MAURITIUS
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
It is reported that is no obligation for passive infrastructure sharing in Mauritius to deliver telecom services to end users. However, it is practiced in the mobile sector and in the fixed sector based on commercial agreements.
Coverage Telecommunications sector
MAURITIUS
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Mauritius has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
MAURITIUS
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Mauritius has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
MAURITIUS
Since April 2014
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Act No. 2 of 2014, Copyright Act
Mauritius has a copyright regime under the Copyright Act of 2014. The exceptions refer to the concept of 'fair practice' under Sections 18-19, enabling the lawful use of copyrighted work by others. Arts. 16-28 lists the exceptions, which include private reproduction for personal purposes; reproduction and other utilisation for teaching and scientific non-commercial purposes; reproduction, broadcasting, and other communication to the public for informatory purposes; among others.
Coverage Horizontal
MAURITIUS
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Lack of participation in the Patent Cooperation Treaty (PCT)
Mauritius is not a party to the Patent Cooperation Treaty (PCT), however it signed the Patent Cooperation Treaty in December 2022, with entry into force in March 2023.
Coverage Horizontal
MAURITIUS
Since December 2001
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Nationality/residency requirement for directors or managers
Companies Act 2001
Section 132 of the Companies Act provides that a company must have at least one director who is ordinarily resident in Mauritius.
Coverage Horizontal
MAURITIUS
Since January 2001, last amended in 2021
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Independent Broadcasting Authority (IBA) Act
The Independent Broadcasting Authority (IBA) Act under Section 19 provides that the allowable equity participation of a foreign company investing in broadcasting should be below 49.9%. Similarly, control by foreign nationals in broadcasting is limited to 49.9%. Furthermore, a foreign investor cannot hold 20% or more of a company that owns or controls any newspaper or magazine, or any printing press publishing such as newspaper or magazine. It is not clear whether these provisions apply online.
Coverage Broadcasting and newspapers
MAURITIUS
Since November 2008, last amended in November 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Public Procurement Regulation 2008
Under Section 5(1), the Public Procurement Regulation states that the Policy Office may, in the case of procurement through open international bidding, issue instructions relating to the criteria and the applicable percentage preference for domestic or regional goods, services or contractors.
Under Section 35A, a public body may grant an advantage to domestic goods provided that the criteria to grant the advantage are spelt out in the bidding documents and are in accordance with such directive as the Policy Office may issue.
Under Section 35A, a public body may grant an advantage to domestic goods provided that the criteria to grant the advantage are spelt out in the bidding documents and are in accordance with such directive as the Policy Office may issue.
Coverage Horizontal
MAURITIUS
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)
Mauritius is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal
MAURITIUS
Since November 2008, last amended in November 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Public Procurement Regulation 2008
Under Section 5(3), the public procurement regulation states that works where no pre-qualification is required and with a value not exceeding 300 Million Rupees (approx. USD 3.7 Million) shall be restricted to local contractors.
Coverage Horizontal
MAURITIUS
Since July 1999 for ITA I
Since December 2015 for ITA II
Since December 2015 for ITA II
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)
WTO Information Technology Agreement (ITA) of 1996 and the WTO ITA II of 2015
Mauritius is a signatory member of the Information and Technology Agreement (ITA) of the World Trade Organization and ITA II.
Coverage Horizontal
MAURITIUS
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)
0.69%
Coverage rate of zero-tariffs on ICT goods (%)
93.68%
Coverage: Digital goods
MAURITANIA
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
Mauritania 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
MAURITANIA
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
Mauritania 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
MAURITANIA
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
Mauritania has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal