G/TRIMS/Q/NGA/1  
 
27 April 2017 
(17-2318) Page: 1/2 
Committee on Trade -Related Investment Measures  Original: English  
 
NIGERIA – GUIDELINES ON NIGERI AN CONTENT IN INFORM ATION AND 
COMMUNICATIONS TECHN OLOGY  
QUESTIONS FROM THE U NITED STATES  
The following communication, dated 26 April 2017 , is being circulated at the request of the 
Delegation of the United States . 
 
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Background : In 2013, the National Information Technology Development Agency ( "NITDA "), under 
the auspices of the Federal Ministry of Communication Technology (MCT), issued the "Guidelines 
for Nigerian Content Development in Information and Communicat ions Technology " ("the 
Guidelines "). These Guidelines, which came into effect on 3 December 2013, appear to impose 
broad requirements on investors to use local content on hardware, software, and services in the 
information communications technologies ( "ICT") sector. For example, the Guidelines require 
original equipment manufacturers ( "OEMs ") to maintain at least 50% local content "in any 
segment of the product value chain " (Article 10.1(3)). In addition, the Guidelines require ICT 
companies to use only loc ally manufactured SIM cards for devices providing telephone and data 
access (Article 12.1(3)). Further, ICT companies are required to use local companies to build out 
cell sites, towers, and base stations and ensure that at least 50% of the value of such f acilities are 
locally sourced (Article 12.1(7)).  
 
Other sections of the measure direct NIDTA to provide incentives. For example, Article 12.2(5) 
requires NIDTA to "[p]rovide incentives and motivations for ICT service providers to develop their 
own unique l ocal content offerings " (incentives are also discussed in Articles 10.6(6) , 13.3, 
and 15.1(2) -(3)).  
 
Finally, enforcement of the Guidelines will be carried out "under a framework to be developed by 
NITDA " (Article 6.0). Further, any breach of the Guidelin es "shall be construed as a breach of the 
provisions of the National Information Technology Development Agency Act of 2007 " (Article 8.0). 
That Act includes the possibility of criminal penalties.  
 
Questions  
 
1. Can Nigeria confirm that the Guidelines are currently in effect?  Is there currently any 
ongoing process for reviewing or modifying the Guidelines?  
 
2. In Nigeria 's view, does the description above accurately portray the provisions of the 
Guidelines that relate to requirements to use local content? If not, please provide any needed 
clarification.  
 
3. Are there other legal sources that elaborate on the defini tion of ICT (other than 
Article  3.0(v)), to help investors determine which products or services are covered?  
 
4. Can Nigeria provide further clar ification on the meaning of "any segment of the product 
value chain " in reference to the requirement for OEMs to maintain at least 50% local content? Are 
there any restrictions on importation of completed ICT products that are otherwise lawful for sale 
in Nigeria?  G/TRIMS/Q/NGA/1  
 
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  5. Pursuant to Article 12.2, has NIDTA taken steps to "provide incentives and motivations for 
ICT service providers to develop their own unique local content offerings? " Does Nigeria provide 
the incentives mentioned in the Guidelines? If so, plea se describe those incentives.  
 
We look forward to receiving answers to these questions in advance of the upcoming meeting of 
the TRIMS Committee, to facilitate an informed discussion, including on how Nigeria intends to 
implement the Guidelines in a manner  consistent with its obligations under the TRIMS Agreement.  
 
 
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