SUDAN
Since July 2009
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Press and Publications Act, 2009
According to Art. 9 of the Press and Publications Act 2009, the National Council on Press and Publications (NCPP) issues practical approvals for press companies, institutions, presses, publishers, distributors, service centres and advertising agencies.
For newspapers and other forms of press-related publications to be duly published, the following requirements must be met:
- Obtain a permit from the NCPP upon payment of the fees provided for in the Regulations (Art. 21.a);
- Authorisations/licences may be renewed on an annual basis upon payment of the fees provided for in the Regulations (Art. 21.b).
It is reported that the cost of issuing the licence for each media service and news site is SDP 400,000 (approx. USD 900).
For newspapers and other forms of press-related publications to be duly published, the following requirements must be met:
- Obtain a permit from the NCPP upon payment of the fees provided for in the Regulations (Art. 21.a);
- Authorisations/licences may be renewed on an annual basis upon payment of the fees provided for in the Regulations (Art. 21.b).
It is reported that the cost of issuing the licence for each media service and news site is SDP 400,000 (approx. USD 900).
Coverage Media services
Sources
- https://web.archive.org/web/20230105171051/https://redress.org/wp-content/uploads/2021/09/2009-Press-and-Publications-Act-English.pdf
- https://web.archive.org/web/20251003163303/https://freedomhouse.org/country/sudan/freedom-net/2023
- https://web.archive.org/web/20231101002231/https://menarights.org/sites/default/files/2016-11/The%20press%20and%20printed%20press%20material%20act%202009%20(AR).pdf
- Show more...
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
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
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
SUDAN
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
Sudan has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments. In fact, Sudan is not a member of the WTO.
Coverage Telecommunications sector
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 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
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
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
SUDAN
Since August 1971
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Patents Act, 1971 - Act No. 58 of 1971
قانون براءات الاختراع لسنة 1971 قانون رقم 58 لسنة 1971
قانون براءات الاختراع لسنة 1971 قانون رقم 58 لسنة 1971
According to Art. 12.1 (a) of the Patents Act, the complete name and address of the patent applicant are required. The applicants with an address outside of Sudan must provide a local address for their activity within the country.
Coverage Horizontal
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
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
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 Phonograms 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
