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Invest in the electronic communications field

Invest in the electronic communications field
I. ACTIVITIES RELATED TO ELECTRONIC COMMUNICATIONS

The operating regime applicable to each kind of network, including radioelectric networks, and to different operable e-communications services , is laid down by the provisions of Executive Decree N. 21-44 of January 17th, 2021 establishing the operating regime applicable to each kind of network open to the public as well as to e-communications services pursuant to Article 122 of Law 18-04 dated on May 10th , 2018, laying down the general rules related to the post and e-communications.

The operating regime can take the form of a license, a general authorization or a simple declaration.

1. Activities subject to licensing regime

Pursuant to the provisions of Articles 123-130 of Law NO 18-04, the license shall be granted to any natural or legal person having succeeded  in a call for tender, who undertakes to observe the terms stipulated in the specifications.

The license granted for a period predetermined in the specifications shall be subject to an executive decree defining the pertaining warranties.

The license shall be delivered in return for a financial compensation.

A. LANDLINE PHONE

The setting up and/or exploitation of a public e-communications network providing international landline services, shall be subject to the specifications.

  • Procedure

The Minister in charge of Telecommunications shall take the decision of embarking on the procedure applicable to the competitive bidding for granting licenses, on his own initiative after consultation of the Regulatory Authority or upon the latter’s proposal, based on convenience file. In this case, the Minister in charge of Telecommunications must give his decision within one month. (Article 3, Executive Decree 01-124 of May 9th, 2001)

  • Renewal

The duration of the license shall not exceed fifteen (15) years. This duration shall be defined in the specifications that set forth the terms of its renewal. (Article 18, Executive decree 01-124 of May 9th, 2001)

Based on an application submitted to the Regulatory authority twelve (12) months before the expiry of the period of license validity, the license  can be renewed once or many times for periods not exceeding five (05) years each.

B. MOBILE TELEPHONY (GSM- 3G, 4G) VSAT and GMPCS
  • Procedures

The procedures for granting  licenses  for these activities are subject to the provisions of Executive Decree 01-124 of May 9th, 2001 defining the procedure applicable to competitive bidding for granting  licenses pertaining to telecoms fields.

The Minister in charge of Telecommunications shall take the decision of embarking on the procedure applicable to competitive bidding for granting licenses, on his own initiative after consultation of the Regulatory Authority or upon proposal by the latter based on convenience file.
In this case, the Minister in charge of Telecommunications must give his decision within one month.

  • Renewal

The duration of the license shall not exceed fifteen (15) years. This duration shall be defined in the specifications.

Based on an application submitted to the Regulatory Authority twelve (12) months before the expiry of period of license validity, the license can be renewed, once or many times, for periods not exceeding five (05) years each.

2. Activities subject to general authorization regime

Pursuant to the provisions of Articles 131-134 of Law 18-04, the general authorization shall be granted to any natural or legal person committing to observe the terms related to the setting, operation and/or provision of e-communications services.

The terms of general authorization and its operation are subject to the provisions of Executive Decree 22-39 of January 10th, 2022 defining the conditions for granting general authorization to create, operate and/or provide e-communications services for the public, as well as the pertaining financial compensation, royalty fees and annual contributions , and the provisions of the decision  dated on July 27th, 2022 defining the model specifications relating to e-communications services aimed for the public which are subject to the general authorization regime.

Any natural or legal person forming a company pursuant to the Algerian Law and desiring to set up, operate and/or provide e-communications services nationwide in accordance with the general authorization regime, shall submit a general authorization application to the Regulatory Authority.

Are subject to the general authorization regime the following services:

1- Internet access supply services;

2- Surtaxed interactive e-communications services, including audiotex services;

3- Radio positioning and/or satellite radio positioning and radio geolocation services;

4- Services of cloud hosting and storage via Cloud Computing;

5- services d’hébergement et de stockage de données en Cloud Computing;

6- Call center.

