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LEGAL NOTICE NO. 130 OF 2016 
__________________________________________ 
THE ELECTRONIC COMMUNICATIONS ACT, 2013 
(At No. 9 of 2013) 
THE ELECTRONIC COMMUNICATIONS (IMPORTATION, TYPE APPROBAL AND DISTRIBUTION OF 
COMMUNICATIONS EQUIPMENT) REGULATION, 2016 
(Under Section 40) 
In exercise of the powers conferred by Section 40  of The Electronic Communications Act, 2013, the 
Minister for Information, Communications and Technology makes the following Regulations – 
ARRANGEMENT OF REGULATIONS 
PART I 
PRELIMINARY PROVISIONS 
1. Citation and commencement 
2. Interpretation 
3. Purpose of these Regulations 
4. Application of these regulations 
PART II 
PROCEDURES 
5. Equipment subject to type approval 
6. Exemption from type approval 
7. Application for type approval 
8. Evaluation 
9. Type acceptance 
10. Provisional type approval 
11. Final type approval 
12. Equipment imported for personal use 
13. Type approval certificate 
PART III 
APPLICABLE STANDARDS 
14. Installation of approved equipment 
15. Type of Approval Label 
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PART IV 
CONDITIONS FOR IMPORTATION AND DISTRIBUTION 
 
16. Conditions for importation and distribution 
17. Re-exportation of equipment 
PART V 
TYPE APPROVAL FEES 
18. Type approval Fees 
PART VI 
ENFORCEMENT 
19. Complaint procedure 
20. Power to inspect 
21. Revocation of type approval of communications equipment 
22. Disposal of equipment 
23. Offences and penalties 
24. Schedule 
PART I 
PRELIMINARY PROVISIONS 
Citation and commencement 
1. (1) These Regulations may be cited as The Electron ic Communications (Importation, Type Approval and 
Distribution of Communications Equipment) Regulations, 2016. 
 
(2) These Regulations shall come into force on th e date of publication in the Government gazette. 
 Interpretation 
2. In these Regulations, unless the context otherwise requires – 
“communication equipment” means radio equipment,  telecommunications terminal equipment or 
broadcasting terminal equipment and apparatus; 
“national standards” means the standards established by the Swaziland Standards Authority; 
“operating network” means a network that can carry c ommunications traffic in the form of voice or data; 
“personal use” means private individu al use, not for commercial gain. 
“provisional type approval” means a type approval procedure in terms of regulation 8 of these regulations 
for equipment to be used for trial, research and demonstrations on a non-commercial basis. 
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“type acceptance” means the process of evaluating communication equipment or a device or a system, 
that has been type approved by a recognised foreign national regulatory authority with a view to ensure 
conformity of such equipment to national standards; 
“type approval” and “final type approval” means a process by which communication equipment or a 
device or system is authorised by the Commission to be used in Swaziland or imported into Swaziland and 
involves verification of the equipm ent, device or system’s compliance with the applicable standards and 
other regulatory requirements. 
“type approval certification” means a certificate issu ed by the Commission confirming compliance of the 
equipment to the prescribed standa rds determined by the Commission. 
“type approval fees” mea ns fees relating to type approval as set out in the First Schedule of these regulations. 
“supplier” means a manufacturer, importer or distribu tor of equipment registered with the Commission and 
issued with a General Licence for the Installation and Maintenance, Distribution and Sale of Equipment in 
terms of the Licensing Regulations made under the Act. 
Purpose of these Regulations 
3. The purpose of these regulations is to – 
 
(a) provide a framework for the type approval of communication equipment, devices and systems; 
(b) specify the fee framework with resp ect to equipment type approval; 
(c) protect the integrity of networks; 
(d) protect consumers; and  
(e) avoid harmful interference. 
 
Application of these Regulations 
 
4. (1) These Regulations shall apply to verification, registration, certification, acceptance and authorisation 
of communications equipment and devices to be used  or imported into the Kingdom of Swaziland. 
 
(2) All equipment that has been type approved in Sw aziland prior to the promulgation of these regulations 
will remain type approved pursuant to these regulations. 
PART II 
PROCEDURES 
Equipment subject to type approval 
5. (1) All communications equipment shall prior to it s use be submitted for type approval or type 
acceptance by the Commission. 
 
(2) the Commission shall grant type approval for each type of equipment once, and subsequent users of 
the same type of equipment shall not be requir ed to apply to the Commission for approval. 
 
