UNCTAD technical assistance
in the field ICT Policies
Presentation at
Short courses on key
international economic issues
Geneva, 14 May 2012
Cécile Barayre
Economic Affairs Officer,
ICT Analysis Section, Division
on Technology and Logistics
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Outline
E-commerce and Law Reform
Rationale and objectives
Achievements to date
Partners
Planned projects (Africa, ASEAN, Central America)
Mobile Money and regulation
ICT Policy Reviews
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E-commerce and Law Reform Programme
Rationale
Creating legal certainty for economic actors
Peter Steiner, the “New Yorker”, 1993.
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• 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)
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 ecommerce/m-commerce; UNCTAD Training course on the Legal
Aspects of E-Commerce delivered in cooperation with TrainForTrade
To 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)
supported by Finland
2007: Constitution of the EAC regional Taskforce on Cyberlaws
2008: 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 Meteorology
2010/2011: 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 2012
UNCTAD 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)
“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)
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 levels
Comparative 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 EAC
The evaluation called for additional
resources, both human and financial.
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UNCTAD’s Partners
Global recognition
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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)
Cybercrime
Cybersecurity
OECD
Consumer protection, mobile payments
IDB
Bridging Gaps, Building Opportunity: Broadband as a Catalyst for
Economic Growth and Social Progress in Latin America
Discussions 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
Planned projects
Africa
Continuation in the EAC
Western Africa (ECOWAS) through TrainForTrade
Requests from various countries (Madagascar, Niger, Burkina Faso, etc)
ASEAN
Review of electronic commerce legislation harmonization
Latin America
IDB
Requests from various countries (Mexico, Nicaragua, etc)
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Mobile Money
and regulation
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Mobile Money and regulation
130 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 EAC
status 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 month
over 37,000 mobile money agents,
linked with 25 banks and can be accessed via 700 ATMs
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Mobile 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 Reviews
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ICT Policy Review Framework
ICT environment
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

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)

ICT uptake and
use indicators
Implementation &
Institutional framework
ICT policy framework
Integration of ICT policies
in national development
plans /PRSP
 Institutional setup for
implementation of ICT plan
 Policy coordination
 Financial resources
 Monitoring and evaluation

Indicators of achievement – identification of success factors,
best practices, lessons learnt and challenges ahead
Policy recommendations
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Revised ICT master plan/policies
Transparent and continuous consultation
process with all stakeholders
Assessment of existing ICT master plan
ICT Policy Reviews
Para 160 - Accra Accord
First UNCTAD ICT Policy Review: Egypt (2011)
Five priority areas:
1.
2.
3.
4.
5.
Infrastructure development - emphasis on broadband
Skills development for the ICT sector
ICT use in the education system
E-content development
The promotion of an export-oriented ICT sector
Methodology: Field missions, desk research, on-line survey,
interviews, international best practice
Time frame: 2009-2010 (before the Revolution)
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Summary and main recommendations
Make policies more demand-driven
Make ICT policies more inclusive
Strengthen partnerships with private sector
Move towards higher value-added services
Leverage foreign skills and expertise
Strengthen coordination among government entities
Make use of the latest technology
Set quantifiable targets and monitor progress
Adopt long-term Vision – beyond 2014
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How 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
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