SUDAN
Since May 2021
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Investment (Encouragement) Act, 2021
According to Art. 22.1 of the Investment (Encouragement) Act, a minimum foreign capital for foreign investors is required. It is reported that the amount must be not less than USD 250,000 or its equivalent of the foreign currencies admissible by the Central Bank of Sudan as evidence of commitment. It is expected that the regulations will specify the relevant authority to which the investor is entitled to pay such amount, given that it is not determined under the New Investment Act. Such an amount will be used to finance the relevant project after obtaining the license (Art. 22.2).
Coverage Horizontal
SUDAN
Since June 2010
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Purchasing, Contracting and Surplus Disposal Act 2010
The Purchasing, Contracting and Surplus Disposal Act implements some limitations on foreign participation in public procurement, including:
- Foreign bidders must use specific services from local suppliers and ensure that not less than 20% of the project is undertaken by Sudanese contractors (Art. 14.16);
- All contractors are obligated to purchase the tools and equipment they need for the purpose of implementing their contracts from the Sudanese agents in Sudan, they are not allowed to import directly from abroad except in cases they cannot find their needs in Sudan (Art. 14.17);
- Government agencies must encourage Sudanese industries and products and prefer them over foreign ones as long as it meets the purpose for which the purchase was decided (Art. 14.19).
- National products and industries may be purchased if their prices exceed a maximum of 10%, other products manufactured overseas are acceptable as long as they meet the required specifications (Art. 14.20).
- Foreign bidders must use specific services from local suppliers and ensure that not less than 20% of the project is undertaken by Sudanese contractors (Art. 14.16);
- All contractors are obligated to purchase the tools and equipment they need for the purpose of implementing their contracts from the Sudanese agents in Sudan, they are not allowed to import directly from abroad except in cases they cannot find their needs in Sudan (Art. 14.17);
- Government agencies must encourage Sudanese industries and products and prefer them over foreign ones as long as it meets the purpose for which the purchase was decided (Art. 14.19).
- National products and industries may be purchased if their prices exceed a maximum of 10%, other products manufactured overseas are acceptable as long as they meet the required specifications (Art. 14.20).
Coverage Horizontal
SUDAN
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA)
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
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Investment (Encouragement) Act, 2021
According to Art. 18 of the Investment (Encouragement) Act, the foreign investment is banned in some sectors specified by the Minister. It is reported that foreign capital participation is banned in most telecommunications and media, including newspaper publishing.
Coverage Horizontal
SUDAN
Since June 2010
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Purchasing, Contracting and Surplus Disposal Act 2010
Chapter 5 of the Purchasing, Contracting and Surplus Disposal Act stipulates that:
- Priority in contracting to carry out works shall be given to Sudanese individuals and institutions licensed to operate according to this Act (Art. 14.14); and
- 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).
- Priority in contracting to carry out works shall be given to Sudanese individuals and institutions licensed to operate according to this Act (Art. 14.14); and
- 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).
Coverage Horizontal
SUDAN
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar 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). In fact, Sudan is not a member of the WTO.
Coverage ICT goods
SUDAN
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Effective tariff rate to ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
12.10%
Coverage rate of zero-tariffs on ICT goods (%)
33.20%
Coverage: Digital goods
TURKMENISTAN
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Turkmenistan 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
TURKMENISTAN
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Turkmenistan 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
TURKMENISTAN
N/A
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
Turkmenistan lacks a comprehensive framework for consumer protection that applies to online transactions.
Coverage Horizontal
TURKMENISTAN
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention of Electronic Communications
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Turkmenistan has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
TURKMENISTAN
N/A
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Turkmenistan does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal
TURKMENISTAN
Reported in 2023
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
Restrictions to online payments
Online payment options are reported to be limited in Turkmenistan as well as the access to internationally accepted credit or debit cards. The lack of currency convertibility is reported to be a major obstacle to e-commerce or any type of foreign transaction in Turkmenistan. Indeed, it is reported that strict currency controls have resulted in the black market exchange rate for dollars averaging more than five times the official rate in 2020-2021. As a result, companies are unable to repatriate profits or convert local currency into dollars to import supplies and equipment. This is despite the Art. 32 of the Law About Trade Activities, which states that restrictions on the use of electronic means of payment (cards) are not allowed unless otherwise provided by Turkmen legislation.
Coverage Horizontal
TURKMENISTAN
Since December 2014, last amended in November 2021
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Restrictions on encryption standards
Law of Turkmenistan No. 159-V About legal regulation of development of the Internet and rendering Internet services in Turkmenistan (Türkmenistanyň Kanuny № 159-V Türkmenistanda Internet torunyň ösüşini we internet-hyzmatlaryny etmegi hukuk taýdan düzgünleşdirmek hakynda)
According to Arts. 30 and 31 of Law of Turkmenistan No. 159-V about legal regulation of development of the Internet and rendering Internet services in Turkmenistan, operators of Internet network services and Internet users are liable for using non-certified means of cryptographic protection of information. However, the encryption certification requirements or a list of certified encryption programs have not been found.
Coverage Encryption programs
TURKMENISTAN
Since March 2010, last amended in November 2021
Since December 2013, last amended in June 2018
Since December 2013, last amended in June 2018
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Self-certification for product safety
Law of Turkmenistan No. 93-IV About communication (Türkmenistanyň Kanuny № 93-IV Aragatnaşyk hakynda)
Law of Turkmenistan No. 459-IV About certification (Türkmenistanyň Kanuny № 459-IV Sertifikatlaşdyrmak hakynda)
Law of Turkmenistan No. 459-IV About certification (Türkmenistanyň Kanuny № 459-IV Sertifikatlaşdyrmak hakynda)
Art. 30 of Law No. 93-IV provides that all technical means of communication used in the telecommunications or communication systems of Turkmenistan, including end devices, are subject to certification for compliance with state standards, technical conditions and other norms in accordance with the legislation of Turkmenistan. Art. 16 of Law No. 459-IV states that a certificate of conformity is issued when the product's compliance with the established requirements is confirmed by an authorized agency or other government agency, and based on it, the product manufacturer, developer, executor, seller, shipper has the right to use the state conformity mark. In addition, Art. 18 of the same law establishes that documents confirming the quality and safety of the product received outside the territory of Turkmenistan are recognized in accordance with the international agreements of Turkmenistan. In the absence of an international agreement, recognition of documents confirming the quality and safety of the product is carried out in accordance with the procedure established by the competent authority.
Coverage Technical means of communication used in the telecommunications or communication systems