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Presentation at Short courses on key

international economic issuesGeneva, 14 May 2012

Cécile BarayreEconomic Affairs Officer,

ICT Analysis Section, Division on Technology and Logistics

UNCTAD technical assistance UNCTAD technical assistance in the field ICT Policiesin the field ICT Policies

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OutlineOutline

E-commerce and Law ReformRationale and objectivesAchievements to date PartnersPlanned projects (Africa, ASEAN, Central America)

Mobile Money and regulation ICT Policy Reviews

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E-commerce and Law Reform ProgrammeE-commerce and Law Reform Programme Rationale

Creating legal certaintylegal certainty for economic actors

Peter Steiner, the “New Yorker”, 1993.

• Minimum standards: Recognition of electronic transactions, recognition of electronic signatures, electronic contracting, data protection, consumer protection and computer crime, intellectual property, domain names, Taxation• International harmonisation: Need for global interoperability/use of international models (e.g. UNCITRAL Convention on E-Contracting)

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Objectives of the Programme Objectives of the Programme Creating an enabling legal and regulatory environment

for ICT enabled commerce

To raise awareness and build capacity of decision makers, legal professionals, and other stakeholders (private sector, Members of Parliament) on legal issues pertaining to the development of e-commerce/m-commerce; UNCTAD Training course on the Legal Aspects of E-Commerce delivered in cooperation with TrainForTradeTo review national laws and regional agreements;To assist in the preparation of harmonized legal frameworks Active in 26 DCs: Latin America, Central America and the Caribbean, East African Community (EAC) and ASEAN.Programme funded by Finland, France and Spain

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UNCTAD/EAC Project (1/2) UNCTAD/EAC Project (1/2) supported by Finlandsupported by Finland

2007: Constitution of the EAC regional Taskforce on Cyberlaws2008: Taskforce workshops in preparation of the EAC Framework for Cyberlaws (e-transaction, and e-signature, data protection, consumer protection, computer crime)2010: Adoption of the Framework Phase I by the EAC Sectoral Council on Transport, Communications and Meteorology2010/2011: Taskforce workshops in preparation of Framework Phase II (Intellectual property Rights, competition,e- taxation and information security) - to be considered by the EAC in the fall of 2012UNCTAD assistance in the implementation of the Framework: review of national laws and draft e-commerce legislation and capacity building activities (with TrainForTrade)Study on Cyberlaw harmonisation to be published in September 2012

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UNCTAD/EAC Project (2/2) UNCTAD/EAC Project (2/2)

“The EAC Secretariat in collaboration with UNCTAD are championing the cause of security of our cyber environment. The enthusiasm and resultant activities, including the

establishment of the East African Community Taskforce on Cyberlaws, various consultative sessions are indeed very strong anchors to the development of a harmonized legal

framework for cyberlaws in the region. (…) This will certainly act as a catalyst to not only do business across the region but ensure the security of our governments as we seek to

transform the lives of our people.” Hon. Samuel l. Poghisio, Minister for Information and Communications

Cyberlaw briefing session for the Departmental Committee on energy, Information and Communication (March 2011, Mombasa, Kenya).

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In-depth Evaluation of the Programme (2011)In-depth Evaluation of the Programme (2011)Pioneered the introduction of the legal dimension of ICT to its beneficiaries Initiated and completed cyber-law reform and harmonization processes at the national and regional levelsComparative studies on prospects for regional harmonization of cyberlaws in Latin America, Central America and the EAC (2012); Legal issues discussed in the Information Economy Report and the study on Mobile money services in the EACThe evaluation called for additional resources, both human and financial.

