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The Information Technology (IT) and Cybersecurity Bill, published on 10 March 2024 for public feedback, is currently under review by MOCIT (Ministry of Communication and Information Technology). Aimed at addressing digital signatures, cloud computing, cybercrime and major digitalization of public services, including the creation of websites for all government agencies, establishment of a national cybersecurity center, and forensic center, it represents Nepal’s stride toward implementing robust IT and cybersecurity regulations.

Nepal aims to implement these regulations to tackle the rising tide of crime due to fast digitization in the country. However, certain aspects of the bill, particularly concerning cloud computing and data centers, raise concerns. The requirement for companies to obtain licensing approval and undergo yearly renewal, while perhaps well-intentioned, may not foster innovation and economic growth effectively. Considering the substantial investment required for data centers and cloud computing infrastructure, businesses should ideally focus on their core operations without undue bureaucratic hurdles.

If we see international practice, especially the EU and the USA do not mandate specific licensing requirements for data centers or cloud service providers at the national level. Instead, companies are regulated by industry standards and market competition, while compliance with relevant regulations ensures legal operation and maintains customer trust. If we examine India's approach to supporting businesses through its policies, we find that it employs various strategies that aid in fostering businesses from their inception. These strategies include ensuring that all approvals required for commencing business are granted within 15 working days, offering 100 percent exemption from property tax for 10 years, and providing subsidies such as Capital Investment Subsidy, Lease Rental Subsidy and Interest Subsidy.

Several other provisions within the bill could have significant impacts on businesses. For example, the requirement for companies operating critical infrastructure to submit design and configuration documents to government bodies raises concerns regarding potential violations of intellectual property rights. Here, the bill fails to address the issue of compensating businesses for damages resulting from intellectual property theft. In cases of intellectual property theft, only minimal punishment and fines need to be paid to the government, with no compensation provided to the intellectual property owner. This omission could leave affected companies vulnerable to substantial financial losses without any possibility of recovery.

Also, instead of imposing permits for importing and distribution of IT equipment from government bodies, the government could have mentioned the establishment of minimum standards, allowing the import of equipment meeting or exceeding these standards without approval. 

The requirement for data storage within Nepal's borders for financial and health organizations may pose feasibility challenges, especially during the period when the government is aggressively promoting cross-border financial practices. In the case of data collected by private organizations, it may be more practical to allow them to store their data in public clouds, with the condition that they are responsible for ensuring the security of their information. The level of security required should be determined based on the sensitivity of the data being stored, with varying levels of security measures such as encryption being implemented accordingly.

Several provisions within the bill raise concerns for individuals as well. For example, the provision allowing the storage and use of sexual material for educational or medical purposes could potentially be misused. Stringent cybersecurity measures must be applied to the machines storing such material. If the material is leaked or hacked due to inadequate security measures, the entity responsible for storing it should be held accountable, and appropriate punishment should be enforced. 

The definition of criminal activity outlined in the bill is quite vague in many places, raising significant privacy concerns. Under this definition, the government could demand the submission of personal private keys. Additionally, provisions allowing investigating officers, such as police inspectors, to collect electronic devices and traffic data without proper oversight could be prone to misuse. It is recommended that higher-ranking officials, like SSPs or DIGs, oversee such activities to ensure accountability and prevent potential misuse.

The meeting of the National Cybersecurity Committee that is mentioned in this bill itself does not validate the live video link or any other electronic means of communication or online meetings for any meeting of the committee, where physical presence is mandatory. The government is trying to address emerging technologies like AI and blockchain, with few definitions for proper use but these technologies will require further study and regulations going forward.

While the IT and Cybersecurity Bill represents a significant step toward bolstering Nepal's digital infrastructure, careful consideration and amendments are necessary to address concerns and ensure the bill aligns with business-friendly practices and privacy rights. As technology is rapidly changing, it becomes imperative that the laws are modified at the same pace, something which was lacking in the past.

