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.
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.
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.