GUINEA
Since September 2022
Pillar Foreign Direct Investment in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Law L/2022/0010/CNT of 22 September 2022, on Local Content of the Republic of Guinea (Loi L/2022/0010/CNT du 22 septembre 2022 Portant Contenu Local de la République de Guinée)
Art. 12.2 of Law L/2022/0010/CNT provides that in order to encourage the development of the local industrial fabric, operators and local companies linked by a co-contracting agreement negotiate technological and industrial partnerships. The partnerships must include technology transfer and technical assistance clauses for the benefit of the local co-contracting company. The minimum content of these partnership clauses is determined by decree. Yet, the implementing decrees are not yet available.
Operator refers either to the company in charge of carrying out public projects, or to investors in private sector projects covered by the investment code, or to companies working on their behalf, regardless of the sector.
Operator refers either to the company in charge of carrying out public projects, or to investors in private sector projects covered by the investment code, or to companies working on their behalf, regardless of the sector.
Coverage Horizontal
GUINEA
Since February 1999, entry into force in February 2002, last amended in December 2015
Since December 2019, entry into force in March 2020
Since December 2019, entry into force in March 2020
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the application process for patents
Bangui Agreement Relating to the Creation of an African Intellectual Property Organization, Constituting a Revision of the Agreement Relating to the Creation of an African and Malagasy Office of Industrial Property (Bangui (Central African Republic), 2 March 1977) (Accord de Bangui relatif à la création d'une Organisation Africaine de la Propriété Intellectuelle, constituant révision de l'Accord relatif à la création d'un Office Africain et Malgache de la Propriété Industrielle (Bangui (République centrafricaine), le 2 mars 1977)
Regulations on the profession of Authorised Agent before the African Intellectual Property Organisation (Règlement sur la profession de Mandataire agréé auprès de l'Organisation Africaine de la Propriété Intellectuelle)
Regulations on the profession of Authorised Agent before the African Intellectual Property Organisation (Règlement sur la profession de Mandataire agréé auprès de l'Organisation Africaine de la Propriété Intellectuelle)
According to the Bangui Agreement, ratified by 17 French-speaking States, including Guinea, applicants resident outside the territory of the member States must file through an agent selected in one of those member States (Section III, Art. 8). The professional status of agent accredited to the African Intellectual Property Organisation (OAPI) is governed by the Regulations on the Profession of Authorised Agent before the OAPI.
Coverage Horizontal
GUINEA
Since September 2022
Pillar Foreign Direct Investment in sectors relevant to digital trade |
Sub-pillar Nationality/residency requirement for directors or managers
Law L/2022/0010/CNT of 22 September 2022, on Local Content of the Republic of Guinea (Loi L/2022/0010/CNT du 22 septembre 2022 Portant Contenu Local de la République de Guinée)
Art. 14 of Law L/2022/0010/CNT provides that operators or companies working on their behalf are obliged to employ Guinean personnel in accordance with the following minimum quota by category:
- Executives: 30% of staff, including the human resources manager, from the start of operations; 40% of staff, from the fourth year of operation; 50% of staff, from the seventh year of operation.
- Management staff: 25% of staff, from the start of operations; 40% of staff, from the fourth year of operation; 70% of staff, from the seventh year of operation.
In the event that it is duly established by the operator, by means of documents or detailed reports sent to the Autorité de Régulation et de Contrôle du Contenu Local (ARCCL), that the above quotas cannot be met at these various stages, due to a lack of expertise or availability, the operator shall draw up a detailed training programme and a timetable for the gradual replacement of foreign staff by nationals.
Operator refers either to the company in charge of carrying out public projects, or to investors in private sector projects covered by the investment code, or to companies working on their behalf, regardless of the sector.
- Executives: 30% of staff, including the human resources manager, from the start of operations; 40% of staff, from the fourth year of operation; 50% of staff, from the seventh year of operation.
- Management staff: 25% of staff, from the start of operations; 40% of staff, from the fourth year of operation; 70% of staff, from the seventh year of operation.
In the event that it is duly established by the operator, by means of documents or detailed reports sent to the Autorité de Régulation et de Contrôle du Contenu Local (ARCCL), that the above quotas cannot be met at these various stages, due to a lack of expertise or availability, the operator shall draw up a detailed training programme and a timetable for the gradual replacement of foreign staff by nationals.
Operator refers either to the company in charge of carrying out public projects, or to investors in private sector projects covered by the investment code, or to companies working on their behalf, regardless of the sector.
Coverage Horizontal
GUINEA
Since May 2015
Pillar Foreign Direct Investment in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Law 2015/No.008/AN of 25 May 2015, regarding the investment code of the Republic of Guinea (Loi 2015/N°008/AN du 25 mai 2015 portant code des investissements en République de Guinée)
According to Art. 5 of Law 2015/No.008/AN, natural or legal persons of private law, regardless of their nationality, may not undertake some activities on Guinean territory without authorization. The sectors include postal and telecommunications services.
Coverage Postal sector and telecommunications sector
GUINEA
Since September 2022
Pillar Foreign Direct Investment in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Law L/2022/0010/CNT of 22 September 2022, on Local Content of the Republic of Guinea (Loi L/2022/0010/CNT du 22 septembre 2022 Portant Contenu Local de la République de Guinée)
Art. 18 of Law L/2022/0010/CNT provides that before commencing their activities, operators shall draw up an overall local content plan, including, among other information and documents, the percentage of turnover that will be devoted to community, social and educational projects for the populations in the basin concerned by the project. This plan is subject to approval by the Autorité de Régulation et de Contrôle du Contenu Local (ARCCL), under conditions determined by decree. Yet, the implementing decrees are not yet available, therefore Art. 18 is not yet applicable..
Operator refers either to the company in charge of carrying out public projects, or to investors in private sector projects covered by the investment code, or to companies working on their behalf, regardless of the sector.
Art. 17 further specifies that the ARCCL issues a certificate of compliance to operators who meet the local content local content requirements. The certificate of compliance referred to in this article is taken into account in the assessment of performance of operators. However, this article cannot be applicable without the implementing decrees.
Operator refers either to the company in charge of carrying out public projects, or to investors in private sector projects covered by the investment code, or to companies working on their behalf, regardless of the sector.
Art. 17 further specifies that the ARCCL issues a certificate of compliance to operators who meet the local content local content requirements. The certificate of compliance referred to in this article is taken into account in the assessment of performance of operators. However, this article cannot be applicable without the implementing decrees.
Coverage Horizontal
GUINEA
Since September 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Law L/2022/0010/CNT of 22 September 2022, on Local Content of the Republic of Guinea (Loi L/2022/0010/CNT du 22 septembre 2022 Portant Contenu Local de la République de Guinée)
Art. 12.1 of Law L/2022/0010/CNT provides that operators, within the framework of public procurement contracts, systematically set up co-contracting arrangements with local companies. Under this co-contracting arrangement, the local company must be responsible for at least 40% of the volume of services to be carried out, in particular the technical feasibility studies for the project, the environmental and social impact studies, the execution studies and the project implementation work. Co-contracting refers to the situation in which two or more companies form a temporary consortium with the aim of maintaining legal, economic and financial links between them for the joint completion of a project.
Art. 12.4 further specifies that in all projects where the amount of investment is equal to or greater than the thresholds defined by decree, and involving in particular the production of a good or the provision of a service with a high technological value, the co-contracting arrangement put in place must provide for the creation of an industrial production or processing unit, depending on the sector to which the project concerned relates. At least 34% of the capital of this company must be open to local industrialists. The terms and conditions for the creation of these local industrial units, as well as the specific advantages granted to operators, are to be specified by decree.
In addition, Art. 13 provides that operators under public procurement contracts systematically subcontract part of the services to local companies. As part of this subcontracting, the local company is responsible for at least 40% of the volume of services to be carried out, in particular the technical feasibility studies for the project, the environmental and social impact studies, the execution studies and the project implementation work. The implementing decrees are not yet available.
As the implementing decrees are not yet available, it is not clear when any of the scenarios presented above applies.
Art. 12.4 further specifies that in all projects where the amount of investment is equal to or greater than the thresholds defined by decree, and involving in particular the production of a good or the provision of a service with a high technological value, the co-contracting arrangement put in place must provide for the creation of an industrial production or processing unit, depending on the sector to which the project concerned relates. At least 34% of the capital of this company must be open to local industrialists. The terms and conditions for the creation of these local industrial units, as well as the specific advantages granted to operators, are to be specified by decree.
In addition, Art. 13 provides that operators under public procurement contracts systematically subcontract part of the services to local companies. As part of this subcontracting, the local company is responsible for at least 40% of the volume of services to be carried out, in particular the technical feasibility studies for the project, the environmental and social impact studies, the execution studies and the project implementation work. The implementing decrees are not yet available.
As the implementing decrees are not yet available, it is not clear when any of the scenarios presented above applies.
Coverage Horizontal
GUINEA
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Guinea is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal
GUINEA
Since June 2010
Pillar Foreign Direct Investment in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Law No. L/2010/02/CNT of 22 June 2010 on Freedom of the Press (Loi Organique L/2010/02/CNT DU 22 JUIN 2010 Portant sur la Liberté de la Presse Organic)
According to Art. 69 of the Law No. L/2010/02/CNT, subject to a reciprocity clause in the press sector, foreigners may not make an acquisition which has the effect of increasing, directly or indirectly, their holding to more than 30% of the share capital or voting rights of a press company (including online press) in the Republic of Guinea.
Coverage Online press
GUINEA
Since December 2019
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Decree No. D/333/PRG/SGG of 17 December 2019 establishing the Public Procurement Code (Décret N° D/333/PRG/SGG du 17 décembre 2019 portant code des marchés publiques)
Art. 79 of Decree No. D/333/PRG/SGG provides that temporary groupings of foreign operators concluded with Guinean individuals or legal entities may benefit from national preference if their offer meets conditions mentioned in the article and if it provides that a significant part of the contract is entrusted to a small or medium-sized national company either through co-contracting or subcontracting, or if a minimum number of key national experts is proposed.
Coverage Horizontal
GUINEA
Since September 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Law L/2022/0010/CNT of 22 September 2022, on Local Content of the Republic of Guinea (Loi L/2022/0010/CNT du 22 septembre 2022 Portant Contenu Local de la République de Guinée)
Art. 22 of Law L/2022/0010/CNT provides that without prejudice to provisions more favourable to the access of local businesses to public contracts, preference is given to a tender that complies with the tender or consultation documents submitted by a local business if that tender is for a higher amount than the lowest evaluated compliant offer from a tenderer who is not a local company and falls within a margin of preference. Such a percentage is at least 10% for works and 15% for supplies and services. The national preference is quantified in the tender or consultation documents as a percentage of the amount of the tender.
Contracts for temporary groupings of foreign operators, concluded with Guinean natural or legal persons, also benefit from this national preference, provided that 40% of the services are entrusted to a small or medium-sized local company, either as a co-contractor or sub-contractor, or that a minimum number of key national experts is proposed.
The implementing decrees are not yet available.
Contracts for temporary groupings of foreign operators, concluded with Guinean natural or legal persons, also benefit from this national preference, provided that 40% of the services are entrusted to a small or medium-sized local company, either as a co-contractor or sub-contractor, or that a minimum number of key national experts is proposed.
The implementing decrees are not yet available.
