Database

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SUDAN

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Presence of an independent telecom authority
It is reported that the Telecommunications and Postal Regulatory Authority (TPRA), 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

SUDAN

Reported in 2020

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Ban to transfer and local processing requirement
The legal framework of Sudan does not mention the limitation of transferring data to a foreign country. Still, it is reported that de facto, there is a limitation to transferring data abroad for security reasons, especially for the strategic and sensitive sectors, such as telecom and audio-visual.
Coverage Telecommunications and audio-visuals sectors

SUDAN

Since April 1984

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Sudan is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

SUDAN

Since January 2013

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Copyright and Neighbouring Rights Protection and Literal and Artistic Works Act, 2013
قانون حمایة حق المؤلف والحقوق المجاورة والمصنفات الأدبیة والفنیة لسنة 2013
Sudan has a copyright regime under the law Copyright and Neighbouring Rights Protection and Literal and Artistic Works Act, 2013. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 26-32 list the exceptions, which include educational purposes, quotations, transfer or copying from newspapers, copying for legal proceedings, news reports, photocopying in libraries and publishing by mass media.
Coverage Horizontal

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
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'SD')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"93525"},{"post_id":"93526"},{"post_id":"93527"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'SD')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'SD')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"1.00"}]

SUDAN

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)
10.80%
Coverage rate of zero-tariffs on ICT goods (%)
38.32%
Coverage: ICT goods

SUDAN

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 the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Sudan is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II). Sudan is not a member of the WTO but holds observer status.
Coverage ICT goods

SUDAN

Since June 2010

Pillar Public procurement of ICT goods and online services  |  Indicator Exclusion from public procurement
Purchasing, Contracting and Surplus Disposal Act 2010
قانون الشراء والتعاقد والتخلص من الفائض لسنة 0202
Chapter 5 of the Purchasing, Contracting and Surplus Disposal Act stipulates that:
- Priority in contracting for the purchase and implementation of works shall be given to Sudanese individuals and institutions licensed to operate according to this Act (Art. 14.14);
- The Ministry may specify some works and contracts whose implementation must be entrusted to Sudanese contractors, and the projects can also be divided to allow Sudanese contractors to qualify and implement them (Art. 14.15); and
- Government agencies are required to prioritise Sudanese industries and products, provided they meet the intended purpose of the purchase (Art. 14.19).
Moreover, according to Art. 49 of the Act, procuring entities may, with the approval of the competent authority, use an international tender procedure in the following cases:
(a) where the procurement concerns low-value finished products or standard-specification goods;
(b) where the diversity of the required products is such that no single supplier is willing to provide all the requested items;
(c) where it is not possible to obtain the products locally.
When using this method, procuring entities may invite bids from three or more suppliers, and the list of invitees may include qualified agents of foreign suppliers.
Coverage Horizontal

SUDAN

Since June 2010

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Purchasing, Contracting and Surplus Disposal Act 2010
قانون الشراء والتعاقد والتخلص من الفائض لسنة 0202
Art. 14 of the Purchasing, Contracting, and Surplus Disposal Act introduces the requirement for foreign bidders must use local suppliers for specific services and ensure that at least 21% of the project is carried out by Sudanese contractors (Art. 14.16). Moreover, contractors are obligated to purchase necessary tools and equipment from Sudanese agents, with direct imports allowed only if items are unavailable locally (Art. 14.17).
Coverage Horizontal

SUDAN

Since June 2010

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Purchasing, Contracting and Surplus Disposal Act 2010
قانون الشراء والتعاقد والتخلص من الفائض لسنة 0202
Art. 14 of the Purchasing, Contracting, and Surplus Disposal Act provides that national products may be procured if their prices do not exceed foreign alternatives by more than 11%, with foreign products acceptable only if they meet the required specifications (Art. 14.20). This is also confirmed in Art. 27.3, which states that government procuring entities, when purchasing goods or services through international or local tenders and when analysing and comparing bids, must grant a margin of preference to certain bids for goods produced or extracted in Sudan, as well as to bids for works submitted by Sudanese contractors.
Coverage Horizontal

SUDAN

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)
Sudan is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status. In fact, Sudan is not a member of the WTO.
Coverage Horizontal

SUDAN

Since May 2021
Since June 2016

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
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

Since May 2015

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Nationality/residency requirement for directors or managers
Companies Act 2015
2015 قانون الشركات لسنة
According to Art. 39.2 of the Companies Act, at least one of the directors on the board of any company must be a resident of Sudan.
Coverage Horizontal

SUDAN

Since May 2021

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Investment (Encouragement) Act, 2021
Under the Investment (Encouragement) Act, the establishment of an investment project is conditional upon obtaining a licence, and this licence is subject to a minimum capital requirement. Specifically, Art. 22.1 provides that the minimum invested capital for foreign investors shall be determined by regulations, while Art. 22.2 requires foreign investors, before being granted a licence, to deposit earnest money of not less than USD 250,000 (or its equivalent in foreign currency acceptable to the Central Bank of Sudan) via external transfer, with such funds to be spent on implementing the investment project only after the licence has been issued. Art. 23 complements this by setting out the general licensing framework, including the obligation to obtain a licence prior to establishing the project and the possibility of cancelling the licence.
Coverage Horizontal

SUDAN

Since May 2015

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Commercial presence requirement for digital services providers
Companies Act 2015
2015 قانون الشركات لسنة
According to Art. 33 of the Companies Act 2015, companies incorporated outside Sudan that wish to conduct business within the country must establish a branch in Sudan. Additionally, companies engaged in projects in Sudan are required to set up a branch specifically for the duration and purpose of the project (Art. 34).
Coverage Horizontal

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