SUDAN
Since January 2013
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Copyright and Neighbouring Rights Protection and Literal and Artistic Works Act, 2013
(قانون حمایة حق المؤلف والحقوق المجاورة والمصنفات الأدبیة والفنیة لسنة 2013)
(قانون حمایة حق المؤلف والحقوق المجاورة والمصنفات الأدبیة والفنیة لسنة 2013)
Sudan has a copyright regime under the law Copyright and Neighbouring Rights Protection and Literal and Artistic Works Act, 2013. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 26-32 list the exceptions, which include educational purposes, quotations, transfer or copying from newspapers, copying for legal proceedings, news reports, photocopying in libraries and publishing by mass media.
Coverage Horizontal
SUDAN
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
Sudan has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
SUDAN
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)
12.10%
Coverage rate of zero-tariffs on ICT goods (%)
33.21%
Coverage: Digital goods
Sources
- http://wits.worldbank.org
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
SUDAN
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 the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Sudan is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II). Sudan is not a member of the WTO but holds observer status.
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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SUDAN
Since June 2010
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Purchasing, Contracting and Surplus Disposal Act 2010
(قانون الشراء والتعاقد والتخلص من الفائض لسنة 0202)
(قانون الشراء والتعاقد والتخلص من الفائض لسنة 0202)
Chapter 5 of the Purchasing, Contracting and Surplus Disposal Act stipulates that:
- Priority in contracting for the purchase and implementation of works shall be given to Sudanese individuals and institutions licensed to operate according to this Act (Art. 14.14);
- The Ministry may specify some works and contracts whose implementation must be entrusted to Sudanese contractors, and the projects can also be divided to allow Sudanese contractors to qualify and implement them (Art. 14.15); and
- Government agencies are required to prioritise Sudanese industries and products, provided they meet the intended purpose of the purchase (Art. 14.19).
- Priority in contracting for the purchase and implementation of works shall be given to Sudanese individuals and institutions licensed to operate according to this Act (Art. 14.14);
- The Ministry may specify some works and contracts whose implementation must be entrusted to Sudanese contractors, and the projects can also be divided to allow Sudanese contractors to qualify and implement them (Art. 14.15); and
- Government agencies are required to prioritise Sudanese industries and products, provided they meet the intended purpose of the purchase (Art. 14.19).
Coverage Horizontal
SUDAN
Since June 2010
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Purchasing, Contracting and Surplus Disposal Act 2010
(قانون الشراء والتعاقد والتخلص من الفائض لسنة 0202)
(قانون الشراء والتعاقد والتخلص من الفائض لسنة 0202)
The Purchasing, Contracting, and Surplus Disposal Act has introduced several limitations on foreign participation in public procurement, including:
- Foreign bidders must use local suppliers for specific services and ensure that at least 20% of the project is carried out by Sudanese contractors (Art. 14.16).
- Contractors are also obligated to purchase necessary tools and equipment from Sudanese agents, with direct imports allowed only if items are unavailable locally (Art. 14.17).
- National products may be procured if their prices do not exceed foreign alternatives by more than 10%, with foreign products acceptable only if they meet the required specifications (Art. 14.20).
- Foreign bidders must use local suppliers for specific services and ensure that at least 20% of the project is carried out by Sudanese contractors (Art. 14.16).
- Contractors are also obligated to purchase necessary tools and equipment from Sudanese agents, with direct imports allowed only if items are unavailable locally (Art. 14.17).
- National products may be procured if their prices do not exceed foreign alternatives by more than 10%, with foreign products acceptable only if they meet the required specifications (Art. 14.20).
Coverage Horizontal
SUDAN
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)
Sudan is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status. In fact, Sudan is not a member of the WTO.
Coverage Horizontal
SUDAN
Since May 2021
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Investment (Encouragement) Act, 2021
According to Art. 18 of the Investment (Encouragement) Act, foreign investment is restricted in certain sectors as designated by the Minister. It is reported that such restrictions include a prohibition on foreign capital participation in most areas of telecommunications services.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231206054805/https://www.state.gov/reports/2022-investment-climate-statements/sudan/
- https://web.archive.org/web/20230330171907/https://investmentpolicy.unctad.org/investment-laws/laws/334/sudan-the-investment-act
- https://web.archive.org/web/20211231222434/https://www.dhaman.net/ar/research/%D8%A7%D9%84%D8%B3%D9%88%D8%AF%D8%A7%D9%86-2/
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SUDAN
Since May 2015
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Nationality/residency requirement for directors or managers
Companies Act 2015
According to Art. 39.2 of the Companies Act, at least one of the directors on the board of any company must be a resident of Sudan.
Coverage Horizontal
SUDAN
Since May 2021
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Investment (Encouragement) Act, 2021
Pursuant to Art. 22.1 of the Investment (Encouragement) Act, foreign investors are required to provide a minimum amount of foreign capital. Reports indicate that this amount must be no less than USD 250,000 or its equivalent in foreign currencies approved by the Central Bank of Sudan, as proof of commitment. It is anticipated that forthcoming regulations shall clarify the specific authority to which investors must remit this amount, as the New Investment Act does not currently stipulate this. The capital provided will be allocated to financing the respective project upon the issuance of the relevant license (Art. 22.2).
Coverage Horizontal
SUDAN
Since May 2015
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Commercial presence requirement for digital services providers
Companies Act 2015
According to Art. 33 of the Companies Act 2015, companies incorporated outside Sudan that wish to conduct business within the country must establish a branch in Sudan. Additionally, companies engaged in projects in Sudan are required to set up a branch specifically for the duration and purpose of the project (Art. 34).
Coverage Horizontal
SAO TOME AND PRINCIPE
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
São Tomé e Príncipe has not adopted national legislation based on the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signature.
Coverage Horizontal
SAO TOME AND PRINCIPE
Reported in 2022
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Self-certification for product safety
Supplier Declaration of Conformity allowed for foreign businesses
Self-certification is allowed in São Tomé e Príncipe for radio transmission, electromagnetic interference (EMI) or electromagnetic compatibility (EMC). São Tomé e Príncipe allows foreign companies to self-certify that they comply with these standards through a Supplier Declaration of Conformity (SDoC).
Coverage Electronic products
Sources
- https://web.archive.org/web/20230518055527/https://www.stp-press.st/2023/05/17/uit-vai-ajudar-sao-tome-e-principe-a-modernizar-os-servicos-das-telecomunicacoes/
- https://ager.st/images/Decreto_28_2011_Licenca_STPC.pdf
- https://ager.st/documentation/decreto_lei_3_2004.pdf
- https://web.archive.org/web/20231025063640/https://www.itu.int/en/membership/Documents/signatories-pp10.pdf
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SAO TOME AND PRINCIPE
N/A
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
São Tomé e Príncipe does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties. However, it is reported that the country applies informally a de minimis threshold of 29 USD.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230227012953/https://global-express.org/assets/files/GEA%20De%20Minimis%20Country%20information_4%20November%202021.pdf
- https://zhenhub.com/blog/customs-duty-de-minimis-import-duty-rates-by-country-2024/
- https://zhenhub.com/blog/customs-duty-de-minimis-values-by-country-2022/
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SAO TOME AND PRINCIPE
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
São Tomé e Príncipe lacks a comprehensive framework for consumer protection that applies to online transactions.
Coverage Horizontal