Coverage Horizontal
GUINEA
Since September 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Law L/2022/0010/CNT of 22 September 2022, on Local Content of the Republic of Guinea (Loi L/2022/0010/CNT du 22 septembre 2022 Portant Contenu Local de la République de Guinée)
Art. 8 of Law L/2022/0010/CNTA obliges economic operators to source Guinean goods and services as part of their activities in the Republic of Guinea, in accordance with a list of goods and services drawn up by order of the Ministry responsible for the private sector. Each year, operators must send the Ministry responsible for local content and the Autorité de Régulation et de Contrôle du Contenu Local (ARCCL) a list of their suppliers of goods and their providers of services. All companies, whether local or foreign, regardless of their sector of activity, are subject to the provisions of Art. 8, with the exception of local micro, small and medium-sized enterprises (MSMEs). Operator refers either to the company in charge of carrying out public projects, or to investors in private sector projects covered by the investment code, or to companies working on their behalf, regardless of the sector.
Art. 11 further specifies that in the event that the supply of local goods or services proves impossible due to unavailability or insufficiency, operators subject to local content are authorised, on the favourable opinion of the ARCCL, in conjunction with the ministry in charge of the private sector, to obtain supplies on the external market.
Art. 11 further specifies that in the event that the supply of local goods or services proves impossible due to unavailability or insufficiency, operators subject to local content are authorised, on the favourable opinion of the ARCCL, in conjunction with the ministry in charge of the private sector, to obtain supplies on the external market.
Coverage Horizontal
GUINEA
Since September 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Law L/2022/0010/CNT of 22 September 2022, on Local Content of the Republic of Guinea (Loi L/2022/0010/CNT du 22 septembre 2022 Portant Contenu Local de la République de Guinée)
Art. 14 of Law L/2022/0010/CNT provides that operators or companies working on their behalf are obliged to employ Guinean personnel in accordance with the following minimum quota by category:
- Executives: 30% of staff, including the human resources manager, from the start of operations; 40% of staff, from the fourth year of operation; 50% of staff, from the seventh year of operation.
- Management staff: 25% of staff, from the start of operations; 40% of staff, from the fourth year of operation; 70% of staff, from the seventh year of operation.
- Skilled workers: 50% of staff, from the start of operations; 70% of staff, from the fourth year of operation; 85% of staff, from the seventh year of operation.
- Unskilled workers: 100% of staff, from the start of operations.
In the event that it is duly established by the operator, by means of documents or detailed reports sent to the Autorité de Régulation et de Contrôle du Contenu Local (ARCCL), that the above quotas cannot be met at these various stages, due to a lack of expertise or availability, the operator shall draw up a detailed training programme and a timetable for the gradual replacement of foreign staff by nationals.
Operator refers either to the company in charge of carrying out public projects, or to investors in private sector projects covered by the investment code, or to companies working on their behalf, regardless of the sector.
- Executives: 30% of staff, including the human resources manager, from the start of operations; 40% of staff, from the fourth year of operation; 50% of staff, from the seventh year of operation.
- Management staff: 25% of staff, from the start of operations; 40% of staff, from the fourth year of operation; 70% of staff, from the seventh year of operation.
- Skilled workers: 50% of staff, from the start of operations; 70% of staff, from the fourth year of operation; 85% of staff, from the seventh year of operation.
- Unskilled workers: 100% of staff, from the start of operations.
In the event that it is duly established by the operator, by means of documents or detailed reports sent to the Autorité de Régulation et de Contrôle du Contenu Local (ARCCL), that the above quotas cannot be met at these various stages, due to a lack of expertise or availability, the operator shall draw up a detailed training programme and a timetable for the gradual replacement of foreign staff by nationals.
Operator refers either to the company in charge of carrying out public projects, or to investors in private sector projects covered by the investment code, or to companies working on their behalf, regardless of the sector.
