SAO TOME AND PRINCIPE
Since January 2020
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Copyright Treaty
WIPO Copyright Treaty
São Tomé e Príncipe has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
SAO TOME AND PRINCIPE
Since December 2001
Since February 2017
Since February 2017
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the application process for patents
Law No. 4/2001 on Industrial Property
Decree-Law No. 23/2016 - Intellectual Property Code (Decreto Lei Nº 23/2016 - Código de Propriedade Intelectual)
Decree-Law No. 23/2016 - Intellectual Property Code (Decreto Lei Nº 23/2016 - Código de Propriedade Intelectual)
Art. 28 of Law No. 4/2001 and Art. 3 of Decree-Law No. 23/2016 establish that legal and procedural actions related to industrial property can only be filed with the National Service of Intellectual Property and Quality of São Tomé e Príncipe (SENAPIQ-STP) and that natural or legal persons who are not established or domiciled in São Tomé e Príncipe must appoint an industrial property agent with residence in São Tomé e Príncipe to represent them. This is also applicable to the filing of patent applications.
Coverage Horizontal
SAO TOME AND PRINCIPE
Since April 1993
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Nationality/residency requirement for directors or managers
Law No. 2/93 - Press Law (Lei Nº 2/93 - Lei de Imprensa)
Art. 14 (1) of Law No. 2/93 requires that directors and managers of journalistic companies must be nationals or natural persons in full possession of their civil rights and resident in the country. This includes online newspapers. In fact, Art. 10 defines journalistic companies as those whose main purpose is the collection, processing and dissemination of news, comments and images intended for publication in the periodical press.
Coverage Online newspapers
SAO TOME AND PRINCIPE
Since November 2016
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Decree-Law No. 19/2016 - Investment Code (Decreto-Lei Nº 19/2016 - Código de Investimentos)
In accordance with Art. 27, 28 and 29 of Decree-Law No. 19/2016, all inbound investment proposals must be screened and approved by the applicable ministry for the economic sector in coordination with the Trade and Investment Promotion Agency (APCI). Following Art. 14, an investment proposal can be rejected if it threatens national security, public health, or ecological equilibrium, and if the proposal has a negative effect or insufficient contribution to country’s economy. The government encourages but does not require the hiring of the local workforce.
Coverage Horizontal
SAO TOME AND PRINCIPE
Since August 2009
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Law No. 8/2009 - Approves the Bidding and Public Procurement Regulations (Lei Nº 8/2009 - Aprova o Regulamento de Licitação e Contratações Públicas)
In international public tenders, Art. 43 of Law No. 8/2009 establishes the possibility of applying domestic preference margins up to 7.5% for works and up to 10% for goods and services produced in the São Tomé e Príncipe.
Coverage Horizontal
SAO TOME AND PRINCIPE
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
São Tomé e Príncipe is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status. In fact, São Tomé e Príncipe is not a member of the WTO, although it is an observer.
Coverage Horizontal
SAO TOME AND PRINCIPE
Since April 1993
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Law No. 2/93 - Press Law (Lei Nº 2/93 - Lei de Imprensa)
Art. 13 of Law No. 2/93 states that journalistic companies with a profit motive, based in the country and subject only to São Toméan law, may have foreign capital participation up to 25% and without voting rights. This includes online newspapers. In fact, Art. 10 defines journalistic companies as those whose main purpose is the collection, processing and dissemination of news, comments and images intended for publication in the periodical press.
Coverage Online newspapers
SAO TOME AND PRINCIPE
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA I) and in ITA Expansion Agreement (ITA II)
São Tomé e Príncipe is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA I) nor the 2015 expansion (ITA II). In fact, São Tomé e Príncipe is not a member of the WTO, although it is an observer.
Coverage ICT goods
SAO TOME AND PRINCIPE
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Effective tariff rate to ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
10.24%
Coverage rate of zero-tariffs on ICT goods (%)
0%
Coverage: Digital goods
DJIBOUTI
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
Lack of adoption of the UNCITRAL Model Law on Electronic Commerce
Djibouti 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
DJIBOUTI
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
Lack of adoption of the UNCITRAL Model Law on Electronic Signatures
Djibouti 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
DJIBOUTI
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention of Electronic Communications
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Djibouti has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
DJIBOUTI
Since December 2008
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Law No. 28/AN/08/6th L on Protection, Suppression of Fraud and Consumer Protection (Loi N° 28/AN/08/6ème L portant sur la protection, la répression de la fraude et la protection du consommateur)
Law No. 28/AN/08/6th L on Protection, Suppression of Fraud and Consumer Protection provides a comprehensive framework for consumer protection that also applies to online transactions. Art. 2 provides the scope of the Law to apply to all production, distribution and service activities. This law was incorporated into the legal corpus of the Djibouti Commercial Code of 2012.
Coverage Horizontal
DJIBOUTI
Since July 2016
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
Act No. 118/An/15/7Th Establishing A National Payment System, Its Regulation And Monitoring (Loi N° 118/AN/15/7ème L portant création d'un Système de Paiement National, sa Réglementation et sa Surveillance)
Art. 9 of Act No. 118/An/15/7Th prohibits anyone from offering payment services (which includes electronic payments) or managing a system unless duly authorized to do so by the Central Bank. The Central Bank also has the powers to suspend or revoke the licence under certain circumstances. Art. 81 stipulates additional requirements for e-payment applicants.
Coverage Electronic payment services
DJIBOUTI
Reported in 2021
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Djibouti 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 there is an informal arrangement of a de minimis of USD 100.
Coverage Horizontal