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CHAD

Reported in 2018

Pillar Telecom infrastructure & competition  |  Sub-pillar Other restrictions to operate in the telecom market
Strict licence conditions
Airtel Chad and Tigo Chad have stated that they were obliged to comply with orders from the government to shut down the internet and limit access to social media in certain regions of the country for a period of 16 months. The operators stated that this obligation emanated from their license conditions with the ARCEP (the regulatory authority for electronic communications and postal services), which require them to cooperate with government authorities and, if necessary, restrict access to the networks in the interest of national security. The text of the agreements is not publicly available.
Coverage Telecommunications sector

CHAD

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Signature of the World Trade Organization (WTO) Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Chad has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

CHAD

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of an independent telecom authority
Lack of independent telecom authority
Chad has a telecommunications authority: Electronic Communications and Postal Regulatory Authority (ARCEP). However, it is reported that this entity is not fully independent.
Coverage Telecommunications sector
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'TD')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"62853"},{"post_id":"62854"},{"post_id":"62855"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'TD')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'TD')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"1.00"}]

CHAD

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%
Coverage rate of zero-tariffs on ICT goods (%)
0.15%
Coverage: Digital goods

CHAD

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 Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Chad is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods

CHAD

Since May 2020

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Decree No. 002130/PR/2020 on the Code of Public Procurement (Décret No. 002130/PR/2020 Portant Code des Marchés Publics)
According to Art. 80 of the Code of Public Procurement, the procurement entities may decide when preparing the international tender dossier to give preference to the bidders mentioned below, provided that their offer is deemed to conform to that of the highest bidder and that the price offered is not more than 15% higher than that offered by the latter. This preference can be given:
- To craftsmen and business leaders of Chadian nationality, individually or in groups;
- To companies whose majority of the share capital belongs either to natural persons of Chadian nationality or to legal persons governed by Chadian law whose majority of the capital is held by natural persons of Chadian nationality."
According to Art. 126 of the Code: "When awarding a contract (...) priority is given to the economically and technically most advantageous tender according to the evaluation criteria fixed in the consultation file, to the submission presented by:
- A natural person of Chadian nationality or a legal person under Chadian law;
- A natural person or a legal person justifying an economic activity in the National Territory;
- Business groups associating with Chadian companies or providing for significant subcontracting to nationals.
Coverage Horizontal

CHAD

Reported in 2017, last reported in 2023

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Reported corruption in public procurement
It has been reported that government procurement in Chad is particularly susceptible to corruption. For example, one-third of companies surveyed by the World Bank in 2017 indicated that "gifts" were expected for a company to win a public contract.
Coverage Horizontal

CHAD

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

CHAD

Since January 2008, entry into force in December 2008

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Law No. 006/PR/2008 Instituting the Investment Charter of the Republic of Chad (Loi No. 006/PR/2008 Instituant la Charte des Investissements de la République du Tchad)
Law No. 006/PR/2008 defines the regulation of foreign investment in Chad. It has been reported that certain sectors are closed or restricted de facto under this legislation. These include fixed telephony services, which are reserved for state enterprises. It is also reported that the only limit on foreign control is on ownership of companies deemed related to national security. Art. 11 stipulates that private investments are permitted in Chad, subject to specific provisions designed to ensure that the State's economic and social policy is respected, particularly regarding the protection of health, safety and public hygiene, social protection and environmental protection.
Coverage Fixed telephony services

BAHRAIN

Since October 2015
Since 2016

Pillar Online sales and transactions  |  Sub-pillar Licensing scheme for e-commerce providers
Legislative Decree No. 27 of 2015 on the Commercial Register
((مرسوم بقانون رقم )27( لسنة 2015 بشأن السجل التجاري))

"Resolution No. 152/2016 Allowing the Pursuit of Commercial Activities Virtually
(وعلى القرار رقم (152) لسنة 2016 بشأن السماح بمزاولة أنشطة تجارية من خلال محل تجاري افتراضي،)"
The Legislative Decree No. 27 generally applies to all businesses carrying out commercial activities in Bahrain, including branches of foreign companies. According to Arts. 8-9 of the Decree, all businesses are required to be registered with the Ministry of Industry and Commerce (MOIC) and appropriately licensed by the relevant regulated body to carry out particular activities. The government's websites report that these activities include the operations of e-marketplaces (ISIC activity 6312) and retail sales via the internet (ISIC activity 4791).
This is also confirmed by Resolution No. 152/2016, which imposes a licensing requirement for the operation of eMarketplaces, defined as online marketplaces where products of other licensed businesses are displayed, listed, or advertised (i.e. the products are not owned by the commercial registration owner of the eMarketplace).
Coverage E-commerce sector

BAHRAIN

Reported in 2021, last reported in 2023

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
De minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 790, above the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

BAHRAIN

Since July 2012
Since November 2018

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Law No. 35 of 2012 with respect to Consumer Protection
(قانون رقم 35 لسنة 2012 بشأن حماية المستهلك)

Decree No. 54 of 2018 issuing the Law on Electronic Communications and Transactions
(مرسوم بقانون رقم 54 لسنة 2018 بإصدار قانون الخطابات والمعاملات الإلكترونية)
Bahrain has a legal framework that applies consumer protection to online transactions. Law No. 35 of 2012 on Consumer Protection governs consumer protection matters in general. In addition, Decree No. 54 of 2018, issuing the Law on Electronic Communications and Transactions, updates a repealed law and expands the range of transactions that may be carried out electronically. Under the the Decree electronic signatures are generally considered valid and binding under the law, but Bahraini authorities have yet to register accredited certification service providers.
Coverage Horizontal

BAHRAIN

Since June 2020, in force since January 2021

Pillar Online sales and transactions  |  Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
UN Convention on the Use of Electronic Communications in International Contracts
Bahrain has signed and ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

BAHRAIN

Since November 2018

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Bahrain has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

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