NAMIBIA
Since March 2020
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar 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
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Namibia does not have a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. Section 195(c) of the Industrial Property Act of 2012 restricts the disclosure, acquisition or use in a manner contrary to honest commercial practices of secret information without the written consent of the person lawfully in control of that information.
Coverage Horizontal
NAMIBIA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
1.21%
Coverage rate of zero-tariffs on ICT goods (%)
73.93%
Coverage: Digital 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
NAMIBIA
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in Namibia to deliver telecom services to end users. It is practised in both the mobile sector and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
NAMIBIA
Since November 2009, entry into force in May 2011, last amended in July 2020
Pillar Telecom infrastructure & competition |
Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
Communications Act, 2009
Section 46 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
N/A
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Participation in the World Trade Organization (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)
Namibia is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
Sources
- 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
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NAMIBIA
Reported in 2021, last reported in 2023
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
There are three telecommunications providers in Namibia: Telecom Namibia Group, Mobile Telecommunications Namibia (MTC), and Paratus Telecommunications. Two of these, Telecom Namibia Group and Mobile Telecommunications Limited, are the incumbent telecommunications providers and are also fully state-owned. Furthermore, it is reported that among the mobile network operators, the mobile infrastructure is 97% owned by the state-owned Telecom Namibia and MTC. In addition, MTC's market share is close to 100% for both voice and SMS traffic.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20240413044054/https://www.wto.org/english/tratop_e/tpr_e/s447-05_e.pdf
- https://web.archive.org/web/20211208072916/https://www.cran.na/yglilidy/2021/12/CRAN-Telecommunications-Sector-Market-Report-Oct-2021.pdf
- https://web.archive.org/web/20211118103150/https://www.mtc.com.na/uploads/downloads/mtc_namibia_company_profile_landscape.pdf
- https://web.archive.org/web/20240703061937/https://www.nimbus.africa/docs/NimbusCircularParatusGroupShareSwap30Aug2019.pdf
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NAMIBIA
Since January 2023
Since December 2015, entry into force April 2017, last amended in October 2022
Since December 2015, entry into force April 2017, last amended in October 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Code of Good Practice on Preferences
Public Procurement Act, 2015 (Act 15 of 2015)
Public Procurement Act, 2015 (Act 15 of 2015)
According to Art. 6 of the Code of Best Practices on Preferences, the nature of procurements in Annexes 2, 3 and 4 of the Code is reserved exclusively for procurement from Namibian suppliers who have met the nationality requirements of Article 71.3 of the Public Procurement Act and the local content requirement determined in the Code. The annexes mentioned above contain several goods, such as Electrical Cables, Computer Consumables, Distribution Transformers, and Games and Gaming Products. Additionally, they encompass services like audiovisual services, marketing, advertising and branding services, research services, information and communication technology services, and professional services (including quantity surveying, architecture, and auditing).
Sources
- https://web.archive.org/web/20240629180446/https://archive.gazettes.africa/archive/na/2023/na-government-gazette-dated-2023-01-31-no-8020.pdf
- https://web.archive.org/web/20241115152457/https://mfpe.gov.na/documents/76368/1685900/230130+minister+statement+re+launching+of+codes+revised+PPU+(005).pdf/f87cc22f-4543-e9ef-0f22-e82728fbfa5b?t=1675...
- https://web.archive.org/web/20211021212801/https://namiblii.org/index.php/akn/na/act/2015/15/eng%402015-12-31#sec_71
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NAMIBIA
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory accounting separation for dominant network operators
It is reported that Namibia does not mandate accounting separation for operators with significant market power (SMP) in the telecom market. However, functional separation is required by law.
Coverage Telecommunications sector
NAMIBIA
Since January 2023
Since December 2015, entry into force April 2017, last amended in October 2022
Since December 2015, entry into force April 2017, last amended in October 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Code of Good Practice on Preferences
Public Procurement Act, 2015 (Act 15 of 2015)
Public Procurement Act, 2015 (Act 15 of 2015)
Sections 71-72 of the Procurement Act include provisions for granting preferential treatment to Namibian companies over foreign companies in public procurement. This preferential treatment generally applies to goods, works, and services.
According to Art. 8 of the Code of Best Practices on Preferences, the Board or public entity must give national preference to a bidder that (i) qualifies as a Namibian bidder in accordance with section 71.3 of the Act; (ii) demonstrates that the bidder complies with the local content; and (iii) complies with the Act.
Pursuant to Art. 9 of the Code, the maximum allowable cumulative margin of preference applicable to exclusive preferences for price evaluation purposes is 10%. The Board or the public entity, when evaluating bids for the exclusive preference, must apply the margins of preference specified in column 2 of Annex 6 of the Code to the eligible bidders for each qualification category. These preferences for price evaluation include
- 2% to local manufacturers,
- 1% to local MSMEs,
- 1% to local women-owned businesses,
- 2% to local youth-owned businesses,
- 2% to local businesses owned by previously disadvantaged people, 2% to local businesses owned by previously disadvantaged people, and 1% to services provided by Namibian nationals.
- 1% to services provided by Namibian nationals
According to Art. 8 of the Code of Best Practices on Preferences, the Board or public entity must give national preference to a bidder that (i) qualifies as a Namibian bidder in accordance with section 71.3 of the Act; (ii) demonstrates that the bidder complies with the local content; and (iii) complies with the Act.
Pursuant to Art. 9 of the Code, the maximum allowable cumulative margin of preference applicable to exclusive preferences for price evaluation purposes is 10%. The Board or the public entity, when evaluating bids for the exclusive preference, must apply the margins of preference specified in column 2 of Annex 6 of the Code to the eligible bidders for each qualification category. These preferences for price evaluation include
- 2% to local manufacturers,
- 1% to local MSMEs,
- 1% to local women-owned businesses,
- 2% to local youth-owned businesses,
- 2% to local businesses owned by previously disadvantaged people, 2% to local businesses owned by previously disadvantaged people, and 1% to services provided by Namibian nationals.
- 1% to services provided by Namibian nationals
Coverage Horizontal
Sources
- https://web.archive.org/web/20240521124113/https://archive.gazettes.africa/archive/na/2023/na-government-gazette-dated-2023-01-31-no-8020.pdf
- https://web.archive.org/web/20241115152457/https://mfpe.gov.na/documents/76368/1685900/230130+minister+statement+re+launching+of+codes+revised+PPU+(005).pdf/f87cc22f-4543-e9ef-0f22-e82728fbfa5b?t=1675...
- https://web.archive.org/web/20211021212801/https://namiblii.org/index.php/akn/na/act/2015/15/eng%402015-12-31#sec_71
- Show more...
NAMIBIA
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)
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 |
Sub-pillar 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 |
Sub-pillar 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 |
Sub-pillar 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