CHAD
N/A
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in Chad to deliver telecom services to end users. It is practised in the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
CHAD
Since January 2008, entry into force in December 2008
Pillar Telecom infrastructure & competition |
Indicator Maximum foreign equity share for investment in the telecommunication sector
Law No. 006/PR/2008 Instituting the Investment Charter of the Republic of Chad (Loi No. 006/PR/2008 Instituant la Charte des Investissements de la République du Tchad)
Law No. 006/PR/2008 defines the regulation of foreign investment in Chad. It has been reported that certain sectors are closed or restricted de facto under this legislation. These include fixed telephony services, which are reserved for state enterprises. It is also reported that the only limit on foreign control is on ownership of companies deemed related to national security. Art. 11 stipulates that private investments are permitted in Chad, subject to specific provisions designed to ensure that the State's economic and social policy is respected, particularly regarding the protection of health, safety and public hygiene, social protection and environmental protection.
Coverage Fixed telephony services
Sources
- https://web.archive.org/web/20230528031156/https://investmentpolicy.unctad.org/investment-laws/laws/50/print/4
- https://web.archive.org/web/20231207145056/https://www.state.gov/reports/2022-investment-climate-statements/chad/
- https://web.archive.org/web/20240808165954/https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S445-06.pdf&Open=True
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CHAD
Reported in 2022, last reported in 2023
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
Groupe Sotel Tchad, the main fixed-line operator, is reportedly fully state-owned.
Coverage Telecommunications sector
CHAD
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
It is reported that Chad mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
CHAD
Reported in 2018
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
Strict licence conditions
Airtel Chad and Tigo Chad have stated that they were obliged to comply with orders from the government to shut down the internet and limit access to social media in certain regions of the country for a period of 16 months. The operators stated that this obligation emanated from their license conditions with the ARCEP (the regulatory authority for electronic communications and postal services), which require them to cooperate with government authorities and, if necessary, restrict access to the networks in the interest of national security. The text of the agreements is not publicly available.
Coverage Telecommunications sector
CHAD
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
Chad has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
CHAD
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Lack of independent telecom authority
Chad has a telecommunications authority: Electronic Communications and Postal Regulatory Authority (ARCEP). However, it is reported that this entity is not fully independent.
Coverage Telecommunications sector
CHAD
Since February 2015
Pillar Cross-border data policies |
Indicator Conditional flow regime
Law No. 007/PR/2015 on the Protection of Personal Data (Loi No. 007/PR/2015 Portant Protection des Données à Caractère Personnel)
Art. 29 of Law No. 007/PR/2015 on the Protection of Personal Data prohibits the transfer of personal data to a country that is not a member of the Economic and Monetary Community of Central Africa (CEMAC) or the Economic Community of Central African States (ECCAS) unless that state ensures a sufficient level of protection of the privacy, freedoms and fundamental rights of individuals. Certain exceptions apply (Arts. 30-33). Before any transfer of personal data abroad, it is required that the data controller informs the regulatory authority, the National Agency for Information Security and Electronic Certification (ANSICE).
Coverage Horizontal
CHAD
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
Chad has not joined any free trade agreement committing to open transfers of cross-border data flows.
Coverage Horizontal
CHAD
Since January 1978
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Chad is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
CHAD
Since March 1977, as amended in December 2015, entry into force in November 2020
Since May 2003
Since May 2003
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
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)
Law No. 005/PR/2003 of 2 May 2003 on the Protection of Copyright, Neighboring Rights, and Expressions of Folklore (Loi No. 005/PR/2003 du 2 Mai 2003 Portant Protection du Droit d’Auteur, des Droits Voisins et des Expressions du Folklore)
Law No. 005/PR/2003 of 2 May 2003 on the Protection of Copyright, Neighboring Rights, and Expressions of Folklore (Loi No. 005/PR/2003 du 2 Mai 2003 Portant Protection du Droit d’Auteur, des Droits Voisins et des Expressions du Folklore)
The Revised Bangui Agreement is a regional intellectual property law that is not only a regional convention applicable in all member states but also serves as a national intellectual property law in Chad and each of the other member states. The Revised Bangui Agreement contains provisions on copyright in Annex VII: Chapter IV (Limitations to Economic Rights) and establishes a regime of copyright exceptions. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. In addition, Arts. 34-38 of Law No. 005/PR/2003 also provide for limitations on copyright.
Coverage Horizontal
CHAD
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)
10.82%
Coverage rate of zero-tariffs on ICT goods (%)
1.09%
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
CHAD
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 Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Chad is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
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
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CHAD
Since May 2020
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Decree No. 002130/PR/2020 on the Code of Public Procurement (Décret No. 002130/PR/2020 Portant Code des Marchés Publics)
According to Art. 80 of the Code of Public Procurement, the procurement entities may decide when preparing the international tender dossier to give preference to the bidders mentioned below, provided that their offer is deemed to conform to that of the highest bidder and that the price offered is not more than 15% higher than that offered by the latter. This preference can be given:
- To craftsmen and business leaders of Chadian nationality, individually or in groups;
- To companies whose majority of the share capital belongs either to natural persons of Chadian nationality or to legal persons governed by Chadian law whose majority of the capital is held by natural persons of Chadian nationality."
According to Art. 126 of the Code: "When awarding a contract (...) priority is given to the economically and technically most advantageous tender according to the evaluation criteria fixed in the consultation file, to the submission presented by:
- A natural person of Chadian nationality or a legal person under Chadian law;
- A natural person or a legal person justifying an economic activity in the National Territory;
- Business groups associating with Chadian companies or providing for significant subcontracting to nationals.
- To craftsmen and business leaders of Chadian nationality, individually or in groups;
- To companies whose majority of the share capital belongs either to natural persons of Chadian nationality or to legal persons governed by Chadian law whose majority of the capital is held by natural persons of Chadian nationality."
According to Art. 126 of the Code: "When awarding a contract (...) priority is given to the economically and technically most advantageous tender according to the evaluation criteria fixed in the consultation file, to the submission presented by:
- A natural person of Chadian nationality or a legal person under Chadian law;
- A natural person or a legal person justifying an economic activity in the National Territory;
- Business groups associating with Chadian companies or providing for significant subcontracting to nationals.
Coverage Horizontal
