CENTRAL AFRICAN REPUBLIC
N/A
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of ratification of the UN Convention on the Use of Electronic Communications in International Contracts
The CAR has signed but not ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
CENTRAL AFRICAN REPUBLIC
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
The CAR 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
CENTRAL AFRICAN REPUBLIC
Since January 2018
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Law No. 18.002 Governing Electronic Communications in the Central African Republic (Loi No. 18.002 Régissant les Communications Électroniques en République Centrafricaine)
According to Law No. 18.002, the introduction of satellite telephones into the country is subject to authorisation by the competent authorities. According to Art. 62 of the law, any sale of a satellite phone must be reported to the regulatory authority along with the buyer's details.
Coverage Satellite phones
CENTRAL AFRICAN REPUBLIC
Since January 2018
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Law No. 18.002 Governing Electronic Communications in the Central African Republic (Loi No. 18.002 Régissant les Communications Électroniques en République Centrafricaine)
According to Art. 147 of Law No. 18.002, the importation of cryptology equipment without prior authorisation is subject to a penalty of between one and five million CFA francs (approx. USD 1,760 - 8,810), imprisonment of between one and three months, or both.
Coverage Cryptology equipment
CENTRAL AFRICAN REPUBLIC
Since May 2019
Since January 2018
Since January 2018
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Law No. 19.004 of 10 May 2019 on Standardisation, Certification, Accreditation, and Promotion of Quality in the Central African Republic (Loi No. 19.004 du 10 Mai 2019 Portant Normalisation, Certification, Accréditation, et Promotion de la Qualité en République Centrafricaine)
Law No. 18.002 Governing Electronic Communications in the Central African Republic (Loi No. 18.002 Régissant les Communications Électroniques en République Centrafricaine)
Law No. 18.002 Governing Electronic Communications in the Central African Republic (Loi No. 18.002 Régissant les Communications Électroniques en République Centrafricaine)
The Central African Republic has a national regulatory framework for standardisation and quality management since the enactment of Law No. 19.004. However, the countries is still in the process of establishing its National Standardisation Agency. Once established, the Agency will be the only institution authorised to adopt international standards and formulate national standards.
In the absence of national rules, imports must, in principle, be accompanied by a certificate of conformity (CdC) with international technical regulations.
It is reported that all products exported to the CAR are subject to the Pre-shipment Inspection Programme. Third-party results may be accepted under certain conditions. The following are accepted:
- laboratories accredited according to ISO/IEC 17025 or equivalent;
- Supplier's laboratories, provided that the installation is under the company's certified quality management system and whose key elements of the ISO/CEI 17025 standard are respected. The text of the law is not available online.
Regarding telecom equipment, Art. 92 of Law No. 18.002 stipulates that terminal equipment intended for connection to a publicly accessible network must undergo approval and certification by the Regulatory Authority. Moreover, approval and certification are mandated for all radio equipment and installations, irrespective of whether they are intended for connection to a public network. Art. 93 specifies that approval and certification confirm the equipment or installation's compliance with the technical standards and specifications established by the International Telecommunication Union (ITU). Additionally, Art. 97 provides that terminal equipment requiring approval must not be manufactured for the domestic market, imported for consumption, held for sale, distributed (whether free of charge or for remuneration), connected to a publicly accessible network, installed, or advertised unless it has been approved and remains in continuous compliance with the applicable requirements.
In the absence of national rules, imports must, in principle, be accompanied by a certificate of conformity (CdC) with international technical regulations.
It is reported that all products exported to the CAR are subject to the Pre-shipment Inspection Programme. Third-party results may be accepted under certain conditions. The following are accepted:
- laboratories accredited according to ISO/IEC 17025 or equivalent;
- Supplier's laboratories, provided that the installation is under the company's certified quality management system and whose key elements of the ISO/CEI 17025 standard are respected. The text of the law is not available online.
Regarding telecom equipment, Art. 92 of Law No. 18.002 stipulates that terminal equipment intended for connection to a publicly accessible network must undergo approval and certification by the Regulatory Authority. Moreover, approval and certification are mandated for all radio equipment and installations, irrespective of whether they are intended for connection to a public network. Art. 93 specifies that approval and certification confirm the equipment or installation's compliance with the technical standards and specifications established by the International Telecommunication Union (ITU). Additionally, Art. 97 provides that terminal equipment requiring approval must not be manufactured for the domestic market, imported for consumption, held for sale, distributed (whether free of charge or for remuneration), connected to a publicly accessible network, installed, or advertised unless it has been approved and remains in continuous compliance with the applicable requirements.
