PAPUA NEW GUINEA
Since November 1951, last amended in June 2010
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Customs Regulation 1951
According to Art. 21.4 of the Customs Regulation 1951, the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is PGK 250 (approx. USD 60). This threshold remains below the USD 200 threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
Sources
- https://web.archive.org/web/20250208073957/https://customs.gov.pg/pdf/legislation/customs_regulations_1951.pdf
- https://web.archive.org/web/20250520195615/https://pacificecommerce.org/wp-content/uploads/2022/06/PNG-ECommerce-Assessment.pdf
- https://web.archive.org/web/20260119234931/https://zonos.com/docs/guides/de-minimis-values
- Show more...
PAPUA NEW GUINEA
Since May 2025
Pillar Online sales and transactions |
Indicator Restrictions on domain names
Registrant Agreement PNGUoT
The ".pg" registry (administered by the Papua New Guinea University of Technology, PNGUoT) regulates registrations through registry instruments, including the ".pg" Acceptable Use Policy (AUP) and the Registrant Agreement. According to Section 4 of the Agreement, registrants must provide a set of information to PNGUoT or its registrar, including a valid address. It is reported that applicants must have a local representative or local presence in the country.
Coverage Horizontal
Sources
- https://web.archive.org/web/20260122180434/https://www.nic.pg/pdf/registrant_agreement_pg.pdf
- https://web.archive.org/web/20260112053740/https://www.pnguot.ac.pg/icts-dns/
- https://web.archive.org/web/20241004185356/https://www.ict.gov.pg/Standards/PNG%20Government%20Domain%20Name%20Standards%202023%20v1.pdf
- https://web.archive.org/web/20250810190441/https://support.marcaria.com/hc/en-us/articles/115003424263-What-are-the-registration-requirements-for-registering-a-PG-domain
- Show more...
PAPUA NEW GUINEA
N/A
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Papua New Guinea has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
PAPUA NEW GUINEA
N/A
Pillar Domestic data policies |
Indicator Framework for data protection
Lack of comprehensive legal framework for data protection
Papua New Guinea does not have a comprehensive data protection regime in place.
Coverage Horizontal
PAPUA NEW GUINEA
Since April 2016
Pillar Domestic data policies |
Indicator Requirement to allow the government to access personal data collected
SIM Card Registration Regulation 2016 (Statutory Instrument No. 7 of 2016)
Section 7 of the SIM Card Registration Regulation provides that subscriber information held in the subscriber information database may be disclosed to a security agency, defined in Section 1 as the Royal Papua New Guinea Constabulary, which is the national police force, other State law enforcement bodies, or the National Intelligence Organisation; however, a licensee, meaning any telecommunications or electronic communications service provider licensed by the National Information and Communications Technology Authority (NICTA), may release such information only upon receiving a prior written request from the relevant security agency. This request must be in the prescribed form, state the rank of the requesting official, specify the purpose and reasons for the request, relate to the statutory functions of the agency, and be endorsed by the Attorney-General, who is a government minister, as well as by the National Intelligence Organisation and NICTA, before being submitted to the licensee. Disclosure is prohibited where it would contravene the Constitution or any Act of Parliament, or where it would pose a threat to national security. The legislation does not require that such a request be supported by a judicial investigation, a warrant, or a court order.
Coverage Telecommunications sector
PAPUA NEW GUINEA
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Papua New Guinea's law and jurisprudence.
Coverage Internet intermediaries
PAPUA NEW GUINEA
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
A basic legal framework on intermediary liability beyond copyright infringement is absent in Papua New Guinea's law and jurisprudence.
Coverage Internet intermediaries
PAPUA NEW GUINEA
Since July 2016
Pillar Intermediary liability |
Indicator User identity requirement
SIM Card Registration Regulation 2016 (Statutory Instrument No. 7 of 2016)
The SIM Card Registration Regulation 2016 mandates telecom and electronic communications service licensees to establish and maintain a Subscriber Information Database for SIM registration purposes (Art. 4).
According to Art. 9 of Regulation, telecom and electronic communications service licensees must register, capture and transmit to their subscriber information database (a) the identification number of any SIM card to be activated at the request of an individual subscriber, and (b) the subscriber’s biometric and other personal data. The collection of such personal information must follow the prescribed form. An individual subscriber may not be registered unless they present a valid identification document and are physically present at the registration location.
According to Art. 9 of Regulation, telecom and electronic communications service licensees must register, capture and transmit to their subscriber information database (a) the identification number of any SIM card to be activated at the request of an individual subscriber, and (b) the subscriber’s biometric and other personal data. The collection of such personal information must follow the prescribed form. An individual subscriber may not be registered unless they present a valid identification document and are physically present at the registration location.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20231028070932/https://www.nicta.gov.pg/download/sim-card-registration-regulation/
- https://web.archive.org/web/20251229021740/https://www.nicta.gov.pg/regulatory/telecommunications/sim-card-registration-faq/
- https://web.archive.org/web/20250716175729/https://vodafone.com.pg/about/about-us/customer-care/registration-process
- https://web.archive.org/web/20260122175957/https://www.ict.gov.pg/sim-card-registration-to-link-with-digital-id/
- Show more...
PAPUA NEW GUINEA
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional and accounting separation for dominant network operators
Papua New Guinea does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
PAPUA NEW GUINEA
Since June 2002
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Papua New Guinea has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
PAPUA NEW GUINEA
Since February 2010, last amended in December 2016
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
National Information and Communication Technology Act 2009
The National Information and Communication Technology Authority (NICTA), established in 2010 under the National Information and Communication Technology Act 2009, is the executive authority responsible for supervising and administering telecommunications services. Pursuant to Art. 40 of the Act, NICTA is required to operate as an independent, autonomous and impartial body and to perform its functions without favour, prejudice or political or commercial interference.
Coverage Telecommunications sector
PAPUA NEW GUINEA
Since July 2022, entry into force in August 2022
Pillar Cross-border data policies |
Indicator Local storage requirement
Digital Government Act No. 41 of 2022
Section 28 of the Digital Government Act mandates that the department responsible for information and communications technology establish and manage the Government’s Central Electronic Data Repository, which shall serve as the official facility for the backup of electronic data maintained by public bodies. This Repository shall comprise a primary physical electronic data repository together with any redundancy repositories established under Section 30, all of which must be synchronised and function collectively as a unified data storage system for compulsory backup and redundant data retention. The Central Electronic Data Repository must include an active operational software and hardware server, a storage software and hardware server, and a system processing software and hardware server. Public bodies that store data electronically are required, as regularly as practicable, to ensure that their electronic data is also backed up within the Central Electronic Data Repository as redundancy, within one year of the Repository’s establishment and publication by the Minister in the National Gazette. Under Section 30, the Department must also maintain one or more additional data centres for electronic data backup and redundancy, each of which must undergo daily synchronisation with the Central Electronic Data Repository, comply with the cybersecurity standards prescribed under the Act, and maintain a transmission system connecting it to the Central Electronic Data Repository.
Coverage Public sector
Sources
- https://web.archive.org/web/20260202142823/https://www.ict.gov.pg/Legislation/Digital%20Government%20Act/Digital%20Government%20Act%202022%2022.03.22%20.pdf
- https://web.archive.org/web/20251213132941/https://www.ict.gov.pg/dict-and-png-dataco-formalize-digital-transformation-partnership/
- https://web.archive.org/web/20250803000911/https://www.ict.gov.pg/wp-content/uploads/2024/policies/National%20DGDP%20Policy%2027-03-24%20v5.2.pdf
- Show more...
PAPUA NEW GUINEA
Since July 2022, entry into force in August 2022
Pillar Cross-border data policies |
Indicator Infrastructure requirement
Digital Government Act No. 41 of 2022
Sections 22 to 27 of the Digital Government Act establish a centralised government network, cloud, and data infrastructure under the authority of the department responsible for information and communications technology. All public bodies are required to use the Government Private Network, which integrates the Central Electronic Data Repository, approved physical, virtual or cloud connectivity, and shared digital services, unless written approval is obtained to use an alternative network. The Act mandates the creation of a Government Leased Cloud Infrastructure, requiring public bodies to migrate all virtual private networks and digital services operating on external cloud infrastructure within one year, subject to limited, time-bound exemptions approved in writing, with unauthorised operation constituting an offence. The Department may further establish a Government Private Cloud Infrastructure, to be physically located in Papua New Guinea, into which public-sector electronic data must be migrated within a prescribed period, while offshore storage is permitted only on efficiency grounds, in compliance with standards, and with written approval following advice from the ICT Steering Committee. The framework is completed by establishing the National Electronic Data Bank, which will host the Central Electronic Data Repository, the National Cyber Security Centre, the Government Private Cloud Infrastructure (if established), other public-sector data servers, and all associated core infrastructure.
Coverage Public sector
Sources
- https://web.archive.org/web/20260202142823/https://www.ict.gov.pg/Legislation/Digital%20Government%20Act/Digital%20Government%20Act%202022%2022.03.22%20.pdf
- https://web.archive.org/web/20251213132941/https://www.ict.gov.pg/dict-and-png-dataco-formalize-digital-transformation-partnership/
- https://web.archive.org/web/20250803000911/https://www.ict.gov.pg/wp-content/uploads/2024/policies/National%20DGDP%20Policy%2027-03-24%20v5.2.pdf
- Show more...
PAPUA NEW GUINEA
Since January 1997, last amended in September 2022
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Nationality/residency requirement for directors or managers
Companies Act, 1997
According to Art. 128 of the Companies Act, at least one director of the company shall be ordinarily resident in the country.
Coverage Horizontal
PAPUA NEW GUINEA
Since January 1992, last amended in May 2023
Since January 1992, last amended in January 2022
Since January 1992, last amended in January 2022
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Investment Promotion Act, 1992
Investment Promotion Regulation, 1992
Investment Promotion Regulation, 1992
According to Art. 25 of the Investment Promotion Act, the Investment Promotion Authority (IPA) may grant a certificate authorising a foreign enterprise to carry on business in the country, and, subject to Art. 26, a foreign enterprise may not operate without such a certificate. Pursuant to Art. 28, a foreign company applies for an investment certificate by submitting, in the prescribed form, an application to the IPA together with copies of any agreements or documents relating to the management or proposed management of the company. The IPA must verify the accuracy of the information provided, assess whether the proposed activity is likely to contribute to the objectives of the Act, evaluate the applicant’s capacity to finance, establish and operate the enterprise, and review the applicant and any associated owners, directors or partners before granting the certificate on appropriate terms. The IPA must notify the applicant in writing of its decision to grant or refuse the certificate within 35 working days of receiving a complete and correct application.
It is reported that, although the country does not apply a formal minimum investment threshold, the IPA may, pursuant to Section 28(7) of the Investment Promotion Act, require a potential investor to deposit a prescribed amount prior to approval. The screening mechanism is understood to focus on assessing the net economic benefit of the investment and its consistency with the national interest.
It is reported that, although the country does not apply a formal minimum investment threshold, the IPA may, pursuant to Section 28(7) of the Investment Promotion Act, require a potential investor to deposit a prescribed amount prior to approval. The screening mechanism is understood to focus on assessing the net economic benefit of the investment and its consistency with the national interest.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250911091637/https://investmentpolicy.unctad.org/investment-laws/laws/97/papua-new-guinea-investment-act
- https://web.archive.org/web/20250203120720/https://faolex.fao.org/docs/pdf/png223876.pdf
- https://web.archive.org/web/20250203121059/https://faolex.fao.org/docs/pdf/png223875.pdf
- https://web.archive.org/web/20231204172958/https://www.state.gov/reports/2022-investment-climate-statements/papua-new-guinea/#report-toc__section-1
- Show more...
