What happened?

The Ministry of Transport, Posts and Telecommunications of the Republic of Equatorial Guinea has issued Ministerial Order No. 3/2020, dated December 2nd, approving the regulation on Rights and Public Service Obligations to carry out Telecommunication Activities in the country (the “Regulation”).

What are the Consequences?

• New rules applicable to those interested in the exploitation of electronic communication services, obtaining a concession or authorization to begin their activities.
• The Administration has a maximum period of 2 months (exceptions apply) to issue a resolution following an application for a telecommunication authorization or concession
• The management procedure for the Registry of Telecommunication Operators is established and structured.
• The Telecommunications body of Equatorial Guinea (“ORTEL”) must register ex officio in the registry of Telecommunication operators, companies that are in possession of a license prior to the approval of the Regulation. ORTEL may request new information that is pertinent according to the Regulation.
• Registration prior to the publication of the Regulation does not imply an extension of the license.
• The Regulation develops the procedure for the legal interception of communications.
• The Regulation also specifies the public service obligations of telecommunication operators.
• ORTEL is empowered to ensure strict control of the provisions of the Regulation.
• The Regulation entered into force on November 4th, 2020.

What should my company do?

Internal Notification

Notify pertinent personnel about the Regulation and its impact in terms of the possible interception of communications.

Registry of Operators

If your company is a license or concession holder, ensure it is listed in the registry of telecommunication operators.

Compliance with the Rules

Ensure your company continues to comply with all telecommunications related laws and regulations applicable to its operations.

Monitoring

Continue monitoring any subsequent modifications and changes to the applicable laws and regulations.

Tailored Support

Seek independent legal advice to better understand the applicability of the Regulation.

ABOUT THE AUTHOR
Abraham Abia is the Managing Director at Clarence and widely recognised as one of the leading energy lawyers in Equatorial Guinea, often speaking at events around the world. Abraham is particularly renowned for his ability to create and implement country and sector specific standards, policies and procedures.

ABOUT CLARENCE
Clarence offers its clients the freedom to operate in Africa. Thanks to our diverse resources, we understand Africa better than most firms. We assist clients to identify, assess and effectively minimise operational legal and regulatory risks. We develop creative and efficient solutions to operational challenges, so our clients can focus on growth and revenue. Our approach is to bridge the gap between external and in-house counsels. Our areas of practice include Energy and Natural Resources, Real Estate, Construction, Joint Ventures, Corporate and Commercial, Risk Management & Compliance, Litigation and Dispute Resolution, Government Relations, Customs and Taxation, Employment and Immigration, Aviation and Telecommunications. For enquiries, please contact us at info@clarenceabogados.com