Coverage Electronic products
Sources
- https://eui1-my.sharepoint.com/:b:/g/personal/martina_ferracane_eui_eu/ER8uHQ5z6pxDgB1Mxhii-uUBtphM_KYBMO4Uq4wMmVLOgA?e=PNqpvp
- https://web.archive.org/web/20230330170102/https://www.sgs.com/en/-/media/sgscorp/documents/corporate/brochures/sgs-gs-pca-central-african-republic-datasheet-fr.cdn.en.pdf
- https://web.archive.org/web/20221116070521/https://www.arcep.cf/images/textes/lois/Loi_18_002_regissant_les_communications_electroniques_en_RCA.pdf
- https://ib-lenhardt.com/type-approval/central-african-republic
- Show more...
CENTRAL AFRICAN REPUBLIC
Since January 2018
Pillar Technical standards applied to ICT goods and online services |
Indicator Restrictions on encryption standards
Law No. 18.002 Governing Electronic Communications in the Central African Republic (Loi No. 18.002 Régissant les Communications Électroniques en République Centrafricaine)
Art. 100 of Law No. 18.002 provides that, in order to preserve the interests of internal or external State security and national defence, the supply, operation or use of cryptology means or services must be subject to:
- Prior declaration regime when the only purpose of this means or service is to authenticate a communication or to ensure the integrity of the message.
- Authorisation regime, with a written opinion from the Minister in charge of national security and internal security in other cases.
The Electronic Communications and Postal Regulatory Authority (ARCEP) must lay down the conditions under which the declaration or authorisation must be made or granted. It may provide for a simplified declaration or authorisation regime for certain types of equipment or services or for certain categories of users (Art. 101).
- Prior declaration regime when the only purpose of this means or service is to authenticate a communication or to ensure the integrity of the message.
- Authorisation regime, with a written opinion from the Minister in charge of national security and internal security in other cases.
The Electronic Communications and Postal Regulatory Authority (ARCEP) must lay down the conditions under which the declaration or authorisation must be made or granted. It may provide for a simplified declaration or authorisation regime for certain types of equipment or services or for certain categories of users (Art. 101).
Coverage Horizontal
CENTRAL AFRICAN REPUBLIC
Since December 2018, entry into force in March 2019
Since June 2019
Since June 2019
Pillar Online sales and transactions |
Indicator Restrictions on online payments
Regulation No. 02/18/CEMAC/UMAC/CM of 21 December 2018 on Foreign Exchange Regulations in CEMAC (Règlement No. 02/18/CEMAC/UMAC/CM du 21 Décembre 2018 Portant Réglementation des Changes dans la CEMAC)
Instruction No. 8/GR/2019 on the Conditions and Modalities for Use of Electronic Payment Instruments Outside CEMAC (Instruction No. 008/GR/2019 Relative aux Conditions et Modalités d'Utilisation à l'Extérieur de la CEMAC des Instruments de Paiement Électronique)
Instruction No. 8/GR/2019 on the Conditions and Modalities for Use of Electronic Payment Instruments Outside CEMAC (Instruction No. 008/GR/2019 Relative aux Conditions et Modalités d'Utilisation à l'Extérieur de la CEMAC des Instruments de Paiement Électronique)
According to the Instruction No. 8/GR/2019 issued by the Governor of the Bank of Central African States to facilitate the interpretation and implementation of the Economic and Monetary Community of Central Africa (CEMAC) Regulation 02/18/CEMAC/UMAC/CM, there is a limit of 1 million XAF (approx. USD 1,700) per month and per person for the remote settlement of transactions, including online payments. According to Arts. 7-8, justification needs to be provided above this limit. The Instruction provides guidance on the provision of Art. 34 of the Regulation, which implements certain limits for using electronic payment instruments outside the CEMAC and applies to the six CEMAC member states, including the CAR.
Coverage Electronic payment instruments
Sources
- https://web.archive.org/web/20240225073742/https://www.droit-afrique.com/uploads/CEMAC-Reglement-2018-02-changes.pdf
- https://web.archive.org/web/20221125221459/https://www.beac.int/wp-content/uploads/2020/07/Instruction-n%C2%B008-GR-2019-on-the-conditions-and-modalities-for-use-of-electronics-payment-instrument-outs...
