DJIBOUTI
Since October 2004
Pillar Telecom infrastructure & competition |
Indicator Licensing 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
Since 1994
Pillar Telecom infrastructure & competition |
Indicator Signature of the 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 February 2020
Pillar Telecom infrastructure & competition |
Indicator 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
Sources
- https://web.archive.org/web/20241204203031/https://www.global-regulation.com/translation/djibouti/134276941/act-no.-74-an-20-8th-creating-the-multisectoral-regulatory-authority-of-jibuti-%2528armd%252...
- https://web.archive.org/web/20251128203712/https://www.armd.dj/storage/juridiques/June2023/Ib9ZJbFO9u0RBPJH0qlj.pdf
DJIBOUTI
N/A
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
It is reported that Djibouti has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
DJIBOUTI
N/A
Pillar Domestic data policies |
Indicator Framework for data protection
Lack of comprehensive legal framework for data protection
Djibouti does not have a comprehensive regime in place for all personal data, but Art. 13 of the Constitution protects the secrecy of correspondence and all other means of communication.
Coverage Horizontal
DJIBOUTI
Since September 2016
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Djibouti is a party in the Patent Cooperation Treaty (PCT).
Coverage Horizontal
DJIBOUTI
Since July 2006
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Law No. 154/AN/06 of 23 July, 2006, on the Protection of Copyright and Neighboring Rights (Loi No. 154/AN/06 du 23 juillet 2006 Relative à la Protection du Droit d'Auteur et du Droit Voisin)
Djibouti has a copyright regime under the Law No. 154/AN/06. However, the exceptions do not follow the fair use or fair dealing model, limiting the lawful use of copyrighted work by others. Art. 54 lists the exceptions, which include (a) the reproduction, translation, adaptation, arrangement or other transformation of such work exclusively for the producer’s own personal or private use; (b) the inclusion of non substantial quotations from another work; (c) the use of the work by way of illustration in publications, broadcasts or sound or visual recordings for teaching to the extent justified by the intended purpose; (d) the public performance of a work; (e) the reproduction by a photographic or similar process by public libraries or noncommercial documentation centres; (f) the reproduction in the press or the communication to the public; (g) for the purpose of reporting on current events by means of photography, cinematography, broadcast or communication by wire to the public; (h) the production of a copy or adaptation of software by the legitimate owner, provided it is necessary for archiving and to replace the legally held copy in the event of it being lost or necessary for using the computer program for which it was created.
Coverage Horizontal
DJIBOUTI
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Djibouti has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
DJIBOUTI
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Djibouti has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
DJIBOUTI
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator 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
Reported in 2007, last reported in 2024
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
It is reported that there is no regulatory obligation for the sharing of passive infrastructure in Djibouti for the provision of telecommunications services to end-users, and such sharing is not practised in either the mobile or fixed sectors.
Coverage Telecommunications sector
DJIBOUTI
Since March 1998
Pillar Telecom infrastructure & competition |
Indicator 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 2006, last reported in 2025
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The Government holds equity in Djibouti Telecom, the state-owned enterprise that operates as the monopoly provider of telecommunications services. The company is wholly owned by the Fonds Souverain de Djibouti (FSD), the national sovereign wealth fund. In 2021, the Government reportedly announced its intention to attract a strategic investor to acquire up to a 49% stake in Djibouti Telecom. To date, this initiative has not yielded any tangible results.
Coverage Telecommunications sector
DJIBOUTI
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the 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)
Djibouti is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA I) nor the 2015 expansion (ITA II).
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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DJIBOUTI
Since July 2009
Pillar Public procurement of ICT goods and online services |
Indicator 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