The author is a cybersecurity professional and student of information management. Views are personal

Prime Minister Pushpa Kamal Dahal has said that there should be an exchange of bilateral assistance between Nepal and Qatar in the best interests of both nations by further consolidating the bilateral ties.

During a bilateral meeting held between the Emir of the State of Qatar, Sheikh Tamim Bin Hamad Al-Thani, who arrived here on Tuesday on the two-day state visit, the Prime Minister apprised the distinguished guest from Qatar that Nepal offers ample and appropriate opportunities for investment in agriculture, tourism, and infrastructure sectors.

Stating that Nepali migrant workers in Qatar have served as a tool to further strengthen the friendly relations between Nepal and Qatar, the Prime Minister spoke of the need to deepen such ties in the days to come.

He utilized the meeting to call on Qatar to facilitate the safe release of Nepali student Bipin Joshi who has been missing since the conflict between Israel and Hamas.

Stating Nepal and Qatar always enjoy a cordial relationship, the Prime Minister said this relationship is founded on cordial friendship, mutual respect, trust, and assistance. "Qatar remains as a reliable friend of Nepal and such relations are getting deeper and extended. These relations are not limited to just an official level but have been expanded to the people-to-people level as well."

He expressed his hope that a high-level visit between the two countries will contribute to further strengthening ties, taking them to a new height. 

Describing Nepal as 'one the attractive destinations for investment for the globe', the Prime Minister said agriculture, energy, hydropower, infrastructure development, tourism, information and communications technology, service and hospitality sectors are suitable areas for foreign investment in Nepal. 

Stating that Nepal was a suitable place for producing organic agricultural products due to its geographical diversity, PM Dahal said that the Qatari investors would be encouraged to consider investment in this sector since Nepal was a center of attraction in tourism in the world parlance, the PM asserted that the foreign investment made in tourism infrastructures would not go in vain.

He viewed that the ascent of the highest mountain in the world-Sagarmatha (Mt Everest) by the first Qatari man, Sheikh Mohammed bin Abdulla Al-Thani in 2013, had contributed to the promotion of Nepal's tourism in the world.

On the occasion, PM Dahal requested to include Nepal in the list of Qatar's Tourism Authority's external tourism destinations.

Proposal for flight to Qatar from Lumbini and Pokhara

PM Dahal urged the Qatari government for operation of flights from Lumbini and Pokhara to Qatar as well. The PM placed the request during the bilateral discussions.

Stating that there were effective and sufficient air transportation between Kathmandu to Doha, PM Dahal urged the Qatari government to consider operating flights from Lumbini and Pokhara to Doha as well.

Stating that many agreements and MoU were signed between Nepal and Qatar, PM Dahal viewed that the agreements and MoU between the two countries should be amended and updated with the demand of time.

Migrant labor and bilateral relations

PM Dahal observed that around 400,000 Nepalis migrant workers working in Qatar at present were an important bridge further cementing the bilateral ties between Nepal and Qatar. 

Sharing that the government of Nepal was going to establish vocational training and skill development centers for aspiring Nepali migrant workers to Qatar, he urged the Qatari government for its assistance in setting up such centers.

Nepal's priority is economic development

Prime Minister Dahal asserted that economic development is Nepal's priority and it expected continued support from friendly countries and the development partners for fulfilling its development aspirations, including the graduation from least developed country status in 2026, stating economic development was Nepal's priority.

He expressed the confidence that the Government of Qatar will provide assistance to Nepal in the development of big infrastructure projects such as international standard cricket and football stadiums, hydropower production and construction of hospitals and health facilities.

Request to take initiative for Bipin Joshi's release

Likewise, Prime Minister Dahal has urged Qatar to take initiative for securing the safe release of Nepali student Bipin Joshi who has gone missing after the Hamas' attack on Israel.

"Bipin Joshi, an innocent Nepali student who was in Israel in connection to his educational practical exam, is missing following Hamas' attack on Israel on October 7, 2023 and his condition is not known yet," the PM said, adding, "I want to again place a request before he Government of Qatar for facilitating his prompt and safe release."