(3) The Commission shall maintain a list of type approved equipment, which will be available upon 
request. 
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(4) Notwithstanding sub-regulation (2), where there is  a change of model, design or specification of 
equipment which had been type approved by the C ommission, the equipment shall be re-submitted for 
type approval. 
 
(5) The Commission shall conduct type approval in a ccordance with the procedures for type approval 
of communication equipment in Swaziland as it publishes from time to time. 
 
Exemptions from type approval 
6.  The Commission may, at its discretion, exempt any communications equipment that is temporarily 
imported into Swaziland for re-expor t from type approval requirements. 
 
Application for type approval  
7. (1) An application for approval of communications equipment shall be submitted in the prescribed forms 
issued by the Commission and shall be accompanied by – 
 
(a) test reports confirming compliance with the relevant standards; 
(b) technical, physical, operational, installation and user information; 
(c) software and firmware version numbers for the equipment being type approved; 
(d) proof of payment of the prescribed type approval fee. 
(2) A test report referred to in sub regulation 7(1)(a) is only valid if – 
(a) it was prepared for the equipment for wh ich type approval is being applied for; 
(b) no modifications have been made to the equipm ent following the completion of the test report; 
(c) it has been issued by an authorised test laboratory; (d) it has been submitted in full and may not be modified by the applicant; and  
(e) it is not older than 5 (five) years.  
 
(3) The Commission will not return any samples of equipment and associated literature submitted for the 
purpose of type approval or acceptance to the applicant. 
 
(4) The Commission may, where it deems it necessa ry, request the applicant to submit additional 
supporting documents. 
Evaluation 
8. (1) The Commission shall carry out technical evaluation of equipment by document examination and 
where applicable laboratory testin g of equipment sample, and in acco rdance with the procedures for 
type approval and acceptance of communication equipment in Swaziland which the Commission shall publish from time to time. 
 
(2) The samples of equipment submitted shall be – 
(a) in a good working condition; 
(b) properly configured for testing and complete with the necessary test adapters; and  
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  (c) clearly marked with the trade name, model and serial number. 
(3) Where the Commission requires clarification on the technical details or other specifications of the 
equipment submitted for type approval or acceptance, it shall notify the applicant and require the 
applicant to respond in the required manner wi thin the time specified by the Commission. 
(4) An application for type approval or type acce ptance shall be rejected or deemed to have been 
rejected by the Commission if the applicant fails to respond within two months from the date of the Commission’s request for details or clarifications. 
(5) The Commission shall evaluate an application and communicate its decision to the applicant within 
sixty days from the date of receipt for details or clarifications. 
 
(6) A successful outcome will result in the Commission issuing a type approval certificate, and an 
unsuccessful outcome will result in the Authority issuin g a letter containing reasons for the rejection of the 
application.  
 
(7) The applicant may, after addressing the issues stipul ated in the rejection letter, resubmit its application 
to the Commission. 
 
(8) The Commission may grant type approval where it is satisfied that the grant of the type approval – 
(a) is in the public interest; and 
(b) will not lead to harmful interference to any communications and radio communication network or be  
     a risk to human health or the environment. 
Type acceptance 
9. (1) The Commission may accept any equipment that has been granted type approval from another 
country or jurisdiction that is recognised by the Commission, which list of equipment shall be published by 
the Commission, and may be reviewed from time to time. 
 
(2) Notwithstanding paragraph (1), an applicant for type acceptance shall apply for type acceptance 
and shall submit – 
 
