ANGOLA
Since May 2007, last amended in October 2021
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Export restrictions on ICT goods or online services
Law No. 26/21 Amending Law No. 1/07 on Commercial Activities (Law No. 26/21 - Lei que altera a Lei 1/07 das Actividades Comerciais)
Law No. 26/21, amending Law No. 1/07 on Commercial Activities, maintained the licensing requirements and procedures for importers that were in place in the previous regime. Exporters of goods exceeding USD 5,000 must obtain an export license.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230402063817/https://faolex.fao.org/docs/pdf/ang205939.pdf
- https://jomqservices.co.ao/content/artigos/Lei%201.07,%20de%2014%20de%20Maio,%20da%20Lei%20das%20Actividades%20Comerciais.pdf
- https://www.trade.gov/country-commercial-guides/angola-trade-barriers
- https://www.wto.org/english/tratop_e/tpr_e/s321_e.pdf
- https://www.doingbusiness.org/content/dam/doingBusiness/country/a/angola/AGO.pdf
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ANGOLA
Reported in 2015, last reported in 2023
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Self-certification for electronic products
It is reported that the homologation process for electronic products does not require local labouratory testing or contact with local representatives. While certification is not explicitly required, there are reports of many products distributed in Angola with ISO and CE markings. In 2015, the Angolan government, through the Ministry of Industry, established the Angolan Institute of Accreditation (IAAC), which has recently merged with IANOQQ (Angolan Institution of standardisation and Quality) to form a new accreditation body: the INIQ (National Institute of Quality Infrastructures). Foreign entities can also provide accreditation services. The INIQ is the point of contact for Southern African Development Community Accreditation Services (SADCAS). SADCAS is a multi-economy accreditation body established under Art. 17 of the Standards and Technical Regulation on Trade to the SADC Protocol on Trade. Its primary purpose is to ensure that conformity assessment service providers, such as calibration/testing/medical labouratories, certification, and inspection bodies, operating in SADC member states that do not have national accreditation bodies, are subject to oversight by an authoritative body.
Coverage Electronic products
Sources
- https://web.archive.org/web/20220627164159/https://minttics.gov.ao/fotos/frontend_10/gov_documentos/dec_7323757305f1875c37d825.pres._108_de_25_de_maio_2016-aprova_o_rgce.pdf
- https://www.certvalue.com/fcc-certification-in-angola/
- https://web.archive.org/web/20240328175827/https://www.inacom.gov.ao/fotos/frontend_1/editor2/decreto_no_13_04-12_de_marco_de_2004.pdf
- https://ib-lenhardt.com/type-approval/angola
- https://www.sadc.int/sites/default/files/2021-11/Protocol_on_Trade1996.pdf
- https://5mglobal.com/angola/
- https://www.wto.org/english/tratop_e/tpr_e/s321_e.pdf
- https://web.archive.org/web/20240330160834/https://www.inacom.gov.ao/fotos/frontend_1/editor2/decreto_presidencial_no_122_de_9_junho_de_2016-3_de_outubro_de_2017.pdf
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ANGOLA
Since November 2019
Since December 2021
Since December 2021
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Presidential Legislative Decree No. 10/19 - Customs Tariffs Law (Decreto Legislativo Presidencial No. 10/19 - Lei da Pauta Aduaneira)
Law No. 32/21 - Angolan State Budget 2022 (Lei No. 32/21 - Lei do Orçamento Geral do Estado 2022)
Law No. 32/21 - Angolan State Budget 2022 (Lei No. 32/21 - Lei do Orçamento Geral do Estado 2022)
Art. 13 of Presidential Legislative Decree No. 10/19, also known as the Customs Tariffs Law, specifies that goods for personal use sent through the post office, courier, or express cargo operators are exempt from the dispatch procedure and payment of customs duties as long as they cumulatively are below the limit per traveller's remittance, set at 2,640 Fiscal Correction Unit (UCF), the equivalent of 232,320 kwanzas (approximately USD 200). More recently, Art. 15 of Law No. 31/21 introduced changes to the Custom Tariffs Law, raising the threshold for personal goods to 1,000,000 kwanzas (approximately USD 1,200), which is above the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
