Database

Browse Database

SUDAN

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Presence of independent telecom authority
Lack of an independent telecom authority
Sudan has one telecommunications authority: Telecommunications and Postal Regulatory Authority (TPRA). However, it is reported that the decision-making process of this body is not fully independent of the government. The Transitional Sovereignty Council (TSC) separated the TPRA from the Ministry of Defence and placed it under its direct administration. Previously, the TPRA was under the Ministry of Information.
Coverage Telecommunications sector

SUDAN

Reported in 2020

Pillar Cross-border data policies  |  Sub-pillar Ban to transfer and local processing requirement
Ban to transfer and local processing requirement
The laws do not mention the limitation to transfer data in a foreign country, but it is reported that de facto there is limitation to transfer 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

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
Sudan does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, it is reported that there is an obligation of accounting separation. The relevant law has not been found.
Coverage Telecommunications sector

SUDAN

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar 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 and competition  |  Sub-pillar Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in Sudan to deliver telecom services to end users. It is practiced in the mobile sector and in the fixed sector based on commercial agreements. However, the relevant law has not been found.
Coverage Telecommunications sector

SUDAN

Reported in 2023

Pillar Telecom infrastructure and competition  |  Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The government owns 30% of the shares of Sudatel, a telecom operator.
Coverage Telecommunications sector

SUDAN

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
Lack of signature of the WIPO Performances and Phonogram 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)  |  Sub-pillar 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

SUDAN

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature 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

Since April 1984

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty
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)  |  Sub-pillar Copyright law with clear exceptions
Copyright and Neighbouring Rights Protection and Literal and Artistic Works Act, 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 purpose, quotations, transfer or copying from newspaper, copying for legal proceedings, news reports, photocopying in libraries and publishing by mass media.
Coverage Horizontal

SUDAN

Reported in 2022

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Screening of investment
It is reported that equity investors undergo a detailed screening process known as "due diligence" procedure. The report defines "equity" as ownership stake in a company.
Coverage Horizontal

SUDAN

Since 2015

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Commercial presence requirement for digital services providers
Companies Act 2015
According to Art. 33 of the Companies Act 2015, companies established outside Sudan and wishing to conduct business in Sudan must register a branch in Sudan. Companies contracted to implement projects in Sudan must establish a branch in Sudan for the sole purpose and period of the project's implementation (Art. 34).
Coverage Horizontal

SUDAN

Since August 1971

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the application process for patents
Patents Act, 1971 - Act No. 58 of 1971
According to Art. 12.1 (a) of 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 2015

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Nationality/residency requirement for directors or managers
Companies Act 2015
According to Art. 39.2 of the Companies Act, at least one of the directors in the board of any company must be a resident of Sudan.
Coverage Horizontal