CHAD
Since May 2020
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Decree No. 002130/PR/2020 on the Code of Public Procurement (Décret No. 002130/PR/2020 Portant Code des Marchés Publics)
According to Art. 80 of the Code of Public Procurement, the procurement entities may decide when preparing the international tender dossier to give preference to the bidders mentioned below, provided that their offer is deemed to conform to that of the highest bidder and that the price offered is not more than 15% higher than that offered by the latter. This preference can be given:
- To craftsmen and business leaders of Chadian nationality, individually or in groups;
- To companies whose majority of the share capital belongs either to natural persons of Chadian nationality or to legal persons governed by Chadian law whose majority of the capital is held by natural persons of Chadian nationality."
According to Art. 126 of the Code: "When awarding a contract (...) priority is given to the economically and technically most advantageous tender according to the evaluation criteria fixed in the consultation file, to the submission presented by:
- A natural person of Chadian nationality or a legal person under Chadian law;
- A natural person or a legal person justifying an economic activity in the National Territory;
- Business groups associating with Chadian companies or providing for significant subcontracting to nationals.
- To craftsmen and business leaders of Chadian nationality, individually or in groups;
- To companies whose majority of the share capital belongs either to natural persons of Chadian nationality or to legal persons governed by Chadian law whose majority of the capital is held by natural persons of Chadian nationality."
According to Art. 126 of the Code: "When awarding a contract (...) priority is given to the economically and technically most advantageous tender according to the evaluation criteria fixed in the consultation file, to the submission presented by:
- A natural person of Chadian nationality or a legal person under Chadian law;
- A natural person or a legal person justifying an economic activity in the National Territory;
- Business groups associating with Chadian companies or providing for significant subcontracting to nationals.
Coverage Horizontal
CHAD
Reported in 2017, last reported in 2023
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Reported corruption in public procurement
It has been reported that government procurement in Chad is particularly susceptible to corruption. For example, one-third of companies surveyed by the World Bank in 2017 indicated that "gifts" were expected for a company to win a public contract.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240808165954/https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S445-06.pdf&Open=True
- https://web.archive.org/web/20221107050245/https://www3.weforum.org/docs/GCR2017-2018/05FullReport/TheGlobalCompetitivenessReport2017%E2%80%932018.pdf
- https://web.archive.org/web/20231207145056/https://www.state.gov/reports/2022-investment-climate-statements/chad/
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CHAD
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the World Trade Organization (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)
Chad is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal
CHAD
Since January 2008, entry into force in December 2008
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Law No. 006/PR/2008 Instituting the Investment Charter of the Republic of Chad (Loi No. 006/PR/2008 Instituant la Charte des Investissements de la République du Tchad)
Law No. 006/PR/2008 defines the regulation of foreign investment in Chad. It has been reported that certain sectors are closed or restricted de facto under this legislation. These include fixed telephony services, which are reserved for state enterprises. It is also reported that the only limit on foreign control is on ownership of companies deemed related to national security. Art. 11 stipulates that private investments are permitted in Chad, subject to specific provisions designed to ensure that the State's economic and social policy is respected, particularly regarding the protection of health, safety and public hygiene, social protection and environmental protection.
Coverage Fixed telephony services
Sources
- https://web.archive.org/web/20230528031156/https://investmentpolicy.unctad.org/investment-laws/laws/50/print/4
- https://web.archive.org/web/20231207145056/https://www.state.gov/reports/2022-investment-climate-statements/chad/
- https://web.archive.org/web/20240808165954/https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S445-06.pdf&Open=True
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CHAD
Reported in 2022
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Screening of investments
It is reported that the government employs a holistic, project-by-project approach in its investment screening mechanisms. However, no fixed criteria or standardised methodology have been made publicly available.
Coverage Horizontal
CHAD
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) |
Sub-pillar 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 French-speaking States, including Chad, 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/20230327044434/http://www.oapi.int/Ressources/reglement_mandataire/REGLEMENT_PROFESSION_MANDATAIRE.pdf
- https://web.archive.org/web/20240324133233/http://www.droit-afrique.com/upload/doc/oapi/OAPI-Guide-depot-brevet.pdf
- https://web.archive.org/web/20230324154159/https://pctlegal.wipo.int/eGuide/view-doc.xhtml?doc-code=TD&doc-lang=en#GENERAL%20INFO
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CHAD
Since January 1978
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Chad is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
CHAD
Since March 1977, as amended in December 2015, entry into force in November 2020
Since May 2003
Since May 2003
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar 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. 005/PR/2003 of 2 May 2003 on the Protection of Copyright, Neighboring Rights, and Expressions of Folklore (Loi No. 005/PR/2003 du 2 Mai 2003 Portant Protection du Droit d’Auteur, des Droits Voisins et des Expressions du Folklore)
Law No. 005/PR/2003 of 2 May 2003 on the Protection of Copyright, Neighboring Rights, and Expressions of Folklore (Loi No. 005/PR/2003 du 2 Mai 2003 Portant Protection du Droit d’Auteur, des Droits Voisins et des Expressions du Folklore)
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 Chad 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, Arts. 34-38 of Law No. 005/PR/2003 also provide for limitations on copyright.
Coverage Horizontal
CHAD
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Chad has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
CHAD
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Chad has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
CENTRAL AFRICAN REPUBLIC
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
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 Signatures.
Coverage Horizontal
CENTRAL AFRICAN REPUBLIC
N/A
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
CAR does not have a legal framework that applies consumer protection to online transactions.
Coverage Horizontal
CENTRAL AFRICAN REPUBLIC
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the United Nations (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 |
Sub-pillar Adoption of United Nations Commission on International Trade Law (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 |
Sub-pillar 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