Database

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BHUTAN

Since July 2022

Pillar Content access  |  Indicator Licensing schemes for digital services and applications
Rules and Regulations for Publication (འབྲུག་བརྡ་དོན་བརྒྱུད་འབྲེལ་དང་བརྡ་བརྒྱུད་དབང་འཛིན།)
According to Section 2.1 of the Rules and Regulations for Publication, no person may publish books, newspapers, and periodicals, whether in physical form or as electronic publications, without holding a valid licence issued by the Bhutan InfoComm and Media Authority (BICMA). Section 2.4 sets out the eligibility criteria for applicants. A licence may be granted only to a person who:
(i) is a citizen of Bhutan;
(ii) is of sound mind;
(iii) is not a political party;
(iv) has not been declared insolvent or convicted of a criminal offence under Bhutanese law, unless their reputation has been restored through due process; and
(v) holds less than 5% of shares in any other media licence issued by the Authority.
Coverage E-publishing

BHUTAN

Since January 2002

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Rules and Procedures for Imports from Third Countries
According to Section 1 of the Rules and Procedures for Imports from Third Countries, imports from third countries require import licenses issued by the Department of Revenue and Customs.
Coverage Horizontal

BHUTAN

Since June 2017
Since September 2024

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
The Customs Act of Bhutan 2017 (འབྲུག་གི་ཅ་དམ་བཅའ་ཁྲིམས་ ༢༠༡༧ ཅན་མ།)

Bhutan Customs Manual 2024
According to Art. 27 of the Customs Act of Bhutan, the government may impose restrictions or prohibitions on the import of goods. Section 6.1.3 of the Bhutan Customs Manual 2024 further clarifies that the import of restricted goods requires a permit or licence issued by the competent authority. Section 6.2 provides a list of such restricted goods, including wireless and remote-sensing telecommunication and broadcasting equipment.
Coverage Telecom and broadcasting equipment

BHUTAN

Since July 2022

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Local content requirements (LCRs) on ICT goods for the commercial market
Guidelines for Licensing of OTT Services
Pursuant to Section 8 of the Guidelines for Licensing of Over-the-Top (OTT) Services, providers must ensure that at least 60% of their content is reserved for locally produced material in order to preserve and promote culturally and socially relevant content. The Guidelines define OTT as any application or service capable of delivering digital content to the public over an internet access network.
Coverage OTT services

BHUTAN

Since June 2017
Since September 2024

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Export restrictions on ICT goods or online services
The Customs Act of Bhutan 2017 (འབྲུག་གི་ཅ་དམ་བཅའ་ཁྲིམས་ ༢༠༡༧ ཅན་མ།)

Bhutan Customs Manual 2024
According to Art. 27 of the Customs Act of Bhutan, the government may impose restrictions or prohibitions on the export of goods. Section 6.1.3 of the Bhutan Customs Manual 2024 further clarifies that the export of restricted goods requires a permit or licence issued by the competent authority. Section 6.2 provides a list of such restricted goods, including wireless and remote-sensing telecommunication and broadcasting equipment.
Coverage Telecom and broadcasting equipment

BHUTAN

Since July 2019

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Rules and Regulations on the ICT Type Approval
Under Section 3.1 of the "Rules and Regulations on the ICT Type Approval", all ICT equipment intended for use in Bhutan must either obtain type approval from the Bhutan InfoComm and Media Authority (BICMA) or fall within the exemptions listed in Annexure C. To secure type approval, applicants must submit a valid business licence, a manufacturer-issued declaration of conformity for the radio and telecommunications terminal equipment (RTTE), and a test report from an internationally accredited laboratory recognised by the Authority. The report must demonstrate compliance with radio frequency usage, health and safety, and electromagnetic compatibility. International applicants are additionally required to provide proof of payment. Exempted equipment includes mobile and telephone handsets, data modems, RTTE embedded in personal computers, short-range wireless devices, amateur radios, broadcast receivers, vehicle components, infrared remote controls, and military equipment. Section 2.3 authorises the acceptance of test reports and data from laboratories accredited by bodies that are signatories to the International Laboratory Accreditation Cooperation (ILAC) Mutual Recognition Agreement. The Authority may also recognise compliance certificates and declarations issued under bilateral or multilateral MRAs concluded by the Authority or the government with other states or organisations. Annexure D lists recognised international standardisation bodies.
Coverage ICT equipment

