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ANGOLA

Since February 1992

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the application process for patents
Law No. 3/92 Industrial Property Law (Lei N. 3/92 Lei da Propriedade Industrial)
Art. 5 of Law No. 3/92 states that patent applications must be written in the Portuguese language and that foreign applicants must appoint a legal local representative. Furthermore, there have been reports of practical and legal barriers in the patent application process in Angola, including high direct and indirect registration costs and a lack of transparency throughout the process.
Coverage Horizontal

ANGOLA

Since February 1992

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the enforcement of patents
Law No. 3/92 Industrial Property Law (Lei N. 3/92 Lei da Propriedade Industrial)
Chapter 2 of the Law No. 3/92 covers the mechanism of patent protection. Arts. 5 and 67 show that foreign patent owners need a local representative to defend patent rights. Additionally, there have been reports on procedural complexities, such as the intricate and time-consuming judicial processes in Angola, which could pose challenges for foreign patent holders. Furthermore, it is reported the shortage of judges proficient in patent law further exacerbates these barriers, impacting the efficient adjudication of patent-related disputes.
Coverage Horizontal

ANGOLA

Since June 2018, last amended in April 2021
Since October 2018, last amended in November 2021

Pillar Foreign Direct Investment in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Law No. 10/21 - Private Investment Law (Lei N. 10/21 - Lei do Investimento Privado)

Law No. 250/18 - Regulations for the Private Investment (Lei N. 250/18 - Regulamentação da Lei do Investimento Privado)
The Private Investment Law No. 10/21 established the Angolan Investment Promotion Agency (AIPEX) as the primary entity responsible for promoting and regulating private investment. AIPEX serves as a one-stop shop for investment approvals. The Regulations for the Private Investment Law No. 250/18 outline the steps for registering and approving private investment projects, with AIPEX overseeing the process. Art. 6 specifies the investment project documentation, including a plan for gradually replacing foreign labor with national labor, and the procedures that required for registration.
Coverage Horizontal

ANGOLA

Since May 2001

Pillar Foreign Direct Investment in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Law No. 8/01 - Telecommunication Law (Lei N. 8/01 - Lei de Bases das Telecomunicações)
Art. 18 of the Telecommunications Law No. 8/01 states that foreign capital in telecom operators should not exceed 50%, allowing only minority participation for foreign investors in this sector.
Coverage Telecommunications sector

ANGOLA

Since December 2020, entry into force in January 2021

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Law No. 41/20 Public Procurement Law (Lei N. 41/20 Lei dos Contratos Públicos)
Under Art. 53 of the Law No. 41/20, the contracting authority is required to include specific rules in tender documents that promote the preferential contracting of Angolan companies - including micro, small, and medium-sized enterprises (MSMEs). These rules include provisions such as preferential access to the negotiation phase, a margin of preference for the prices proposed by Angolan companies, an increase in the overall score awarded to the proposals of Angolan companies, a higher score for goods produced, extracted, or cultivated in Angola, a requirement that a percentage of the subcontracted work be reserved for Angolan companies, and preferential treatment for domestic suppliers to limit foreign participation in public procurement.
The Public Procurement Law No. 41/20, in effect since January 2021, revoked Law No. 9/16 on Public Procurement in Angola but kept the previous restrictions on foreign participation.
Coverage Horizontal

ANGOLA

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)
Angola is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal

ANGOLA

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)
Angola 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

ANGOLA

Since December 2020, entry into force in January 2021

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Exclusion from public procurement
Law No. 41/20 Public Procurement Law (Lei N. 41/20 Lei dos Contratos Públicos)
According to Art. 54 of Law No. 41/20, foreign firms are only allowed to participate in bids for public contracts in Angola if they have a legal presence in Angola and one of the following specific conditions are met:
- The value of the contract must be equal to or greater than the amount specified in Annex III of the law, which is 182 million kwanzas (approx. USD 220,000) for goods and services and greater than 500 million kwanzas (approx. USD 600,000) for public works. Below these values, foreign companies can only participate in government procurements as a supplier or subcontractor to an Angolan company fulfilling a government contract;
- The contract must be for a service that is technically complex or specialized, and it must be reasonable to expect that no Angolan firm can provide the service adequately;
- The contract is for a conceptual project unless the contracting authority explicitly restricts foreign participation in the terms of reference.
Furthermore, Art. 13 determines that government suppliers must be registered in the centralized Angolan Government Databank.
The Public Procurement Law No. 41/20, in effect since January 2021, revoked Law No. 9/16 on Public Procurement in Angola but kept the previous restrictions on foreign participation.
Coverage Horizontal
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[{"post_id":"40914"},{"post_id":"40915"},{"post_id":"40916"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'AO')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'AO')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"1.00"}]

ANGOLA

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on ICT goods  |  Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
8.28%
Coverage rate of zero-tariffs on ICT goods (%)
44.50%
Coverage: Digital goods

CABO VERDE

Since 2003

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signatures
UNCITRAL Model Law on Electronic Signatures
Cabo Verde has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

CABO VERDE

Since December 2007
Since December 1998

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Decree-Law No. 46/2007, of 10 December: Approves the Advertising Code (Decreto-Lei Nº 46/2007, de 10 de dezembro: aprova o Código de Publicidade

Law No. 88/V/98 of 31 December 1998, approves the legal regime for protecting and defending consumers. (Lei Nº 88/V/98, de 31 de dezembro, aprova o regime jurídico de proteção e defesa dos consumidores)
Decree-Law No. 46/2007 and Law No. 88/V/98 provide a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal

CABO VERDE

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the use of Electronic Communications in International Contracts
Cabo Verde has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

CABO VERDE

Since 2003

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Cabo Verde has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

CABO VERDE

Since September 2019

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Decree-Law No. 39/2019, of 2 September, makes the first amendment to Decree-Law No. 23/2014, of 2 April, approving the Customs Regulation Code (Decreto-Lei Nº 39/2019, de 2 de setembro: procede à primeira alteração ao Decreto-Lei Nº 23/2014, de 2 de abril, que aprova o Regulamento do Código Aduaneiro)
According to Art. 2(2)(4) and Art. 205(1)) of Decree-Law No. 39/2019, the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is 10.000 Escudos (approx. USD 100). This is below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

CABO VERDE

Since July 2019, entry into force in October 2019
Since March 1999, until October 2019

Pillar Online sales and transactions  |  Sub-pillar Local presence requirement for digital services providers
Legislative Decree No. 2/2019 of 23 July: Commercial Companies Code (Decreto-legislativo Nº 2/2019 de 23 de julho: Código das Sociedades Comerciais)

Legislative Decree No. 3/99: Approves the Commercial Companies Code (Decreto-Legislativo nº 3/99: Aprova o Código das Empresas Comerciais)
Art. 4 of the Commercial Companies Code provides that any company that does not have its effective headquarters in Cabo Verde, but wishes to carry out its activities in the country for more than one year, must establish a permanent representation. The previous Commercial Companies Code contained the same requirement in Art. 106.
Coverage Horizontal

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