2.1 INTERNET ACCESS SUPPLY SERVICES
  • Procedures (new application)

The file of a new application for general authorization shall comprise the following:

The documents required pursuant to Ministerial Order of July 27th, 2022 , defining the standard specifications related to e-communications services to the public under the general authorization regime, are:

  • An application to the General Director of the Regulatory Authority;
  • A technical and commercial project description:
    • a detailed description of the planned services;
    • the detailed architecture of the infrastructure, the planned connection method, specifying in particular the equipment type;
    • the data safety systems to be adopted;
    • the addresses of Points of Presence (PoP) and/or hotspots with the coverage zones and the connection methods to the planned e-communications network.
  • A letter of appointment of the legal representative and the contact person with their personal details pursuant to the models available on the website;
  • Information sheet according to the model published in the Order of July 27th, 2022 defining the standard specifications concerning e-communications services to the public under the general authorization regime (Appendix A.2), downloadable on the website.

The documents required pursuant to Executive Decree n° 39-22 of January 10th, 2022 establishing the terms for granting the general authorization for the setting up, operation and /or provision of e-communications services for the public as well as the pertaining financial compensation, royalty fees and annual contributions, are:

  • The nature, commercial and technical features of the planned project;
  • Information about the financial and technical capacity of the applicant to carry out the planned project;
  • A copy of the identity card of the applicant, if physical person, or of the legal representative, if legal person;
  • A copy of the legal person’s statutes;
  • Company’s annual statements of the last two financial years (if any) for legal person;
  • Description of the current commercial and industrial activities (if any).
  • Renewal

The file of authorization renewal shall contain the following documents:

  • An application for general authorization renewal addressed to the General Director of the Regulatory Authority,
  • Proof of payment of file handling fees amounting to twenty eight thousand Algerian dinars (28000 DZD) exclusive of tax for the Regulatory Authority of Post and Electronic Communications (ARPCE).
2.2. VOICE OVER INTERNET PROTOCOLE SERVICES (VoIP)
  • Procedures (new application)

The file of a new authorization application shall contain the following documents:

The documents required pursuant to the Ministerial Order of July 27th, 2022 defining the standard specifications of e-communications services  to the public  under the general authorization regime, are:

  • An application to the General Director of the Regulatory Authority;
  • A technical and commercial project description:
    • a detailed description of the planned services and the access methods and conditions;
    • a technical description of the proposed infrastructure and the planned associated software and equipment , indicating its architecture and connection methods to e-communications networks open to the public;
    • A letter of appointment of the legal representative and the contact person with their personal details pursuant to the models available on the website.
  • Information sheet according to the model published in the Order of July 27th, 2022 defining the standard specifications concerning e-communications services to the public coming under the general authorization regime (Appendix B.1), downloadable from the website.

The documents required pursuant to the Executive Decree n° 22-39 of January 10th, 2022 establishing the terms for granting the general authorization for the setting up, operation and /or provision of the e-communications services for the public as well as the pertaining financial compensation, royalty fees and annual contributions, are:

  • The nature, commercial and technical features of the planned project;
  • Information about the financial and technical capacity of the applicant to carry out the planned project;
  • A copy of the identity card of the applicant, if physical person, or of the legal representative, if legal person;
  • A copy of the legal person’s statutes;
  • Company’s annual statements of the last two financial years (if any) for legal person;
  • Description of the current commercial and industrial activities (if any).

 

  • Renewal

The file of authorization renewal shall contain the following documents:

  • An application for general authorization renewal addressed to the General Director of the Regulatory Authority,
  • Proof of payment of file handling fees amounting to twenty eight thousand Algerian dinars (28000 DZD) exclusive of tax for the Regulatory Authority of Post and Electronic Communications (ARPCE).
2.3. SURTAXED INTERACTIVE E-COMMUNICATIONS SERVICES, INCLUDING AUDIOTEX SERVICES
  • Procedures (new application)

The file of a new authorization application shall contain the following documents:

The documents required pursuant to the Ministerial Order of July 27th, 2022, defining the standard specifications of e-communications services to the public under the general authorization regime, are:

  • An application to the General Director of the Regulatory Authority;
  • A description of the technical solution (platform, pertaining software, internet provider, connection type and speed);
  • A letter of appointment of the legal representative and the contact person with their personal details pursuant to the models available on the website;
  • Information sheet according to the model published in the Order of July 27th, 2022, defining the standard specifications concerning e-communications services to the public under the general authorization regime (Appendix C.1), downloadable from the website.

The documents required pursuant to the Executive Decree n° 22-39 of January 10th, 2022 establishing the terms for granting the general authorization for the setting up, operation and /or provision of e-communications services for the public as well as the pertaining financial compensation, royalty fees and annual contributions, are:

  • The nature, commercial and technical features of the planned project;
  • Information about the financial and technical capacity of the applicant to carry out the planned project;
  • A copy of the identity card of the applicant, if physical person, or t of the legal representative, if legal person;
  • A copy of the legal person’s statutes;
  • Company’s annual statements of the last two financial years (if any) for legal person;
  • Description of the current commercial and industrial activities (if any).

 

  • Renewal

The file of authorization renewal shall contain the following documents:

  • An application for general authorization renewal addressed to the General Director of the Regulatory Authority;
  • Proof of payment of the file handling fees amounting to twenty eight thousand Algerian dinars (28000) exclusive of tax for the Regulatory Authority of Post and E-Communications (ARPCE).
2.4. RADIO POSITIONING AND/OR SATELLITE RADIO POSITIONING AND RADIO GEOLOCATION SERVICES
  • Procedures (new application)

The file of a new authorization application shall contain the following documents:

The documents required pursuant to the Ministerial Order of July 27th, 2022 , defining the standard specifications of e-communications services to the public under the general authorization regime, are:

  • An application to the General Director of the Regulatory Authority;
  • A letter of appointment of the legal representative and the contact person with their personal details pursuant to the models available on the website;
  • Information sheet according to the model published in the Order of July 27th, 2022 defining the standard specifications concerning the e-communications services for the public under the general authorization regime (Appendix D.1), downloadable from the website;
  • The commitment letter pursuant to the sample published in the Order of July 27th, 2022 , defining the standard specifications of e-communications services for the public under the general authorization regime (Appendix D.2), downloadable from the website;
  • The detailed architecture of the technical platform and planned connection method by defining the mark and type of associated software and equipment;
  • A technical description of the planned platform (list of relevant equipment and software);
  • A copy of the approval of marketing and services supply activity relating to sensitive equipment, issued by the competent authorities;
  • A copy of the general authorization required for supplying radio-positioning and/or satellite radio-positioning as well as radio geo-positioning for fishing vessels or craft, merchant navy vessels or transport vessels, if any;
  • A detailed description of the planned services;
  • Technical information about the terms and conditions of access to services;

The documents required pursuant to the Executive Decree n° 39-22 of January 10th, 2022 establishing the terms for granting the general authorization for the setting up, operation and /or provision of e-communications services for the public as well as the pertaining financial compensation, royalty fees and annual contributions, are:

  • The nature, commercial and technical features of the planned project;
  • Information about the financial and technical capacity of the applicant to carry out the planned project;
  • A copy of the identity car of the applicant, if physical person, or of the legal representative, if legal person;
  • A copy of the legal person’s statutes;
  • Company’s annual statements of the last two financial years (if any) for legal person;
  • Description of the current commercial and industrial activities (if any).
  • Renewal

The file of authorization renewal shall contain the following documents:

  • An application for general authorization renewal addressed to the General Director of the Regulatory Authority;
  • Proof of payment of the file handling fees amounting to twenty eight thousand Algerian dinars (28000DZD) exclusive of tax for the Regulatory Authority of Post and Electronic Communications (ARPCE).
2.5. SERVICES OF CLOUD HOSTING AND STORAGE VIA CLOUD COMPUTING
  • Procedures (new application)

The file of a new application for general authorization shall contain the following documents:

The documents required pursuant to Ministerial Order of July 27th, 2022 , defining the standard specifications of e-communications services for the public under the general authorization regime, are:

  • An application to the General Director of the Regulatory Authority;
  • A technical and commercial description of the project:
    • a detailed description of the planned services;
    • a detailed architecture of infrastructure, projected connection method with the mention of equipment type, total storage capacity and associated software;
    • the installed Backup system with the mention of its dedicated total storage capacity;
    • data safety systems to be adopted;
    • A description of infrastructure hosting premises (surface, power supply, air conditioning, safety, etc).
  • A letter of appointment of the legal representative and the contact person with their personal details pursuant to the models available on the website;
  • An information sheet pursuant to the sample published in the Order of July 27th, 2022 setting forth the standard specifications of e-communications services for the public under the general authorization regime (Appendix E.1), downloadable from the website.

