NAMIBIA
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)
Namibia is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
NAMIBIA
Since November 2009, entry into force in May 2011, last amended in July 2020
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Communications Act, 2009
Section 46.1 of the Communications Act restricts shareholding in the telecommunications sector to a maximum of 49% for foreigners or companies that are not owned and controlled by Namibian citizens.
Coverage Telecommunications sector
NAMIBIA
Since November 2009, entry into force in May 2011, last amended in July 2020
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Communications Act, 2009
According to Art. 85 of the Communications Act, the Authority has the discretion to grant a broadcasting license in the specified category, subject to determined conditions and payment of prescribed fees. The broadcasting license can only be issued to a Namibian citizen or to foreigners if certain criteria are met: the foreign company must have at least 51% of its shares owned by Namibian citizens, it must not be under the control of non-Namibian citizens, and it should have its principal place of business or registered office in Namibia. Additionally, as per Art. 85.3, the Minister may also beforehand authorise the issue of a broadcasting licence to a juristic person other than a juristic person referred. However, the law does not mention any further description of the conditions required for this authorisation. The provision does not make a distinction for online broadcasting, but Art. 1 states that “broadcast” includes the dissemination of electronic communications "by any other means if that communications are intended to be received by the public or the subscribers to a particular service".
Coverage Broadcasting sector
NAMIBIA
Since November 2009, entry into force in May 2011, last amended in July 2020
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Communications Act, 2009
Section 46.2 of the Communications Act requires that the Minister in charge approves the acquisition of control or ownership of a company in the telecommunications sector.
Coverage Telecommunications sector
NAMIBIA
Since February 2012, entered into force in August 2018
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Industrial Property Act, 2012
Section 211 of the Industrial Property Act of 2012 requires that applicants for parents whose ordinary residence or principal place of business is outside Namibia should be represented by an agent. The agent is either a legal practitioner resident and practising in Namibia in accordance with the Legal Practitioners Act, 1995 (Act No. 15 of 1995) or a person registered by the Registrar as an agent.
Coverage Horizontal
NAMIBIA
Since January 2004
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Namibia is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
NAMIBIA
Since March 1996
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Copyright and Neighbouring Rights Protection Act, 1994
The Copyright Act follows a fair dealing regime for copyright with a fairly wide range of exceptions, which enable the lawful use of copyrighted work by others. Arts. 15-24 list the exceptions, which include research or private study by, or the personal or private use by, the person using the work; criticism or review of the work or of another work; reporting on a current event in a newspaper, magazine or similar periodical; or by means of broadcasting or in a cinematograph film; among others.
Coverage Horizontal
NAMIBIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
Lack of ratification of the WIPO Copyright Treaty
Namibia has signed the World Intellectual Property Organization (WIPO) Copyright Treaty in December 1996, but has not ratified it.
Coverage Horizontal
NAMIBIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of ratification of the WIPO Performances and Phonograms Treaty
Namibia has signed the World Intellectual Property Organization (WIPO) Copyright Treaty in December 1996, but has not ratified it.
Coverage Horizontal
NAMIBIA
Since March 2020
Pillar Intellectual Property Rights (IPRs) |
Indicator Mandatory disclosure of business trade secrets such as algorithms or source code
Electronic Transactions Act
Art. 5 of the Electronic Transactions Act requires accreditation of security services and products, including those which are meant to encrypt or decrypt data. This accreditation may involve the technical analysis of the services. The specific requirements for such technical analysis are not listed. However, this can be interpreted to mean the submission of source codes and algorithms may be necessary.
Coverage Horizontal
NAMIBIA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
1.36%
Coverage rate of zero-tariffs on ICT goods (%)
73.91%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
MOZAMBIQUE
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Mozambique 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
MOZAMBIQUE
Reported in 2022, last reported in 2024
Pillar Online sales and transactions |
Indicator 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 30, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
MOZAMBIQUE
Since January 2017
Pillar Online sales and transactions |
Indicator Restrictions on domain names
Law No. 3/2017 of 09 January - Electronic Transactions Law (Lei de Transacções Electrónicas Lei Nº 03/2017)
According to Art. 6 of the Electronic Transactions Law, a local presence in Mozambique is required to acquire a local domain name (".mz").
Coverage Horizontal
Sources
- https://web.archive.org/web/20190326224508/https://www.inage.gov.mz/wp-content/uploads/2018/05/LEI-DE-TRANSACC%C3%95ES-ELECTR%C3%93NICAS.pdf
- https://web.archive.org/web/20231207194316/https://www.dataguidance.com/sites/default/files/electronic_transactions_law.pdf
- https://web.archive.org/web/20231211062747/https://web-solutions.eu/co-mz-domain-name-registration.htm
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