(a) a sample or samples of the equipment; 
(b) copies of test results; and  
(c) type approval certificate from that country or jurisdiction as part of an application to the Commission 
for type acceptance. 
(3) The Commission may, on its own initiative or upon receipt of an application, conduct inquiries to 
determine whether technical standards from other coun tries or jurisdictions sh ould be recognised in 
Swaziland for purposes of exempting any equipmen t from type approval or testing requirements. 
Provisional type approval 
10. (1) The Commission may award an applicant provisional type approval for up to 6 (six) months in the 
event that the applicant would like to use the communications equipment for –  
(a) Trial, research and demonstration on a non-commercial basis; 
(b) Test equipment at an authorised testing lab in Swaziland. S26 
 (2) When requesting provisional type approval, the applicant shall submit information regarding –   (a) the purpose and duration of the test, trial, research or demonstration; 
  (b) the geographic location of the test, trial, research or demonstration; 
  (c) the number of units to be tested; 
 (d) technical details of the units to be tested; 
 (e) details of the proposed recipients of the units; and  
 (f) proof of payment of the applicable fee. 
 (3) Where the Commission has determined that equi pment that is the subject of an application for 
provisional type approval complies with the provisio nal type approval requirements, the Commission may 
grant provisional type approval for a period not exceeding six months on such terms and conditions that 
it may determine. 
(4) The applicant shall submit the test, trial, research, or demonstration report to the Commission within 30 
days of the lapsing of the period for the provisional type approval. 
(5) The communications equipment that is awarded prov isional type approval in terms of sub-regulation 
(1) shall be used exclusively by the applicant and the persons identified as recipients in the application. 
(6) When granting provisional type approval to eq uipment, the Commission may, where it considers it 
necessary, limit the number of units of that eq uipment that an applicant can hold and utilise. 
(7) In the event that the applicant does not wish to apply for final type approval within or after the 
provisional type approval period, the applicant is obliged to ensure that all units that were deployed or used are withdrawn at the applicant’s own costs and within 30 (thirty) days from the lapse of the 
provisional type approval period. 
Final type approval 
11. (1) An application for final type approval shall be made  before the expiry of the provisional type approval 
period and shall indicate the date of grant of provisio nal approval and shall comply with the requirements 
of sub-regulation 7(1). 
 
(2) A provisional type approval shall not lapse or expire while an application for final type approval is 
pending at the Commission. 
Equipment imported for personal use 
12. (1) Equipment imported into Swaziland for personal use by an individual shall be declared at the 
Swaziland revenue Authority and be subjected to the approval processes of the Commission. 
 
(2) Equipment which does not meet the technical standards shall be confiscated and destroyed. 
 
(3) An individual importing equipment for personal use is limited to 10 (ten) units per year. S27 
Type approval certificate 
13. (1) The Commission shall issue a provisional or final ty pe approval certificate to the successful applicant 
for a specific model of equipment. 
 
(2) A type approval certificate, excluding a provisional type approval certificate, is valid for an unlimited 
duration provided that – (a) no modifications are made to the equipment with respect to brand, product name, model and 
function as recorded on the type approval certificate and the type approval register; 
(b) there are no significant changes to the techni cal specifications of the equipment and includes, 
but is not limited to – 
 (i) the operating frequency band; 
 (ii) RF power and technical standards on which basis the equipment was type approved. 
 
(3) The equipment or apparatus to be sold or used shall be of the same model that was granted the type 
 approval and not modified in any way without the approval of the Commission. 
 
(4) The grant of type approval under this Regulation shall not be construed as a guarantee for the proper  
functioning, performance or quality of the equipment by the Commission. 
 
(5) A supplier shall ensure that the approved equipm ent works properly with the public electronic  
communication network, where applicable. 
 
(6) The Commission shall not be liable for interference caus ed to other equipment, injury, or loss of life, or  
damage to property, arising as a direct or indire ct result of the use of any approved equipment. 
 
(7) where there is doubt relating to the interpretation  of a type approval specification, the method of 
 carrying out the test or the validity of the statemen ts made by the manufacturers of the equipment, the  
interpretation of the Commission shall be final. 
List of equipment 
14. (1) The Commission shall from time to time publish a list of prohibited equipment. 
 
(2) A person shall not supply, import or distribute for use any equipment that is not on the list or that is 
prohibited by the Commission. 
Type approval label 
15. (1) A type approval label shall be affixed to a ll communications terminal or network equipment. 
(2) Every supplier shall ensure that all equipment offere d for sale or private use have valid type approval 
or type acceptance certificates issued by the Commi ssion and is clearly affixed with a type approval 
label issued or approved by the Commission containing – 
(a) the logo of the Commission, or a recognised authority as may be specified by the Commission; 
(b) the type of equipment; and  S28 
(c)      the alphanumeric identification of the equipment. 
PART III 
CONDITIONS FOR IMPORTATION AND DISTRIBUTION 
Conditions for importation and distribution  
16. (1) A person shall not supply, import or distribute radio communications equipment unless that person has a licence 
granted by the Commission as specified in Section 41(1) of the Act. 
 
(2) A licensed supplier shall ensure that – 
      (a) the equipment is type approved by the Commission; and  
      (b) customers for radio communications equipmen t have radio communications licences from the Commission. 
 
(3) Notwithstanding paragraph (1), a person may import into Swaziland any type approved terminal  
equipment where the equipment is solely for personal use. 
 
(4) A person shall not sell communications equipment at a place  other than a shop or a distribution centre  
of a licensed supplier. 
Re-exportation of equipment 
17. (1) A supplier who intends to import and re-package equipm ent for re-exportation or transhipment shall apply for a 
permit from the Commission. 
 
