CAMEROON
Since April 2002
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Law No. 2002/004, Investment Charter (Loi No. 2002/004 du 19 avril 2002 portant Charte des Investissements)
Law No. 2002/004 sets the main legal regime for investment in Cameroon. There are no limits on foreign ownership in any specific sector.
Coverage Horizontal
CAMEROON
Since December 2006
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Requirement to engage in joint ventures to invest or operate
Law No. 2006/018 of 29 December 2006 to regulate advertising in Cameroon (Loi No. 2006/018 du 29 décembre 2006 régissant la publicité au Cameroun)
According to Art. 13 of Law No. 2006/018, foreign operators wishing to carry out any advertising activity in the territory of Cameroon must conclude an agreement of representation to this effect with a Cameroonian operator duly approved for the advertising profession concerned. This also applies to online advertising.
Coverage Advertising sector
CAMEROON
Since December 2006
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Nationality/residency requirement for directors or managers
Law No. 2006/018 of 29 December 2006 to regulate advertising in Cameroon (Loi No. 2006/018 du 29 décembre 2006 régissant la publicité au Cameroun)
According to Art. 6 of Law No. 2006/018, any advertising company must have a principal officer (i.e. the person managing the enterprise and representing the latter in all acts of civil life) who is a Cameroonian national or, failing that, show proof of having fulfilled the conditions for foreigners to engage in commercial activities in Cameroon. This also applies to online advertising.
Coverage Advertising sector
CAMEROON
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 Cameroon, 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
- https://web.archive.org/web/20240123201653/https://pctlegal.wipo.int/eGuide/view-doc.xhtml?doc-code=CM&doc-lang=en#GENERAL%20INFO
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CAMEROON
Since January 1978
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Cameroon is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
CAMEROON
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)
15.51%
Coverage rate of zero-tariffs on ICT goods (%)
1.15%
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
CAMEROON
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)
Cameroon 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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CAMEROON
Since June 2018
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
New Public Procurement Code of Decree No. 2018/366 of June 20, 2018 (Décret No. 2018/366 du 20 juin 2018 portant Code des Marchés Publics)
Sub-section VII (of the National Preference) of the New Public Procurement Code of Decree No. 2018/366 imposes restrictions on the participation of foreign companies in public procurement. Art. 106 states that:
- When awarding a contract within the framework of international consultation, a margin of preference is granted to equivalent offers and in order of priority to the tenders presented by: a) a natural person of Cameroonian nationality or a legal person under Cameroonian law; b) a company whose capital is wholly or mainly held by persons of Cameroonian nationality; c) a natural person or a legal person justifying an economic activity on the territory of Cameroon; d) a group of companies associating Cameroonian companies;
- Tenders are considered equivalent when they have fulfilled the required technical conditions;
- For quantifiable works and services contracts, the national preference margin is 10% for the companies referred to in paragraph 1 above;
- For supply contracts, the national preference criterion can only be taken into account if the supply undergoes a transformation at the local or regional level of at least 15%;
- There is no national preference for non-quantifiable service contracts, including intellectual services;
- National preference can only be applied when the tender documents provide for it.
- When awarding a contract within the framework of international consultation, a margin of preference is granted to equivalent offers and in order of priority to the tenders presented by: a) a natural person of Cameroonian nationality or a legal person under Cameroonian law; b) a company whose capital is wholly or mainly held by persons of Cameroonian nationality; c) a natural person or a legal person justifying an economic activity on the territory of Cameroon; d) a group of companies associating Cameroonian companies;
- Tenders are considered equivalent when they have fulfilled the required technical conditions;
- For quantifiable works and services contracts, the national preference margin is 10% for the companies referred to in paragraph 1 above;
- For supply contracts, the national preference criterion can only be taken into account if the supply undergoes a transformation at the local or regional level of at least 15%;
- There is no national preference for non-quantifiable service contracts, including intellectual services;
- National preference can only be applied when the tender documents provide for it.
Coverage Horizontal
CAMEROON
Since June 2018
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
New Public Procurement Code of Decree No. 2018/366 of June 20, 2018 (Décret No. 2018/366 du 20 juin 2018 portant Code des Marchés Publics)
Art. 132 of the New Public Procurement Code of Decree No. 2018/366 stipulates in its paragraph (3) that "The services subject to subcontracting must as a priority be granted to national SMEs of which nationals hold at least 51% of the capital, and in case of insufficiency or deficiency, to SMEs and large companies of which at least 33% of the capital is held by nationals.
Coverage Horizontal
CABO VERDE
Since July 2019, entry into force in October 2019
Pillar Online sales and transactions |
Indicator Local presence requirements 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)
Art. 4 of the Commercial Companies Code states that any company that does not have its effective headquarters in Cabo Verde but wishes to carry out its activities there for more than one year must establish a permanent representation. The previous Commercial Companies Code contained the same requirement in Art. 106.
Coverage Horizontal
Sources
- https://web.archive.org/web/20241128134919/https://www.procapital.cv/uploads/files/Decreto-legislativo%20n%C2%BA%2022019%20-%20Legisla%C3%A7%C3%A3o%20de%20C%C3%B3digo%20de%20Empresas%20Comercias.pdf
- https://web.archive.org/web/20210125165530/https://caboverde.eregulations.org/media/decreto%20legislativo%203.99%20%20c%C3%B3digo%20das%20empresas%20comerciais.pdf
- https://web.archive.org/web/20210302031815/https://www.arme.cv/index.php?option=com_jdownloads&task=download.send&id=412&catid=145&m=0&Itemid=741
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CABO VERDE
Since December 2007
Since December 1998
Since December 1998
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Decree-Law No. 46/2007 of 10 December: Approving 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: Approving 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)
Law No. 88/V/98 of 31 December 1998: Approving 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 consumer protection framework that applies to online transactions.
Coverage Horizontal
Sources
- https://unctad.org/page/cyberlaw-tracker-country-detail?country=cv
- https://web.archive.org/web/20210301155911/http://igae.cv/igae/wp-content/uploads/2019/04/Lei-88-V-98-de-31-de-Dez.-Regime-Jur%C3%ADdico-de-Protec%C3%A7%C3%A3o-e-Defesa-dos-Consumidores.pdf
- https://web.archive.org/web/20241128152107/https://www.wipo.int/wipolex/en/text/180916
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CABO VERDE
N/A
Pillar Online sales and transactions |
Indicator 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 |
Indicator 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 2003
Pillar Online sales and transactions |
Indicator 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
