It is reported that South Sudan does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there is an obligation of accounting separation.

It is reported that certain restrictions apply to obtaining a telecommunications licence, including differentiated conditions for foreign-controlled operators, a legal limit on the number of licences, a minimum capital requirement, and other licensing criteria. However, these restrictions are not explicitly outlined in the regulatory texts. The overall framework for licensing in the telecommunications sector is set forth in Chapter V of the National Telecommunication Act.

South Sudan has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

South Sudan has a telecommunications authority: The National Communication Authority. However, it is reported that this entity is not fully independent.

Section 241 of the Companies Act mandates that at least one director of the company should be a resident of South Sudan.

Pursuant to Section 84 of the Banking and Other Financial Institutions Act, all financial ledgers, as well as ancillary financial and non-financial records maintained by banking institutions, are required to be preserved within the territorial jurisdiction of South Sudan.

Section 21 of the Investment Promotion Act outlines the process for screening and approving FDI applications prior to the issuance of an investment certificate by the Southern Sudan Investment Authority. Section 22 specifies the conditions required for granting such a certificate, including provisions for job creation and technology transfer. It has been reported, however, that the government does not publicly disclose details regarding its application screening procedures.

It is reported that the legal structure for intellectual property rights (IPR) is weak, and enforcement is lax in South Sudan. While the 2009 Investment Promotion Act includes an article on the protection of IPR in Section 35, neither the legislature nor any government ministry implemented laws or regulations governing trademarks, copyrights, or patents. It is reported that limited protection is obtained through filing a cautionary notice.

South Sudan is not a party to the Patent Cooperation Treaty (PCT).

South Sudan does not have a law covering copyright protection.

Copyright is not adequately enforced online in South Sudan. It is reported that the legal structure for intellectual property rights (IPR) is weak, and enforcement is lax.

South Sudan has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.

South Sudan has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

South Sudan has no rules applicable to the protection of trade secrets. However, there has been a bill in this regard that has been pending approval since 2013.

There is an obligation for passive infrastructure sharing in the country to deliver telecom services to end users. According to Art. 53 of the National Communication Act, licensed operators shall share their infrastructure on the basis of commercial agreements entered into with each other. However, the Authority shall direct operators to share their infrastructure where it is in the public interest to do so.