COMOROS
Since June 2015
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Decree No. 15-093/PR of 10 June 2015 on the Licence, Authorisation, Declaration and Approval Regime (Décret No. 15-093/PR du 10 juin 2015 relatif au régime de la licence, de l'autorisation, de la déclaration et de l'agrément)
According to Arts. 13-19 of the Decree No. 15-093/PR, terminal equipment and radioelectric installations may only be manufactured, imported, sold or distributed in the domestic market if they have been approved in advance by the National Regulation Authority of Information and Communications Technology (Autorité Nationale de Régulation des TIC - ANRTIC). The applicant must send an application detailing information on the equipment and installations submitted for approval to ANRTIC. The approval regime aims to confirm the compliance of the products with essential standards: user security, security of personnel operating electronic communication networks, protection of networks (in particular exchanges of control and management information), suitability of equipment to operate with the network, proper use of the electrical radio frequency spectrum.
Coverage Terminal equipment and radioelectric installations
COMOROS
N/A
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Comoros does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties. However, there is reportedly an informal arrangement for a de minimis threshold of USD 116.
Coverage Horizontal
COMOROS
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringements
A basic legal framework on intermediary liability beyond copyright infringement is absent in Comoros's law and jurisprudence.
Coverage Internet intermediary
COMOROS
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of comprehensive trade secret regime
Comoros does not have a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. In particular, the country has established provisions addressing disclosure, acquisition or use of confidential information in the course of industrial or commercial activities by third parties in Art. 6 of Annex VIII of the Bangui Agreement, which has been ratified by 17 French-speaking States, including Comoros in 2002.
Coverage Horizontal
COMOROS
Since March 2014
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Framework Law No. 14-031/AU on Electronic Communications of 17 March 2014 (Loi No. 14-031/AU relative aux communications électroniques du 17 mars 2014)
Passive infrastructure sharing is reported to be mandatory in Comoros for the provision of telecommunications services to end-users. Passive infrastructure sharing is also practised in the mobile and fixed sectors based on commercial agreements. According to Art. 53 of Law No. 14-031, the National Regulation Authority of Information and Communications Technology (Autorité Nationale de Régulation des TIC (ANRTIC)) shall encourage the conclusion of agreements for the sharing of infrastructure masts, ducts and towers, electrical equipment, and land.
Coverage Telecommunications sector
COMOROS
Since March 2014
Pillar Telecom infrastructure & competition |
Indicator Maximum foreign equity share for investment in the telecommunication sector
Framework Law No. 14-031/AU on Electronic Communications of 17 March 2014 (Loi No. 14-031/AU relative aux communications électroniques du 17 mars 2014)
According to Art. 15 of the Framework Law No. 14-031/AU, foreign participation in the capital of a company operating in the electronic communications sector is authorised up to a maximum of 80%.
Coverage Telecommunications sector
COMOROS
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The government owns shares in certain telecommunications companies. In particular, the government fully owns the operator Comores Telecom and owns 20% of the shares of the operator Telma Comores.
Coverage Telecommunications sector
COMOROS
Since March 2014
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Framework Law No. 14-031/AU on Electronic Communications of 17 March 2014 (Loi No. 14-031/AU relative aux communications électroniques du 17 mars 2014)
Comoros mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market. Art. 49 of the Law No. 14-O31/AU states that operators of electronic communications networks having SMP must have a separate accounting for their interconnection activities. It is also reported that functional separation is mandated, but the relevant legislation has not been found.
Coverage Telecommunications sector
COMOROS
N/A
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Comoros has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
COMOROS
Since March 2014
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Framework Law No. 14-031/AU on Electronic Communications of 17 March 2014 (Loi No. 14-031/AU relative aux communications électroniques du 17 mars 2014)
The National Regulation Authority of Information and Communications Technology (Autorité Nationale de Régulation des TIC - ANRTIC) is the executive authority for the supervision and administration of services in the telecommunications sector, and it is independent of the government in the decision-making process. According to Art. 6 of the Law No. 14-031/AU, the ANRTIC is legally distinct and functionally independent from the ministry in charge of electronic communication and the service suppliers.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20250308191337/https://datahub.itu.int/data/?i=100088&s=3109&e=COM
- https://web.archive.org/web/20230915000000*/https://www.anrtic.km/anrtic/missions
- https://web.archive.org/web/20240217072257/https://anrtic.km/uploads/regulations/2023-06-12_08:52__6486dcc95c8b3.pdf
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COMOROS
N/A
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Comoros has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
COMOROS
N/A
Pillar Domestic data policies |
Indicator Framework for data protection
Lack of comprehensive legal framework for data protection
Comoros does not have a comprehensive regime of data protection in place.
Coverage Horizontal
COMOROS
N/A
Pillar Intermediary liability |
Indicator Safe harbour 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 Comoros's law and jurisprudence.
Coverage Internet intermediary
COMOROS
Since March 2014
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Framework Law No. 14-031/AU on Electronic Communications of 17 March 2014 (Loi No. 14-031/AU relative aux communications électroniques du 17 mars 2014)
According to Art. 15 of the Framework Law No. 14-031/AU, foreign participation in the capital of a company operating in the electronic communications sector is authorised up to a maximum of 80%.
Coverage Telecommunications sector
COMOROS
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) |
Indicator 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 organization 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 Organization (Règlement sur la profession de Mandataire agréé auprès de l'organization Africaine de la Propriété Intellectuelle)
Regulations on the profession of Authorised Agent before the African Intellectual Property Organization (Règlement sur la profession de Mandataire agréé auprès de l'organization Africaine de la Propriété Intellectuelle)
According to the Bangui Agreement, ratified by 17 French-speaking States, including Comoros, 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 Organization (OAPI) is governed by the Regulations on the Profession of Authorised Agent before the OAPI.
Coverage Horizontal
Sources
- https://www.wipo.int/wipolex/en/text/582620
- https://web.archive.org/web/20230323192022/http://www.oapi.int/Ressources/reglement_mandataire/REGLEMENT_PROFESSION_MANDATAIRE.pdf
- https://web.archive.org/web/20220120063358/http://www.droit-afrique.com/upload/doc/oapi/OAPI-Guide-depot-brevet.pdf
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