BAHAMAS
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Lack of participation in the Patent Cooperation Treaty (PCT)
The Bahamas is not a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
BAHAMAS
Reported in 2020, last reported in 2022
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Screening of investment
It is reported that all foreigners or permanent residents seeking to do business in The Bahamas must submit a project proposal to the Bahamas Investment Authority (BIA). The BIA serves as a “one-stop shop” to assist investors in navigating the approvals process through various departments and agencies of the Government to ensure that requirements are met before the investment application is submitted to the National Economic Council or Cabinet for approval. The services of the BIA are available to all investors that meet the minimum requirement of an investment exceeding BSD $500,000 (approx. USD 500,000).
The BIA's Project Proposal Guidelines list the type of information and documentation that investors should provide when submitting proposals, consistent with the National Investment Policy. This includes a local representative (attorney, account, or agent) and an environmental impact, among other information.
It has been reported that companies have complained about significant delays in the approval process for FDI, including cases where the government has failed to respond to investment applications.
The BIA's Project Proposal Guidelines list the type of information and documentation that investors should provide when submitting proposals, consistent with the National Investment Policy. This includes a local representative (attorney, account, or agent) and an environmental impact, among other information.
It has been reported that companies have complained about significant delays in the approval process for FDI, including cases where the government has failed to respond to investment applications.
Coverage Horizontal
Sources
- https://www.bahamas.gov.bs/wps/wcm/connect/92388b77-c2d5-4948-b634-c83f0457145d/Revamping+the+National+Investment+Policy+of+The+Bahamas+Appendix+A.pdf?MOD=AJPERES
- https://www.bahamas.gov.bs/wps/portal/public/gov/government/services/!ut/p/b1/vZTZjuI6FEW_pT6Aip3EGR6dgUDmwc70goBASCAhRUICfH3TUl1d1W11la7UXfaT5X20dPY-NpMzKZO367Eq10N1btenn-dcWHHAcDDmJcdAQABL6tvYFxes5M...
- https://uk.practicallaw.thomsonreuters.com/w-008-1728?transitionType=Default&contextData=(sc.Default)&firstPage=true
- https://www.state.gov/reports/2022-investment-climate-statements/the-bahamas/
- http://www.geographia.com/investment/invest01.htm
- https://www.privacyshield.gov/ps/article?id=Bahamas-Openness-to-and-Restriction-on-Foreign-Investment
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BAHAMAS
Since September 2021, last amended in 2023
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Public Procurement Act, 2021
According to Art. 46.3 of the Public Procurement Act, the Minster may specify by Order the allocation of procurements to small and medium sized businesses.
Coverage Horizontal
BAHAMAS
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)
The Bahamas is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). In fact, the country is not a member of the WTO.
Coverage Horizontal
BAHAMAS
Reported in 2022
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
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. These sectors include: (i) agencies engaged in import or export; (ii) domestic advertising; and (iii) domestic newspapers and magazine publications. It is not clear whether these restrictions also apply online.
Coverage Agencies engaged in imports and exports, advertising, newspapers
Sources
- https://www.bahamas.gov.bs/wps/portal/public/Investment%20Opportunities/Reserved%20for%20Bahamians/!ut/p/b1/vZPLkqJAEEW_pT-gm4KSApaoPC1KeSMbAlBQ5KWFD_j6sWM6YlbtbGY6c5UR9-aJvBHJxEzExG16O5bpcOzatP6cY5RA...
- https://www.state.gov/reports/2022-investment-climate-statements/the-bahamas/
- https://bahconga.com/pdf/National-Investment.pdf
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BAHAMAS
Since June 2010, last amended in 2011
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Framework Regional Integration Policy on Public Procurement (CARICOM)
According to Art. 52 of the Framework Regional Integration Policy on Public Procurement 2011, CARICOM countries can apply a margin of preference to suppliers from the region. However, the law does not specify the margin of preference.
Coverage Horizontal
BAHAMAS
Reported in 2023
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
Foreign companies have complained about lack of transparency in government procurement. Companies complain that the tender process for public contracts is inconsistent, and allege it is difficult to obtain information on the status of bids.
Coverage Horizontal
BAHAMAS
Since September 2021, last amended in 2023
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Public Procurement Act, 2021
According to Art. 46 of the Public Procurement Act, a margin of preference may be applied to domestic suppliers in the tender documents and in accordance with the rules of domestic preference prescribed by regulations. In addition, according to Art. 91, the Minister of Finance may issue general and specific regulations to give full effect to the provisions of this Law, which may include, inter alia, rules of domestic preference.
Coverage Horizontal
BAHAMAS
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)
26.55%
Coverage rate of zero-tariffs on ICT goods (%)
36%
Coverage: Digital goods
BAHAMAS
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)
The Bahamas is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II). In fact, the country is not a member of the WTO.
Coverage ICT goods
AUSTRIA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Austria 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
AUSTRIA
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
Austria 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
AUSTRIA
Since June 2014
Since May 2014, last amended in July 2022
Since May 2014, last amended in July 2022
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU
Federal Act of 8 March 1979 Establishing Provisions for the Protection of Consumers (Consumer Protection Law)
Federal Act of 8 March 1979 Establishing Provisions for the Protection of Consumers (Consumer Protection Law)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Federal Act of 8 March 1979 Establishing Provisions for the Protection of Consumers (Consumer Protection Law).
Coverage Horizontal
Sources
- https://e-justice.europa.eu/content_consumer_rights_directive_201183-639-en.do
- Federal Act of 8 March 1979 Establishing Provisions for the Protection of Consumers (Consumer Protection Law)
- https://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2014_I_33/BGBLA_2014_I_33.pdfsig
- https://www.ris.bka.gv.at/Dokumente/Erv/ERV_1979_140/ERV_1979_140.pdf
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AUSTRIA
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
Austria has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
AUSTRIA
Since March 2010, entry into force in May 2010, last amended in 2018
Since July 2001, last amended April 2022
Since July 2001, last amended April 2022
Pillar Quantitative trade restrictions for ICT goods, products and online services |
Sub-pillar Local content requirements (LCRs) on ICT goods for the commercial market
EU Directive on Audiovisual Media Services (AVMS)
Audiovisual Media Services Act
Audiovisual Media Services Act
The EU Directive on Audiovisual Media Services (AVMS) covers traditional broadcasting services as well as audiovisual media services provided on-demand, including via the Internet. Article 13(1) provides for Member States to secure a minimum 30% share of European works in the catalogues as well as "ensuring prominence" of those works. "Prominence" involves promoting European works through facilitating access to such works using any appropriate means to ensure prominence of European works. The Directive has been implemented by Member States in different ways, ranging from very extensive and detailed measures to a mere reference to the general obligation to promote European works.
Art. 51 of Audiovisual Media Services Act establishes that television broadcasters must ensure that at least 10% of the transmission time of their television programs that does not consist of news, sports reports, game shows or advertising and teletext, or alternatively at least 10% of their budget for the programming of the reserved for the broadcasting of European works by producers independent of broadcasters. This proportion is to be gradually achieved in the areas of information, education, culture and entertainment using suitable criteria. To this end, an appropriate proportion must be reserved for newer works, ie works that are broadcast within a period of five years after their production.
Art. 51 of Audiovisual Media Services Act establishes that television broadcasters must ensure that at least 10% of the transmission time of their television programs that does not consist of news, sports reports, game shows or advertising and teletext, or alternatively at least 10% of their budget for the programming of the reserved for the broadcasting of European works by producers independent of broadcasters. This proportion is to be gradually achieved in the areas of information, education, culture and entertainment using suitable criteria. To this end, an appropriate proportion must be reserved for newer works, ie works that are broadcast within a period of five years after their production.
Coverage Broadcasting