Rwanda
Regulations governing Trade of Used Electrical and Electronic Equipment
Regulation 5 of 2022
- Published in Official Gazette 28 on 11 July 2022
- Assented to on 7 July 2022
- Commenced on 11 July 2022
- [This is the version of this document from 11 July 2022.]
Chapter One
General provisions
Article One – Purpose of these Regulations
These Regulations establish a framework for trade of used electrical and electronic equipment.Article 2 – Definitions
In these Regulations, the following terms have the following meanings:1ºbusiness operator: a natural or moral person involved in trade of used electrical or electronic equipment;2ºlicense: permission granted by the Authority authorizing a person to trade in used electrical or electronic equipment;3ºAuthority: State organ in charge of inspection, competition and consumer protection.Chapter II
License
Section One – Licensing
Article 3 – Licensing of a business operator
A person who intends to carry out trade of used electrical or electronic equipment must apply for license to the Authority.A license is not transferable.Article 4 – Application for a license
A person applying for a license submits the following documents to the Authority:1ºduly filled application form determined by the Authority;2ºa copy of business registration certificate issued by the competent authority;3ºproof of payment of license application fees;4ºa document indicating a list of existing used electrical or electronic equipment in the store or shop.Article 5 – Decision on application for a license
The Authority notifies in writing the decision on application for a license to the applicant within thirty (30) days from the date of submission of application.Article 6 – Appeal
If the application for a license is rejected, the applicant may address an appeal in accordance with the procedure provided for by relevant laws.Article 7 – Validity of the license
The license is valid for two (2) years renewable.A business operator who wants to have the license renewed submits the application for renewal at least three (3) months before expiration of the existing license.Article 8 – Application for license renewal
A person who applies for license renewal submits the following documents to the Authority:1ºduly filled license renewal application form determined by the Authority;2ºa copy of business registration certificate issued by the competent authority;5ºa copy of existing license;[Please note: numbering as in original.]3ºa proof of payment of license renewal application fees;4ºa document indicating a list of existing used electrical or electronic equipment in the store or shop.Article 9 – Application and licensing fees
The amounts of application and license fees are in Annex I of these Regulations.Section 2 – Suspension and termination of the license
Article 10 – License suspension
The Authority suspends the license if the business operator—1ºis under investigation of suspicions on buying or selling stolen used electrical or electronic equipment;2ºfails to justify the source of the used electrical or electronic equipment under his or her possession;3ºfails to provide the records of the sold used electrical or electronic equipment within the last two (2) years; or4ºdoes no comply with any of the license obligations.The license suspension cannot exceed three (3) months.The business operator takes full responsibility of the security of his or her equipment in case of suspension of activities of trade of used electrical and electronic equipment.Article 11 – Termination of the license
A business operator who intends to stop the business in trade of used electrical or electronic equipment notifies the Authority at least one (1) month before ceasing the activities.The Authority may terminate the license if the business operator—1ºsubmits false or misleading data or information to the Authority;2ºviolates relevant laws in force;3ºrefuses the Authority to access premises of work or where records relating to trade of used electrical or electronic equipment are kept;4ºfails to comply with instructions issued to him or her by the Authority;5ºis convicted by a court of an offence relating to stolen used electrical or electronic equipment;6ºdoes not comply with the sanction of suspension of license; or7ºbreaches once again the license obligations.Chapter III
Obligations of the business operator and powers of the authority
Section One – Obligations of the business operator
Article 12 – Verification of the equipment
The business operator ensures that used electrical or electronic equipment which he or she intends to buy meets the safety requirements of the standard IEC 60950-1.The list of used electrical or electronic equipment authorized to be commercialized is in Annex II of these Regulations.Article 13 – Recording the description of the used electrical or electronic equipment
The business operator records the following description of the used electrical or electronic equipment he or she buys as well as those sold and keeps the records at least for two (2) years:1ºcategory;2ºbrand name;3ºmodel name;4ºmodel number;5ºserial number;6ºinformation relating to International Mobile Equipment Identity (IMEI) and International Mobile Equipment Identity Software Version (IMEI SV) per slot where applicable;7ºany other distinguishing marks or features, where applicable;8ºequipment status description.Article 14 – Verification of the owner of equipment
Before buying used electrical or electronic equipment, the business operator must verify that the seller is the rightful owner of the equipment.The business operator must also record the identity of the seller indicating the following items:1ºnames;2ºa copy of identity card, passport or business registration certificate;3ºresidence;4ºtelephone number;5ºe-mail address, where applicable.Article 15 – Conclusion of a contract of sale
The business operator must conclude with the seller a contract of sale of used electrical or electronic equipment.The contract of sale indicates that the used electrical or electronic equipment which is being sold serves well its intended purpose.The template of the contract of sale of used electrical or electronic equipment is found in Annex III of these Regulations.Article 16 – Providing information
The business operator notifies the Authority of changes of the physical address, trade name or any other change of information previously given to the Authority at least twenty-one (21) days before such changes are effected.The business operator reports to the relevant authorities any person suspected to have unlawfully acquired used electrical or electronic equipment.Article 17 – Issuance of invoice
The business operator has the obligation to issue invoice of used electrical or electronic equipment to the buyer.Section 2 – Powers of the Authority
Article 18 – Market surveillance
The Authority may conduct inspection on the market of used electrical and electronic equipment to verify authenticity of licenses and compliance with license requirements.Article 19 – Closing of business operations
The Authority may close activities of a business operator if the or she has no license or operates with an expired license.The Authority notifies in writing the business operator of the decision of closure of his or her activities of trade of used electrical and electronic equipment.The business operator takes full responsibility of the security of his or her equipment in case of closure of activities of trade of used electrical and electronic equipment.Article 20 – Seizure
The Authority may seize used electrical or electronic equipment found in a store or shop of the business operator when—1ºan unlicensed business operator opens a shop or store closed by the Authority without authorisation from the Authority;2ºa business operator fails to provide the records of the used electrical or electronic equipment under his or her possession;3ºthe used electrical or electronic equipment is subject to an ongoing investigation; or4ºthe business operator operates while his or her license has been suspended or revoked.Chapter IV
Miscellaneous, transitional and final provisions
Article 21 – Appointing a commercial representative
The business operator may, in writing, appoint a representative in trade of used electrical or electronic equipment.Article 22 – Faults and administrative sanctions
A business operator who contravenes the provisions of these Regulations is liable to administrative fines provided for in Annex IV of the Regulations.Article 23 – Existing business operators
Existing business operators must obtain the license, within a period of three (3) months from the date of commencement of these Regulations.Article 24 – Commencement
These Regulations come into force on the date of their publication in the Official Gazette of the Republic of Rwanda.History of this document
11 July 2022 this version
Commenced
07 July 2022
Assented to