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
- Show more...
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
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
Since January 2021
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Comoros has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
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
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
15.09%
Coverage rate of zero-tariffs on ICT goods (%)
14.7%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
COMOROS
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator 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)
Comoros is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II). In fact, the country is not a WTO member state either.
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
- Show more...
COMOROS
Since June 2022
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Law No. 22-011/AU of 23 June 2022 on the Award of Public Procurement and the Delegation of Public Services (Loi No. 22-011/AU du 23 juin 2022 portant Passation des Marchés Publics et Délégation des Services Publics)
According to Art. 91 of Law No. 22-011/AU, in the case of a contract with a decentralised local authority or one of its public establishments, a foreign candidate who plans to subcontract at least 30% of the total value of the contract to a national company may benefit from a margin of preference of no more than 10%.
Coverage Horizontal
COMOROS
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Comoros is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal