MOZAMBIQUE
Since June 1993
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Law No. 3/1993 of 24 June - Investment Law
Art. 6 of the Investment Law provides the need for foreign investors to demonstrate the economic and social benefits to places where they propose to invest through screenings in the Investment Law. It is reported that such screenings are not non-transparent, uncertain, or discriminatory.
Coverage Horizontal
MOZAMBIQUE
Since March 2016
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Decree No. 5/2016 - Regulation for the Contracting of Public Works, Supply of Goods and Provision of Services to the State
Art. 28 of Decree No. 5/2016 provides that the application of the following preference margins to national competitors is mandatory:
- 10% of the contract value, excluding taxes, for public works and services contracts;
- 15% of the value of the contract, before taxes, for goods.
- 10% of the contract value, excluding taxes, for public works and services contracts;
- 15% of the value of the contract, before taxes, for goods.
Coverage Horizontal
MOZAMBIQUE
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)
Mozambique is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal
MOZAMBIQUE
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)
Mozambique is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
MOZAMBIQUE
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)
5.34%
Coverage rate of zero-tariffs on ICT goods (%)
13.78%
Coverage: Digital goods
MAURITIUS
Since 2000
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Mauritius 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
MAURITIUS
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
Mauritius 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
MAURITIUS
Since June 1991
Since December 2001, last amended in 2021
Since August 2001
Since December 2001, last amended in 2021
Since August 2001
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Protection Act 1991
Information and Communication Technologies Act 2001
Electronic Transactions Act 2000
Information and Communication Technologies Act 2001
Electronic Transactions Act 2000
The Consumer Protection Act 1991, provides a comprehensive consumer protection framework that applies to online transactions. In addition, Section 18 of the Information and Communication Technologies Act provides that the Authority can entertain complaints from consumers in relation to any information and communication service in Mauritius and, where necessary, refer them to the appropriate authorities. Moreover, the Electronic Transactions Act includes a number of provisions aimed at protecting consumers who enter into electronic contracts (Part IV).
Coverage Horizontal
MAURITIUS
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
Mauritius has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
MAURITIUS
Reported in 2021
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 25, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC), and this only applies to personal shipments.
Coverage Horizontal
MAURITIUS
Since 2001, last amended in 2021
Since September 2019, entry into force in October 2019
Since September 2019
Since September 2019, entry into force in October 2019
Since September 2019
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Self-certification for product safety
Information and Communication Technologies Act 2001
Information and Communication Technologies (Clearance to Import ICT Equipment) Regulations 2019
Clearance to import ICT Equipment Guidelines
Information and Communication Technologies (Clearance to Import ICT Equipment) Regulations 2019
Clearance to import ICT Equipment Guidelines
Pursuant to Section 17(3) of Information and Communication Technologies Act 2001 and the Information and Communication Technologies (Clearance to Import ICT Equipment) Regulations 2019, the ICT Authority issued the Clearance to Import ICT Equipment Guidelines, which govern the import of ICT Equipment in Mauritius. ICT equipment belonging to "List B" is subject to a type approval certificate. These include IoT network equipment, satellite equipment, and other telecom equipment.
When applying for type approval, the dealer must specify the type of equipment, make and model of equipment, and operating frequency, and must upload the technical brochure of the equipment and relevant documents certifying that the equipment complies with such standards determined by the Authority, including manufacturer’s Declaration of Conformity, EU-type examination certificate and its annexes as delivered by the Notified Body (an entity designated by the competent authorities of the Member States of the European Union to perform assessment tasks described in the Radio Equipment Directive) involved, and test reports issued by accredited laboratories. The type approval application may then be submitted to the ICT Authority for appropriate onward determination.