- https://web.archive.org/web/20231207191251/https://clarenceabogados.com/client-alert/beac-instructions-to-foreign-exchange-regulations/
- https://web.archive.org/web/20241128140950/https://www.anif.cm/images/pdfanif/reglement_anglais.pdf
- Show more...
CENTRAL AFRICAN REPUBLIC
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 XAF 30,000 (approx. USD 50), below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
Sources
- https://web.archive.org/web/20240313090038/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
CENTRAL AFRICAN REPUBLIC
Since January 2024
Pillar Cross-border data policies |
Indicator Conditional flow regime
Law No. 24.001 of 25 January 2024 on the protection of personal data (Loi No. 24.001 du 25 janvier 2024, portant protection des données à caractère personnel)
Art. 21 of Law No. 24.001 stipulates that the controller of a data processing operation may transfer personal data to a foreign state only if the receiving state possesses legislation that guarantees a level of protection equivalent to that established by this law. Moreover, the transfer of personal data to a country that does not provide an equivalent level of protection may be permitted as an exception under specific conditions, including when the data subject, having been informed of the absence of such protection, has explicitly and unequivocally consented to the proposed transfer.
Coverage Horizontal
CENTRAL AFRICAN REPUBLIC
N/A
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Lack of binding commitment on data flows
CAR has not signed any agreement with binding commitments on data transfer across-border.
Coverage Horizontal
CENTRAL AFRICAN REPUBLIC
Since January 2024
Pillar Domestic data policies |
Indicator Framework for data protection
Law No. 24.001 of 25 January 2024 on the protection of personal data (Loi No. 24.001 du 25 janvier 2024, portant protection des données à caractère personnel)
Law No. 24.001 establishes a comprehensive legal framework for the protection of personal data in the Central African Republic. In addition to this general regime, sector-specific legislation governs data protection within the telecommunications sector. Notably, Law No. 18.002 of 17 January 2018, which regulates electronic communications, includes explicit provisions concerning the protection of users’ privacy in relation to electronic communication networks and services (Arts. 112–115), as well as the safeguarding of personal data (Arts. 116–126).
Coverage Horizontal
Sources
- https://web.archive.org/web/20250403224502/https://arcep.cf/fr/images/documents/reglementation/lois/Loi_24_001_portant_protection_des_donnes_a_caractere_personnel.PDF
- https://web.archive.org/web/20221116070521/https://www.arcep.cf/images/textes/lois/Loi_18_002_regissant_les_communications_electroniques_en_RCA.pdf
CENTRAL AFRICAN REPUBLIC
Since January 2024
Pillar Domestic data policies |
Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Law No. 24.001 of 25 January 2024 on the protection of personal data (Loi No. 24.001 du 25 janvier 2024, portant protection des données à caractère personnel)
Art. 38 of Law No. 24.001 stipulates that every data controller must designate a data protection officer, tasked with ensuring compliance with the obligations set forth in the Law. Pursuant to Art. 40, only individuals residing within the territory of the Central African Republic who possess the requisite knowledge and qualifications to discharge their functions may be appointed as such officers.
Coverage Horizontal
CENTRAL AFRICAN REPUBLIC
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
It is reported that a basic legal framework for intermediary liability for copyright infringement is absent in The Central African Republic's law and jurisprudence.
Coverage Internet intermediaries
CENTRAL AFRICAN REPUBLIC
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringements
It is reported that a basic legal framework for intermediary liability beyond copyright infringement is absent in The Central African Republic's law and jurisprudence.
Coverage Internet intermediaries
CENTRAL AFRICAN REPUBLIC
Since January 2018
Pillar Intermediary liability |
Indicator User identity requirement
Law No. 18.002 Governing Electronic Communications in the Central African Republic (Loi No. 18.002 Régissant les Communications Électroniques en République Centrafricaine)
According to Art. 61 of Law No. 18.002, telecom operators must identify all their subscribers. It is reported that there has been an identity requirement for SIM cards since 2014.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20221116070521/https://www.arcep.cf/images/textes/lois/Loi_18_002_regissant_les_communications_electroniques_en_RCA.pdf
- https://web.archive.org/web/20230123124352/https://www.gsma.com/mobilefordevelopment/wp-content/uploads/2021/04/Digital-Identity-Access-to-Mobile-Services-and-Proof-of-Identity-2021_SPREADs.pdf
