South Sudan is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.

Section 323.4 of the Companies Act stipulates that small companies shall be exclusively owned by South Sudanese nationals. According to Section 323.3, a company qualifies as a small-sized private company if its turnover for the preceding accounting period is below a threshold specified by the government, it employs no more than seven individuals, and its share capital does not exceed an amount prescribed by the government. Furthermore, Section 323.5 mandates that financially capable South Sudanese nationals must hold a minimum of 31% of the shares in medium and large private companies. Section 323.6 defines a medium or large private company as one with share capital not less than an amount prescribed by the government. These regulatory restrictions reportedly extend to sectors pertinent to digital trade, including telecommunications, internet services, and computer-related services.

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

Section 38.5(i) of the Public Procurement and Disposal of Assets Act provides that an exclusive preference can be given to citizens of South Sudan if the funding is fully from the government of South Sudan and under the prescribed threshold (which is not specified in the law).

Section 38.2 of the Public Procurement and Disposal of Assets Act provides that the Minister can prescribe preferences and/or reservations in public procurement in consideration of economic and social development factors to disadvantaged groups, small and medium enterprises (SMEs), women, youth and people with disabilities. Section 38.5(iii) states that a prescribed margin of preference may be given in the evaluation of bids to candidates offering manufactured goods.
Moreover, Section 41.2.b establishes that evaluation criteria relating to public procurement may include a margin of preference up to 15% for the benefit of national providers or domestically produced supplies or any other preference if authorised or required by the regulations made under this Act or other provisions of applicable law.

It is reported that bidding and tender information is not publicly available.

All businesses operating in Somalia must be registered either with the Federal Ministry of Commerce and Industry or with the competent authority of the relevant Federal Member State. Under Art. 7 of Law No. 001/2021 on the Regulation of Company Law, the Registrar of Companies issues each incorporated private or public company with a unique business licence number, which functions as a general business licence aligned with the licensed activity. Art. 9 further provides that companies engaged in activities subject to prior approval under other Somali laws may not commence operations until they obtain the necessary sectoral authorisations in addition to this general licence.
According to the online Company Registrar/eBusiness portal, this framework is implemented through specific licence categories, including a dedicated e-commerce store licence (Dukaamada Dhijitaalka ah ee Ganacsiga) and a “General Retail & E-Commerce” licence (Tafaariiqda iyo Dhijitaalka Guud) for domestically established retail and online trading businesses.

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. It is reported that mobile money transfer companies should limit daily transactions to USD 300 per account and conduct biometric registration of their customers.

Somalia does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.

Somalia lacks a consumer protection framework in place.

Somalia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.

Somalia has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.

Somalia has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.

All businesses operating in Somalia must be registered either with the Federal Ministry of Commerce and Industry or with the competent authority of the relevant Federal Member State. Under Art. 7 of Law No. 001/2021 on the Regulation of Company Law, the Registrar of Companies issues each incorporated private or public company with a unique business licence number, which functions as a general business licence aligned with the licensed activity. Art. 9 further provides that companies engaged in activities subject to prior approval under other Somali laws may not commence operations until they obtain the necessary sectoral authorisations in addition to this general licence.
According to the online Company Registrar/eBusiness portal, this framework is implemented through specific licence categories, including a “General Non-Foodstuffs Import” licence (Soo-dejinta guud ee Badeecooyinka aan Cuntada ahayn) and a “Combined Import and Export” licence (Soo-dejinta iyo Dhoofinta).