Database

Browse Database

SOMALIA

N/A

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA)
Lack of signature of the WTO Government Procurement Agreement
Somalia is not a signatory of the WTO Government Procurement Agreement (GPA).
Coverage Horizontal

SOMALIA

Since December 2015

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Public Procurement, Concessions and Disposal Act
Art. 134 (1) of the Public Procurement, Concessions and Disposal Act establishes that an entity shall use National Competitive Bidding where it is concluded that: (a) there is the availability of adequate technology in Somalia for the project of the Concession; (b) the expected capital outlay is capable of being raised by local businesses; (c) the concession falls within the area of the economy which is by law restricted to Somalis. Art. 134 (2) clarifies that where National Competitive Bidding is used, domestic bidders are targeted to participate, but does not restrict participation by the foreign bidders. Therefore, this article can be interpreted as a preference for local companies.
Coverage Horizontal

SOMALIA

Since December 2015

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Public Procurement, Concessions and Disposal Act
Art. 34 of the Public Procurement, Concessions and Disposal Act establishes a margin of domestic preference. A Procuring Entity may subject to such other criteria and provisions as may be set out in the Regulations, grant a margin of domestic preference in the evaluation of bids under open competitive bidding to: a. Bids offering goods that are manufactured, mined, extracted, or grown in Federal Republic of Somalia when compared to bids offering goods manufactured, mined, extracted or grown in a foreign country; and b. Bids by domestic contractors when compared to bids offered by foreign contractors. The margin of domestic preference shall be 15% for goods and 10% for contractors and shall be stated in the bidding documents.When there is the interest of the development of a target group of providers, a community, or a sub-sector of the economy, the Procuring Entity may decide to limit participation by applying a preference scheme in its procurement proceedings.
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 = 'SO')\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":"24090"},{"post_id":"24091"},{"post_id":"24092"}]
"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 = 'SO')\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 = 'SO')\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"}]

SOMALIA

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)
2.87%
Coverage rate of zero-tariffs on ICT goods (%)
49.3%
Coverage: Digital goods

SOUTH SUDAN

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
South Sudan 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

SOUTH SUDAN

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
South Sudan does not have a legal framework that applies consumer protection to online transactions. The Consumers Protection Act 2011 provides general information, but it does not apply online.
Coverage E-commerce sector

SOUTH SUDAN

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the UN Convention of Electronic Communications
Lack of ratification of the UN Convention of Electronic Communications
South Sudan is not a member to the United Nations Convention of Electronic Communications.
Coverage Horizontal

SOUTH SUDAN

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
South Sudan 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

SOUTH SUDAN

N/A

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Lack of threshold for ‘De Minimis’ rule
It is reported that South Sudan does not have a de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal

SOUTH SUDAN

Since December 2017
Since December 2017

Pillar Online sales and transactions  |  Sub-pillar Restrictions on online payments
Electronic Money Regulation, 2017

Bank of South Sudan Anti-Money Laundering Policy Manual
Art. 15 of the Electronic Money Regulation establishes that the e-money service provider must strictly enforce KYC procedures based on a risk-based approach that determines the different risk categories in implementing customer identification. Using the risk based approach related to anti-money laundering and counter terrorist financing, mobile money accounts have been categorized in the following three levels:
- Tier 1: entry level accounts with simplified KYC, which are subject to lower transaction limits and limited documentation requirements for account opening. They have maximum balance limit of SSP equivalent of USD 1,000, aggregate daily transaction limit of South Sudanese Pounds (SSP) equivalent of USD 250 and aggregate monthly transaction limit of SSP equivalent of USD 2,000 transactions;
- Tier 2: accounts with partial KYC which have higher limits and stricter account opening requirements. They have maximum balance limit of SSP equivalent of USD 4,000, aggregate daily transaction limit of SSP equivalent of USD 1,000 and aggregate monthly transaction limit of SSP equivalent of USD 8,000 transactions.
- Tier 3: accounts with full KYC requirement. Accounts with full KYC have higher limits in order to be used for corporate payments and government payments. They have maximum balance limit of SSP equivalent USD 10,000, aggregate daily transaction limit of SSP equivalent USD 2,000, and aggregate monthly transaction limit of SSP equivalent USD 20,000 transactions.
Business to person transfers generated by limited liability companies can have higher limits, if specifically authorized by the BoSS. If a customer has two e-money accounts with the same e-money provider, one in USD and another in SSP, the limits apply to the aggregate balance and transaction limits of each account, meaning. Over-the-counter transactions are subject to a single transaction limit of SSP equivalent of USD 1,000 transactions.
More information about the Electronic Money Regulation can be found in the Bank of South Sudan Anti-Money Laundering Policy Manual.
Coverage E-money service providers

SOUTH SUDAN

Reported in 2022

Pillar Online sales and transactions  |  Sub-pillar Restrictions on online payments
Online payment restrictions
It is reported that users of the two main mobile payment providers (mGurush and Nilepay) must have a bank account, while over 90% of South Sudanese do not have one. It is also reported that the ability to exchange local currency for foreign currency is severely restricted due to South Sudan’s lack of correspondent banking relationships. Some international businesses have complained that the inability to repatriate proceeds has hurt their businesses.
Coverage Horizontal

SOUTH SUDAN

Since March 2012

Pillar Online sales and transactions  |  Sub-pillar Maximum foreign equity share for investment in e-commerce sector
The Companies Act, 2012
Section 323 of the Companies Act allows non-South Sudanese to invest in medium and large size companies on the condition a South Sudanese has at least a 31% share. On the other hand, small size private companies must be the domain of South Sudanese nationals only. This affects all investment, including in the e-commerce sector.
Coverage Horizontal

SOUTH SUDAN

Since May 2021

Pillar Technical standards applied to ICT goods, products and online services  |  Sub-pillar Self-certification for product safety
Mandatory national certification
It is reported that all products imported into South Sudan, including electrical and electronic goods, are subject to the Pre-Export Verification to Conformity (PVoC) program and must be accompanied by a Certificate of Conformity (CoC), which is a mandatory clearance document for each consignment. The program covers all products being imported into South Sudan with a value above USD 2,000 and applies to all countries. The objective of the program is the verification of conformity to South Sudan standards or other approved standards and technical regulations.
Coverage Horizontal

SOUTH SUDAN

Since June 2012

Pillar Quantitative trade restrictions for ICT goods, products and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
National Communication Act, 2012
Section 28 and 30 of the National Communication Act, 2012 restrict the use, imports or trade of any communication equipment or materials, except under a licence issued by the Authority.
Coverage Communication equipment

SOUTH SUDAN

Reported in 2021

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Identity requirement for SIM cards
Mandatory SIM registration is reported. Telecom companies are required to collect and record a user’s personal information and proof-of-identity documentation.
Coverage Telecommunications sector