ZAMBIA
Reported in 2018, last reported in 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Screening of investment
It is reported that the Zambia Development Agency (ZDA) Board conducts mandatory screening of all foreign investments. Investment applications undergo thorough due diligence to assess factors such as job creation, human resource development, the project's export orientation, its potential environmental impact, the extent of technology transfer, and any other considerations deemed relevant by the Board.
Coverage Horizontal
ZAMBIA
Since November 2001
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Zambia is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
ZAMBIA
Since December 1994, last amended in August 2010
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Copyright and Performance Rights Act, Cap 406, 1994
Zambia has a clear regime of copyright exceptions that follows the fair dealing model, which enables the lawful use of copyrighted work by others without obtaining permission. Section 21 of the Copyright Act enumerates a wide range of exceptions, including (i) use for private study or personal research by an individual, provided it is not for profit; (ii) criticism or review of the work, or any other work, with proper acknowledgement; and (iii) reporting of current events, among others.
Coverage Horizontal
ZAMBIA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
6.72%
Coverage rate of zero-tariffs on ICT goods (%)
34.96%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
ZAMBIA
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator 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)
Zambia is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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ZAMBIA
Since November 2020, entry into force in April 2021, last amended in 2023
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Public Procurement Act No. 8, 2020
According to Art. 39.4 of the Public Procurement Act, a procuring entity must use open international bidding when goods, works, or non-consulting services are not competitively available from at least three suppliers within the Republic of Zambia. Furthermore, Art. 39.5 stipulates that participation in open international bidding is open to all bidders, including citizen bidders, local bidders, and foreign bidders partnered with citizen bidders or citizen suppliers. Foreign bidders participating under Subsection 5 are required to partner with a citizen supplier or citizen bidder.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230924101432/https://www.parliament.gov.zm/sites/default/files/documents/acts/The%20Public%20Procurement%20Act%20No.%208%202020.pdf
- https://web.archive.org/web/20240228224527/https://www.zppa.org.zm/documents/20182/197698/Act+No.+17+of+2023%2C+The+Public+Procurement.pdf/295bb334-92d3-42fb-8367-c430c938f2ba
ZAMBIA
Since November 2020, entry into force in April 2021, last amended in 2023
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Public Procurement Act No. 8, 2020
According to Art. 41 of the Public Procurement Act, procuring entities must use open national selection as the default method for procuring consulting services. However, open international selection must be used in cases where (i) consulting services are not competitively available from at least three suppliers within the Republic of Zambia; (ii) regional or international participation is required under an agreement entered into by the Government; or (iii) the procuring entity operates in a specialised industry, and the consulting services needed are of a specialised nature.
Coverage Consulting services
Sources
- https://web.archive.org/web/20230924101432/https://www.parliament.gov.zm/sites/default/files/documents/acts/The%20Public%20Procurement%20Act%20No.%208%202020.pdf
- https://web.archive.org/web/20240228224527/https://www.zppa.org.zm/documents/20182/197698/Act+No.+17+of+2023%2C+The+Public+Procurement.pdf/295bb334-92d3-42fb-8367-c430c938f2ba
ZAMBIA
Since November 2020, entry into force in April 2021, last amended in 2023
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Public Procurement Act No. 8, 2020
Section 91 of the Public Procurement Act establishes a preference and reservation scheme for citizens or local suppliers, as well as bidders offering goods, works, or services with local content. Certain procurement opportunities are also reserved for target groups, including SMEs, women, youths, and persons with disabilities. Additionally, greater preference is granted to joint ventures or associations involving citizens or local suppliers than to foreign suppliers subcontracting them. The margin of preference to be applied is not predetermined; instead, it is set by the Public Procurement Authority in collaboration with the Citizens' Economic Empowerment Commission and other relevant government departments and statutory bodies in each tender procedure.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230924101432/https://www.parliament.gov.zm/sites/default/files/documents/acts/The%20Public%20Procurement%20Act%20No.%208%202020.pdf
- https://web.archive.org/web/20240228224527/https://www.zppa.org.zm/documents/20182/197698/Act+No.+17+of+2023%2C+The+Public+Procurement.pdf/295bb334-92d3-42fb-8367-c430c938f2ba
- https://web.archive.org/web/20210919105505/https://www.zppa.org.zm/documents/20182/85608/CIRCULAR_2_OF_2021_COMMENCEMENT+OF+THE+PUBLIC+PROCUREMENT+ACT+NO.+8+OF+2020.pdf/f5fba563-8c53-42bd-9cff-bedd649...
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ZAMBIA
Since 2018
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
National Local Content Strategy 2018-2022
According to the National Local Content Strategy 2018-2022, government policy mandates a minimum of 35% utilisation of local inputs and/or products in the production and provision of goods and services across the economy.
Coverage Horizontal
ZAMBIA
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Zambia is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
ZAMBIA
Since July 1994, last amended in November 2017
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Companies Act, 2017 (No. 10 of 2017)
Companies Act (Amendment) Act, Cap 388, 1994
Companies Act (Amendment) Act, Cap 388, 1994
According to the Companies Act 1994 and its amendment, the Companies Act 2017, there are no restrictions on foreign ownership in sectors relevant to digital trade.
Coverage Horizontal
ZAMBIA
Since July 1994, last amended in November 2017
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Nationality/residency requirement for directors or managers
Companies Act, 2017 (No. 10 of 2017)
Companies Act (Amendment) Act, Cap 388, 1994
Companies Act (Amendment) Act, Cap 388, 1994
According to Art. 303 of the Companies Act 2017 (No. 10 of 2017), a foreign company is required to appoint at least one local director. This requirement has been in effect since the Companies Act of 1994 (Art. 248).
Coverage Horizontal
YEMEN
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Yemen 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
YEMEN
Since September 2008
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Law No. 46 of 2008 on Consumer Protection
قانون رقم ( 46 ) لسنة 2008م بشأن حماية المستهلك
قانون رقم ( 46 ) لسنة 2008م بشأن حماية المستهلك
Law No. 46 of 2008 on Consumer Protection provides a comprehensive framework for consumer protection that also applies to online transactions. According to Art. 4 of the Law, its provisions apply to all transactions and contracts related to goods and services offered through both traditional and modern means of trade, including electronic commerce that involves the processing and transfer of electronic data and information via computers, email, telegram, fax, photocopying, the Internet, or any other newly developed means recognised internationally or locally.
Coverage Horizontal
YEMEN
N/A
Pillar Online sales and transactions |
Indicator Ratification of the 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
Yemen has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
