LESOTHO
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
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 January 2007, last amended in March 2018
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Public Procurement Regulations 2007
Pursuant to Regulation 12 of the Public Procurement Regulations, in evaluating proposals, the procurement unit grants a margin of preference for nationals as follows:
- 15% to a local business with a majority shareholding of at least 51%;
- 10% to (a) a business owned between 30% and 50% by Lesotho nationals, (b) a tenderer bidding to supply goods of Lesotho origin, (c) a tenderer performing at least 50% of the contract in Lesotho and using and developing the capacity of Basotho staff, (d) a tenderer subcontracting at least 50% of the contract to one or more Basotho businesses, (e) a tenderer that has the largest use of locally produced goods, materials, and services, or (f) a tenderer employing the largest share of local labor;
- 5% to a business owned between 10% and 30% by Lesotho nationals.
- 15% to a local business with a majority shareholding of at least 51%;
- 10% to (a) a business owned between 30% and 50% by Lesotho nationals, (b) a tenderer bidding to supply goods of Lesotho origin, (c) a tenderer performing at least 50% of the contract in Lesotho and using and developing the capacity of Basotho staff, (d) a tenderer subcontracting at least 50% of the contract to one or more Basotho businesses, (e) a tenderer that has the largest use of locally produced goods, materials, and services, or (f) a tenderer employing the largest share of local labor;
- 5% to a business owned between 10% and 30% by Lesotho nationals.
Coverage Horizontal
Sources
- http://www.finance.gov.ls/documents/laws%20and%20regulations/PUBLIC_PROCUREMENT_REGULATIONS_2007.pdf
- http://www.finance.gov.ls/documents/laws%20and%20regulations/Public%20Procurement%20Amendment%20Regulations,%202018.pdf
- https://www.trade.gov/country-commercial-guides/lesotho-selling-public-sector
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LESOTHO
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)
Lesotho is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
LESOTHO
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)
1.43%
Coverage rate of zero-tariffs on ICT goods (%)
73.03%
Coverage: Digital goods
KENYA
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
Kenya 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
KENYA
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
Kenya 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
KENYA
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
Kenya has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
KENYA
Since April 2010
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
The Kenya Information and Communications (Consumer Protection) Regulation
The Kenya Information and Communications (Consumer Protection) Regulation provides a comprehensive consumer protection framework that applies to online transactions.
Coverage Horizontal
KENYA
Reported in 2021
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 20, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
KENYA
Since December 2011
Since August 2014
Since August 2014
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
National Payment System Act
National Payment System Regulations
National Payment System Regulations
According to Section 3 of the National Payment System Act, the Central Bank is empowered to designate a payment system. In addition, Section 12 prohibits unauthorized companies from conducting the business of a payment service provider. Furthermore, pursuant to Art. 43 of the National Payment System Regulations, e-money issued shall be subject to an individual transaction limit that shall not exceed seventy thousand shillings (approx. USD 560) and an aggregate monthly load limit of one million shillings (approx. USD 7,990), provided that the Central Bank may approve higher limits for specific categories of e-money issuers. The limits may be amended by the Central Bank from time to time.
Coverage Horizontal
KENYA
N/A
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Self-certification for product safety
Import Standard Mark
The import standards mark (ISM) mark must be applied to all products which have impact on health and safety, including electrical appliances and accessories. It is the seller’s responsibility to ensure that shipments to Kenya happen only after issuance of the ISM. The Conformity Assessments of the ISM mark is conducted by third party laboratories.
Products containing the QMark do not have to go through inspection for compliance upon entry into another Partner State of the East African Community.
Products containing the QMark do not have to go through inspection for compliance upon entry into another Partner State of the East African Community.
Coverage Electrical appliances and accessories
KENYA
Reported in 2022
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Self-certification for product safety
Self-certification not allowed for foreign businesses
According to the Communications Authority of Kenya, an application for Type Approval must be made using the Application Form for Type Approval/ Type Acceptance of ICT Equipment. It is reported that the homologation procedure in Kenya is more complicated than in most African countries. Depending on regulations and type of equipment, the authority may require product samples for further examination or simply issue an exemption letter. The validity period of conformity documents can be unlimited (exemption letters) or limited to 6 months (certificates of conformity) after which the authority automatically issues an unlimited certificate.
Coverage ICT equipment
KENYA
N/A
Pillar Quantitative trade restrictions for ICT goods, products and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Pre-export verification of conformity (PVoC)
It is reported that there is a requirement to obtain a Certificate of Conformity from a Kenya Bureau of Standards appointed pre-export verification of conformity (PVoC) partner. To import any commodity into Kenya, an importer has to enlist the services of a clearing agent who will process the import documentation through Kenya Customs electronically on the Simba 2005 system and clear the goods on the company's behalf. It is the seller’s responsibility to ensure that shipments to Kenya happen only after issuance of a Certificate of Conformity. In addition, products containing the QMark do not have to go through inspection for compliance upon entry into another Partner State of the East African Community.
Coverage Horizontal
KENYA
Since February 2021
Pillar Quantitative trade restrictions for ICT goods, products and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
The Environmental Management and Coordination (Extended Producer Responsibility) Regulations of 2021
The Environmental Management and Coordination (Extended Producer Responsibility) Regulations impose obligations for importers of used electronic goods such as licences, registration for compliance schemes and reporting to ensure that the products comply with the Extended Producer Responsibility (EPR), amongst other requirements.
Coverage Used electronic goods, including electronic equipment
KENYA
Since March 2009
Since July 2017
Since July 2017
Pillar Intermediary liability |
Sub-pillar Monitoring requirement
National Cohesion And Integration Act No. 12 of 2008
Guidelines on Prevention of Dissemination of Undesirable Bulk and Premium Rate Political Messages and Political Social Media Content Via Electronic Communications Networks
Guidelines on Prevention of Dissemination of Undesirable Bulk and Premium Rate Political Messages and Political Social Media Content Via Electronic Communications Networks
Section 13 of Act No. 12 creates the offence and outlaws hate speech, and Section 62 makes an offense for any media enterprise to publish words intended to incite feelings of contempt, hatred, hostility, violence or discrimination against any person, group or community on the basis of ethnicity or race. A media enterprise can be fined up to one million shillings (USD 8,800) for publishing hate speech.
In addition, under the "Guidelines for the Prevention of Dissemination of Undesirable Bulk Political SMS and social media content via Electronic Communications Networks", intermediaries (bulk messaging and social media service providers) can be held liable for spreading falsehoods, hate speech and insults. Art. 13.6 of the Guidelines establishes that it shall be the responsibility of the Administrator of a social media platform to moderate and control undesirable contents and discussions that have been brought to their attention on their platform. In this respect, Art. 13.7 provides that social media service providers shall be required to pull down accounts used in disseminating undesirable political contents on their platform that have brought to their attention within 24 hours.
In addition, under the "Guidelines for the Prevention of Dissemination of Undesirable Bulk Political SMS and social media content via Electronic Communications Networks", intermediaries (bulk messaging and social media service providers) can be held liable for spreading falsehoods, hate speech and insults. Art. 13.6 of the Guidelines establishes that it shall be the responsibility of the Administrator of a social media platform to moderate and control undesirable contents and discussions that have been brought to their attention on their platform. In this respect, Art. 13.7 provides that social media service providers shall be required to pull down accounts used in disseminating undesirable political contents on their platform that have brought to their attention within 24 hours.
Coverage Media and bulk messaging and social media service providers
Sources
- https://cohesion.or.ke/index.php/resources/policies-and-regulations?download=29:national-cohesion-and-integration-act-2008
- https://wilmap.stanford.edu/entries/national-cohesion-and-integration-act-no-12-2008
- https://freedomhouse.org/country/kenya/freedom-net/2022
- https://cipesa.org/?wpfb_dl=254
- https://www.ca.go.ke/wp-content/uploads/2018/02/Guidelines-on-Prevention-of-Dissemination-of-Undesirable-Bulk-and-Premium-Rate-Political-Messages-and-Political-Social-Media-Content-Via-Electronic-Netw...
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