LIBERIA
Since September 2005, last amended in September 2010
Since June 2014
Since June 2014
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Public Procurement and Concessions Act, 2005
Regulations Accompanying the Public Procurement and Concessions Commission Act of 2005 as Amended and Restated in 2010
Regulations Accompanying the Public Procurement and Concessions Commission Act of 2005 as Amended and Restated in 2010
Section 45 of the Amendment and Restatement of the Public Procurement and Concessions Act gives a public procuring entity the authority to grant margin of preference to domestic businesses, solely-Liberian owned businesses and Liberian businesses, based on thresholds promulgated through regulations by the Public Procurement and Concession Commission. The general objective is to give advantage to these businesses in the procurement of works, services, goods etc., against foreign competitors. According to Regulations 21 and 67 of the Regulations Accompanying the Public Procurement and Concessions Commission Act of 2005 as Amended and Restated in 2010, the margin of preference ranges from 2% to 50% for procuring entity and 4% to 25% for concessionaires.
Coverage Horizontal
LIBERIA
Since September 2005, last amended in September 2010
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Public Procurement and Concessions Act, 2005
According to Art. 49 of The Public Procurement and Concessions Act, 2005, the Procuring Entity shall employ international competitive bidding procedures when the estimated contract amount exceeds the following value threshold:
- In the case of contracts for the procurement of goods, USD 100,000;
- In the case of contracts for the procurement of services, USD 50,000;
- In the case of contracts for the procurement of works, USD 200,000.
In addition, international competitive bidding may be used whenever open competitive bidding is used and effective competition cannot be obtained unless foreign firms are invited to bid.
- In the case of contracts for the procurement of goods, USD 100,000;
- In the case of contracts for the procurement of services, USD 50,000;
- In the case of contracts for the procurement of works, USD 200,000.
In addition, international competitive bidding may be used whenever open competitive bidding is used and effective competition cannot be obtained unless foreign firms are invited to bid.
Coverage Horizontal
LIBERIA
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)
Liberia is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
LIBERIA
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)
7.75%
Coverage rate of zero-tariffs on ICT goods (%)
0.82%
Coverage: Digital goods
MALAWI
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
Malawi 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
MALAWI
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
Malawi has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
MALAWI
Since 2016
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Malawi 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
MALAWI
Since November 2016, entry into force in June 2017
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Electronic Transactions and Cybersecurity Act of 2016
The Electronic Transactions and Cybersecurity Act of 2016, provides a comprehensive consumer protection framework that applies to online transactions. Consumer protection for online purchases is provided in Part V of the Act of 2016. Among others, the Act binds the supplier to deliver the goods or to provide the services immediately upon conclusion of the contract; mandates the supplier to make available security procedures and privacy policy in respect of payment, payment information, and personal information of the consumer; and gives rights to the consumer to withdrawal from a contract concluded by electronic means without giving reasons and without penalties.
Coverage Horizontal
MALAWI
Since September 2016
Pillar Online sales and transactions |
Sub-pillar Local presence requirement for digital services providers
Payment Systems Act of 2016
The law in Malawi provides for local presence requirement for payment systems operators. Section 14 of the Payment Systems Act requires all systems operators (i.e. non-bank financial institutions, mobile payment system operators, remittance service providers, card issuers, or other persons as licensed or authorized the Reserve Bank) to have a registered office in the country.
Coverage Financial sector
MALAWI
Since May 2019
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
Payment Systems (E-Money) Regulations, 2019
According to Section 18 of Payment Systems (E-money) Regulations, the Reserve Bank shall prescribe limits on transaction values and balance limits on e-money accounts for individual subscribers and agents. E-money accounts for corporate bodies shall be exempted from transaction and balance limits. In addition, for purposes of the Regulation, 'transaction limits' are established as the limits for the total value of transactions originating from a mobile money account and involving a transfer of e-value out of that account. According to the second annex of the regulations, the maximum transaction limits are:
- K750,000.00 (approx. USD 737) per day for personal subscriber accounts;
- K20,000,000.00 (approx. USD 19,700) per day for agents; or
- K100,000,000.00 (approx. USD 98,300) per day for merchants.
In addition, the account balance limits are:
- K1,000,000.00 (approx. USD 980) on personal subscriber accounts;
- K25,000,000.00 (approx. USD 24,600) on agent accounts; or
- K100,000,000.00 (approx. USD 98,300) for merchants.
- K750,000.00 (approx. USD 737) per day for personal subscriber accounts;
- K20,000,000.00 (approx. USD 19,700) per day for agents; or
- K100,000,000.00 (approx. USD 98,300) per day for merchants.
In addition, the account balance limits are:
- K1,000,000.00 (approx. USD 980) on personal subscriber accounts;
- K25,000,000.00 (approx. USD 24,600) on agent accounts; or
- K100,000,000.00 (approx. USD 98,300) for merchants.
Coverage Mobile payment services
MALAWI
N/A
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Malawi does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal
MALAWI
Since November 2016, entry into force in June 2017
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Restrictions on encryption standards
Electronic Transactions and Cybersecurity Act of 2016
The Law in Malawi according to Section 52 and 53 of the Electronic Transactions and CyberSecurity Act of 2016 requires cryptography services or products to be registered by the Communications Authority. Additionally, the use, importation and exportation of encryption programmes and encryption products is subject to authorisation by the government.
Section 67 of the Act mandates encryption services providers to declare to the Authority the technical characteristics of the encryption means as well as the source code of the software used. Violation of these regulations is a criminal offence punishable by up by imprisonment and a fine.
Section 67 of the Act mandates encryption services providers to declare to the Authority the technical characteristics of the encryption means as well as the source code of the software used. Violation of these regulations is a criminal offence punishable by up by imprisonment and a fine.
Coverage Encryption services
MALAWI
Since December 2016
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Self-certification for product safety
Communications Act of 2016
Section 96 of the Communications Act requires a licensee to use approved types of equipment for connection to an electronic network. The Communications Authority may, at the request of any licensee, manufacturer or supplier of equipment, conduct type approval tests and issue type approval certificates in respect of electronic communications equipment intended for use in Malawi. The Communication (Type Approval) Regulations which provides for a list of approved, prohibited and exempted electronic equipment, is however in draft form, presently at consultation stage.
Coverage Telecom equipment
MALAWI
Since November 2016, entry into force in June 2017
Pillar Quantitative trade restrictions for ICT goods, products and online services |
Sub-pillar Export restrictions on ICT goods, products and online services
Electronic Transactions and Cybersecurity Act of 2016
According to Section 52-53 of the Electronic Transactions and CyberSecurity Act of 2016, cryptography services or products are required to be registered by the Communications Authority. Additionally, the use, importation, and exportation of encryption programs and encryption products are subject to authorisation by the government.
Coverage Encryption services
MALAWI
Since November 2016, entry into force in June 2017
Pillar Quantitative trade restrictions for ICT goods, products and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Electronic Transactions and Cybersecurity Act of 2016
According to Section 52-53 of the Electronic Transactions and CyberSecurity Act of 2016, cryptography services or products are required to be registered by the Communications Authority. Additionally, the use, importation, and exportation of encryption programs and encryption products are subject to authorisation by the government.
Coverage Encryption services