DJIBOUTI
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Lack of comprehensive regime on trade secrets
There is no comprehensive regime regulating trade secrets in Djibouti. However, there are limited measures addressing some issues related to trade secrets in Law No. 50/AN/09/6th L on the Protection of Industrial Property (Loi No. 50/AN/09/6ème L du 19 Juillet 2009 portant protection de la propriété industrielle). Art. 183 bestows upon natural persons and legal entities the right to prevent information lawfully within their control from being disclosed to, acquired by, or used by others without their consent in a manner contrary to honest commercial practices so long as such information: (a) is secret in the sense that it is not, as a body or in the precise configuration and assembly of its components, generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question; (b) has commercial value because it is secret; and (c) has been subject to reasonable steps under the circumstances, by the person lawfully in control of the information, to keep it secret.
Coverage Horizontal
DJIBOUTI
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
There is no obligation for passive infrastructure sharing in the country to deliver telecom services to end users, and it is not practised both in the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
DJIBOUTI
Since March 1998
Pillar Telecom infrastructure & competition |
Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
Law No. 13/AN/98/4ème L on the Separation of Post and Telecommunications (Loi No. 13/AN/98/4ème L Portant Séparation de la Poste et des Télécommunications)
According to Arts. 4, 5, and 8 of Law No. 13/AN/98/4ème L, there are limits to the proportion of shares that foreign investors can acquire in publicly controlled firms. Djibouti Télécom (DT), which is fully state-owned has a monopoly on the provision of telecom services and remains the country's only telecommunications operator (internet, fixed and mobile telephone services). In July 2021, the Council of Ministers announced its intention to open the capital of Djibouti Télécom, the national monopoly, to a private operator. During a meeting of the Council of Ministers in September 2021, the Government of Djibouti approved a draft law defining the terms and conditions for the legal sale of 40% of the stock of the public fixed-line and mobile telephony operator, Djibouti Télécom, to a "top-flight strategic partner".
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20241204200858/https://communication.gouv.dj/wp-content/uploads/2023/08/Loi-n%C2%B013-AN-98-4eme-L-portant-separation-de-la-poste-et-des-telecommunications.pdf
- https://web.archive.org/web/20210713161431/https://www.agenceecofin.com/telecom/1307-90069-djibouti-telecom-l-un-des-derniers-monopoles-telecoms-d-afrique-est-sur-le-point-de-disparaitre
- https://web.archive.org/web/20220526133633/https://www.telecomreviewafrica.com/index.php/articles/divers/2489-nouveau-projet-de-loi-sur-le-transfert-des-actions-de-djibouti-telecom
- https://www.state.gov/reports/2023-investment-climate-statements/djibouti/
- https://2009-2017.state.gov/documents/organization/227156.pdf
- https://web.archive.org/web/20221014234414/https://www.wto.org/english/tratop_e/tpr_e/s305_sum_e.pdf
- https://docsonline.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S430R1.pdf&Open=True
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DJIBOUTI
Reported in 2009, last reported in 2023
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in telecom companies
Djibouti Télécom (DT), which is fully state-owned has a monopoly on the provision of telecom services and remains the country's only telecommunications operator (internet, fixed and mobile telephone services). In July 2021, the Council of Ministers announced its intention to open the capital of Djibouti Télécom, the national monopoly, to a private operator. During a meeting of the Council of Ministers in September 2021, the Government of Djibouti approved a draft law defining the terms and conditions for the legal sale of 40% of the stock of the public fixed-line and mobile telephony operator, Djibouti Télécom, to a "top-flight strategic partner".
Coverage Telecommunications sector
Sources
- https://docsonline.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S430R1.pdf&Open=True
- https://web.archive.org/web/20221012120630/https://www.agenceecofin.com/telecom/1307-90069-djibouti-telecom-l-un-des-derniers-monopoles-telecoms-d-afrique-est-sur-le-point-de-disparaitre
- https://web.archive.org/web/20220526133633/https://www.telecomreviewafrica.com/index.php/articles/divers/2489-nouveau-projet-de-loi-sur-le-transfert-des-actions-de-djibouti-telecom
- https://web.archive.org/web/20241204203506/https://openknowledge.worldbank.org/server/api/core/bitstreams/3f5a875f-dd16-5f43-a74b-dc765bf3b9c8/content
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DJIBOUTI
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional and accounting separation for dominant network operators
A general requirement for accounting and functional separation for dominant network operators has not been found in the law. Yet, some requirements apply to Djibouti Telecom, which benefits from an exclusive licence and, as of 2023, has a monopoly on national and international telecommunications throughout the country.. According to Art. 68 of Law No. 80/AN/04/5th L, the Regulatory Agency may open up the provision of telecommunications services to competition in certain markets and localities, where Djibouti Telecom may only operate through subsidiaries. In this case, pursuant to Art. 70, relations between the operator and its subsidiaries are governed by the principle of financial and accounting separation.
Coverage Telecommunications sector
Sources
- https://datahub.itu.int/data/?i=100047&e=DJI&s=8421
- https://web.archive.org/web/20241204202935/https://communication.gouv.dj/wp-content/uploads/2023/08/Loi-n%C2%B080-AN-04-5eme-L-Portant-Reforme-du-Secteur-des-Technologies-de-lInformation-et-de-la-Comm...
- https://web.archive.org/web/20210301031404/https://international.djiboutitelecom.dj/company-history-milestones/
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DJIBOUTI
Since July 2009
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Law No. 53/AN/09/6ème L Establishing the New Public Procurement Code (Loi No. 53/AN/09/6ème L Portant Nouveau Code des Marchés Publics)
According to Art. 17.2.5 of Law No. 53/AN/09/6ème L, a margin of preference of up to 7.5% may be granted to offers from natural persons of Djiboutian nationality or legal entities under Djiboutian law and whose capital is majority held by the State or by natural persons of Djiboutian nationality. Additionally, a margin of preference of up to 4% may be granted to offers from foreign persons who undertake to subcontract at least 20% of the amount of the services covered by the contract to local providers. Moreover, a margin of preference of up to 15% may be granted to offers proposing supplies manufactured in the Republic of Djibouti.
Coverage Horizontal
DJIBOUTI
Since October 2004
Pillar Telecom infrastructure & competition |
Sub-pillar Other restrictions to operate in the telecom market
Law No. 80/AN/04/5th L Reforming the Information and Communication Technologies Sector (Loi No. 80/AN/04/5ème L Portant Réforme du Secteur des Technologies de l'Information et de la Communication)
Djibouti Telecom holds the monopoly of national and international telecommunications throughout Djibouti. In this respect, Art. 68 of Law No. 80/AN/04/5th L provides that Djibouti Telecom shall be granted an exclusive licence.
Art. 12 of the Law provides that the establishment and operation of telecommunications networks or services open to the public, using limited resources or using the public highway, is subject to obtaining a licence issued by the Minister. According to Art. 14, licences are granted if minimum conditions of continuity, quality and availability are respected, conditions for infrastructure sharing are met, a contribution is made to the cost of universal access to ICTs, and specific requirements for national defence and public security are met, among others.
Art. 7. e further clarifies that the Minister issues suspends, and withdraws licences on the proposal of the Regulatory Agency under the conditions laid down by the provisions of this law.
Art. 12 of the Law provides that the establishment and operation of telecommunications networks or services open to the public, using limited resources or using the public highway, is subject to obtaining a licence issued by the Minister. According to Art. 14, licences are granted if minimum conditions of continuity, quality and availability are respected, conditions for infrastructure sharing are met, a contribution is made to the cost of universal access to ICTs, and specific requirements for national defence and public security are met, among others.
Art. 7. e further clarifies that the Minister issues suspends, and withdraws licences on the proposal of the Regulatory Agency under the conditions laid down by the provisions of this law.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20241204202935/https://communication.gouv.dj/wp-content/uploads/2023/08/Loi-n%C2%B080-AN-04-5eme-L-Portant-Reforme-du-Secteur-des-Technologies-de-lInformation-et-de-la-Comm...
- https://web.archive.org/web/20210301031404/https://international.djiboutitelecom.dj/company-history-milestones/
DJIBOUTI
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)
Djibouti is not a signatory to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal
DJIBOUTI
Since 1994
Pillar Telecom infrastructure & competition |
Sub-pillar Signature of the World Trade Organization (WTO) Telecom Reference Paper
WTO Telecom Reference Paper
Djibouti has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
DJIBOUTI
Since March 1998
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Law No. 13/AN/98/4ème L on the Separation of Post and Telecommunications (Loi No. 13/AN/98/4ème L Portant Séparation de la Poste et des Télécommunications)
According to Arts. 4, 5, and 8 of Law No. 13/AN/98/4ème L, there are limits to the proportion of shares that can be acquired by foreign investors in publicly controlled firms. Djibouti Télécom (DT), which is fully state-owned, has a monopoly on the provision of telecom services and remains the country's only telecommunications operator (internet, fixed and mobile telephone services). In July 2021, the Council of Ministers announced its intention to open the capital of Djibouti Télécom, the national monopoly, to a private operator. During a meeting of the Council of Ministers in September 2021, the Government of Djibouti approved a draft law defining the terms and conditions for the legal sale of 40% of the stock of the public fixed-line and mobile telephony operator, Djibouti Télécom, to a "top-flight strategic partner".
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20241204200858/https://communication.gouv.dj/wp-content/uploads/2023/08/Loi-n%C2%B013-AN-98-4eme-L-portant-separation-de-la-poste-et-des-telecommunications.pdf
- https://web.archive.org/web/20210713161431/https://www.agenceecofin.com/telecom/1307-90069-djibouti-telecom-l-un-des-derniers-monopoles-telecoms-d-afrique-est-sur-le-point-de-disparaitre
- https://web.archive.org/web/20220526133633/https://www.telecomreviewafrica.com/index.php/articles/divers/2489-nouveau-projet-de-loi-sur-le-transfert-des-actions-de-djibouti-telecom
- https://web.archive.org/web/20231002191925/https://www.state.gov/reports/2023-investment-climate-statements/djibouti/
- https://web.archive.org/web/20240302043716/https://2009-2017.state.gov/documents/organization/227156.pdf
- https://web.archive.org/web/20221014234414/https://www.wto.org/english/tratop_e/tpr_e/s305_sum_e.pdf
- https://docsonline.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S430R1.pdf&Open=True
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DJIBOUTI
Since February 2020
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of an independent telecom authority
Law No. 074/AN/20/8ème L Establishing the Multisectoral Regulatory Authority of Djibouti (ARMD) (Loi No. 74/AN/20/8ème L Portant Création de L'autorité de Régulation Multisectorielle de Djibouti (ARMD))
Art. 2 of Law No. 074/AN/20/8ème L provides for the establishment of the Multisectoral Regulatory Authority of Djibouti, which is a legal entity of public law, independent, with financial autonomy and management. The Authority is responsible for inter alia telecommunications and ICT.
Coverage Telecommunications sector
DJIBOUTI
Since September 1992
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Nationality/residency requirement for directors or managers
Law No. 2/AN/92 2nd L of September 15, 1992 Relating to Freedom of Communication (Loi No. 2/AN/92 2ème L du 15 septembre 1992 Relative à la Liberté de la Communication)
According to Art. 14 of the 1992 Freedom of Communication Law, participants in the financial management of any press body must be citizens of Djibouti. Section 2 states that the law applies to all forms and modes of social communication, including audiovisual communication companies. In addition, according to Art. 17, the director and deputy director of any media outlet must be a resident of Djibouti.
The Law does not define what a media outlet is. However, it is reported that a media outlet is a broadcasting channel that provides news, information, and feature stories to the public through newspapers, magazines, social media, the Internet, television, and radio.
The Law does not define what a media outlet is. However, it is reported that a media outlet is a broadcasting channel that provides news, information, and feature stories to the public through newspapers, magazines, social media, the Internet, television, and radio.
Coverage Media sector
DJIBOUTI
Since August 2012, last amended in April 2019
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Commercial presence requirement for digital services providers
Commercial Code of the Republic of Djibouti (Code de commerce de la République de Djibouti)
Art. L.1211-6 of the Commercial Code provides that any legal entity whose head office is located abroad and which undertakes a commercial activity in the Republic of Djibouti must, within one month from the start of this activity, require the registration of a branch in the Republic of Djibouti. This request is to be filed with the registry responsible for maintaining the Register of Commerce and Companies. The Code defines commercial activity as including e-commerce.
Coverage Horizontal
DJIBOUTI
Reported in 2011, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the enforcement of patents
Practical restrictions related to enforcement of patents
It is reported that Djibouti’s legal structure for protecting and enforcing intellectual property rights (IPRs) is weak, although it is developing, and IPRs are rarely enforced.
Coverage Horizontal
DJIBOUTI
Since September 2016
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Djibouti is a party in the Patent Cooperation Treaty (PCT).
Coverage Horizontal