DJIBOUTI
Since August 2012, last amended in April 2019
Pillar Online sales and transactions |
Sub-pillar Licensing scheme for e-commerce providers
Commercial Code of the Republic of Djibouti (Code de commerce de la République de Djibouti)
Art. L.1211-6 of the Commercial Code provides that any legal entity whose head office is located abroad and which undertakes a commercial activity in the Republic of Djibouti must, within one month from the start of this activity, require the registration of a branch in Republic of Djibouti. This request is to be filed with the registry responsible for maintaining the Register of Commerce and Companies. The Code defines commercial activity to include e-commerce.
Coverage Horizontal
DJIBOUTI
Since January 2021
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Self-certification for product safety
Law No. 100/An/20/8Th L Bearing Creation Of The Djiboutian Agency Of Standards And Quality (Loi N° 100/AN/20/8ème L portantes création de l'Agence Djiboutienne des Normes et de la Qualité)
Art. 1 of Law No. 100/An/20/8Th L establishes the Djibouti Standards and Quality Agency (ADN), which ensures the development and approval of standards, the management of metrology-related matters, and the assessment of conformity to standards. However, it is reported that the ADN is not yet operational. In practice, the Sub-Directorate of Quality Control and Standards controls conformity in conjunction with the laboratory of the Djibouti Study and Research Centre (CERD) and issues marketing licences and certificates of conformity with Djiboutian technical regulations for the products concerned, following analyses carried out by CERD.
Coverage Horizontal
DJIBOUTI
Since August 2012, last amended in April 2019
Pillar Quantitative trade restrictions for ICT goods, products and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Commercial Code of the Republic of Djibouti (Code de commerce de la République de Djibouti)
According to Art. L.1211-16 of the Commercial Code, any natural or legal person (of Djiboutian or foreign nationality) wishing to undertake commercial activities, including imports, is subject to registration in the Register of Commerce, and must register with the Directorate-General of Taxation to obtain an importer's licence.
In addition, Art. 196 provides for the conditions for the issuance or renewal of any import license which must be subject to the production of the relevant proof of insurance document.
In addition, Art. 196 provides for the conditions for the issuance or renewal of any import license which must be subject to the production of the relevant proof of insurance document.
Coverage Horizontal
DJIBOUTI
Reported in 2022
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Licensing schemes for online services
It is reported that the government requires that independent news and entertainment platforms receive a special license from the Ministry of Communication and that this procedure makes the usage of social media difficult. It is also reported that the National Communication Commission, a branch of the Ministry of Communication, issues licenses to operate social media accounts and that it is selective in granting such licences.
Coverage Media sector, entertainment platforms, and social media
DJIBOUTI
N/A
Pillar Quantitative trade restrictions for ICT goods, products and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Authorization for import
It is reported that Djibouti has in place import restrictions on transceiver devices which require authorization from the Ministry of Communication in charge of Posts and Telecommunications. A transceiver is a combination transmitter/receiver in a single package. While the term typically applies to wireless communications devices, it can also be used for transmitter/receiver devices in cable or optical fiber systems. For fiber optic transceivers, the most widely used HS Code is 851762, falling under “Machines for the reception, conversion and transmission or regeneration of voice, image or other data, including switching and routing apparatus”, a code included in the original Information Technology Agreement.
Coverage Transceiver
Sources
- http://www.douanes.dj/images/BROCHURE_DJIBOUTI_voyageurs.pdf
- https://www.womenconnect.org/web/djibouti/import-licences
- https://www.techtarget.com/searchnetworking/definition/transceiver#:~:text=A%20transceiver%20is%20a%20combination,cable%20or%20optical%20fiber%20systems.
- https://vitextech.com/harmonized-system-codes/
- https://itif.org/publications/2023/09/11/how-expanding-the-information-technology-agreement-to-an-ita-3-would-bolster-nations-economic-growth/
- https://ustr.gov/sites/default/files/ITA-expansion-product-list-2015.pdf
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DJIBOUTI
Reported in 2023
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Blocking of commercial web content
It is reported that Djibouti’s La Voix de Djibouti (LVD) has its website blocked. Moreover, access to some social media has been restricted.
Coverage La Voix de Djibouti, social media
DJIBOUTI
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 Djibouti. 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
DJIBOUTI
Reported in 2014
Pillar Content access |
Sub-pillar Restrictions on online advertising
Restrictions to online advertising
It is reported that all government advertising is carried by the state-controlled media because there is no effective regulation governing the use of advertising in the media.
Coverage Horizontal
DJIBOUTI
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbor 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 Djibouti's law and jurisprudence.
Coverage Internet intermediaries
DJIBOUTI
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbor 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 Djibouti's law and jurisprudence.
Coverage Internet intermediaries
DJIBOUTI
Reported in 2023
Pillar Intermediary liability |
Sub-pillar User identity requirement
Identity requirement for SIM cards
It is reported that passport registration is required when buying a SIM card in Djibouti, a copy is taken in the shop.
Coverage Telecommunications sector
DJIBOUTI
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
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 |
Sub-pillar 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 February 2020
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of independent telecom authority
Law No. 074/AN/20/8ème L establishing the Multisectoral Regulatory Authority of Djibouti (ARMD) (Loi N° 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
DJIBOUTI
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional and accounting separation for dominant network operators
A general requirement for accounting and functional separation for dominant network operators has not been found in the law. Yet, some requirements apply to Djibouti Telecom, which benefits from an exclusive licence and, as of 2023, has a monopoly on national and international telecommunications throughout the country.. According to Art. 68 of Law No. 80/AN/04/5th L, the Regulatory Agency may open up the provision of telecommunications services to competition in certain markets and localities, where Djibouti Telecom may only operate through subsidiaries. In this case, pursuant to Art. 70, relations between the operator and its subsidiaries are governed by the principle of financial and accounting separation.
Coverage Telecommunications sector
Sources
- https://datahub.itu.int/data/?i=100047&e=DJI&s=8421
- 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-Communication.pdf
- https://international.djiboutitelecom.dj/company-history-milestones/
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