BHUTAN

Since January 2018

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Information, Communications and Media Act of Bhutan 2018 (འབྲུག་གི་བརྡ་དོན་བརྒྱུད་འབྲེལ་དང་བརྡ་བརྒྱུད་བཅའ་ཁྲིམས་ ༢༠༡༨ ཅན་མ།)
Pursuant to Section 363 of the Information, Communications and Media Act, an internet service provider (ISP) shall not incur liability for merely storing content generated by third parties and made publicly accessible, provided that: (i) the ISP has no actual knowledge of any illegality associated with such content; (ii) it is not aware of facts or circumstances from which such illegality may reasonably be inferred; (iii) upon acquiring such knowledge or awareness, it acts expeditiously to remove or disable access to the content; or (iv) it lacks the technical capacity or cannot reasonably be expected, in the circumstances, to prevent public access. Section 364 further states that an ISP shall not be held liable for third-party content that is merely transmitted or routed through its systems to facilitate public access, provided it does not initiate the transmission, select the recipient, or alter the information transmitted. In addition, Section 368 permits any party who believes that material is being used without the authorisation of the copyright owner or their agent to notify the ISP of the alleged infringement.
Section 464.63 defines an ISP as any natural or legal person, or association thereof, that provides individuals and businesses with internet access and may also offer other internet-based services.
Coverage Internet service providers

BHUTAN

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Bhutan lacks a comprehensive regime for the protection of trade secrets.
Coverage Horizontal

BHUTAN

Since January 2018
Since July 2019

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Information, Communications and Media Act of Bhutan 2018 (འབྲུག་གི་བརྡ་དོན་བརྒྱུད་འབྲེལ་དང་བརྡ་བརྒྱུད་བཅའ་ཁྲིམས་ ༢༠༡༨ ཅན་མ།)

Rules and Regulations on ICT Infrastructure Sharing 2019
According to Section 51 of the Bhutan Information, Communications and Media Act 2018, the Bhutan InfoComm and Media Authority (BICMA) is mandated to regulate the interconnection and sharing of infrastructure and facilities between or among telecom facility providers. The Rules and Regulations on ICT Infrastructure Sharing 2019 further detail these obligations, requiring service providers to share passive infrastructure with other licensed providers on a “first-come, first-served” basis, and to publish on their websites detailed information regarding infrastructure available for sharing. Infrastructure sharing must be formalised through a written agreement grounded in the principles of neutrality, transparency, non-discrimination, and fair competition. A copy of the agreement must be submitted to BICMA within one month of its signing.
Coverage Telecommunications sector

BHUTAN

Since July 2025

Pillar Telecom infrastructure & competition  |  Indicator Maximum foreign equity share for investment in the telecommunication sector
Foreign Direct Investment Regulations 2025
Section 5 of the Foreign Direct Investment Regulations 2025 distinguishes between: (1) “Priority Sector Activities” in the manufacturing and service sectors listed in Schedules I and II; and (2) “Other Activities” not listed in those Schedules. As the telecom sector is not explicitly included in the schedules, it falls under the “Other Activities” category, for which the maximum foreign investor shareholding is capped at 74% equity (section 7).
Coverage Telecommunications sector

BHUTAN

Reported in 2024

Pillar Telecom infrastructure & competition  |  Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
Bhutan Telecom Limited (BTL), a fully state-owned enterprise, is one of the leading telecommunications and internet service providers in Bhutan. It was established in the year 2000 through the corporatisation of the former Department of Telecommunications. BTL offers a broad range of services, including fixed-line and mobile telephony, internet and data services, leased-line connectivity, and international gateway services.
Coverage Telecommunications sector

BHUTAN

Since January 2018
Since July 2019
Since November 2021

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Information, Communications and Media Act of Bhutan 2018 (འབྲུག་གི་བརྡ་དོན་བརྒྱུད་འབྲེལ་དང་བརྡ་བརྒྱུད་བཅའ་ཁྲིམས་ ༢༠༡༨ ཅན་མ།)

Rules and Regulations on Accounting Reports for the ICT Services

Rules and Regulations for Licensing and Operation of Internet Service Providers in Bhutan
Bhutan does not impose functional separation on operators with significant market power (SMP) in the telecommunications market. However, the Bhutan InfoComm and Media Authority (BICMA) requires all operators to maintain accounting separation.
According to Art. 51.8 of the Bhutan Information, Communications and Media Act 2018, the BICMA is empowered to ensure the proper maintenance of accounting systems by public ICT providers and media service providers.
In this regard, BICMA issued the Rules and Regulations on Accounting Reports for ICT Services, which apply to all licensed ICT service and facility providers operating within Bhutan. Section 1 of these Rules requires service providers to maintain accounting records and prepare accounting separation reports accordingly.
Furthermore, Section 3.4 of the Rules and Regulations for Licensing and Operation of Internet Service Providers in Bhutan obliges internet service providers to implement accounting separation between their facilities and services by maintaining separate costs and charges for the different services they offer.
Coverage Telecommunications sector

BHUTAN

Since July 2019
Since January 2018
Since November 2021

Pillar Telecom infrastructure & competition  |  Indicator Licensing restrictions to operate in the telecom market
Rules and Regulations on ICT Facilities and Services in Bhutan

Information, Communications and Media Act of Bhutan 2018 (འབྲུག་གི་བརྡ་དོན་བརྒྱུད་འབྲེལ་དང་བརྡ་བརྒྱུད་བཅའ་ཁྲིམས་ ༢༠༡༨ ཅན་མ།)

Rules and Regulations for Licensing and Operation of Internet Service Providers in Bhutan
According to Section 2.3 of the Rules and Regulations on ICT Facilities and Services in Bhutan, only Bhutanese citizens are eligible to apply for an ICT facility licence, ICT service licence, or a consolidated licence, provided that the applicant does not hold a majority share in any other ICT facility or service licence.
Art. 464 of the Bhutan Information, Communications and Media Act 2018 defines ICT facilities and ICT services, encompassing: (i) telecommunications services, such as public telephony, telegraphy, facsimile, cellular telephony, and pay-phone/communication services; (ii) information technology services, such as internet services; and (iii) transmission facilities, including fixed links and cables, computer facilities, pay-phone/communication facilities, and radio communication transmitters, receivers, and links.
Additionally, the Rules and Regulations for Licensing and Operation of Internet Service Providers in Bhutan establish specific requirements for applications for an Internet Service Provider (ISP) licence.
Coverage Telecommunications sector

BHUTAN

N/A

Pillar Telecom infrastructure & competition  |  Indicator Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Bhutan has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

BHUTAN

Since January 2018

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Information, Communications and Media Act of Bhutan 2018 (འབྲུག་གི་བརྡ་དོན་བརྒྱུད་འབྲེལ་དང་བརྡ་བརྒྱུད་བཅའ་ཁྲིམས་ ༢༠༡༨ ཅན་མ།)
Section 28 of the Bhutan Information, Communications and Media Act 2018 establishes the Bhutan InfoComm and Media Authority (BICMA) as an autonomous regulatory authority for the telecommunications sector. It is reported that BICMA operates independently from the government in its decision-making processes.
Coverage Telecommunications sector

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