The documents required pursuant to the Executive Decree n° 39-22 of January 10th, 2022 establishing the terms for granting the general authorization for the setting up, operation and /or provision of e-communications services for the public as well as the pertaining financial compensation, royalty fees and annual contributions, are:

  • The nature, commercial and technical features of the planned project;
  • Information about the financial and technical capacity of the applicant to carry out the planned project;
  • A copy of the identity card of the applicant, if physical person, or of the legal representative, if legal person;
  • A copy of the legal person’s statutes;
  • Company’s annual statements of the last two financial years (if any) for legal person;
  • Description of the current commercial and industrial activities (if any).

 

  • Renewal

The file of authorization renewal shall contain the following documents:

  • An application for general authorization renewal addressed to the General Director of the Regulatory Authority;
  • Proof of payment for the file handling fees amounting to twenty eight thousand Algerian dinars (28000DZD) exclusive of tax for the Regulatory Authority of Post and Electronic Communications (ARPCE).
2.6 Call center
  • Procedures (new application)

The file of a new application for general authorization shall contain the following documents:

The documents required pursuant to ministerial Order of July 27th, 2022 defining the standard specifications of e-communications services for the public under the general authorization regime, are:

  • An application to the General Director of the Regulatory Authority.
  • A technical solution description (platform, pertaining software, internet provider, connection speed & type, projected positions number) as well as potential secondary sites addresses.
  • A letter of appointment of the legal representative and the contact person with their personal details pursuant to the models available on the website;
  • An information sheet pursuant to the sample published in the Order of July 27th, 2022 setting forth the standard specifications of e-communications services for the public under the general authorization regime (Appendix F.1), downloadable from the website.

The documents required pursuant to the Executive Decree n° 39-22 of January 10th, 2022 establishing the terms for granting the general authorization for the setting up, operation and /or provision of e-communications services for the public as well as the pertaining financial compensation, royalty fees and annual contributions, are:

  • The nature, commercial and technical features of the planned project,.
  • Information about the financial and technical capacity of the applicant to carry out the planned project;
  • A copy of the identity card of the applicant, if physical person, or of the legal representative, if legal person.
  • A copy of the legal person’s statutes;
  • Company’s annual statements of the last two financial years (if any) for legal person;
  • Description of the current commercial and industrial activities (if any).

 

  • Renewal

The file of authorization renewal shall contain the following documents:

  • An application for general authorization renewal addressed to the General Director of the Regulatory Authority,
  • Proof of payment for the file handling fees amounting to twenty eight thousand Algerian dinars (28000DZD) exclusive of tax for the Regulatory Authority of Post and ElectronicCommunications (ARPCE).

3. Activities subject to simple declaration regime

Within the meaning of indent 16, Article 10 of aforementioned law n° 18-04 of May 10th, 2018, any other e-communication service that does not fall within the scope of the above-mentioned regimes, is subject to the simple declaration regime.

  • Procedures

Any natural or legal person desiring to use e-communications service subject to the simple declaration regime is bound to submit, with the Regulatory Authority, a declaration, expressing the intent to operate this service on a commercial basis.

This declaration shall include:

  • A detailed content of the service to be operated,
  • The methods of service launching,
  • The geographic reach,
  • The service access requirements,
  • The rates applicable to subscribers.

The Regulatory Authority shall, within a period of two months after receiving  the declaration with acknowledgement of receipt verify if this service is subject to the simple declaration regime.

The Regulatory Authority issues a registration certificate to the applicant in return for payment of the fees defined by regulations in a period of two months from the date of declaration receipt.

Any rejection of the declaration’s registration shall be justified and communicated withing two (2) months from the date of declaration receipt.

The Regulatory Authority defines the granting procedure, whilst respecting the principles of objectivity, transparency and non-discrimination.

 II. APPROVAL ELECTRONIC COMMUNICATIONS EQUIPMENT

Any terminal equipment or radio installation intended for being:

  • Connected to e-communications network open to the public;
  • Manufactured for domestic market or to be imported;
  • Held for sale or to be offered for sale;
  • Delivered for free or for a fee or to be advertised.

Is subject to an approval certified by a certificate of conformity.

The approval aims to ensure the conformity of the equipment, subject to the approval application pursuant to the established standards and specifications as regards users’ safety, electromagnetic compatibility as well as the good spectrum utilization.

The approval aims to ensure the conformity of the equipment, subject to the approval application pursuant to the established standards and specifications as regards users’ safety, electromagnetic compatibility as well as the good spectrum utilization.

