Database

Browse Database

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

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)
"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":"103736"},{"post_id":"103737"},{"post_id":"103738"}]
"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

SPAIN

Since June 2014
Since November 2007

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU

Royal Legislative Decree 1/2007 of 16 November, Approving the Revised Text of the General Law for the Protection of Consumers and Users and Other Complementary Laws (Real Decreto Legislativo 1/2007, de 16 de noviembre, por el que se aprueba el texto refundido de la Ley General para la Defensa de los Consumidores y Usuarios y otras leyes complementarias)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Royal Legislative Decree 1/2007 of 16 November, Approving the Revised Text of the General Law for the Protection of Consumers and Users and Other Complementary Laws.
Coverage Horizontal

SPAIN

N/A

Pillar Online sales and transactions  |  Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Spain has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

SPAIN

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Spain has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

SPAIN

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Spain has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

SPAIN

Since May 2001
Since March 2011, as amended in December 2014
Since April 1996, as amended in March 2022
Since November 2014

Pillar Intermediary liability  |  Indicator Monitoring requirement
Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society

Law No. 2/2011, on a Sustainable Economy (Ley 2/2011, de 4 de marzo, de Economía Sostenible)

Royal Legislative Decree 1/1996, of 12 April 1996, Approving the Revised Text of the Intellectual Property Law, Regularising, Clarifying and Harmonising the Legal Provisions in Force on the Matter (Real Decreto Legislativo 1/1996, de 12 de abril de 1996, por el que se aprueba el texto refundido de la Ley de Propiedad Intelectual, por el que se regularizan, aclaran y armonizan las disposiciones legales vigentes en la materia)

Law No. 21/2014 (Ley 21/2014, de 4 de noviembre, por la que se modifica el texto refundido de la Ley de Propiedad Intelectual, aprobado por Real Decreto Legislativo 1/1996, de 12 de abril, y la Ley 1/2000, de 7 de enero, de Enjuiciamiento Civil)
Law No. 2/2011 amended the Spanish Copyright Act to create an administrative body – the Second Section of the Intellectual Property Commission – which orders injunctions against information society services that infringe on copyright. Its functioning was later amended by Law No. 21/2014. The IP Commission targets particularly websites providing links to infringing works in a purposeful and massive way; it may also require payment, advertising, and access service providers to stop providing their services to the infringer.
The Copyright Act also implements (Art. 31.1) the InfoSoc Directive (2001/29/EC) mandatory exception for temporary acts of reproduction which are transient or incidental, have no independent economic significance, and are an integral and essential part of a technological process whose sole purpose is to enable (a) a transmission in a network among third parties by an intermediary, or (b) a lawful use. It also provides that (Arts. 138, 139.1.h, 141.6) copyright owners may ask for injunctions, where appropriate, against an intermediary whose services are resorted to by a third party to infringe copyright, even where the intermediary’s activity is not infringing in itself. The Copyright Act creates (Art. 32) a compulsory levy on news aggregators, and lastly, it establishes (Art. 138) inducement, contributory and vicarious liability for copyright infringements.
Coverage Horizontal

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