Database

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SIERRA LEONE

N/A

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional and accounting separation for dominant network operators
It is reported that Sierra Leone does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector

SIERRA LEONE

Since August 2006, last amended in 2009
Since November 2020

Pillar Telecom infrastructure & competition  |  Indicator Licensing restrictions to operate in the telecom market
Telecommunications Act, 2006 (No. 9)

Telecommunications (Licensing) Regulations, 2020
Telecommunications operators are required to obtain licenses. However, approval for a license is not required for agreements between two local companies. Also, the licensing regime is reported to be restrictive, as it imposes lengthy lengthy processes on new market entrants. According to Section 20 of the Telecommunications Act, no person shall engage in any activity as a telecommunications operator unless they have been licensed for that purpose by the National Telecommunication Commission (NATCOM). Section 2 of the Telecommunications (Licensing) Regulations confirms the need for business licenses and authorisations for telecommunications, broadband communications and ancillary services in Sierra Leone.
Section 50 of the Telecommunications Act places additional scrutiny on agreements between local and foreign public telecommunications companies. It states that all agreements between local and foreign telecommunications companies should be submitted to the Commission for approval or modification of any terms. In considering the agreement for approval, the Commission shall take into account any exclusionary or discriminatory practices of the foreign-based service providers and telecommunications authorities and shall ensure that the local service providers are not subjected to unreasonable terms or discrimination.
Coverage Telecommunications sector

SIERRA LEONE

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
Sierra Leone has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

SIERRA LEONE

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the National Telecommunications Commission (NATCOM), 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

SIERRA LEONE

Since July 2016

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
National Civil Registration Act 2016 (No. 14)
Sections 28.3 and 34.2 of the Civil Registration Act mandate that the civil register, which contains personal data of residents, be maintained and kept at the chiefdom, district and national level. Likewise, the personal registration file should be kept in the region, district, or chiefdom of the individual. This is applicable to personal data stored in the Civil Register.
Coverage Public sector

SIERRA LEONE

Since November 2020

Pillar Cross-border data policies  |  Indicator Infrastructure requirement
Telecommunications Subscribers Identification and Registration Management Regulations, 2020
Sections 19.1 and 19.2 of the Telecommunications Subscribers Identification and Registration Management Regulation empowers the National Telecommunications Commission to establish and maintain a central electronic database of communications service subscribers, in which all subscribers' information shall be stored. The database shall be housed either within the Commission or in another location as may be determined by the Commission.
According to Sections 22.3 and 22.4, the transfer and utilisation of subscribers' data outside the country are subject to the provision of justification for the data use, the approval of the Commission, and the assurances of the security and confidentiality of the data/information.
Coverage Telecommunications sector

SIERRA LEONE

N/A

Pillar Cross-border data policies  |  Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Sierra Leone has not joined any free trade agreement committing to open transfers of cross-border data flows.
Coverage Horizontal

SIERRA LEONE

N/A

Pillar Domestic data policies  |  Indicator Framework for data protection
Lack of comprehensive data protection law
Sierra Leone does not have a comprehensive data protection law. However, there are provisions for data protection in the legal frameworks governing the operations of some sectors. For example, in the telecommunications sector, Section 78 of the Telecommunications Act makes it a criminal offence for anyone engaging in the provision of telecommunications services to disclose to any unauthorised person information or data s/he comes across as part of his lawful duty in respect of any customer or user of the telecommunications services. Also, Section 21 of the Telecommunications Subscriber Regulations states that a licensed service provider shall take reasonable steps to ensure the security and confidentiality of the subscriber’s registration and prevent corruption, loss or unauthorised disclosure of the information. There are also provisions for data protection in the financial sector. Section 35 of the Lenders and Borrowers Act states that a lender or a person who acts on behalf of a lender shall not disclose information obtained from a borrower unless the information is required under any other law or by a court of competent jurisdiction.
Coverage Horizontal

SIERRA LEONE

Since November 2020

Pillar Domestic data policies  |  Indicator Minimum period for data retention
Telecommunications Subscribers Identification and Registration Management Regulations, 2020
Section 19.4 of the Telecommunications Subscribers Regulations provides that the service provider shall, on a monthly basis or at such regular interval as the Commission may specify, transmit to the Commission all subscriber's information captured in their subscribers registers within the preceding month or such period as stipulated by the Commission in accordance with these Regulations. Section 20 of the Regulations also mandates licensed operators to capture, record and transmit to the central subscriber's information database the particulars of all its sales. The regulations do not specifically say for how long the data may be stored; they only mention the frequency at which the data should be transmitted to the Commission. However, Section 32(1-2) of the Regulations states that a subscriber intending to utilise one or more mobile universal integrated service cards, fixed telephone lines or internet connections that has been registered in its name, for allocation to a third party shall, before handing over a universal integrated service card or providing access to any telecommunication service, record the particulars and the date on which the utilisation commenced and the period for which the third party shall utilise the communications service. This information registered shall be stored for a minimum period of three years.
Coverage Telecommunications sector

SIERRA LEONE

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
Sierra Leone has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
"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 = 'SL')\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":"103190"},{"post_id":"103191"},{"post_id":"103192"}]
"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 = 'SL')\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 = 'SL')\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"}]

SIERRA LEONE

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)
13.18%
Coverage rate of zero-tariffs on ICT goods (%)
2.61%
Coverage: ICT goods

SIERRA LEONE

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)
Sierra Leone is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods

SIERRA LEONE

Since February 2016

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Public Procurement Act 2016 (No. 1)
Section 40 of the Public Procurement Act requires the procuring entity to employ international competitive bidding procedures when the estimated contract amount is higher than the value threshold specified in the First Schedule of the Public Procurement Act, namely:
- SLE 600 Million (USD 30,400 approx.): in the case of contracts for the procurement of goods and services;
- SLE 900 Million (USD 45,600 approx.): in the case of contracts for the procurement of works.
Moreover, international competitive bidding procedures may be used when effective competition cannot be obtained unless foreign firms are invited to bid or where the goods, works, or services are not available under competitive price and other conditions from three or more suppliers in Sierra Leone.
Coverage Horizontal

SIERRA LEONE

Since February 2016
Since March 2020

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Public Procurement Act 2016 (No. 1)

The Public Procurement Regulations, 2020
Section 36 of the Public Procurement Act empowers the contracting entity to grant a margin of preference to enhance the advantage of domestic suppliers, contractors and goods. The margin of preference is to be calculated in accordance with the regulations and reflected in the record of the procurement processes and is subject to the authorisation of the National Public Procurement Authority. Regulation 75 of the Public Procurement Regulations clarifies that the percentage of preference in schemes issued by the Authority must be between 5% and 12%.
Coverage Horizontal

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