Database

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GUINEA-BISSAU

Since May 2011

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Decree-Law No. 8/2011 (Decreto-Lei No. 8/2011)
Art. 9 of Decree-Law No. 8/2011 provides that import activities are subject to the prior licensing regime, whose requirements are specified in Art. 5. In addition, Art. 10 states that import and export operations are subject to a simple written declaration by operators to the Ministry of Commerce, Industry and Tourism, which will forward the information to the customs service.
Coverage Import activities

GUINEA-BISSAU

Since May 2011

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Export restrictions on ICT goods or online services
Decree-Law No. 8/2011 (Decreto-Lei No. 8/2011)
Art. 9 of Decree-Law No. 8/2011 provides that export activities are subject to the prior licensing regime, whose requirements are specified in Art. 5. In addition, Art. 10 states that import and export operations are subject to a simple written declaration by operators to the Ministry of Commerce, Industry and Tourism, which will forward the information to the customs service.
Coverage Export activities

GUINEA-BISSAU

Since July 2004

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 government owns shares in certain telecom companies. In particular, Guiné Telecom (Companhia de Telecomunicações da Guiné-Bissau) is a state-owned company and has a monopoly on the fixed-line network. Moreover, Guinetel, which operates in the mobile telecom sector, is a subsidiary of the Guiné Telecom. It is reported that the government launched a proposal for the privatisation of state-owned telecom companies, which is still ongoing.
Coverage Telecommunications sector

GUINEA-BISSAU

N/A

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
Guinea-Bissau does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there is an obligation of accounting separation under Arts. 70.c and 74.c of Law No. 5/2010 of May 27th - Basic Information and Communications and Technologies Law (Lei No. 5/2010 of 27 de Maio - Lei de Base das Tecnologias de Informação e Comunicação).
Coverage Telecommunications sector

GUINEA-BISSAU

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

GUINEA-BISSAU

Since May 2010

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Law No. 5/2010 of 27 May - Basic Information and Communications and Technologies Law (Lei No. 5/2010 de 27 de Maio - Lei de Base das Tecnologias de Informação e Comunicação)
The telecom regulating body of Guinea-Bissau (Autoridade Reguladora Nacional - ARN) is independent in the exercise of its functions according to Art. 7 of Law No. 5/2010.
Coverage Telecommunications sector

GUINEA-BISSAU

N/A

Pillar Cross-border data policies  |  Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Guinea-Bissau has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal

GUINEA-BISSAU

N/A

Pillar Domestic data policies  |  Indicator Framework for data protection
Lack of comprehensive legal framework for data protection
Guinea-Bissau does not have a comprehensive regime in place for personal data, but it has implemented some limited sectoral regulations. Under Art. 8(d) of the Interconnection Regulations (Decree No. 13/2010 of 27 May) applicable in the telecom sector, the interconnection must ensure the protection of data, including the protection of personal data and the confidentiality of transmitted or archived information.
Coverage Horizontal

GUINEA-BISSAU

N/A

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Guinea-Bissau's law and jurisprudence.
Coverage Internet intermediaries

GUINEA-BISSAU

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 infringement
A basic legal framework on intermediary liability beyond copyright infringement is absent in Guinea-Bissau's law and jurisprudence.
Coverage Internet intermediaries

GUINEA-BISSAU

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Guinea-Bissau has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

GUINEA-BISSAU

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Lack of comprehensive trade secret regime
Guinea-Bissau does not have a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. In particular, the country has established 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, which has been ratified by 17 States, including Guinea-Bissau in 2002.
Coverage Horizontal

GUINEA-BISSAU

Since November 2013

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Decree No. 21/2013 of 13 November - Regulation on Obligation for Passive Infrastructure Sharing (Decreto No. 21/2013 - Regulamento de Partilha de Infraestruturas Passivas de Telecomunicações e Outros Recursos de Rede)
According to Art. 1 of Decree No. 21/2013, there is an obligation for passive infrastructure sharing in Guinea-Bissau to deliver telecom services to end users.
Coverage Telecommunications sector

GUINEA-BISSAU

Reported in 2010, last reported in 2023

Pillar Telecom infrastructure & competition  |  Indicator Maximum foreign equity share for investment in the telecommunication sector
Fixed-Line investment restrictions
Some activities, including fixed telephone services, are reportedly not open to domestic or foreign private investment in Guinea-Bissau. This is despite the fact that no restrictions are found in the current legislation. In fact, Art. 6 of the Investment Code (Law No. 3/2011) states that in accordance with this Code and other laws, foreign and domestic investors enjoy equal treatment before the State and all its institutions. In addition, the Basic Law on Information and Communications Technology (Law No. 5/2010) does not contain any restrictions on market access for foreign suppliers. Yet, for fixed telephony, the state-owned operator Guiné Telecom is the only provider of these services. In 1989, the government created Guiné Telecom. At the time, Portugal Telecom (PT) took a stake in the company, but in 2010, it withdrew its participation in the country's monopoly. In 2013, the government declared Guiné Telecom bankrupt, and the company was effectively shut down, but in September 2021, it was announced that it would resume operations in the country. In that month, Guiné Telecom was granted a new concession, Single Individual Licence No. GNB01SFT2021, to operate as a network and infrastructure operator and provider of fixed telecommunications services throughout Guinea-Bissau. In 2023, it was reported that Guinea-Bissau was looking to sell shares in Guiné Telecom.
Coverage Fixed telephone services
Sources

GUINEA-BISSAU

Reported in 2010, last reported in 2023

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Fixed-Line investment restrictions
It is reported that some activities, including fixed telephone services, are reportedly closed to domestic or foreign private investment in Guinea-Bissau. This is despite the fact that no restrictions are found in the current legislation. In fact, Art. 6 of the Investment Code (Law No. 3/2011) states that in accordance with this Code and other laws, foreign and domestic investors enjoy equal treatment before the State and all its institutions. In addition, the Basic Law on Information and Communications Technology (Law No. 5/2010) does not contain any restrictions on market access for foreign suppliers. Yet, for fixed telephony, the state-owned operator Guiné Telecom is the only provider of these services. In 1989, the government created Guiné Telecom. At the time, Portugal Telecom (PT) took a stake in the company, but in 2010, it withdrew its participation in the country's monopoly. In 2013, the government declared Guiné Telecom bankrupt, and the company was effectively shut down, but in September 2021, it was announced that it would resume operations in the country. In that month, Guiné Telecom was granted a new concession, Single Individual Licence No. GNB01SFT2021, to operate as a network and infrastructure operator and provider of fixed telecommunications services throughout Guinea-Bissau. In 2023, it was reported that Guinea-Bissau was looking to sell shares in Guiné Telecom.
Coverage Fixed telephone services
Sources

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