SAO TOME AND PRINCIPE
N/A
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
São Tomé e Príncipe has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
SAO TOME AND PRINCIPE
Since December 2001
Since January 2017, entry into force in February 2017
Since January 2017, entry into force in February 2017
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Law No. 4/2001 on Industrial Property
Decree-Law No. 23/2016 - Intellectual Property Code (Decreto Lei No. 23/2016 - Código de Propriedade Intelectual)
Decree-Law No. 23/2016 - Intellectual Property Code (Decreto Lei No. 23/2016 - Código de Propriedade Intelectual)
Art. 28 of Law No. 4/2001 and Art. 3 of Decree-Law No. 23/2016 establish that legal and procedural actions related to industrial property can only be filed with the National Service of Intellectual Property and Quality of São Tomé e Príncipe (SENAPIQ-STP) and that natural or legal persons who are not established or domiciled in São Tomé e Príncipe must appoint an industrial property agent with residence in São Tomé e Príncipe to represent them. This is also applicable to the filing of patent applications.
Coverage Horizontal
SAO TOME AND PRINCIPE
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)
10.24%
Coverage rate of zero-tariffs on ICT goods (%)
0%
Coverage: ICT goods
Sources
- http://wits.worldbank.org
- 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
SAO TOME AND PRINCIPE
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 I) and in ITA Expansion Agreement (ITA II)
São Tomé e Príncipe is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA I) nor the 2015 expansion (ITA II). In fact, São Tomé e Príncipe is not a member of the WTO, although it is an observer.
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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SAO TOME AND PRINCIPE
Since August 2009
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Law No. 8/2009 - Approves the Bidding and Public Procurement Regulations (Lei No. 8/2009 - Aprova o Regulamento de Licitação e Contratações Públicas)
According to Art. 43 of Law No. 8/2009, domestic preference margins may be applied in international public tenders, allowing up to 7.5% for works and up to 10% for goods and services produced in São Tomé e Príncipe.
Coverage Horizontal
SAO TOME AND PRINCIPE
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)
São Tomé e Príncipe is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status. In fact, São Tomé e Príncipe is not a member of the WTO, although it is an observer.
Coverage Horizontal
SAO TOME AND PRINCIPE
Since April 1993
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Law No. 2/93 - Press Law (Lei No. 2/93 - Lei de Imprensa)
Art. 13 of Law No. 2/93 states that journalistic companies with a profit motive, based in the country and subject only to São Toméan law, may have foreign capital participation up to 25% and without voting rights. This includes online newspapers. In fact, Art. 10 defines journalistic companies as those whose main purpose is the collection, processing and dissemination of news, comments and images intended for publication in the periodical press.
Coverage Online newspapers
SAO TOME AND PRINCIPE
Since April 1993
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Nationality/residency requirement for directors or managers
Law No. 2/93 - Press Law (Lei No. 2/93 - Lei de Imprensa)
Art. 14.1 of Law No. 2/93 requires that directors and managers of journalistic companies must be nationals or natural persons in full possession of their civil rights and resident in the country. This includes online newspapers. In fact, Art. 10 defines journalistic companies as those whose main purpose is the collection, processing and dissemination of news, comments and images intended for publication in the periodical press.
Coverage Online newspapers
SAO TOME AND PRINCIPE
Since November 2016
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Decree-Law No. 19/2016 - Investment Code (Decreto-Lei No. 19/2016 - Código de Investimentos)
In accordance with Arts. 27, 28 and 29 of Decree-Law No. 19/2016, all inbound investment proposals must be screened and approved by the applicable ministry for the economic sector in coordination with the Trade and Investment Promotion Agency (APCI). Following Art. 14, an investment proposal can be rejected if it threatens national security, public health, or ecological equilibrium and if the proposal has a negative effect or insufficient contribution to the country’s economy. The government encourages but does not require the hiring of the local workforce.
Coverage Horizontal
SAINT LUCIA
Since April 1993, last amended in December 2005
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Customs (Management and Control) Act
Pursuant to Schedule 3 of the Customs (Management and Control) Act, the importation of radio and television transmitting equipment, including walkie-talkies, is prohibited unless authorised under a licence issued by the Minister of Communications.
Coverage Radio and television transmitting equipment
SAINT LUCIA
Reported in 2023
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Export restrictions on ICT goods or online services
Reported export licence
The Act No. 5 of 1968 - External Trade Act grants the Minister authority, under Art. 5, to regulate the export of goods through orders published in the Gazette. These orders may prohibit exports without a licence, impose restrictions, or set conditions for exportation. Such orders take effect upon publication and automatically cancel previously issued licences, requiring the Permanent Secretary to issue new licences in compliance with the updated provisions.
Art. 6 empowers the Permanent Secretary to issue licences for export-restricted goods, provided the export does not undermine any trade agreements or arrangements related to internal or external trade or currency approved by the Government. Licences are denied if the export poses risks to these agreements or arrangements.
As of 2023, these requirements only apply to radio and television transmitting equipment, whose exports are allowed only with a licence from the Minister of Communications.
Art. 6 empowers the Permanent Secretary to issue licences for export-restricted goods, provided the export does not undermine any trade agreements or arrangements related to internal or external trade or currency approved by the Government. Licences are denied if the export poses risks to these agreements or arrangements.
As of 2023, these requirements only apply to radio and television transmitting equipment, whose exports are allowed only with a licence from the Minister of Communications.
Coverage Radio and television transmitting equipment
Sources
- https://web.archive.org/web/20260216131947/https://attorneygeneralchambers.com/laws-of-saint-lucia/external-trade-act/section-6
- https://web.archive.org/web/20240221053355/https://importlicensing.wto.org/sites/default/files/members/126/External%20Trade%20Act%20Cap%2013.11_31.12.2006.pdf
- https://web.archive.org/web/20240413073354/https://www.wto.org/english/tratop_e/tpr_e/s437-05_e.pdf
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SAINT LUCIA
Since April 2001, last amended in March 2003
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Statutory Instrument 10/2002 - Telecommunications (Terminal Equipment and Public Network) Regulations
According to Art. 4 of the Statutory Instrument 10/2002, the equipment mentioned in Art. 4.2 must receive a type approval certificate from the regulatory authority. This includes cellular telephones, cordless telephones, fax machines, GSM machines, mobile radios, modems, wireless remote devices, PABXs, pagers, radio receivers and transmitters, satellite earth stations, telecommunications switching equipment, telephone instruments, telex equipment, other equipment emitting a radio signal and any other customer premise equipment to be attached to any part of a licensed telecommunications network.
According to the Caribbean Cooperation for Accreditation (CCA) standards, foreign businesses must pass an accreditation by accredited laboratories that have Mutual Recognition Agreements (MRAs) with counterpart bodies. Test results from accredited laboratories, which are parties to a given MRA, are automatically accepted. The CCA is based on principles of cooperation and collaboration among the recognised National Accreditation Bodies (NABs).
According to the Caribbean Cooperation for Accreditation (CCA) standards, foreign businesses must pass an accreditation by accredited laboratories that have Mutual Recognition Agreements (MRAs) with counterpart bodies. Test results from accredited laboratories, which are parties to a given MRA, are automatically accepted. The CCA is based on principles of cooperation and collaboration among the recognised National Accreditation Bodies (NABs).
Coverage Telecommunication equipment
SAINT LUCIA
N/A
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Saint Lucia does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal
SAINT LUCIA
Since February 2016, entry into force in January 2020
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Consumer Protection Act No. 09 of 2016
The Consumer Protection Act provides a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal
