Database

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JAMAICA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Lack of comprehensive regime on trade secrets
Jamaica does not have a comprehensive framework in place that provides effective protection of trade secrets, but it is reported that trade secrets are protected by common law principles and through contractual arrangements.
Coverage Horizontal

JAMAICA

Since March 2000, as amended in May 2012
Since December 2022

Pillar Telecom infrastructure & competition  |  Sub-pillar Passive infrastructure sharing obligation
The Telecommunications Act, 2000

Telecommunications (Infrastructure Sharing) Rules, 2022
Section 29A of the Telecommunications Act empowers the Office of Utilities Regulation (OUR) to impose a passive infrastructure sharing obligation on a licensee where it deems it to be justified. In the exercise of the OUR's authority as conferred by Section 29A of the Act, the Infrastructure Sharing Rules were enacted. Rule 4 stipulates that a licensee shall share its infrastructure with another licensee in the event that the licensee is classified as a dominant public communications carrier or that the infrastructure is funded, in whole or in part, by government funding.
Coverage Telecommunications sector

JAMAICA

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
Jamaica does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there is an obligation of accounting separation since 2000. Section 30 of The Telecommunications Act makes it obligatory for each dominant public telecommunications carrier to “keep separate accounts in such form and containing such particulars as will enable the Office to assess whether that carrier provides interconnection services in accordance with the principles specified” at paragraph 1.4. A more general provision is set out in Section 4(5), which provides for the Office to “make rules prescribing the system of regulatory accounts to be kept by a dominant carrier or service provider”.
Coverage Telecommunications sector

JAMAICA

Since April 1997

Pillar Telecom infrastructure & competition  |  Sub-pillar Signature of the World Trade Organization (WTO) Telecom Reference Paper
WTO Telecom Reference Paper
Jamaica has appended the World Trade organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

JAMAICA

N/A

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Participation in the World Trade Organization (WTO) Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Jamaica is not a signatory of the 1996 World Trade organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'JM')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"83984"},{"post_id":"83985"},{"post_id":"83986"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'JM')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'JM')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"1.00"}]

JAMAICA

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
6.78%
Coverage rate of zero-tariffs on ICT goods (%)
54.07%
Coverage: Digital goods

INDONESIA

Since November 2019

Pillar Online sales and transactions  |  Sub-pillar Licensing scheme for e-commerce providers
Government Regulation of the Republic of Indonesia No. 80 of 2019 on Trading Through Electronic Systems (Peraturan Pemerintah Republik Indonesia Nomor 80 Tahun 2019 Tentang Perdagangan Melalui Sistem Elektronik)
According to Government Regulation No. 80/2019 on Trading Through Electronic Systems, both domestic and foreign e-commerce business actors must obtain a business license to engage in e-commerce activities. However, intermediary service operators are exempt from this requirement if they are not direct beneficiaries of an e-commerce transaction or are not directly involved in an e-commerce contractual relationship with the parties involved. Business license applications can be submitted through the Electronic Integrated Business Licenses system (Perizinan Berusaha Integrasi Secara Elektronik) in accordance with prevailing laws and regulations.
Furthermore, the E-commerce Law stipulates a list of compliance requirements for both local and foreign e-commerce operators, including prioritising the use of an Indonesian domain name, using server equipment housed in a data centre, registering as an electronic system operator with the Ministry of Communication and Informatics, and submitting periodic data and/or information to the statistics bureau, with further provisions to be governed by the bureau.
Coverage Horizontal

INDONESIA

Since March 2016

Pillar Online sales and transactions  |  Sub-pillar Restrictions on online payments
Ministry of Communication and Informatics Circular Letter No. 3/2016
The Ministry of Communications and Informatics issued Circular Letter No. 3/2016 on 31 March 2016, establishing the regulatory framework for the delivery of application and content services via the Internet, commonly referred to as Over the Top (OTT) Services. The Circular categorises OTT Services into two main types. The first, OTT Application Services, involves the use of internet protocol-based telecommunications networks to provide functions such as text messaging, voice and video calls, online chatting, financial transactions, data storage, gaming, social networking, and related services. The second, OTT Content Services, encompasses the provision of digital information in formats such as text, sound, images, animations, videos, music, films, and games, delivered via streaming or downloads over telecommunications networks.
Under Section 5, the Circular imposes specific obligations on OTT Service Providers, including the mandatory use of a domestic payment system (Indonesia’s National Payment Gateway) operated by a legal Indonesian entity, as well as the use of Indonesian Internet Protocol numbers (Sections 5.5.5 and 5.5.6).
Coverage OTT services

INDONESIA

Since December 2019
Since January 2020

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Minister of Finance Regulation No. 199/2019 (Nomor 199 /PMK.Ol0/2019)

