Database

Browse Database

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

CENTRAL AFRICAN REPUBLIC

Since January 1978

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
The CAR is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

CENTRAL AFRICAN REPUBLIC

Since March 1977, as amended in December 2015, entry into force in November 2020
Since January 1985

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)

Ordinance No. 85.002 of 5 January 1985 on Copyrights (Ordonnance No. 85.002 du 5 Janvier 1985 sur le Droit d'Auteur)
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 the Central African Republic 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 II of Ordinance No. 85.002 also provides for limitations on copyright.
Coverage Horizontal
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'CF')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"79711"},{"post_id":"79712"},{"post_id":"79713"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'CF')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'CF')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"1.00"}]

CENTRAL AFRICAN REPUBLIC

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
12.88%
Coverage rate of zero-tariffs on ICT goods (%)
0.39%
Coverage: Digital goods

CENTRAL AFRICAN REPUBLIC

N/A

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Participation in the World Trade Organization (WTO) Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Central Africa Republic is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods

CENTRAL AFRICAN REPUBLIC

Reported in 2023

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Exclusion from public procurement
High thresholds for competitive bidding
It is reported that the Government is authorised to conduct competitive bidding when the price of the project exceeds 250 million CFA francs (approx. USD 415,160) for services and above 25 Million CFA francs (approx. USD 41,516) for intellectual services.
Coverage Horizontal

CENTRAL AFRICAN REPUBLIC

Since June 2008

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Law No. 08-017 of 6 June 2008 on the Public Procurement Code in the CAR (Loi No. 08-017 du 6 Juin 2008 Portant sur le Code des Marchés Publics en RCA)
According to Law No. 08-017 on the Public Procurement Code in CAR, when awarding a public contract or a public service delegation, preference may be given to the bid submitted by a company with its head office in the Central African Republic. Firms having their registered office in a CEMAC Member State may benefit from the above-mentioned preference rules. This margin of preference, quantified as a percentage of the amount of the bid, may in no case exceed 15% for national firms and 10% for firms having their headquarters in CEMAC countries (Art. 64).
Moreover, a contract applicant who plans to subcontract at least 30% of the total value of the contract to a company in a CEMAC member state may be granted a margin of preference not exceeding 5%, which may be added to the preference referred to in Art. 64 of this law (Art. 26). This applies to contracts for a local authority or one of its public establishments.
Coverage Horizontal

CENTRAL AFRICAN REPUBLIC

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)
CAR is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal

CENTRAL AFRICAN REPUBLIC

Since July 2001

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Law No. 01-010 of 16 July 2001 on the Charter of Investments in the Central African Republic (Loi No. 01-010 du 16 Juillet 2001 Portant Charte des Investissements en République Centrafricaine)
According to the Investment Charter of 2001 in CAR, any natural or legal person, Central African or foreign, regardless of their place of residence, may undertake and freely carry out economic activities in CAR, subject to specific provisions aimed at protecting the environment, health and public hygiene. In this regard, no discrimination can take place between natural or legal persons of Central African nationality and those of foreign nationalities, subject to measures relating to all foreign nationals and the application of the same principle of equal treatment by the State of which the foreign natural or legal person is a national (Art. 9).
Coverage Horizontal

CENTRAL AFRICAN REPUBLIC

Since January 2014

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Nationality/residency requirement for directors or managers
Revised Uniform Act on the Law of Commercial Companies and Economic Interest Groups (Acte uniforme révisé relatif au droit des sociétés commerciales et du groupement d'intérêt économique)
According to Art. 103 of the Revised Uniform Act relating to the Law of Commercial Companies and Economic Interest Groups of the Organization for the Harmonization of Business Law in Africa (OHADA) applied by the CAR, the founders of companies must be domiciled in one of the States Parties. OHADA includes 17 countries, namely Benin, Burkina Faso, Côte d'Ivoire, Guinea-Bissau, Mali, Niger, Senegal, Togo, Cameroon, Congo, Gabon, Equatorial Guinea, Central African Republic, Chad, Comoros, Guinea, and the Democratic Republic of Congo.
Coverage Horizontal

CENTRAL AFRICAN REPUBLIC

Since December 2016

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Law No. 16.006 of 30 December 2016 on the Commercial Code in CAR (Loi No. 16.006 du 30 Décembre 2016 Portant Code du Commerce en RCA)
According to Art. 4 of Law No. 16-006 on the Commercial Code in the CAR, any commercial company with foreign capital should have prior approval unless its head office is established in the CAR and at least 51% of the capital is effectively or indirectly held by natural persons of Central African nationality. Art. 17 stipulates that if the planned activity is subject to specific regulations, authorisation can only be given after a favourable technical opinion from the Ministry responsible for the activity.
Coverage Horizontal

CENTRAL AFRICAN REPUBLIC

Since January 2014

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Revised Uniform Act on the Law of Commercial Companies and Economic Interest Groups (Acte uniforme révisé relatif au droit des sociétés commerciales et du groupement d'intérêt économique)
According to the Revised Uniform Act on the Law of Commercial Companies and Economic Interest Groups, adopted by the organization for the Harmonization of Business Law in Africa (OHADA) and directly applicable and binding in the Central African Republic, the amount of the share capital is freely determined by the partners. However, the Uniform Act sets a minimum share capital of 10,000,000 CFA Francs (approx. USD 16,800) for certain companies (Arts. 65 and 387).
Coverage Horizontal

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