When applying for type approval, the dealer must specify the type of equipment, make and model of equipment, and operating frequency, and must upload the technical brochure of the equipment and relevant documents certifying that the equipment complies with such standards determined by the Authority, including manufacturer’s Declaration of Conformity, EU-type examination certificate and its annexes as delivered by the Notified Body (an entity designated by the competent authorities of the Member States of the European Union to perform assessment tasks described in the Radio Equipment Directive) involved, and test reports issued by accredited laboratories. The type approval application may then be submitted to the ICT Authority for appropriate onward determination.
Coverage ICT equipment
Sources
- https://www.icta.mu/documents/2022/09/ict_act.pdf
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/G/IT/W17R28.pdf&Open=True
- https://www.icta.mu/documents/2021/08/Clearance_Regulations2019.pdf
- https://www.icta.mu/documents/2021/11/Guidelines_clearance.pdf
- https://www.icta.mu/categories/
- Show more...
MAURITIUS
Since 2001, last amended in 2021
Since September 2019, entry into force in October 2019
Since September 2019
Since September 2019, entry into force in October 2019
Since September 2019
Pillar Quantitative trade restrictions for ICT goods, products and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Information and Communication Technologies Act 2001
Information and Communication Technologies (Clearance to Import ICT Equipment) Regulations 2019
Clearance to import ICT Equipment Guidelines
Information and Communication Technologies (Clearance to Import ICT Equipment) Regulations 2019
Clearance to import ICT Equipment Guidelines
Pursuant to Section 17.3 of the Information and Communication Technologies Act 2001 and the Information and Communication Technologies (Clearance to Import ICT Equipment) Regulations 2019, the ICT Authority issued the Clearance to Import ICT Equipment Guidelines, which govern the import of ICT Equipment in Mauritius. Section 4.2.1 of the Guidelines states that companies or individuals importing certain ICT equipment for commercial purposes are required to ensure that they hold a valid Dealer’s license issued by the ICT Authority. ICT equipment belonging to "List B", "List C" and "List G" require a license. These include IoT network equipment, satellite equipment, mobile phones, wireless telecom equipment, PCs, tablets, and terminal equipment.
Coverage ICT equipment
MAURITIUS
Since 2001, last amended in 2021
Since October 2021
Since October 2021
Pillar Quantitative trade restrictions for ICT goods, products and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Information and Communication Technologies Act 2001
Guidelines for the Importation and Commercialisation of Refurbished Consumer Grade ICT Equipment
Guidelines for the Importation and Commercialisation of Refurbished Consumer Grade ICT Equipment
The Guidelines for the Importation and Commercialisation of Refurbished Consumer Grade ICT Equipment are established pursuant to Section 17(3) of Information and Communication Technologies Act 2001. These Guidelines establish a license requirement to import and sell refurbished ICT equipment. The scope of the Guidelines covers only Consumer Grade ICT equipment, that is ICT Equipment designed, manufactured, marketed and sold for use by consumers for their personal use.
Coverage Refurbished ICT equipment
MAURITIUS
Since 2001, last amended in 2021
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Information and Communication Technologies Act 2001
According to Art. 24.1 of the Information and Communication Technologies Act, a license for "any service involving the use of information and communication technologies" is mandated in the country. In addition, according to Art. 24.5 the Information and Communications Technologies Authority (ICTA) must take into account “the public interest and the likelihood of unfair practice" for the issuance of the license. It is reported that the lack of precise definitions of the terms “public interest” and “unfair practice” might permit denials on virtually any basis that the ICTA desires. Licences can also be denied based on “any element” of national security, pursuant to Section 24.5b.
Coverage ICT services
MAURITIUS
Since August 2001
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for any activity other than copyright infringement
Act 23/2000, Electronic Transactions Act
In accordance with Art. 9 of the Electronic Transactions Act 2000, a network service provider shall not be subject to any civil or criminal liability in respect of third party material in the form of an electronic record to which it merely provides access, where such liability is limited to the creation, publication, dissemination or distribution of such material or any statement made in such material; or the infringement of any rights subsisting in relation to such material. Under the Act, "providing access", in relation to third party material, means providing the necessary technical means by which the third party material can be accessed.
Coverage Internet intermediaries