State ensures a sufficient level of protection of individuals, indicated by the Authority in charge of the protection of personal data, due to its domestic legislation or commitments made at the international level and that these measures are effectively implemented.
- By decision of the Authority in charge of the protection of personal data, when the transfer and processing by the recipient of the personal data ensures a sufficient level of protection of privacy, as well as of the fundamental rights and freedoms of individuals, in particular, due to the contractual clauses or internal rules to which it is subject.
Coverage Horizontal

MALI

N/A

Pillar Cross-border data policies  |  Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements committing to open cross-border data flow transfers
Mali has not joined any free trade agreement committing to open cross-border data flow transfers.
Coverage Horizontal

MALI

Since May 2013, last amended in December 2017

Pillar Domestic data policies  |  Indicator Framework for data protection
Law No. 2013/015 of 21 May 2013 on the Protection of Personal Data in the Republic of Mali (Loi No. 2013-015 du 21 mai 2013 portant protection des données à caractère personnel en république du Mali)
Law No. 2013/015 provides a comprehensive regime of data protection in Mali. The Law addresses matters such as data subject rights, data transfers, legal bases for processing, and the establishment of the Malian Data Protection Authority (APDP).
Coverage Horizontal

MALI

Since March 1977, as amended in December 2015, entry into force in November 2020
Since June 2017

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
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)

Law No. 2017-012 of 01 June 2017, Laying Down the Regime of Literary and Artistic Property in the Republic of Mali (Loi No. 2017-012 du 01 juin 2017 fixant le régime de la propriété littéraire et artistique en République du Mali)
The Revised Bangui Agreement is a regional intellectual property law that is not only a regional convention applicable in all member states but also serves as a national intellectual property law in Mali and each of the other member states. The Revised Bangui Agreement contains provisions on copyright in Annex VII: Chapter IV (Limitations to Economic Rights) and establishes a regime of copyright exceptions. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. In addition, Chapter IV of Title I of Law No. 2017-012 also provides for limitations on copyrights.
Coverage Horizontal

MALI

Since April 2002

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Mali has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

MALI

Since May 2002

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Mali has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

MALI

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Mali does not have comprehensive trade secret legislation. Yet, there are provisions addressing disclosure, acquisition or use of confidential information in the course of industrial or commercial activities by third parties in Art. 6 of Annex VIII of the Bangui Agreement ratified by 17 French-speaking States, including Mali, since 2002.
Coverage Horizontal

MALI

N/A

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in Mali to deliver telecom services to end users. It is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector

MALI

Since July 2009

Pillar Telecom infrastructure & competition  |  Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The Telecommunications Company of Mali (SOTELMA), or Sotelma-Malitel, has been privatised. It operates under the brand Moov Africa Malitel, whose services are landline, mobile, Internet and electronic money (Mobicash). The supplier (Maroc Telecom Group) holds 51% and the Malian State (49%) of participation.
Coverage Telecommunications sector

MALI

N/A

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
It is reported that Mali mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector

MALI

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
Mali has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

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