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Telecoms infrastructure in Burundi
Ten things to know
What are the key operating licences required by companies operating telecoms
infrastructure in Burundi?
There is no over-arching operating licence required by companies operating solely telecoms
infrastructure in Burundi.
What other licences may be required by companies operating telecoms
infrastructure in Burundi?
An environmental permit is required in respect of the mast.
What is the principal legislation governing
the telecoms sector?
The telecoms sector is principally governed by the following legislation:
Decree-law n° 1/011 of September 4, 1997 establishing organic provisions on
telecommunications (Décret–Loi N° 1/011 du 4 Septembre 1997 portant dispositions
organiques sur les télécommunications).
Decree n° 100/112 of April 5, 2012 regarding the reorganisation and function of the department
of regulation and control of telecommunications « ARCT » (Décret n° 100/112 du 05 Avril 2012
portant réorganisation et fonctionnement de l’agence de régulation et des contrôle des
télécommunication « ARCT »).
Ministerial Ordinance n°231 of April 9, 1999 setting the conditions for the operation of activities
in the telecommunications sector (Ordonnance ministérielle n°231 du 9 Avril 1999 fixant les
conditions d’exploitation des activités dans le secteur des télécommunications).
Ministerial Ordinance n° 730/1056 of November 7, 2007 relating to the telecommunications
network and services open to the public (Ordonnance Ministérielle n° 730/1056 du 7 Novembre
2007 relative à l’interconnexion des réseaux et services des télécommunications ouverts au
public).
Decree n°100/14 of January 22, 2013 regarding the framework of control, the minimum level and
taxation of ending international telephone calls to Burundi (Décret n°100/14 du 22 janvier 2013
portant cadre de contrôle, de fixation du seuil minimal et de taxation de la terminaison d’appels
des communications téléphoniques internationales au Burundi).
Can foreign entities hold telecoms licences or operate as telecoms companies
(either as operators or tower companies)? Are there any foreign ownership
restrictions?
There is no prohibition against foreign entities applying for licences although an operating company
must be a corporate entity incorporated in Burundi. Considerable efforts have been made to create
an environment conducive to domestic and foreign private investment. As such, there are no foreign
ownership restrictions in Burundi.
Does the government require any ownership stake in telecoms companies? Must
telecoms companies pay any royalties or similar payments to the
state/government?
The government does not require any ownership stake in telecoms companies. At the time of writing
only one government owned telecoms company exists in Burundi (ONATEL), with all other
companies being 100 per cent privately owned.
Can security be granted over shares in telecoms companies?
Security can be granted over shares without any regulatory consent, usually in the form of pledge
and/or cession in security.
Is there a centralised land system in Burundi. What (if any) interest in land is
required for a company to build telecoms infrastructure on that land?
There is a Land Registry (Registre des Titres Fonciers) in Burundi.
Burundi‘s formal law recognises state and private land (such private land being held freehold and
leasehold). By law transfers of all land must be registered in order to obtain title thereto. Following
the Land Act 2011 any transfer or mortgage of land is done through the centralised registry with a
notary.
Are any stamp duties or registration fees payable on facility/security
documentation
in Burundi?
Low level registration and notarial fees are payable on security of around US$100.
There is no stamp duty in Burundi.
Are there any exchange control restrictions
in Burundi?
There has been a liberalisation of Burundi’s exchange control system, completed in 2006. Burundi’s
Investment Code allows completely free access to foreign exchange for investment remittances.
There is free transfer of foreign capital and income after payment of taxes in country.
Are English court judgments recognised and enforced in Burundi? Is Burundi a
party to the New York Convention?
Burundi acceded as a party to the New York Convention in 2014. Burundi made one reservation to
the Convention, the ‘commerciality reservation’, pursuant to which the convention will only apply to
disputes characterised as commercial under municipal law.
English court judgments are not automatically recognised and enforceable in Burundi although such
judgments are typically enforced by the courts of Burundi without retrial or further review of the merits
of the case subject to verification of compliance of the judgment with the public order laws of Burundi
and issuance of an exequature by a Burundian court.
Contacts
Daniel Metcalfe
Partner
[email protected]
Charlie Reid
Senior Associate
[email protected]
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