CENTRAL AFRICAN REPUBLIC
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
It is reported that the government owns 60% of Société Centrafricaine de Télécommunications (SOCATEL) stock. SOCATEL is the leading telecommunications and Internet service provider in the Central African Republic.
Coverage Telecommunications sector
CENTRAL AFRICAN REPUBLIC
Since January 2018
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Law No. 18.002 Governing Electronic Communications in the Central African Republic (Loi No. 18.002 Régissant les Communications Électroniques en République Centrafricaine)
According to Law No. 18.002, the regulatory authorities may impose accounting separation concerning certain activities in the field of interconnection and/or access for the dominant operator (Art. 50). It is also reported that the Central African Republic imposes functional and accounting separation for operators with significant market power (SMP) in the telecommunications sector.
Coverage Telecommunications sector
CENTRAL AFRICAN REPUBLIC
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
The CAR has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
CENTRAL AFRICAN REPUBLIC
Since May 2017, entry into force in January 2018
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Law No. 17.020 of May 2017 Establishing the Regulatory Authority for Electronic Communications and Posts in CAR (Loi No. 17.020 de Mai 2017 Portant Création de l'Autorité de Régulation des Communications Électroniques et des Postes en RCA)
According to Art. 2 of Law No. 17-020, the Electronic Communications and Postal Regulatory Authority (ARCEP), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
CENTRAL AFRICAN REPUBLIC
N/A
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Lack of binding commitment on data flows
CAR has not signed any agreement with binding commitments on data transfer across-border.
Coverage Horizontal
CENTRAL AFRICAN REPUBLIC
N/A
Pillar Domestic data policies |
Indicator Framework for data protection
Lack of comprehensive legal framework for data protection
The Central African Republic does not have a comprehensive data protection law. However, there is a sectoral law that applies to the telecommunications sector. Law No. 18.002 of January 2018 governing electronic telecommunications mentions the protection of the privacy of users of electronic communication networks and services (Arts. 112-115) and the protection of personal data (Arts. 116-126).
Coverage Horizontal
CENTRAL AFRICAN REPUBLIC
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
It is reported that a basic legal framework for intermediary liability for copyright infringement is absent in The Central African Republic's law and jurisprudence.
Coverage Internet intermediaries
CENTRAL AFRICAN REPUBLIC
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
It is reported that a basic legal framework for intermediary liability beyond copyright infringement is absent in The Central African Republic's law and jurisprudence.
Coverage Internet intermediaries
CENTRAL AFRICAN REPUBLIC
Since January 2018
Pillar Intermediary liability |
Indicator User identity requirement
Law No. 18.002 Governing Electronic Communications in the Central African Republic (Loi No. 18.002 Régissant les Communications Électroniques en République Centrafricaine)
According to Art. 61 of Law No. 18.002, telecom operators must identify all their subscribers. It is reported that there has been an identity requirement for SIM cards since 2014.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20221116070521/https://www.arcep.cf/images/textes/lois/Loi_18_002_regissant_les_communications_electroniques_en_RCA.pdf
- https://web.archive.org/web/20230123124352/https://www.gsma.com/mobilefordevelopment/wp-content/uploads/2021/04/Digital-Identity-Access-to-Mobile-Services-and-Proof-of-Identity-2021_SPREADs.pdf
CENTRAL AFRICAN REPUBLIC
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)
12.88%
Coverage rate of zero-tariffs on ICT goods (%)
0.39%
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
CENTRAL AFRICAN REPUBLIC
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)
Central Africa Republic 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
- Show more...
CENTRAL AFRICAN REPUBLIC
Reported in 2023
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
High thresholds for competitive bidding
It is reported that the Government is authorised to conduct competitive bidding when the price of the project exceeds 250 million CFA francs (approx. USD 415,160) for services and above 25 Million CFA francs (approx. USD 41,516) for intellectual services.
Coverage Horizontal
CENTRAL AFRICAN REPUBLIC
Since June 2008
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Law No. 08-017 of 6 June 2008 on the Public Procurement Code in the CAR (Loi No. 08-017 du 6 Juin 2008 Portant sur le Code des Marchés Publics en RCA)
According to Law No. 08-017 on the Public Procurement Code in CAR, when awarding a public contract or a public service delegation, preference may be given to the bid submitted by a company with its head office in the Central African Republic. Firms having their registered office in a CEMAC Member State may benefit from the above-mentioned preference rules. This margin of preference, quantified as a percentage of the amount of the bid, may in no case exceed 15% for national firms and 10% for firms having their headquarters in CEMAC countries (Art. 64).
Moreover, a contract applicant who plans to subcontract at least 30% of the total value of the contract to a company in a CEMAC member state may be granted a margin of preference not exceeding 5%, which may be added to the preference referred to in Art. 64 of this law (Art. 26). This applies to contracts for a local authority or one of its public establishments.
Moreover, a contract applicant who plans to subcontract at least 30% of the total value of the contract to a company in a CEMAC member state may be granted a margin of preference not exceeding 5%, which may be added to the preference referred to in Art. 64 of this law (Art. 26). This applies to contracts for a local authority or one of its public establishments.
Coverage Horizontal
CENTRAL AFRICAN REPUBLIC
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)
CAR is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal
