SAINT LUCIA
Reported in 2014, last reported in 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Screening regime on FDI
It is reported that foreign investment projects in Saint Lucia require prior government approval. Investment proposals are reviewed by Invest Saint Lucia, taking into account national interests and economic benefits. In addition, Non-CARICOM companies seeking to conduct business in Saint Lucia with an ownership stake exceeding 49% are required to obtain a trade licence from the Ministry of Commerce, Manufacturing, Business Development, Cooperatives and Consumer Affairs or through Invest Saint Lucia (ISL). As also stated in Arts. 5 and 6 of the 1985 Trade Licences Act, as amended by Act No. 21 of 27 March 2006, trade licence applications are examined by the Trade Licence Advisory Board, which submits a recommendation to the Minister, who takes the final decision.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240413073354/https://www.wto.org/english/tratop_e/tpr_e/s437-05_e.pdf
- https://web.archive.org/web/20220705023459/https://www.govt.lc/media.govt.lc/www/resources/legislation/TradeLicenceAct.pdf
- https://www.wto.org/english/tratop_e/tpr_e/s299-04_e.pdf
- https://web.archive.org/web/20220627213753/https://admin.theiguides.org/Media/Documents/aliens_act_cap1537.pdf
- https://web.archive.org/web/20230930165850/https://www.govt.lc/services/apply-for-a-trade-licence-new-
- Show more...
SAINT LUCIA
Reported in 2014, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Lack of patent application
It is reported that the Patents Act, No. 16 of 2001 has not yet entered into force, as the implementing regulations have not been brought into effect. As a result, in practice, patents are not granted domestically. However, patent protection may be secured through the registration or extension of granted United Kingdom patents under the Commercial Code (Part I, Patents, Art. 660A and related provisions).
Coverage Horizontal
SAINT LUCIA
Since August 1996
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Saint Lucia is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
SAINT LUCIA
Since October 1996, last amended in July 2024
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Copyright Act No. 10 of 1995
The Copyright Act has a clear regime of copyright exceptions that follows the fair dealing model, which enables the lawful use of copyrighted work by others without obtaining permission. Art. 55–57 lists the exceptions, which include research, private study, criticism, or review. In those cases where the purpose is unclear, the court is responsible for determining fair dealing.
Coverage Horizontal
SAINT LUCIA
Since March 2002
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty (WCT)
Saint Lucia has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
SAINT LUCIA
Since May 2002
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Saint Lucia has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
SAINT LUCIA
Since February 2001, last amended in December 2015
Since November 2000, entry into force in March 2001, last amended in February 2006
Since November 2000, entry into force in March 2001, last amended in February 2006
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Protection Against Unfair Competition Act No. 01 of 2001
Telecommunications Act - Act No. 27 of 2000
Telecommunications Act - Act No. 27 of 2000
The Protection Against Unfair Competition Act provides a comprehensive framework for the effective protection of trade secrets (Arts. 8-9). In addition, Art. 13 (g) of the Telecommunications Act mandates that records of trade secrets not be made available to the public for inspection.
Coverage Horizontal
SAINT LUCIA
Since November 2000, entry into force in March 2001, last amended in February 2006
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Telecommunications Act - Act No. 27 of 2000
Sections 49 and 50 of the Telecommunications Act mandate the sharing of passive infrastructure in Saint Lucia.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20240519112331/https://www.ntrcslu.lc/wp-content/uploads/2021/08/Telecommunications-Act-2000.pdf
- https://datahub.itu.int/data/?i=100014&e=LCA
- https://web.archive.org/web/20241119181509/https://www.ectel.int/wp-content/uploads/2023/11/Telecommunications-Act-Chapter-8.11-SLU.pdf
- Show more...
SAINT LUCIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
It is reported that Saint Lucia mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market. However, the legal provisions could not be found.
Coverage Telecommunications sector
SAINT LUCIA
Since April 2001
Since December 2008
Since June 2014
Since December 2008
Since June 2014
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
Statutory Instrument, 2002 No. 12 - Telecommunications (Private Networking Licensing) Regulations
Telecommunications (Licensing and authorisation) Regulations
Telecommunications (Fees) Regulations, 2014
Telecommunications (Licensing and authorisation) Regulations
Telecommunications (Fees) Regulations, 2014
The licensing regime in the telecom sector is regulated by the Telecommunications (Private Networking Licensing) Regulations and the Telecommunications (Licensing and authorisation) Regulations.
According to Art. 14 of the Telecommunications (Licensing and Authorisation) Regulations, when it is proposed to limit the number of licenses for the operation of a certain type of telecommunications network or the provision of a certain type of telecommunications service, the Commission, upon the recommendation of Eastern Caribbean Telecommunications Authority (ECTEL), shall publish a consultative document containing the reasons for the proposed limitation.
According to Arts. 4 and 5 of the Telecommunications (Fees) Regulations, individual and class licenses are subject to a non-refundable application fee, a one-time initial fee (upon approval of the application), and an annual license fee expressed either as a percentage of the licensee's gross revenue or a fixed amount; for fixed-line, mobile, and Internet service providers, these fees are XCD 1,000 (USD 370), XCD 20,000 (USD 7,400), and 3% of annual gross revenue, respectively.
According to Art. 14 of the Telecommunications (Licensing and Authorisation) Regulations, when it is proposed to limit the number of licenses for the operation of a certain type of telecommunications network or the provision of a certain type of telecommunications service, the Commission, upon the recommendation of Eastern Caribbean Telecommunications Authority (ECTEL), shall publish a consultative document containing the reasons for the proposed limitation.
According to Arts. 4 and 5 of the Telecommunications (Fees) Regulations, individual and class licenses are subject to a non-refundable application fee, a one-time initial fee (upon approval of the application), and an annual license fee expressed either as a percentage of the licensee's gross revenue or a fixed amount; for fixed-line, mobile, and Internet service providers, these fees are XCD 1,000 (USD 370), XCD 20,000 (USD 7,400), and 3% of annual gross revenue, respectively.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20221103170939/https://www.ectel.int/wp-content/uploads/2015/12/SLU-sro-12-2002-private-network-licensing.pdf
- https://web.archive.org/web/20221103162037/https://www.ectel.int/wp-content/uploads/2015/12/SLU-sro-121-2008-licensing-authorisation.pdf
- https://web.archive.org/web/20221103161151/https://www.ectel.int/wp-content/uploads/2015/12/SLU-sro-60-2014-fees.pdf
- https://web.archive.org/web/20241119181509/https://www.ectel.int/wp-content/uploads/2023/11/Telecommunications-Act-Chapter-8.11-SLU.pdf
- Show more...
SAINT LUCIA
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)
7.85%
Coverage rate of zero-tariffs on ICT goods (%)
51.04%
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.kommerskollegium.se/globalassets/publikationer/rapporter/2024/advancing-the-green-transition.pdf
SAINT LUCIA
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
Saint Lucia has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
SAINT LUCIA
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and the ITA Expansion Agreement (ITA II)
Saint Lucia 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.kommerskollegium.se/globalassets/publikationer/rapporter/2024/advancing-the-green-transition.pdf
- Show more...
SAINT LUCIA
Since November 2016, as amended in December 2020
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Public Procurement and Asset Disposal Act, Cap 15.10
According to Art. 57 of the Public Procurement and Asset Disposal Act, regional or international open competitive tendering is only allowed in cases where sufficient competition does not exist in Saint Lucia and only above SDR 155,000 (approx. USD 241,000) for contracting goods and services (Schedule 3).
Coverage Horizontal
Sources
- https://web.archive.org/web/20220628114930/https://www.finance.gov.lc/resources/download/2106
- https://web.archive.org/web/20241119180726/https://www.oas.org/es/sla/dlc/mesicic/docs/InfAvance_sl2022_aV.pdf
- https://web.archive.org/web/20240413073354/https://www.wto.org/english/tratop_e/tpr_e/s437-05_e.pdf
- Show more...
SAINT LUCIA
Since November 2016, as amended in December 2020
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Public Procurement and Asset Disposal Act, Cap 15.10
Art. 47(e) of the Public Procurement Act, Cap. 15.10, requires the evaluation of technical proposals for consultancy services procured through international competitive tendering to take into account the extent of participation by nationals among key staff in the performance of the public procurement.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220628114930/https://www.finance.gov.lc/resources/download/2106
- https://web.archive.org/web/20241009202446/https://observatorioplanificacion.cepal.org/sites/default/files/plan/files/MOP-2022-2026-Volledig-FINAL-DNA-approved-Engels.pdf
- https://web.archive.org/web/20241119180726/https://www.oas.org/es/sla/dlc/mesicic/docs/InfAvance_sl2022_aV.pdf
- https://web.archive.org/web/20240413073354/https://www.wto.org/english/tratop_e/tpr_e/s437-05_e.pdf
- Show more...
