Database

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NEPAL

Since August 2007, last amended in December 2019

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Public Procurement Regulation, 2007 (सार्वजनिक खरिद नियमावली, २०६४)
Section 70.2(A) of the Public Procurement Regulations stipulates that foreign participation in the procurement of consultancy services estimated to cost less than NPR 100 million (approx. USD 800,000) is not permitted. However, exceptions may apply if a foreign entity forms a joint venture with a domestic individual, firm, or consulting company.
Coverage Consultancy services

NEPAL

N/A

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Signatory of the World Trade Organization (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)
Nepal is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal

NEPAL

Since April 2004

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Telecommunication Policy, 2060 (2004) (दूरसञ्चार नीति २०६०)
According to Section 5.6.2 of the Telecommunication Policy Act, foreign ownership in the telecommunications sector is subject to a maximum equity limit of 80%.
Coverage Telecommunications sector

NEPAL

Since July 1992, last amended in March 2019

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Foreign Investment and Technology Transfer Act, 2019 (2075) (विदेशी लगानी तथा प्रविधि हस्तान्तरण ऐन, २०७५)
According to Art. 3 of the Foreign Investment and Technology Transfer Act, no industry operated with foreign investment may make foreign investment of profits earned or in any other manner in any sector referred to in the Schedule of the Act. Pursuant to the Schedule Relating to Sub-section (2) of Section 3, foreign investment in consultancy services is subject to a maximum foreign equity limit of 51%. In addition, according to the Schedule, foreign investment in both computer training services and accounting, engineering, and legal consultancy is prohibited.
Coverage Consultancy services, computer training services, accounting, engineering, and legal consultancy

NEPAL

Since November 2006, last amended in August 2007

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Nationality/residency requirement for directors or managers
Companies Act, 2006 (2063) (कम्पनी ऐन २०६३)
According to Art. 185 of the Companies Act, it is mandatory for companies with paid-up capital of more than 10 million rupees (approx. 75,200 USD) to employ a company secretary with Nepali nationality. The company secretary is responsible for keeping and updating company records, calling general meetings, maintaining records of these meetings' decisions, and receiving shareholder grievances, among other things.
Coverage Companies with paid up capital more than 10 million rupees

NEPAL

Since September 2017
Since July 2018

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Nationality/residency requirement for directors or managers
Labour Act, 2017 (2074) (श्रम ऐन, २०७४)

Labour Rules, 2018 (2075) (श्रम नियमावली , २०७५)
According to Section 22 of the Labour Act 2017, employers are prohibited from hiring foreign nationals as labourers without obtaining a work permit from the Department. However, if the required skilled labour is unavailable among Nepali nationals, employers are allowed to hire a foreign worker. This restriction has been in place since the amendment of the Labour Act 1992, introduced by Section 4(A) in 1998. Additionally, the Labour Rules, effective since 2018, provide a slight relaxation of this provision under Section 3.1, allowing foreign-invested enterprises to employ up to three foreign workers without undergoing the labour market test. The labour market test, as specified in Section 22.3 of the 2017 Labour Act, requires publishing the job offer in a daily newspaper.
Coverage Horizontal

NEPAL

Since July 1992, last amended in March 2019

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Foreign Investment and Technology Transfer Act, 2019 (2075) (विदेशी लगानी तथा प्रविधि हस्तान्तरण ऐन, २०७५)
Foreign investment in all sectors is subject to approval. According to Section 15 of the Foreign Investment and Technology Transfer Act of 2019, foreign investors wishing to invest must submit an application to the foreign investment approval body. This application should include details of the investment, a schedule for bringing the investment into Nepal, and an action plan. Additionally, it is reported that other procedures, such as registration with various government agencies, can only be carried out after receiving approval from the foreign investment approval body. The screening requirement has been in place since the Foreign Investment and Technology Transfer Act of 1992 (Section 3).
Coverage Horizontal

NEPAL

Reported in 2022, last reported in 2023

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the enforcement of patents
Lack of adequate enforcement of patents
It is reported that Nepal lacks sufficient resources to maintain qualified patent examiners, and enforcement officials are not adequately trained. In addition, it is reported that insufficient fines do not deter patent infringement.
Coverage Horizontal

NEPAL

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Lack of participation in the Patent Cooperation Treaty (PCT)
Nepal is not a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

NEPAL

Since August 2002

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Copyright law with clear exceptions
Copyright Act, 2059 (2002) (प्रतिलिपि अधिकार ऐन, २०५९)
Nepal has a clear regime of copyright exceptions that follows the fair use model, which enables the lawful use of copyrighted work by others without obtaining permission. Art. 17 of the Copyright Act explicitly adopts the fair use model, allowing limited portions of a published work to be cited without authorisation from the author or copyright holder, provided such use does not prejudice their economic rights. In such cases, the source and author’s name (if indicated) must be appropriately credited. Arts. 18–23 of the Copyright Act outline an additional set of exceptions, which include reproduction for personal use, educational purposes, or use by libraries and archives, as well as reproduction, broadcasting, or communication of works for public information purposes, among others.
Coverage Horizontal

NAMIBIA

Since January 2015, entry into force in August 2015

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
Regulations in respect of Type Approval and Technical Standards for Telecommunications Equipment, 2015
In Namibia, type approval procedures for telecommunications equipment are regulated by the Communications Regulatory Authority of Namibia (CRAN). The conformity requirements reportedly align closely with those of the European Union. The homologation process does not mandate local laboratory testing or engagement with local representatives, as Namibia currently lacks ISO 17000-certified laboratories for conducting these tests. Instead, the regulations permit acceptance of test results from accredited laboratories abroad, provided the necessary supporting documentation is submitted to CRAN.
Under Section 8 of the Regulations in respect of Type Approval and Technical Standards for Telecommunications Equipment, CRAN may accept a declaration of conformity from an applicant if it is accompanied by a certified copy of test reports and data issued by an accredited test laboratory, confirming that the telecommunications equipment for which type approval is sought meets the applicable technical standards.
Coverage Telecommunication equipment

NAMIBIA

Since March 2020

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Restrictions on encryption standards
Electronic Transactions Act
The Electronic Transactions Act, Chapter 5, 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.
Coverage Security services and products meant to encrypt or decrypt data.

NAMIBIA

N/A

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Namibia does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal

NAMIBIA

N/A

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
Namibia lacks a comprehensive framework for consumer protection that applies to online transactions.
Coverage Horizontal

NAMIBIA

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Namibia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

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