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GUINEA-BISSAU

Since May 2010

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
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)
Art. 106 of Law No. 5/2010 provides that the Autoridade Reguladora Nacional (ARN, National Regulatory Authority) is responsible for determining the approval of equipment used in the provision of information and and communications services, to interconnect or operate telecommunications systems, and terminal equipment. The ARN's approval determinations may be conferred under the terms of this law, or in certificates granted by the ARN or by competent organisations authorised by the ARN. Terminal equipment intended to be connected to a network open to the public must be approved by the ARN. In any case, approval is always required in the case of radio installations, whether or not they are intended to be connected to a public network.
As the standards and technical regulations approved at the West African Economic and Monetary Union (WAEMU) level, as well as the community accreditation system, apply in Guinea-Bissau, the conformity of imported goods with technical regulations can be certified by an accredited laboratory, with a certificate of conformity mark as proof. The Scheme for the Harmonization of Accreditation, Certification, Standardization and Metrology Activities within WAEMU is based on the principle of mutual recognition among Member States at three levels: recognition of technical regulations, national standards and specifications, recognition of conformity assessment procedures and of their results. Support for achieving consistency of national regimes is provided by three technical structures, one of which is the West African Accreditation System (SOAC). The purpose of introducing the SOAC was to give Member States a single organization for accrediting conformity assessment bodies (laboratories, inspection bodies and certification bodies). The SOAC signed a Mutual Recognition Agreement with the African Accreditation Cooperation (AFRAC) and the International Laboratory Accreditation Cooperation (ILAC) in May 2022.
Coverage Telecommunications sector

GUINEA-BISSAU

Since May 2011

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Decree-Law No. 8/2011 (Decreto-Lei N. 8/2011)
Art. 9 of Decree-Law No. 8/2011 provides that import and 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 Import activities

GUINEA-BISSAU

Since May 2011

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Export restrictions on ICT goods or online services
Decree-Law No. 8/2011 (Decreto-Lei N. 8/2011)
Art. 9 of Decree-Law No. 8/2011 provides that import and 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

Reported in 2022

Pillar Content access  |  Sub-pillar Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "6.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 3 in Guinea-Bissau. This corresponds to "Rarely but there have been a few occasions throughout the year when the government shut down domestic access to Internet."
Coverage Horizontal

GUINEA-BISSAU

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

GUINEA-BISSAU

Since November 2013

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Decree No. 22/2013 of 13 November - Subscribers of Mobile Telecom Network Regulations (Decreto nr.22/2013 of 13 de Novembro - Regulamento para Identificação de Assinantes das Redes de Telecomunicações Móveis do País)
According to Arts. 3 and 5 of Decree No. 22/2013, anyone wishing to subscribe to a mobile cellular telecommunications services (including the acquisition of SIM cards) is obliged to identify themselves by registering their names and national identification numbers before the telecommunications operators.
Coverage Telecommunications sector

GUINEA-BISSAU

N/A

Pillar Intermediary liability  |  Sub-pillar 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 Domestic data policies  |  Sub-pillar 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 Cross-border data policies  |  Sub-pillar 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

Since May 2010

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of an independent telecom authority
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)
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 Telecom infrastructure & competition  |  Sub-pillar 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  |  Sub-pillar 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 November 2013

Pillar Telecom infrastructure & competition  |  Sub-pillar Passive infrastructure sharing obligation
Decree 21/2013 of 13 November - Regulation on obligation for passive infrastructure sharing (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 the 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  |  Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
Restriction on foreign private investment
Some activities are reportedly not open to domestic or foreign private investment in Guinea-Bissau, including fixed telephone services. 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

Since July 2004

Pillar Telecom infrastructure & competition  |  Sub-pillar 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 the state-owned telecom companies, which is still ongoing.
Coverage Telecommunications sector

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