BAHRAIN
Since August 2024, until August 2029
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Antidumping, countervailing duties, and safeguard measures on ICT goods
Antidumping measure
In August 2024, following publication in the GCC Technical Secretariat’s Official Gazette (Vol. 47, 20 August 2024), the GCC Member States, included Bahrain, imposed definitive anti-dumping duties for five years on imports of electrical connectors, switches, sockets and plugs for a voltage not exceeding 1,000 volts (HS 853669, 853650, 85444291, 85444221) originating in or exported from the People’s Republic of China; the duty rates range from 11.3% to 42% by exporter.
Coverage Product: Electrical connectors, switches, sockets and plugs (HS codes: 8536.69, 8536.50, 8544.42.21, and 8544.42.91)
Country: China
Country: China
Sources
- https://gcc-sg.org/ar/MediaCenter/News/Pages/news2024-8-18-1.aspx
- https://www.gcc-sg.org/ar/MediaCenter/DigitalLibrary/Documents/39036697-024c-42cb-958e-eb691a894d3a.pdf#search=1000%20%D9%81%D9%88%D9%84%D8%AA
- https://www.gcc-sg.org/ar/MediaCenter/News/Pages/news2023-5-30-9.aspx
- https://www.pwc.com/m1/en/services/tax/me-tax-legal-news/2024/gcc-countries-announce-the-imposition-of-anti-dumping-measures-on-imports-of-electrical-components-from-china.html
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BAHRAIN
Since October 2002, last amended in March 2010
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Legislative Decree No. 36 of 2002 With Respect to Regulating Government Tenders and Purchases
مرسوم بقانون رقم (36) لسنة 2002 بشأن تنظيم المناقصات والمشتريات الحكومية.
مرسوم بقانون رقم (36) لسنة 2002 بشأن تنظيم المناقصات والمشتريات الحكومية.
The Legislative Decree No. 36 of 2002 establishes a public procurement regime in Bahrain. The Decree distinguishes between local tenders and international tenders. Local tenders are limited to suppliers or contractors authorised to conduct business activities in the Kingdom of Bahrain according to the applicable laws and regulations. International tenders are open to both local suppliers and contractors, and international suppliers and contractors who are unregistered in the Kingdom may participate. According to Art. 19 of the Decree, the criteria for the distinction between local and international tenders shall be based on the nature of goods, constructions or services required to be purchased, the volume thereof, the extent of their complexity and the standards required. The Board shall be empowered to determine the reasons for the selection of an international tender based on such criteria.
Coverage Horizontal
BAHRAIN
Since June 2017
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Cabinet’s Resolution No. 2416-06 of 2017
قر رقم 2416-06 لسنة 2017
قر رقم 2416-06 لسنة 2017
The Cabinet’s Resolutions No. 2416-06 of 2017 allocates a 20% share of the value of government procurements and tenders to SMEs and grants them a 10% preference in the biddings of service facilities for all public tenders, except for those of a special nature. The classification criteria through the size of the enterprises, which are available in the SMEs Registration System, exclude a branch of a foreign company from the SMEs classification. The SMEs Registration System is a window launched under the Resolution to enable SMEs to apply for classification certificates according to their size.
Coverage Horizontal
Sources
- https://web.archive.org/web/20211025185928/https://www.moic.gov.bh/en/eServices/Documents/Requirements%20and%20Criteria%20for%20Classification%20of%20Enterprises%20by%20Size%20-%20English%20-%20issue%...
- https://web.archive.org/web/20231022234952/https://www.moic.gov.bh/en/eServices/Documents/SMEs%20Online%20Registration%20System%20-%20About%20the%20System.pdf
BAHRAIN
Reported in 2021
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Reported preferential treatment for local goods in tenders
It is reported that price preferences are given in public procurement to goods produced in Bahrain and in other Gulf Cooperation Council (GCC) member States, provided that the prices of these goods are within specified margins of the value of their imported equivalents. These are 10% for goods produced in Bahrain and 5% for goods produced in the GCC.
Coverage Horizontal
BAHRAIN
Since November 2022
Since August 2023
Since August 2023
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Cabinet Edict No. 11–2679
Circular No. 1 of 2023 regarding the application of preference for industrial establishments holding the In-Country Value (ICV) certificate (Takamul)
تعميم رقم (1) لسنة 2023 بشأن تطبيق أفضلية للمنشأت الصناعية الحاصلة على شهادة القيمة المحلية المضافة (تكامل)
Circular No. 1 of 2023 regarding the application of preference for industrial establishments holding the In-Country Value (ICV) certificate (Takamul)
تعميم رقم (1) لسنة 2023 بشأن تطبيق أفضلية للمنشأت الصناعية الحاصلة على شهادة القيمة المحلية المضافة (تكامل)
Pursuant to Cabinet Edict No. 11-2679, industrial enterprises holding an "In-Country Value certificate" in the industrial sector shall be accorded a preferential margin of 10% in tenders concerning the supply of goods specified within the certificate. Where an alternative preferential rate is applicable, the establishment shall benefit from the most advantageous percentage available. Further details and implementation guidelines are set out in Circular No. 1 of 2023.
Coverage Horizontal
BAHRAIN
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)
Bahrain is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 2008.
Coverage Horizontal
BAHRAIN
Since June 2001, last amended in May 2018
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Decree-Law No. 21 of 2001 Promulgating the Commercial Companies Law
مرسوم بقانون رقم (21) 2001 بإصدار قانون الشركات
مرسوم بقانون رقم (21) 2001 بإصدار قانون الشركات
The Legislative Decree No. 21 of 2001 (the Commercial Companies Law), last amended in 2018, provides for the incorporation of companies with up to 100% foreign capital, except for certain business activities that are reserved for Bahraini nationals and companies. The Ministry of Industry and Commerce (MOIC) maintains a small list of business activities restricted to Bahraini ownership, which do not include any sector relevant for digital trade.
Coverage Horizontal
Sources
- https://web.archive.org/web/20211228194658/https://www.moic.gov.bh/en/RegulationsAndAgreements/Regulations/Regulation%20New/Bahrain%20Commercial%20Companies%20Law%202001%20Decree%2021.pdf
- https://www.state.gov/reports/2021-investment-climate-statements/bahrain/
- https://uk.practicallaw.thomsonreuters.com/9-500-6281?transitionType=Default&contextData=(sc.Default)&firstPage=true#co_anchor_a630880
- https://iclg.com/practice-areas/foreign-direct-investment-regimes-laws-and-regulations/bahrain
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BAHRAIN
Since June 2001, last amended in May 2018
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Decree-Law No. 21 of 2001 Promulgating the Commercial Companies Law
مرسوم بقانون رقم (21) 2001 بإصدار قانون الشركات
مرسوم بقانون رقم (21) 2001 بإصدار قانون الشركات
Under the Legislative Decree No. 21 of 2001, all investments and transactions in Bahrain are subject to a screening process conducted by the Ministry of Industry and Commerce (MOIC). Investments and transactions must comply with national security and public order requirements. Over the past year, the MOIC has required companies to disclose the ultimate beneficial owner of their shareholders, who own at least 10% of the share capital.
Coverage Horizontal
BAHRAIN
Since January 2004, last amended in May 2006
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Patents and Utility Models Law No. 1
قانون رقم (1) لسنة 2004 بالإضافة إلى براءات ونماذج المنفعة
قانون رقم (1) لسنة 2004 بالإضافة إلى براءات ونماذج المنفعة
Patent applicants must appoint a local agent if the applicant is not a resident of Bahrain. Any attorney or lawyer registered to practice before the Patent Office can act as an agent. Art. 5 of Law No. 1 of 2004 in respect of the Patent and Utility Module provides that: "any natural or legal person shall be entitled to file a patent application and acquire the subsequent rights ensuing therefrom subject to the provisions of this law. Eligible applicants may be nationals of the Kingdom, nationals of countries that are members of the World Trade Organization (WTO), or nationals of any other country who enjoy national treatment."
Coverage Horizontal
Sources
- https://web.archive.org/web/20220704050452/https://wipolex-res.wipo.int/edocs/lexdocs/laws/en/bh/bh028en.pdf
- https://www.wipo.int/export/sites/www/pct/guide/en/gdvol2/annexes/bh.pdf
- https://sabaip.com/bahrain-annuity-payments-now-possible/
- https://web.archive.org/web/20230530164432/https://bahrainbusinesslaws.com/arabic-laws/Patents-and-forms-of-benefits-Law
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BAHRAIN
Since March 2007
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Bahrain is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
BANGLADESH
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Bangladesh 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
BANGLADESH
Reported in 2022
Pillar Online sales and transactions |
Indicator Restrictions on online payments
Reported transfer limits in mobile financial services
Reports indicate a transfer limit between mobile financial service accounts and bank accounts of Tk 50,000 (approx. USD 400) daily, and Tk 300,000 (approx. USD 2,500) monthly. The limit applies in both directions.
Coverage Horizontal
BANGLADESH
Since 2019
Pillar Online sales and transactions |
Indicator Restrictions on online payments
Approval Procedure of Payment System Operator (PSO)/Payment Service Provider (PSP)
According to Section 3.2 of the "Approval Procedure of Payment System Operator (PSO)/Payment Service Provider (PSP)", a PSP is required to obtain a licence and approval from the central bank. In addition, as stipulated in Section 4.2, a PSP must be a company incorporated under the Companies Act of 1994, with a minimum paid-up capital of BDT 200,000,000 (approx. USD 1,600,000). However, the central bank reserves the right to revise the minimum paid-up capital requirement based on the nature of services and business exposure. Additionally, an appropriate technological infrastructure must be established and maintained within Bangladesh. It is reported that, as a result of that local banks and government regulations, foreign online transation platforms such as PayPal cannot operate in the country, with a negative effect on the expansion of e-commerce.
Coverage Payment service providers
Sources
- https://web.archive.org/web/20250328235806/https://bb.org.bd/aboutus/regulationguideline/psd/pso_psp_03022019.pdf
- https://web.archive.org/web/20250328235821/https://elahilegal.com/licenses-for-payment-service-providers-psps-and-payment-system-operators-psos/
- https://web.archive.org/web/20250327000050/https://www.trade.gov/country-commercial-guides/bangladesh-ecommerce
- https://www.onesafe.io/blog/does-paypal-work-in-bangladesh
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BANGLADESH
Since March 1947
Pillar Online sales and transactions |
Indicator Restrictions on online payments
The Foreign Exchange Regulation Act, 1947 - Act No. VII of 1947 (বৈদেশিক মুদ্রা নিয়ন্ত্রণ আইন, ১৯৪৭ - ১৯৪৭ সালের ০৭ নং আইন)
Bangladesh maintains a highly stringent foreign exchange control regime. The country's foreign exchange laws are broadly applicable to any transaction involving foreign currency or the remittance of funds into or out of Bangladesh. No individual or entity is permitted to engage in foreign exchange dealings without obtaining prior authorisation from the central bank. Pursuant to Section 5 of the Foreign Exchange Regulation Act, individuals are prohibited from making payments to, or for the credit of, any person outside Bangladesh, as well as from receiving payments from any person outside the country, without explicit permission from the central bank. Reports indicate that these regulations affect the operations of fintech companies, making their customers unable to purchase or sell products on e-commerce platforms using their preferred payment methods. Consequently, they must rely on intermediaries, such as friends, relatives, or agents, who possess access to foreign currency accounts or payment cards.
Coverage Horizontal
Sources
- http://bdlaws.minlaw.gov.bd/act-218/section-3338.html
- https://practiceguides.chambers.com/practice-guides/comparison/1026/15058/23622-23623-23624-23625-23626-23627-23628-23629-23630-23631-23632
- https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID4616435_code6251136.pdf?abstractid=4616435&mirid=1
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BANGLADESH
Reported in 2022
Pillar Online sales and transactions |
Indicator Restrictions on online payments
Complaints about payments' routing through the National Payment Switch Bangladesh (NPSB)
The National Payment Switch Bangladesh (NPSB) is an electronic platform established in December 2012 to facilitate interoperability among scheduled banks for card-based and online retail transactions. Foreign enterprises operating within the financial services and payment network sectors, such as VISA and MasterCard, have expressed concerns regarding their operations in the Bangladeshi market following the central bank’s implementation of a mandatory policy requiring all card transactions to be routed through the NPSB. They argue that this policy limits competition and raises security concerns, as the NPSB constitutes a single point of failure in the event of a system crash.
Coverage Financial sector