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UN Commission on International Trade Law (UNCITRAL)UNCTAD’s projects UNCITRAL Working Group on E-Commerce

UN Regional Commissions (ECA, ECLAC, ESCAP, ESCWA)ITU/UN Office on Drugs and Crime (UNODC)

CybercrimeCybersecurity

OECDConsumer protection, mobile payments

IDBBridging Gaps, Building Opportunity: Broadband as a Catalyst for Economic Growth and Social Progress in Latin AmericaDiscussions with the IDB to implement a project on cyberlaws harmonization in Central America

Regional institutions including the African Union, ASEAN, EAC secretariat, ALADI, MERCOSUR, etc

UNCTAD’s PartnersUNCTAD’s PartnersGlobal recognitionGlobal recognition

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Planned projectsPlanned projectsAfrica

Continuation in the EACWestern Africa (ECOWAS) through TrainForTradeRequests from various countries (Madagascar, Niger, Burkina Faso, etc)

ASEANReview of electronic commerce legislation harmonization

Latin AmericaIDBRequests from various countries (Mexico, Nicaragua, etc)

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Mobile Money Mobile Money and regulationand regulation

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Mobile Money and regulationMobile Money and regulation130 mobile money systems have been implemented since March 2012 according to the GSM Association Mobile Money for Business Development in the East African Community: A Comparative Study of Existing Platforms and Regulations:

overview of the current mobile money landscape in the EACstatus of the regulatory framework in each of the five EAC countries broad recommendations geared for easing access to mobile money services

EAC is a world leader in offering mobile money services and hosts more than one quarter of all known such systems in Africa (16)Most popular: M-Pesa, operated by Safaricom of Kenya

15 million active customers who transfer an estimated $658 million per monthover 37,000 mobile money agents,linked with 25 banks and can be accessed via 700 ATMs

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Mobile Money and regulationMobile Money and regulation

Need for an effective and robust legal and regulatory framework Need for regulatory teamwork between regulatory and market sectors (telecommunication, financial and competition)Need to address concerns related to consumer protection, registration and transaction limits, regulatory collaboration and interoperability, meaning interconnection between telecommunication networks

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ICT Policy ReviewsICT Policy Reviews

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ICT Policy Review FrameworkICT Policy Review Framework

ICT infrastructure & access Access to & use of ICTs by households and individuals Use of ICTs by businesses ICT sector and trade in ICT goods Other ICT indicators

ICT environment ICT policy framework

Objectives and priority areas & strategic approach ICT infrastructure development Legal and regulatory framework ICT human resources/skills Business development ICT-related trade & investment policies E-government Technological innovation (R&D)

Implementation &Institutional framework

Integration of ICT policies in national development plans /PRSP Institutional setup for implementation of ICT plan Policy coordination Financial resources Monitoring and evaluation

Policy recommendations Tra

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Revised ICT master plan/policies

Assessment of existing ICT master plan

Indicators of achievement – identification of success factors, best practices, lessons learnt and challenges ahead

ICT uptake and use indicators

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ICT Policy ReviewsICT Policy Reviews

Para 160 - Accra AccordFirst UNCTAD ICT Policy Review: Egypt (2011)Five priority areas:1. Infrastructure development - emphasis on broadband 2. Skills development for the ICT sector3. ICT use in the education system4. E-content development5. The promotion of an export-oriented ICT sector

Methodology: Field missions, desk research, on-line survey, interviews, international best practiceTime frame: 2009-2010 (before the Revolution)

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Summary and main recommendationsSummary and main recommendations

Make policies more demand-drivenMake ICT policies more inclusiveStrengthen partnerships with private sectorMove towards higher value-added servicesLeverage foreign skills and expertiseStrengthen coordination among government entitiesMake use of the latest technologySet quantifiable targets and monitor progressAdopt long-term Vision – beyond 2014

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How to request UNCTAD’s assistanceHow to request UNCTAD’s assistance

All developing countries and economies in transition can, either individually or through intergovernmental organisations, i.e. regional or subregional groupings benefit from UNCTAD technical assistance.A state member of UNCTAD or a regional institution can submit a request in writing, with an indication of the nature and contents of the assistance required.The request should be addressed to the Secretary General of UNCTAD through the Permanent Mission in Geneva by fax: +41 22 917 00 42 or email: sgo@unctad.org