LESOTHO
N/A
Pillar Cross-border data policies |
Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Lesotho has not joined any free trade agreement committing to open transfers of cross-border data flows.
Coverage Horizontal
LESOTHO
Since June 2000
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of independent telecom authority
Lesotho Telecommunications Authority Act 2000
According to the Lesotho Telecommunications Act, the Lesotho Communications Authority (LCA)., the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
Source
LESOTHO
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Lesotho has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
LESOTHO
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that Lesotho does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there is an obligation of accounting separation.
Coverage Telecommunications sector
LESOTHO
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 Lesotho 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
LESOTHO
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Lesotho has no rules applicable to the protection of trade secrets.
Coverage Horizontal
LESOTHO
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Lesotho has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
LESOTHO
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
Lesotho has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
LESOTHO
Since August 1989
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Copyright Order of 1989
Lesotho has a copyright regime under the Copyright Order of 1989. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Art 20 lists the exceptions, which include personal and teaching purposes; borrowing expressions of folklore for creating an original work of an author or authors inspired by folklore; among others.
Coverage Horizontal
LESOTHO
Since October 1995
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Lesotho is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
LESOTHO
Reported in 2015
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Practice of screening of FDI
Although Lesotho does not have a formal screening mechanism, it is reported the government routinely screens foreign direct investment to check if it is consistent with the country's national interests. However, it is not clear if it applies to all sectors.
Coverage Horizontal
LESOTHO
N/A
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Commercial presence requirement for digital services providers
Commercial presence requirement
It is reported that Lesotho procurement laws and policies require that entities have to first register as legal entities, apply for trading licenses, and register with the Lesotho Revenue Authority for tax purposes in order to apply for public procurement.
Coverage Horizontal
LESOTHO
Since August 2019
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Business Licensing and Registration Act
According to Art. 4 of the Business Licensing and Registration Act 2019 (BLRA 2019), foreign investors are required to provide a capital of M2,000,000 (approx. 105,000 USD) or provide proof of investment of this amount during registration or renewal of their traders’ licenses or to have deposited USD 123,152 with a local institution.
Coverage Horizontal
LESOTHO
Since September 2011
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Nationality/residency requirement for directors or managers
Companies Act of 2011 Section 11(3f), Companies Regulations of 2012 Section 17(b)
Section 11(3f) of the Companies Act of 2011 requires companies to provide names and addresses of one or more persons resident in Lesotho with authority to act on behalf of the company, while Section of 17(b) of the Companies Regulations of 2012 explicitly makes it mandatory for the company to have a company secretary resident in Lesotho.
Coverage Horizontal
LESOTHO
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)
Lesotho is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal