1. 1 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 UNCTAD technical assistance in the field ICT Policies

2. 2 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

3. 3 E-commerce and Law Reform Programme E-commerce and Law Reform Programme Rationale legal certainty Creating legal 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)

4. 4 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 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

5. 5 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

6. 6 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).

7. 7 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.

8. 8 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 UNCTAD’s Partners Global recognition

9. 9 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)

10. 10 Mobile Money and regulation

11. 11 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

12. 12 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

13. 13 ICT Policy Reviews

14. 14 ICT 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 Transparent and continuous consultation process with all stakeholders 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

15. 15 ICT Policy Reviews Para 160 - Accra Accord First UNCTAD ICT Policy Review: Egypt (2011) Five priority areas: 1.Infrastructure development - emphasis on broadband 2.Skills development for the ICT sector 3.ICT use in the education system 4.E-content development 5.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)

16. 16 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

17. 17 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.orgsgo@unctad.org