ERITREA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Effective tariff rate to ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
7.52%
Coverage rate of zero-tariffs on ICT goods (%)
0%
Coverage: Digital goods
SOMALIA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Somalia has not adopted the UNCITRAL Model Law on Electronic Commerce.
Coverage Horizontal
SOMALIA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Somalia has not adopted the UNCITRAL Model Law on Electronic Signatures.
Coverage Horizontal
SOMALIA
N/A
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Lack of consumer protection law
Somalia lacks a consumer protection law.
Coverage Horizontal
SOMALIA
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention of Electronic Communications
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Somalia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
SOMALIA
Since January 2021
Pillar Online sales and transactions |
Sub-pillar Local presence requirement for digital services providers
Law No. 001/2021 - The Regulation of Company Law
Art. 19 (g) of the Regulation of Company Law No. 001/2021 requires that there should be legal representative of the foreign company based in Somalia.
Coverage Horizontal
SOMALIA
Since February 2016
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
Anti-Money Laundering and Countering the Financing of Terrorism Act, 2016
The Anti-Money Laundering and Countering the Financing of Terrorism Act mandates financial institutions to verify and authenticate the identities of their clients and to notify the relevant authorities of any doubtful transactions. As stated in Art. 9 of the Act, financial institutions are obligated to evaluate and manage the risks of money laundering and terrorist financing associated with all financial products and services, including remote transactions and innovative technologies, for all types of clients. It is reported that, as a result of the regulation, the agencies that are based outside of Somalia are confronted with high challenges when transferring money into Somalia as they are heavily scrutinized. The banks, including those in Kenya where most NGOs that operate in Somalia are based, are being encouraged to become stricter when transferring funds to Somalia.
Coverage Financial institutions
Sources
SOMALIA
Reported in 2021
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
The country lacks a de minimis threshold, which is the minimum value of goods below which customs do not charge duties and taxes.
Coverage Horizontal
SOMALIA
Since January 2021
Pillar Online sales and transactions |
Sub-pillar Licensing scheme for e-commerce providers
Ministry of Commerce and Industry Regulation 001/2021
Regulation 001/2021 (Table 3) imposes a cost of USD 300 for the service license "Internet and ICT Services". A government website also states that there is a specific license for "E-Commerce" (USD 300).
Coverage Internet and ICT Services
SOMALIA
Since 2019, last amended in 2020
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
Central Bank (Mobile Money) Regulations, 2019
Art. 24 of the Mobile Money Regulation states that the Central Bank may from time to time and in consultation with mobile money service providers set transaction limits for mobile money service providers, their agents and consumers including daily and periodic limits.
Coverage Mobile money
SOMALIA
Reported in 2021
Pillar Content access |
Sub-pillar Presence of Internet shutdowns
Presence of internet shutdown
According to the V-dem dataset, for the variable "v2smgovshut_osp" Somalia showed a 3.066 out of 4, indicating there have been a few occasions throughout the year 2021 that the government shutdown domestic access to Internet.
Coverage Horizontal
SOMALIA
Since January 2021
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Ministry of Commerce and Industry Regulation 001/2021
Regulation 001/2021 (Table 3) imposes a cost of USD 300 for the service license "Internet and ICT Services". A government website also states that there is a specific license for "Website Newspaper" (USD 300).
Coverage Internet and ICT Services
SOMALIA
Reported in 2017, 2019
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Blocking of commercial web content
It is reported that the Government of Somalia and the regional administration of Somaliland have blocked web content and platforms several times during the last years. In 2017, the Somaliland electoral commission asked telephone companies to block over a dozen social media platforms, including Facebook, Twitter, and Instagram, to prevent hate speech and fake news, while additional reports of blocking of independent news are found in 2019. In 2019, the Somali government temporarily blocked social media platforms during high school exams to prevent cheating and exam leaks. The blocking took place for 5 days and affected social media platforms such as Facebook, Twitter, WhatsApp, and YouTube.
Coverage Social media
Sources
- https://qz.com/africa/1126826/somaliland-is-blocking-facebook-twitter-linkedin-instagram-snapchat-and-viber-during-elections-to-avoid-fake-news
- https://www.ifj.org/es/centro-de-medios/noticias/detalle/category/press-releases/article/somalia-independent-news-websites-blocked-by-somaliland-and-puntland-courts.html
- https://qz.com/africa/1619810/somalia-to-block-social-media-during-national-high-school-exams
- https://english.aawsat.com/home/article/4055371/somalia-blocks-al-shabaab-accounts-social-media-%C2%A0#:~:text=Somalia's%20government%20has%20escalated%20its,%2C%20Telegram%2C%20Tiktok%20and%20YouTube
- Show more...
SOMALIA
Since December 2007, last amended in 2020
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Media Law Ref: 075/07
Art. 24 (b) of the Media Law Ref: 075/07 stipulates that it inadmissible is to print, publicize or reproduce written materials, literature, pictures and films without the reception of approval from the person directly concerned. According to the Committee to Protect Journalists (CPJ), the Media Law gives the government broad powers to control and censor the media.
Coverage Software
Sources
- https://www.article19.org/data/files/pdfs/laws/somalia-media-law.pdf
- https://unsom.unmissions.org/sites/default/files/unsom_freedomexpressionreport_aug312016.pdf
- https://cpj.org/wp-content/uploads/2020/10/Public-joint-letter-AI-HRW-and-CPJ-on-Somalia-Media-Law_Final_Publi-.pdf
- https://defenddefenders.org/wp-content/uploads/2020/10/Somalia-UPR-3rd-cycle-submission.pdf
- Show more...
SOMALIA
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for any activity other than copyright infringement
Lack of safe harbor for intermediaries for any activity other than copyright infringement
In Somalia, there is no safe harbor that protects intermediaries from liability in case of any unlawful activity of the users other than copyright infringement.
Coverage Intermediaries
Source
- N/F