He further said, "I would like to request Your Highness to take personal initiative and draw attention to this topic."

Expressing concern over the deteriorating situation in West Asia, the PM wished that peace could be restored with the halt in war at the earliest.

Taskforce to facilitate investment

Meanwhile, Nepal and Qatar have agreed to form a taskforce from both sides to facilitate investment and other areas of mutual cooperation.

According to Dr Rupak Sapkota, foreign affairs advisor to the Prime Minister, such an agreement was reached during the one-to-one and the bilateral delegation level between Prime Minister Dahal and the Qatari Amir who returned home today on completion of his two-day State visit to Nepal beginning on Tuesday. 

Wrapping up his two-day state visit to Nepal, Qatari Emir Sheikh Tamim Bin Hamad Al Thani returned home today.

President Ram Chandra Poudel had reached the Tribhuvan International Airport (TIA) to bid farewell to the Qatari Emir.

Vice President Ram Sahay Prasad Yadav, Prime Minister Pushpa Kamal Dahal, Speaker Devraj Ghimire, Deputy Prime Minister and Minister for Foreign Affairs Narayan Kaji Shrestha, Deputy Prime Minister and Minister for Physical Infrastructure and Transport Raghubir Mahaseth, Minister for Energy, Water Resources and Irrigation Shakti Bahadur Basnet, Minister for Culture, Tourism and Civil Aviation Hit Bahadur Tamang and Chief Secretary Baikuntha Aryal, among other high officials were also present at TIA to see off the Emir.

A contingent of the Nepali Army offered a guard of honor and fired 21 cannon salvoes on the occasion.

The Qatari Emir arrived in Kathmandu on Tuesday for the state visit at the cordial invitation of President Paudel.

Qatari Emir Al Thani and President Paudel held talks at the Office of the President, Shital Niwas the same day.

President Paudel hosted a banquet in the Emir's honor the same evening.

Prime Minister Dahal and the Qatari Emir held a delegation-level meeting today. The two countries signed an agreement and five memoranda of understanding on various areas of cooperation on the occasion.

This is the Emir's first visit to Nepal after the two countries established diplomatic ties on January 21, 1977.

Nepal had set up its embassy in Doha on July 11, 2000 and Qatar its embassy in Kathmandu in August 2011.

Nepal and Qatar have reached to an agreement and understanding to collaborate in the art and culture, education, communication, youth and sports, legal assistance, and the industry and commerce sectors.

These agreements and MoUs were signed today on the occasion of the state visit of Emir of Qatar, Sheikh Tamim Bin Hamad Al Thani, said Amrit Bahadur Rai, spokesperson at the Ministry of Foreign Affairs.

The two countries signed the Memorandum of Understanding (MoU) on collaboration in the area of art and culture, exchange of news between the official news agencies of Nepal and Qatar, and exchange of cooperation in the education sector.

The agreements and MoUs were signed in the presence of the Qatari Emir and Prime Minister Pushpa Kamal Dahal following bilateral talks between them at the Soaltee Hotel today.

The Agreement signed today is on Cooperation and Exchange of News between National News Agency, Nepal (RSS) and Qatar News Agency (QNA).

The MoUs signed include: the Memorandum of Understanding  for cooperation in the fields of culture and arts between the Ministry of Culture, Tourism and Civil Aviation of Nepal and the Ministry of Culture of the State of Qatar; the Memorandum of Understanding for cooperation in the field of education, higher education and scientific research between the Government of Nepal and the Government of  the State of Qatar; the Memorandum of Understanding on cooperation in the field of youth and sports between the Government of Nepal and the Government of the State of Qatar; the Memorandum of Understanding for cooperation between the Office of the Attorney General of Nepal and the Public Prosecution of the State of Qatar and the Memorandum of Understanding  on cooperation in the field of diplomatic training and education between the Institute of Foreign Affairs (IFA) of the Government of Nepal and The Diplomatic Institute of the Ministry of Foreign Affairs of the State of Qatar.