BARBADOS
Since August 2001, last amended in February 2006
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the application process for patents
Patent Act, Chapter 314
According to Art 17.5 of the Patent Act, an applicant (both foreigner and local) for a patent must be represented by a patent agent in Barbados. In addition, it is reported that to be a patent agent in Barbados, it is mandatory to be an attorney-at-law licensed and registered with the Corporate Affairs and Intellectual Property Office.
Coverage Horizontal
BARBADOS
Since March 1992, last amended in February 2008
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Commercial presence requirement for digital services providers
International Business Companies Act, Chapter 77
In accordance with Section 8.1 of the International Business Companies Act, all entities categorized as International Business Companies, which engage in international manufacturing, trade, and commerce, are required to establish a registered office within Barbados as a prerequisite for conducting operations within the country. It is not clear whether this requirement also applies to e-commerce. Under this Act, a company cannot obtain a license to conduct international business activities unless it maintains residency status in Barbados. According to Art. 3, "residency" entails a situation where over 50% of all the company's issued shares are under the beneficial ownership and control, whether through direct or indirect means, of individuals resident in Barbados.
Coverage Horizontal
BARBADOS
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Barbados is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
BARBADOS
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Participation in the 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)
Barbados is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
BARBADOS
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Effective tariff rate to ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
7.5%
Coverage rate of zero-tariffs on ICT goods (%)
36.6%
Coverage: Digital goods
BAHAMAS
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Bahamas has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
BAHAMAS
Since July 2006
Since June 2003
Since June 2003
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Protection Act
Electronic Communications and Transactions Act
Electronic Communications and Transactions Act
The Consumer Protection Act and the Electronic Communications and Transactions Act provide a comprehensive consumer protection framework that also applies to online transactions.
Coverage Horizontal
BAHAMAS
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention of Electronic Communications
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Bahamas has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
BAHAMAS
Since 2003
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Bahamas has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
BAHAMAS
N/A
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Bahamas does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal
BAHAMAS
Since July 2017
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
Payment Instruments (Oversight) Regulation, 2017
According to Art. 7 of the Payment Instruments Regulation, a payment institution can only issue payment instruments in Bahamian dollars and issue a payment up to BSD 15,000 (approx. 15,000 USD). According to Art. 2, payment instrument means any instrument, whether tangible or intangible, that enables a person to obtain money, good or services or to otherwise make payment or transfer money. As a result, this also affects online payments.
Coverage Horizontal
BAHAMAS
Since January 2013
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Self-certification for product safety
Guidelines for the Type Approval of Licence
The Utilities Regulation and Competition Authority (URCA) is the body with responsibility under the Communications Act 2009 for regulation of the electronic communications sector in The Bahamas. According to Art. 2.1 of the Guidelines for the Type Approval of Licence, an application for type approval can be made by any manufacturer/producer, dealer or importer of a low power device, or a duly authorized agent acting on behalf of the manufacturer. According to Art. 2.3 of the Guidelines, the granting of type approval is based on the receipt by URCA of a submission containing adequate test reports and other supporting documents demonstrating compliance with the required standards. The type approval device must bear the same model number as the test report, including a declaration of conformity issued by the manufacturer. According to Art. 2.4 a declaration of conformity, issued by the manufacturer of the device on company letterhead or letterhead and signed by an authorized representative of the manufacturer, confirming that the device complies with the relevant standards (e.g. radio, health and safety, EMC, etc.) must be submitted.
Coverage Electronic products
BAHAMAS
Reported in 2022
Pillar Quantitative trade restrictions for ICT goods, products and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Ban of foreign investment
It is reported that in The Bahamas several business sectors have been reserved for Bahamian nationals, and therefore foreigners cannot invest, although there are cases in which the National Economic Council (NEC) has made exceptions. This applies also to agencies engaged in import or export.
Coverage Agencies engaged in imports and exports
BAHAMAS
Since August 2010, last amended in July 2022
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Business Licence Act 2010
According to Art. 3 of the Business Licence Act 2010, no person shall carry on a business within The Bahamas without a licence by the Secretary of Revenue. However, according to Art. 4, the Secretary shall not grant a licence to a foreign person unless such application has received the approval of the Minister of Finance.
Coverage Horizontal
BAHAMAS
Since June 2003
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for copyright infringement
Electronic Transactions Act, 2003
The Electronic Transactions Act, 2003 establishes a safe harbour regime for intermediaries for copyright infringements. According to Art. 19 of the Act, an intermediary shall not be subject to any civil or criminal liability in respect of third-party information contained in an electronic communication for which such intermediary is only providing access and he: (i) has no actual knowledge that the information gives rise to civil or criminal liability; (ii) is not aware of any facts or circumstances from which the likelihood of civil or criminal liability in respect of the information ought reasonably to have been known; (iii) follows the takedown procedure set out in section 20 when acquires knowledge that the information gives rise to civil or criminal liability or becomes aware of facts or circumstances from which the likelihood of civil or criminal liability in respect of the information ought reasonably to have been known.
Coverage Internet intermediaries