1- Approval of terminal equipment and radio installations under anf jurisdiction

The procedure and file for obtaining approval certificates for terminal equipment and radioelectric installations, under the jurisdiction of the National Agency of Frequencies , are defined by Decision No. 7115 of October 31st, 2019 relating to approval procedures for terminal equipment and radioelectric installations and this, in accordance with the provisions of Law No. 18-04 of May 10th, 2018, defining the general rules of the post and e communications.

Procedures

  • Any terminal equipment or radioelectric installation requiring approval must be subject of an application for a conformity certificate submitted by a natural or legal person (under Algerian law) to the National Agency of Frequencies;
  • Once the application submitted, including the sample(s), a return of receipt is issued to the applicant, including equipment identification provided for approval and submission date;
  • The response time of the National Agency of Frequencies to any application for a conformity certificate may not exceed two (02) months from the date of return of receipt of the complete application file;
  • Any application with an incomplete file will automatically be rejected;
  • Any rejection of the application shall be notified and justified to the applicant;
  • The conformity certificate of terminals and radioelectric installations is granted for a period not exceeding 3 to 5 years renewable according to the equipment type, as from its delivery date;
  • Any terminal equipment or radioelectric installation modified in matter of its technical features and/or software, hardware, or its name or the manufacture country, shall be subject again to the procedure of application for conformity certificate.

File

The application for conformity certificate comprises two files: administrative and technical, as well as a sample of the equipment for test measures (if need be).

Administrative file

It consists of the following papers:

  • The application form duly completed, dated, signed and sealed by mentioning the company name and signatory’s position, downloadable from the website: Anf.dz/formulaires.Php
  • A copy of the trade register legalized by the national trade register center,
  • For the import of sensitive equipment pursuant to executive decree 09-410 of december 10Th, 2009, laying down safety rules applicable to sensitive equipment activities, the trade register shall include activity code 408708;
  • A copy of the activity approval for (natural or legal) persons working in sensitive equipment field (type 1, type2) pursuant to the abovementioned executive decree 09-410;
  • Statutes of the company,
  • A copy of tax registration card for foreign companies working in algeria as part of an agreement;
  • The proof of payment of the file’s handling fees, in accordance with article 3 of order 7115 of october 31st, 2019, must be provided while submitting the file to the anf’s account opened at bna bank, agency of didouche m. 601, number: rib n°001006010300000047-23 or by a bank check.

Technical file

It comprises:

  • The original declaration of conformity provided by the manufacturer or the trademark holder pursuant to ISO 17050 standard (17050-1 and 17050-2), signed and sealed;
  • The off shoring letter signed and sealed, issued by the manufacturer (case of an equipment not manufactured in its homeland);
  • The signature conformity of the person entitled to sign the conformity declaration and the off shoring letter, issued by the manufacturer and addressed by post office to the National Agency of Frequencies (ANF);
  • The declaration of conformity and off shoring letter are countersigned by the contact office manager, (case of a manufacturer represented in Algeria);
  • The confirmation of the signature of people entitled to sign on behalf of the contact office.,
  • The instruction manual and the technical equipment description (paper and/or electronic format);
  • The declarations of conformity and pertaining equipment tests reports, issued by the manufacturer or the trademark holder under applicable standards , in terms of:

– electric safety.

– electromagnetic compatibility.

– radioelectric spectrum.

– specific absorption rate-SAR (according to the type of equipment).

  • A sample of the equipment to present (if necessary) when submitting the file of application for conformity certificate, must clearly comprise the following information:
    • Type,
    • Trademark,
    • Model,
    • Serial number,
    • Manufacturer,
    • Homeland of manufacture.

Observation

All the technical file documents must be provided preferably on an electronic support (CD-ROM, DVD-ROM…etc.) and/or in paper, readable, written in Arabic, French or English, including the seals affixed.

  • Renewal

The renewal file of conformity certificate is made up of the same above-mentioned documents.
The renewal application of conformity certificate is submitted to the ANF three months before its expiry.

