Database

Browse Database

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 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

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar 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)
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.
Coverage Electronic products

CENTRAL AFRICAN REPUBLIC

Since January 2018

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar 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).
Coverage Horizontal

CENTRAL AFRICAN REPUBLIC

Since December 2018, entry into force in March 2019
Since June 2019

Pillar Online sales and transactions  |  Sub-pillar 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)
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

CENTRAL AFRICAN REPUBLIC

Reported in 2021, last reported in 2023

Pillar Online sales and transactions  |  Sub-pillar 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

CENTRAL AFRICAN REPUBLIC

Since February 2019
Since January 2018

Pillar Telecom infrastructure & competition  |  Sub-pillar Passive infrastructure sharing obligation
Decree No. 9.042 of 20 February 2019 Defining the Obligations of Sharing Electronic Communications Infrastructure (Décret No. 9.042 du 20 Février 2019 Définissant les Obligations de Partage d'Infrastructure de Communications Électroniques)

Law No. 18.002 Governing Electronic Communications in the Central African Republic (Loi No. 18.002 Régissant les Communications Électroniques en République Centrafricaine)
Arts. 35 and 42 of Law No. 18.002 and Decree No. 9.042 set an obligation for passive infrastructure sharing in the Central African Republic to deliver telecom services to end users.
Coverage Telecommunications sector

CENTRAL AFRICAN REPUBLIC

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
It is reported that the government owns 60% of Société Centrafricaine de Télécommunications (SOCATEL) stock. SOCATEL is the leading telecommunications and Internet service provider in the Central African Republic.
Coverage Telecommunications sector

CENTRAL AFRICAN REPUBLIC

Since January 2018

Pillar Telecom infrastructure & competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
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 regulatory authorities may impose accounting separation concerning certain activities in the field of interconnection and/or access for the dominant operator (Art. 50). It is also reported that the Central African Republic imposes functional and accounting separation for operators with significant market power (SMP) in the telecommunications sector.
Coverage Telecommunications sector

CENTRAL AFRICAN REPUBLIC

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Signature of the World Trade Organization (WTO) Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
The CAR has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

CENTRAL AFRICAN REPUBLIC

Since May 2017, entry into force in January 2018

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of an independent telecom authority
Law No. 17.020 of May 2017 Establishing the Regulatory Authority for Electronic Communications and Posts in CAR (Loi No. 17.020 de Mai 2017 Portant Création de l'Autorité de Régulation des Communications Électroniques et des Postes en RCA)
According to Art. 2 of Law No. 17-020, the Electronic Communications and Postal Regulatory Authority (ARCEP), 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

CENTRAL AFRICAN REPUBLIC

N/A

Pillar Cross-border data policies  |  Sub-pillar 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

N/A

Pillar Domestic data policies  |  Sub-pillar Framework for data protection
Lack of comprehensive legal framework for data protection
The Central African Republic does not have a comprehensive data protection law. However, there is a sectoral law that applies to the telecommunications sector. Law No. 18.002 of January 2018 governing electronic telecommunications mentions the protection of the privacy of users of electronic communication networks and services (Arts. 112-115) and the protection of personal data (Arts. 116-126).
Coverage Horizontal

CENTRAL AFRICAN REPUBLIC

N/A

Pillar Intermediary liability  |  Sub-pillar 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  |  Sub-pillar 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  |  Sub-pillar 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

Report issue     Report new measure