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CONGO

Since May 2009

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Decree No. 2009-156 Enacting the Government Procurement Code (Décret No. 2009-156 portant code des marchés publics)
Art. 62 of the Government Procurement Code permits the preferential treatment of Congolese businesses if provided for in the tender documents. It allows domestic bidders' offers to be reduced by up to 15%. In addition, as part of the evaluation of the tenders, bids from candidates based in the Economic and Monetary Community of Central Africa (CEMAC) zone have a 10-point advantage.
Coverage Horizontal

CONGO

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

CONGO

Since November 2001

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Law No. 8-2001 on Freedom of Information and Communication (Loi No. 8-2001 Sur la Liberté d'Information et de la Communication)
According to Art. 52 of Law No. 8-2001, when a press publishing company is incorporated, the majority of shares (that is 51%) are reserved for Congolese citizens. This applies also to online newspapers.
Coverage Newspapers, including online

CONGO

N/A

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Nationality/residency requirement for directors or managers
Residency requirement
It is reported that Congolese law requires foreign companies to hire a general manager who is a resident of the Republic of Congo. Establishing an office usually requires a local lawyer or a local representative of an international law firm to make sure that the company’s bylaws respect the Congolese standard business code.
Coverage Horizontal

CONGO

Since November 2001

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Nationality/residency requirement for directors or managers
Law No. 8-2001 on Freedom of Information and Communication (Loi No. 8-2001 Sur la Liberté d'Information et de la Communication)
Art. 38 of Law No. 8-2001 mandates a residency requirement for the publication director of the newspapers, also online.
Coverage Newspapers, including online

CONGO

N/A

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Minimum capital requirement to obtain a license
It is reported that different minimum capital requirements are established to obtain different types of telecom licenses:
- 10.000.000.000 F.CFA for 3G and 4G (approx. USD 15,196,000);
- 11.000.000.000 F.CFA for 2G (approx. USD 16,716,000).
Coverage Telecommunications sector

CONGO

Since February 1999, entry into force in February 2002, last amended in December 2015
Since December 2019, entry into force in March 2020

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the application process for patents
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)

Regulations on the profession of Authorised Agent before the African Intellectual Property Organization (Règlement sur la profession de Mandataire agréé auprès de l'organization Africaine de la Propriété Intellectuelle)
According to the Bangui Agreement, ratified by 17 French-speaking States, including the Republic of Congo, applicants resident outside the territory of the Member States must file through an agent selected in one of those Member States (Section III, Art. 8). The professional status of agent accredited to the African Intellectual Property Organization (OAPI) is governed by the Regulations on the profession of Authorised Agent before the OAPI.
Coverage Horizontal

CONGO

Since January 1978

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

CONGO

Since March 1977, as amended in December 2015, entry into force in November 2020
Since July 1982

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)

Law No. 24/82 of 7 July 1982 on Copyright and Neighbouring Rights (Loi No. 24/82 du 7 juillet 1982 sur le droit d'auteur et les droits voisins)
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 Congo 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, Art. 33 of Law No. 24/82 also provides for limitations on copyright.
Coverage Horizontal

COMOROS

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Comoros has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

COMOROS

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Comoros has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

COMOROS

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
Comoros has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

COMOROS

N/A

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Comoros does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties. However, there is reportedly an informal arrangement for a de minimis threshold of USD 116.
Coverage Horizontal

COMOROS

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
Comoros lacks a comprehensive framework for consumer protection that applies to online transactions.
Coverage Horizontal

COMOROS

N/A

Pillar Domestic data policies  |  Sub-pillar Framework for data protection
Lack of comprehensive legal framework for data protection
Comoros does not have a comprehensive regime of data protection in place.
Coverage Horizontal

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