(2) Prior to the importation of any communications equipment under this regulation, the supplier shall furnish or cause 
to be furnished to the Commission full particulars of the respective equipment and the business the supplier is involved in. 
 
(3) A supplier who imports and repackages equipment for re-exportation or transhipment, communications 
equipment imported without a permit issued under paragraph (1) commits
 an offence. 
PART IV 
TYPE APPROVAL FEES 
Type Approval Fees 
18. (1) The Commission shall charge type approval fees in terms of the Schedule of these Regulations. 
 
(2) Type approval fees are payable upfront and are non-refundable. 
(3) The Commission may amend the Schedule annually by notice published in the Government Gazette. 
PART V 
ENFORCEMENT 
Complaint procedure 
19. (1) A person may make a complaint in respect of the work ing of any equipment that has been type approved or 
objet to the type approval of any equipment by submitting a complaint or objection to the Commission in writing 
stating – 
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(a) the name and address of the complainant; 
(b) the name and address, if known, of the person against whom the complaint is made; and 
(c) the facts, including supporting data, where available, showing that the communication equipment does not 
confirm to these regulations and that the communication equipment may cause harmful interference to 
communications network or is a risk to human health or the environment. 
(2) The Commission shall forward a copy of the complaint or objection to the applicant or holder of a type approval 
certificate and give the applicant or holder an opportunity to give evidence to rebut the complaint or objection. 
(3) The Commission shall consider any complaint or objection received when considering the application for type 
approval or in evaluating the operation of equi pment for that has been granted type approval. 
Power to inspect 
20. An authorised officer of the Commission may at reasonable times enter premises on which a supplier is keeping 
communications equipment for the purpose of inspecting the equipment. 
Revocation of type approval of communication equipment 
21. (1) The Commission may, on its own motion or upon a co mplaint by any person, conduct investigations regarding 
the operation or use of communications equipment that has been granted provisional or final type approval and may revoke the type approval where it is satisfied that –  
(a) Any of the conditions of sub regulation 10(2) are violated or 
(b) The holder of a final or provisional type approval certificate has violated its conditions; or 
(c) The communications equipment is causing or is likely to cause harmful interference to communications network 
or is at risk to human health or the environment.  
(2) All equipment that is subject of a revoked type approv al certificate shall be withdrawn from the market at the 
cost of the supplier responsible for placing the equipment in the market within thirty (30) days of the notification date. 
 
(3) Any person who is aggrieved by the decision of the Co mmission made under this Regulation may appeal to the 
Appeals Board. 
Disposal of equipment 
22. (1) The communications equipment which has
 been submitted to the Commission for type approval and which due 
to destructive tests or other reasons the Commission determin es as not being suitable for return to the applicant, may 
be destroyed by the Commission. 
Offences and penalties 
23. A person who deals in or uses equipment without type approval or acceptance in accordance with these 
Regulations commits an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand 
Emalangeni (E20,000) or to two years imprisonment. 
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SCHEDULE 
EQUIPMENT TYPE APPROVAL FEES 
1. APPLICATION FEES 
 FEE (EMALANGENI)  
TELECOMMUNICATIONS TERMINAL 
EQUIPMENT (TTE) 4000 (FOUR THOUSAND)  
RADIO EQUIPMENT (RF) 4000 (FOUR THOUSAND)  
UNTESTED VARIANT 2000 (TWO THOUSAND)  
TESTED VARIANT 2000 (TWO THOUSAND)  
BADGE ENGINEERING 4000 (FOUR THOUSAND)  
LABELS (PACKETS OF 500) 500 (FIVE HUNDRED)  
PROVISIONAL TYPE APPROVAL  2000 (TWO THOUSAND)  
 
2. MISCELLANEOUS FEES 
 FEE (EMALANGENI) 
ADMINISTRATIVE MODIFICATIONS TO CERTIFICATE (E.G 
TRANSFER, NAME CHANG E ADDRESS CHANGE)  
500 (FIVE HUNDRED)  
RE-ISSUE OF ORIGIN CERTIFICATE FOR APPROVED EQUIPMENT 250 (TWO HUNDRED 
AND FIFTY)  
ADMINISTRATIVE AND TECHNICAL MODIFICATIONS 500 (FIVE HUNDRED)  
 
  
DUMISANI NDLANGAMANDLA 
MINISTER FOR INFORMATION, COMMUNICATIONS AND TECHNOLOGY 
  