GUINEA
Since June 2010
Pillar Foreign Direct Investment (FDI) 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
GUINEA
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) and in ITA Expansion Agreement (ITA II)
Guinea 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
GUINEA
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)
11.18%
Coverage rate of zero-tariffs on ICT goods (%)
2.35%
Coverage: Digital goods
ANGOLA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Angola 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
ANGOLA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Angola 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
ANGOLA
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
Angola has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
ANGOLA
N/A
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
Angola lacks a comprehensive framework for consumer protection that applies to online transactions.
Coverage Horizontal
ANGOLA
Since November 2019
Since December 2021
Since December 2021
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Presidential Legislative Decree No. 10/19 - Customs Tariffs Law (Decreto Legislativo Presidencial No. 10/19 Lei da Pauta Aduaneira)
Law No. 32/21 Angolan State Budget 2022 (Lei No. 32/21 Lei do Orçamento geral do Estado 2022)
Law No. 32/21 Angolan State Budget 2022 (Lei No. 32/21 Lei do Orçamento geral do Estado 2022)
Presidential Legislative Decree No. 10/19, also known as the Customs Tariffs Law, specifies in Art. 13 the eligibility criteria for personal goods shipped through Postal Services that are exempt from tariffs under certain circumstances. It states that goods for personal use sent through the post office, through courier or express cargo operators are exempt from the dispatch procedure and payment of customs duties as long as they cumulatively are below the limit per traveler's remittance, set at 2,640 Fiscal Correction Unit (UCF), the equivalent of 232,320 kwanzas (approximately USD 200). More recently, Art. 15 of Law No. 31/21 introduces changes to the Custom Tariffs Law and the threshold for personal goods was raised to 1.000.000 Kwanzas (approximately USD 1,200).
Coverage Horizontal
Sources
- https://www.ucm.minfin.gov.ao/cs/groups/public/documents/document/aw4x/mjm3/~edisp/minfin1237904.pdf
- https://portal.inss.gov.ao/wp-content/uploads/2022/06/Lei-32_21-Que-aprova-o-Orcamento-Geral-do-Estado-para-o-Exercicio-Economico-de-2022.pdf
- https://www.ucm.minfin.gov.ao/cs/groups/public/documents/document/aw4z/mzg4/~edisp/minfin3388777.pdf
- https://www.jornaldeangola.ao/ao/noticias/encomendas-postais-ficam-isentas-de-taxas-aduaneiras/
- Show more...