Coverage Horizontal
GUINEA
Since September 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Law L/2022/0010/CNT of 22 September 2022, on Local Content of the Republic of Guinea (Loi L/2022/0010/CNT du 22 septembre 2022 Portant Contenu Local de la République de Guinée)
Art. 12.2 of Law L/2022/0010/CNT provides that in order to encourage the development of the local industrial fabric, operators and local companies linked by a co-contracting agreement negotiate technological and industrial partnerships. The partnerships must include technology transfer and technical assistance clauses for the benefit of the local co-contracting company. The minimum content of these partnership clauses is determined by decree. Yet, the implementing decrees are not yet available.
Operator refers either to the company in charge of carrying out public projects, or to investors in private sector projects covered by the investment code, or to companies working on their behalf, regardless of the sector.
Operator refers either to the company in charge of carrying out public projects, or to investors in private sector projects covered by the investment code, or to companies working on their behalf, regardless of the sector.
Coverage Horizontal
GUINEA
Since September 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Law L/2022/0010/CNT of 22 September 2022, on Local Content of the Republic of Guinea (Loi L/2022/0010/CNT du 22 septembre 2022 Portant Contenu Local de la République de Guinée)
Art. 13.2 of Law L/2022/0010/CNT mandates technology and knowledge transfer to local subcontractors. According to Art. 13.2.1, specifically in structuring projects, the contracting authorities must ensure the effective transfer of technology and knowledge to local companies. Art. 13.2.4 provides that, prior to the implementation of its project, the operator submits to the Autorité de Régulation et de Contrôle du Contenu Local (ARCCL) and the contracting authority a technology transfer programme for the benefit of local companies. This programme is specified in the contractual documents, in the specifications, and in any reference document concerning the project or the investment programme.
Operator refers either to the company in charge of carrying out public projects, or to investors in private sector projects covered by the investment code, or to companies working on their behalf, regardless of the sector.
Art. 13.2.3 further specifies that in the event that the technology used or developed by the operator is covered by a patent, the competent authority will define the terms and conditions to encourage technology transfer.
Operator refers either to the company in charge of carrying out public projects, or to investors in private sector projects covered by the investment code, or to companies working on their behalf, regardless of the sector.
Art. 13.2.3 further specifies that in the event that the technology used or developed by the operator is covered by a patent, the competent authority will define the terms and conditions to encourage technology transfer.
Coverage Horizontal
GUINEA
Since December 2019
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Decree No. D/333/PRG/SGG of 17 December 2019 establishing the Public Procurement Code (Décret N° D/333/PRG/SGG du 17 décembre 2019 portant code des marchés publiques)
According to Art. 78 of Decree No. D/333/PRG/SGG, during public procurement procedures and in order to promote the participation of national companies, preference is given to the bid that complies with the tender or consultation documents submitted by a domestic bidder if, furthermore, this bid has a higher amount than the closest evaluated bid submitted by a non-national company and falls within the margin of preference as defined in Art. 79. This article specifies that the percentage of national preference should not exceed 7% for works and 15% for supplies and services.
The national preference regime can, however, only be granted under the following conditions:
- Regarding consulting and engineering firms, 30% of inputs must be from the Economic Community of West African States (ECOWAS Community) and 50% of managers and employees must be nationals;
- For consultancies, national participation must be more than 50% of the study;
- For suppliers of goods in Guinea, 30% of the added value of a manufactured good must be of Guinean origin;
- For the supply of imported goods, the supplier must have Guinean nationality.
For legal entities, there are additional conditions:
- the majority of the capital of the legal entity must be held by nationals;
- the management body must be controlled by Guinean nationals.
The national preference regime can, however, only be granted under the following conditions:
- Regarding consulting and engineering firms, 30% of inputs must be from the Economic Community of West African States (ECOWAS Community) and 50% of managers and employees must be nationals;
- For consultancies, national participation must be more than 50% of the study;
- For suppliers of goods in Guinea, 30% of the added value of a manufactured good must be of Guinean origin;
- For the supply of imported goods, the supplier must have Guinean nationality.
For legal entities, there are additional conditions:
- the majority of the capital of the legal entity must be held by nationals;
- the management body must be controlled by Guinean nationals.
Coverage Horizontal