Sources
- https://web.archive.org/web/20211109111206/https://www.ucm.minfin.gov.ao/cs/groups/public/documents/document/aw4x/mjm3/~edisp/minfin1237904.pdf
- https://web.archive.org/web/20231031180009/https://portal.inss.gov.ao/wp-content/uploads/2022/06/Lei-32_21-Que-aprova-o-Orcamento-Geral-do-Estado-para-o-Exercicio-Economico-de-2022.pdf
- https://www.ucm.minfin.gov.ao/cs/groups/public/documents/document/aw4z/mzg4/~edisp/minfin3388777.pdf
- https://web.archive.org/web/20221206083252/https://www.jornaldeangola.ao/ao/noticias/encomendas-postais-ficam-isentas-de-taxas-aduaneiras/
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ANGOLA
Reported in 2022, last reported in 2023
Pillar Intermediary liability |
Indicator User identity requirement
User identity requirement
It is reported that SIM card registration is mandatory. SIM cards must be registered directly with INACOM (Angolan National Regulatory Institute for Communications), the ICT regulator that operates under government oversight. The process requires an identity card or driver’s license and tax card for national citizens, or a passport with a valid visa for visitors.
Coverage Telecommunications sector
ANGOLA
Since May 2007, last amended in October 2021
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Law No. 26/21 Amending Law No. 1/07 on Commercial Activities (Law No. 26/21 - Lei que altera a Lei 1/07 das Actividades Comerciais)
Law No. 26/21, amending Law No. 1/07 on Commercial Activities, maintained the licensing requirements and procedures for importers that were in place in the previous regime. Importers must be registered with the Ministry of Industry and Trade for the category of product they are importing. Moreover, importers of goods exceeding USD 5,000 must obtain an import license. The process of importing goods into Angola is reported to be time-consuming and highly bureaucratic. The import procedures require an estimated USD 460 and 96 hours for import document compliance.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230402063817/https://faolex.fao.org/docs/pdf/ang205939.pdf
- https://jomqservices.co.ao/content/artigos/Lei%201.07,%20de%2014%20de%20Maio,%20da%20Lei%20das%20Actividades%20Comerciais.pdf
- https://www.trade.gov/country-commercial-guides/angola-trade-barriers
- https://www.wto.org/english/tratop_e/tpr_e/s321_e.pdf
- https://www.doingbusiness.org/content/dam/doingBusiness/country/a/angola/AGO.pdf
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ANGOLA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Angola has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
ANGOLA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Angola lacks a comprehensive framework that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. In particular, Art. 73 of Law No. 3/92 defines certain conducts involving the unauthorised use of trade secrets as criminal offences.
Coverage Horizontal
ANGOLA
Since June 2011
Since July 2014
Since July 2014
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Law No. 23/11 on Electronic Communications and Information Society Services (Law No. 23/11 - Lei de Comunicações Electrónicas e dos Serviços da Sociedade de Informação)
Presidential Decree No. 166/14 on Regulation on the Sharing of Electronic Communications Infrastructures (Presidential Decree No. 166/14 - Regulamento de Partilha de Infraestruturas de Comunicações Electrónicas)
Presidential Decree No. 166/14 on Regulation on the Sharing of Electronic Communications Infrastructures (Presidential Decree No. 166/14 - Regulamento de Partilha de Infraestruturas de Comunicações Electrónicas)
Law No. 23/11 recognises the importance of developing and expanding electronic communication infrastructures with consideration for sharing locations and resources. This is further solidified by Presidential Decree No. 166/14 on the Sharing of Electronic Communications Infrastructures. The Presidential Decree establishes principles for mandatory sharing of electronic communication infrastructures (Art. 7), coordination and control through a coordination committee (Art. 8), management of shared infrastructures (Art. 9), registration and availability of shared infrastructures (Art. 10), and the contractual aspects of infrastructure sharing (Art. 12).