2. Approval of terminal equipment and radioelectric installations coming under the arpce

Procedures

  • Any legal or natural person seeking the approval of terminal equipment or a radioelectric installation intended to be connected to an electronic communications network open to the public must submit an approval application to the ARPCE.
  • The file of approval application must be provided in paper or in digital format.
  • The sealed and signed documents must be readable and written in Arabic, French or English.
  • Any removal of terminal equipment approval must be backed up by a sample.
  • The submission of file and its sample shall be accompanied by a deposit receipt to the applicant.
  • The response deadline of the ARPCE to any approval application shall not exceed two (2) months as from the deposit date of the full application file.
  • The conformity certificate of terminal equipment and radioelectric installations to be connected to the open network to the public is granted for a three-year (3) period.

File

The approval application comprises the following documents:

a). Administrative part

– Appendixes 2,3,4 of Order n° 28 SP/PC/ARPCE/2019 of  October 16th, 2019, duly filled, dated, sealed with the mention of the company name and duly signed by the legal representative of the legal person or its authorized agent pursuant to the model provided for in Appendix 5 of the said Order;

– A copy of the trade register comprising the activity code(s) related to the manufacture, import and marketing of terminal equipment and radioelectric installations under the Regulatory Authority (ARPCE) in accordance with law n°18-04 of May 10th, 2018, defining the general rules of the post and e-communications;

– A copy of tax registration card;

– A copy of the certificate of existence and thetaxtax registration card for foreign companies working in Algeria,

– Statutes of the company;

– A copy of activity approval for operators working in sensitive equipment field (type 1, type2) pursuant to the abovementioned executive decree 09-410;

– A proof of payment of the file’s handling fees to the ARPCE’s account at CPA bank, agence de Hussein Dey, postal ID n°00400118401000469540, or by a bank check.

b) Technical file

– The original declaration of conformity provided by the manufacturer or his duly authorized agent, or electronically signed;

– Original certificate issued by the entitled body.

– Conformity certificate backed up by reports of conformity tests drafted by an authorized laboratory in terms of:

  • electric safety.
  • electromagnetic compatibility.
  • radioelectric spectrum (required only for radio terminal equipment and radio installations).
  • specific absorption rate-SAR or exposure to electromagnetic radiation.

– As for tests reports dating back to over 3 years, a declaration of manufacture continuation of the terminal equipment drafted by the manufacturer or his dully authorized agent is required in the file of renewal application.

c) Sample

Any approval application for terminal equipment must be accompanied by a sample that will be returned to the beneficiary during the withdrawal of conformity certificate of rejection notification.

The beneficiary commits to preserve the sample during the validity period of the conformity certificate.

The sample shall be accompanied by:

  • Instruction manual;
  • Technical description of the equipment.

The sample of equipment to be presented when submitting the file of conformity certificate application must comprise in labeling: the trademark, model, serial number, cellular terminal number, homeland, CE mark.

  • Renewal

Any terminal equipment or radioelectric installation modified in their features and technical references or homeland, shall be subject to a new approval application.

III. PROCEDURES LINKED TO SENSITIVE TELECOMS S EQUIPMENT

Pursuant to Executive Decree 09-410 of December 10th, 2009, modified and completed, “sensitive equipments” refers to any equipment, which illicit use can jeopardize national security and public order.

1. Operators’ approval

Notwithstanding the regulations in force, the practice of marketing activities and supply of services  of sensitive equipment is subordinated to obtaining prior approval issued by the departments of the Ministry in charge of Iterior Affairs.

The marketing activity concerns the import, export, manufacture and sale of sensitive equipment.

The activity of supply of services is related to the installation, maintenance and repair of sensitive equipment.

The approvals are classified in two (2) types based on the activity:

  • Activity linked to import, export, manufacture, sale, installation, maintenance and repair of sensitive equipment.
  • Activity only linked to installation, maintenance and repair of sensitive equipment.

The approval of type I is issued by the departments of the Ministry of the Interior, after the view of the Ministry in charge of the Information and Communication Technologies and the Ministry of National Defense, as regards to sensitive equipment classified in subsections 1 and 2, section A, Appendix I of the aforementioned Executive Decree 09-410.

The approval of type II is issued by the departments of the Ministry of the Interior after the positive opinion delivered by the security departments.

The approval is personal and non-transferable, it is valid for five (5) years and is renewable.

Any change in the equipment list cunder the same subsection is subject to the modification of the approval.

The application is accompanied with a written commitment in line with the model in Appendix III of the aforementioned Executive Decree 09-410  and a file including:

For natural person:

  • A civil status form and a copy of legal record n°3 dating less than 3 months;
  • Nationality certificate and a certified true copy of the ID card;
  • A copy of certificates proving the professional capacities of the applicant to practice the activities to be approved;
  • A description of human and material resources to be used for practicing activities to be approved;
  • A description of means and measures planned for keeping equipment safe;
  • Title of occupancy to host the activities to be approved;
  • Residence permits for foreign residents.

For legal person:

  • A copy of statutes.;
  • For each manager, shareholder and director, a civil status form, a copy of legal record n°3 dating less than 3 months, a nationality certificate and a certified true copy of the national ID card;
  • A description of human and material resources to be used for the activities to be approved including the certificates proving the applicant’s professional capacities;
  • A description of the means and measures planned for keeping equipment safe;
  • Title of occupancy to host the activities to be approved;
  • Residence permits for foreign managers, shareholders and directors.

 

  • RENEWAL

The renewal application is submitted six (6) months before the expiry date of the current approval.

2. Procedure of acquisition, operation, sale , installation and repair

A. ACQUISITION AT NATIONAL LEVEL

The acquisition of sensitive equipment at a national level by natural or legal person for ownership and use  is subject to the grant of authorization according to the type of equipment.

  • The departments of the Minister in charge of the ICTs, in view of the authorization of operation provided in article 20, Executive Decree 09-410 of December 10th, 2009, as regards the sensitive equipment listed in subsections 1 and 2, Appendix I of the aforementioned Executive Decree 09-410.
  • The Regulatory Authority of Post and Telecommunications in view of the authorization of operation provided in article 20 of the aforementioned executive decree 09-410 for the equipment listed in subsection 3 section A.

Procedure

The application for acquisition authorization must mainly include:

  • The identity or the company name, address and nationality of the applicant operator,
  • The operator’s activity as defined in article 6 of the above mentioned Executive Decree 09-410 of December 10th, 2009.
  • The complete description (type, trademark, model) of equipment subject to the authorization application and their quantity.
  • The origin of equipment and transport arrangements.
  • The location (s) of storage and use and the conditions of keeping the equipment safe.

The application for acquisition authorization shall concern only the equipment included in the approval.

The aforementioned authorization application shall be submitted, in return for a receipt, to the departments of regulation of the territorially competent province.

It is handled in a timeline not exceeding sixty (60) days as from the date of its submission.

File

The application for acquisition authorization shall be backed up by a file comprising :

  • A certified true copy of a valid approval of the applicant operator;
  • A certified true copy of the operation authorization of the final addressee when the application is about the acquisition of equipment listed in subsections 1, 2 and 3, Section A of the classification of sensitive equipment appearing on Appendix I of the aforementioned Executive Decree 09-410 of December 10th, 2009;
  • A copy of technical equipment features.

Observation

The acquisition of sensitive equipment at a national level, subject of operators’ authorization, must be carried out in a timeline not exceeding six (6) months from the date of authorization notification.

B. ACQUISITION OF SENSITIVE EQUIPMENT ON THE FOREIGN MARKET

The acquisition of sensitive equipment on the foreign market is subject to an approval established pursuant to the provisions of article 14 of the aforementioned Executive Decree 9-410 of December 10th, 2009,.

The acquisition of sensitive equipment on the foreign market is subject to the approval of the Ministry  of Information and Communication Technologies following a prior approval from the departments of  both Ministry of National Defense  and the Ministry of the Interior, as regards the sensitive equipment listed in subsections 1,2 and 3, section A, Appendix I of the aforementioned executive decree 9-410 of December 10th, 2009.

Procedure

The application for approval shall be submitted by the operator to the concerned ministry or the province of activity location.

The application for approval shall mention the countries of origin of equipment.

Following the check of the application’s conformity, it shall be transmitted in five (5) business days after the date of submission to the authority responsible for issuing the approval.

The approval application processing is notified to the concerned person by the province’s departments in the location of the application submission,

File

The application for approval shall include the following documents:

  • A copy of the valid approval of the applicant operator;
  • The original copy of the acquisition authorization, issued by the territorially competent governor;
  • A copy of technical features of the equipment.

Observation

The acquisition of sensitive equipment on the foreign market , subject to the authorization by operators, shall be achieved in a deadline not exceeding one (1) year from the date of approval notification.

The acquisition on the foreign market shall be carried out in a single step.