Director General Customs and Excise Regulation No. 2/2020
According to the Minister of Finance Regulation No. 199/2019 and Director General Customs and Excise Regulation No. 2/2020, de minimis threshold, that is, the minimum value of goods below which customs do not charge duties, is USD 3, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC). It is reported that, by the Director General Customs and Excise Regulation No. 2/2020, Indonesia lowered the threshold for import duty exemption for major imported products from USD 75 per consignment to USD 3 per consignment in order to protect the domestic industry.
Coverage Horizontal

INDONESIA

Since June 2013

Pillar Online sales and transactions  |  Sub-pillar Restrictions on domain names
Regulation No. 23 of 2013 on Domain Name Management (Peraturan Menteri Komunikasi dan Informatika Nomor 23 Tahun 2013 tentang Pengelolaan Nama Domain)
According to Regulation No. 23 of 2013 on Domain Name Management, websites are considered electronic systems, and as such, they need to get certified before registering for a domain name. Websites must also provide the identity of the party providing such an electronic system and information on the object of any transaction. It is reported that a local presence is required for domain name registration
Coverage Horizontal

INDONESIA

Since November 2019
Since October 2023

Pillar Online sales and transactions  |  Sub-pillar Local presence requirements for digital services providers
Government Regulation of the Republic of Indonesia No. 80 of 2019 on Trading Through Electronic Systems (Peraturan Pemerintah Republik Indonesia Nomor 80 Tahun 2019 Tentang Perdagangan Melalui Sistem Elektronik)

Ministry of Trade (MOT) Regulation No. 31/2023 on Provisions on Business Licensing, Advertisement, Development, and Supervision of Business Actors in Electronic Systems Trading
The E-commerce law states that subject to certain thresholds, foreign business actors that actively conduct e-commerce activities with consumers in Indonesia are deemed as physically present in Indonesia and conducting fixed business activities in Indonesia. These thresholds include (i) number of transactions, (ii) transaction value, (iii) number of shipped packages, and/or (iv) volume of traffic or number of users. A foreign business actor that meets any of the thresholds must appoint an Indonesian representative who can act on its behalf.
Moreover, in May 2020, Indonesia issued Ministry of Trade (MOT) Regulation No. 50/2020, which required certain foreign e-commerce operators to establish a local representative office in Indonesia. However, this regulation has since been revoked by the MOT with the publication of Regulation No. 31/2023 on Provisions on Business Licensing, Advertisement, Development, and Supervision of Business Actors in Electronic Systems Trading. Under Regulation 50, foreign e-commerce operators were subject to Indonesian e-commerce regulations and had to establish a representative office in Indonesia if they fulfilled any of these criteria:
- They transact with at least 1,000 consumers in Indonesia annually.
- They annually deliver at least 1,000 packages to consumers in Indonesia.
In addition, regulation 31 has placed one more alternative criterion, namely, if traffic to the operator (presumably website/platform) constitutes at least 1% of total local internet traffic in Indonesia within a one-year period.
Coverage E-commerce

INDONESIA

Since October 2019
Since November 2020

Pillar Online sales and transactions  |  Sub-pillar Local presence requirements for digital services providers
Government Regulation No. 71/2019 on the Provision of Electronic System and Transaction (Peraturan Pemerintah (PP) Nomor 71 Tahun 2019 Penyelenggaraan Sistem dan Transaksi Elektronik)

Indonesia Minister of Communication and Informatics Regulation No. 5/2020 (Peraturan Menteri Komunikasi dan Informatika Nomor 5 Tahun 2020 tentang Penyelenggara Sistem Elektronik Lingkup Privat)
According to the Minister of Communication and Informatics Regulation No. 5 of 2020 on Private Electronic System Operators, foreign Private Electronic System Operators (ESOs) are required to register their businesses with the relevant ministry through the online single submission system. ESOs should also appoint liaison officers, who have to be domiciled in Indonesia. The duty of the liaison officer is to facilitate any access request by government authorities and takedown requests. According to the regulation, ESOs are persons, business entities, or communities that operate an electronic system. ESOs include electronic system operators that are supervised by ministers or institutions in accordance with laws and regulations and electronic system operators that have an online portal, site, or application through the Internet. The requirement was first enacted with Government Regulation No. 71/2019 regarding the Provision of Electronic Systems and Transaction which repealed the Government Regulation No. 82 of 2012.
Coverage Electronic system operators

INDONESIA

Since April 2008

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Law No. 11 Year 2008 concerning Information and Electronic Transactions
Law No. 11 Year 2008 concerning Information and Electronic Transactions provides a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal

INDONESIA

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Indonesia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

INDONESIA

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Indonesia has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

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