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SUDAN

Since October 2021

Pillar Content access  |  Indicator Licensing schemes for digital services and applications
Regulations Governing Internet of Things Services for the Year 2021
لائحة تنظيم خدمات إنترنت الأشياء لسنة 2021م
According to Arts. 3 and 8 of the Regulations Governing Internet of Things Services for the Year 2021, any legal entity that wishes to provide Internet of Things (IoT) services commercially or for private purposes using bandwidth outside buildings must submit a written application for a licence to the Director General of the Authority, in accordance with the Communications and Postal Regulation Law for the year 2018 and the relevant licensing regulations. The Regulations define the Internet of Things as a global infrastructure for the information society that enables advanced services through the interconnection of physical and virtual objects, based on existing and evolving information and communications technology to ensure interoperability.
Coverage Internet of Things (IoT) services

SUDAN

Since March 2023

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Import ban applied on ICT goods or online services
Administrative Decisions Administrative Decision No. (75) of 2023 Restricting the Import of Mobile Phones
قرارات إدارية قرار إداري رقم (75) لسنة 2023م تقييد إستيراد اجهزة الهاتف المحمول
According to Administrative Decision No. 75 of 2023, adopted pursuant to Art. 15 of the Communications and Postal Services Regulation Law of 2018 and Board Decision No. 17 of 2019 of the Communications and Postal Services Regulatory Authority, the import of mobile phones more than four years old is prohibited. Only mobile phones that are three years old or newer may be imported. Companies operating in this field and licensed to import mobile phones are required to comply with this restriction as of 1 June 2023.
Coverage Mobile phones

SUDAN

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
Sudan has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal

SUDAN

N/A

SUDAN

Since June 2014

Pillar Domestic data policies  |  Indicator Minimum period for data retention
Anti-Money Laundering and Combating the Financing of Terrorism Act 2014
( قانون مكافحة غسل الأموال وتمويل الإرهاب لسنة 2014)
According to Art. 6 of the Anti-Money Laundering and Combating the Financing of Terrorism Act 2014, financial and non-financial institutions are required to keep records and data relating to customers and transactions and ensure that these records and information are made available to the competent authorities with reasonable speed. The records must be kept for a period of at least five years after the termination of the business relationship or the execution of the incidental transaction, whichever is longer. The article also stipulates that records and data relating to domestic and international transactions, whether executed or attempted, should be kept for at least five years after the transaction, and such records shall be detailed enough to allow the steps of each transaction to be tracked separately.
Coverage Horizontal

SUDAN

Since January 2018

Pillar Domestic data policies  |  Indicator Requirement to allow the government to access personal data collected
Telecommunications and Postal Regulation Law 2018
قانون تنظيم الاتصالات و البريد 2018
According to Art. 25(t) of the Telecommunications and Postal Regulation Law, telecommunications operators shall grant the Telecommunication and Postal Regulation Authority access to their facilities, networks and equipment, and to allow the installation of devices necessary for performance measurement and monitoring. It is reported that, under this framework, telecommunications companies are required to provide customer data to the authorities upon request.
Coverage Telecommunications sector

SUDAN

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 Sudan's law and jurisprudence.
Coverage Internet intermediaries

SUDAN

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 infringement
A basic legal framework on intermediary liability beyond copyright infringement is absent in Sudan's law and jurisprudence.
Coverage Internet intermediaries

SUDAN

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Sudan has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

SUDAN

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of signature of the WIPO Performances and Phonogram Treaty
Sudan has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

SUDAN

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Sudan lacks a comprehensive regime for the protection of trade secrets.
Coverage Horizontal

SUDAN

Since September 2020

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Infrastructure Sharing Regulation for the Year 2020
The Infrastructure Sharing Regulation for the Year 2020 governs both passive (non-active) and active infrastructure sharing in Sudan. According to Arts. 3-9 owner-operators are required to make their infrastructure available for sharing, prepare a reference offer approved by the regulator, act in a transparent and non-discriminatory manner, negotiate with access seekers, and publish and periodically update information on sharable infrastructure. Annex 1 specifies that passive infrastructure includes, inter alia, towers and masts, ducts, trenches, cable stations and sites, cables, cabins, buildings, roofs, shelters and related utilities, while active infrastructure covers antennas and antenna systems, base stations (e.g. BTS/NodeB), radio network controllers (e.g. RNC/BSC), radio access networks (including feeder cables), backbone and transmission networks, backhaul links, local loops and bitstream access.
Coverage Telecommunications sector

SUDAN

Since May 2021
Since June 2016

Pillar Telecom infrastructure & competition  |  Indicator Maximum foreign equity share for investment in the telecommunication sector
Investment (Encouragement) Act, 2021

Regulations for the Provision of Virtual Network Operator Services for the Year 2016
لائحة تقديم خدمات مشغل الشبكة الافتراضية لسنة 2016م
According to Art. 18 of the Investment (Encouragement) Act, foreign investment is restricted in certain sectors as designated by the Minister. It is reported that such restrictions include a prohibition on foreign capital participation in most areas of telecommunications services.
Art. 3 of the Regulations for the Provision of Virtual Network Operator Services for the Year 2016, also requires that anyone wishing to provide virtual network operator (VNO) services must apply for a licence in accordance with the Telecommunications Law of 2001 and the regulations issued pursuant thereto (Art. 3.1), and that the licensee must be a Sudanese company with a Sudanese capital share of not less than 60% (Art. 3.2). The Regulations define a Virtual Network Operator as a public mobile communications service provider that does not have a dedicated frequency spectrum and does not own a public communications network infrastructure, but may own limited infrastructure.
Coverage Telecommunications sector, including Virtual Network Operators (VNO)

SUDAN

Reported in 2018, last reported in 2024

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 holds a 30% ownership stake in Sudatel, one of the three main telecommunications and internet service providers in the country.
Coverage Telecommunications sector

SUDAN

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 Sudan mandates both functional and accounting separation for operators with significant market power (SMP) in the telecom market. However, the relevant law has not been found.
Coverage Telecommunications sector

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