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20240328174135/https://inacom.gov.ao/fotos/frontend_1/editor2/decreto_presidencial_no_166_14-9_julho_de_2016-22_de_novembro_de_2017.pdf
- https://web.archive.org/web/20220618032236/https://minttics.gov.ao/fotos/frontend_10/gov_documentos/lei_das_comunicacoes_electro_19324146535f1886da78b9b...s_sociedade_da_informacao.pdf
- https://datahub.itu.int/data/?i=100014&e=AGO
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ANGOLA
Reported 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
According to Presidential Decree No. 78/23 - Privatization Program (PROPRIV 2023-2026), the Angolan Government participates in several telecom companies operating in the country. Angola Telecom EP, a fully state-owned company, manages the country's basic infrastructure. The largest mobile operator in Angola, UNITEL SARL, was initially incorporated as a public-private joint venture, and it is currently fully controlled by the government, 50% directly and 50% indirectly through the state-owned company Sonangol. Furthermore, the Angolan Government owns 90% of the shares of Multitel, Lda., an internet service provider, and 49.3% of TV Cabo Angola. Moreover, MS Telcom, the third telecommunication company in Angola, is indirectly controlled by the Government through Sonangol.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20230517152736/https://www.ucm.minfin.gov.ao/cs/groups/public/documents/document/aw4z/ndgx/~edisp/minfin3481812.pdf
- https://www.ucm.minfin.gov.ao/cs/groups/public/documents/document/aw4z/nze4/~edisp/minfin3718141.pdf
- https://www.bfa.ao/media/4463/nationalization-of-unitel-by-the-angolan-state.pdf
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ANGOLA
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional and accounting separation for dominant network operators
Angola does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market. Yet, Art. 3 of Law No. 23/11 on Electronic Communications and Information Society Services (Lei N. 23/11 Lei de Comunicações Electrónicas e dos Serviços da Sociedade de Informação) defines the concept of SMP.
Coverage Telecommunications sector
ANGOLA
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
Angola has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
ANGOLA
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Lack of an independent telecom authority
Angola has a telecommunications authority: INACOM - Instituto Angolano das Comunicações. However, it is reported that its decision-making process is not fully independent from the government.
Coverage Telecommunications sector
ANGOLA
Since June 2011
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
Law No. 22/11 on the Protection of Personal Data (Law No. 22/11 - Lei da Proteção de Dados Pessoais)
Art. 24 of the Data Protection Act states that the interconnection of data may only be carried out with the authorisation of the Agência de Protecção de Dados (APD, Data Protection Agency) unless otherwise provided by law. Interconnection of data is defined as a form of processing of personal data consisting of the possibility of linking the data in one file with the data in other file(s) kept by another controller or by the same controller for other purposes. The APD only authorises such interconnection if it is appropriate for the pursuit of the lawful purposes of data processing. As a result, this requirement likely affects cross-border transfers.
Coverage Horizontal
ANGOLA
Since June 2011
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
Law No. 22/11 on the Protection of Personal Data (Law No. 22/11 - Lei da Proteção de Dados Pessoais)
Under Section VI of Law No. 22/11, a conditional flow regime is established for the transfer of personal data outside Angola. This means that international data transfer can only proceed if certain conditions are met. The law outlines two main scenarios for international data transfer:
- If the country the data is being transferred to can guarantee an adequate level of protection of personal data, then a notification to the Agência de Protecção de Dados (APD, Data Protection Agency) is sufficient to proceed with the transfer, as per Art. 33;
- If the country does not provide adequate protection of personal data, then the data controller must obtain authorisation from the APD before proceeding with the transfer, as per Art. 34.
However, the APD has not issued any decision declaring countries adequate, and as a result, the authorisation remains currently the only means for transfer.
- If the country the data is being transferred to can guarantee an adequate level of protection of personal data, then a notification to the Agência de Protecção de Dados (APD, Data Protection Agency) is sufficient to proceed with the transfer, as per Art. 33;
- If the country does not provide adequate protection of personal data, then the data controller must obtain authorisation from the APD before proceeding with the transfer, as per Art. 34.
However, the APD has not issued any decision declaring countries adequate, and as a result, the authorisation remains currently the only means for transfer.
Coverage Horizontal
ANGOLA
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
Angola has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
