SAO TOME AND PRINCIPE
Since May 2013
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Decree No. 6/2013 - Approving the granting of an exploration licence to UNITEL STP, S:A:R:L. (Decreto No. 6/2013 - Aprova a atribuição de Licença de Exploração de Comunicação a UNITEL STP, S:A:R:L.)
There is an obligation for passive infrastructure sharing in São Tomé e Príncipe to deliver telecom services to end users under Art. 8.8 of Decree No. 6/2013. It is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
SAO TOME AND PRINCIPE
Reported in 2022
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The government owns 49% of the shares of Companhia Santomense de Telecomunicações, SARL (CST).
Coverage Telecommunications sector
SAO TOME AND PRINCIPE
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 I) and in ITA Expansion Agreement (ITA II)
São Tomé e Príncipe is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA I) nor the 2015 expansion (ITA II). In fact, São Tomé e Príncipe is not a member of the WTO, although it is an observer.
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
- Show more...
SAO TOME AND PRINCIPE
Since August 2009
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Law No. 8/2009 - Approves the Bidding and Public Procurement Regulations (Lei No. 8/2009 - Aprova o Regulamento de Licitação e Contratações Públicas)
According to Art. 43 of Law No. 8/2009, domestic preference margins may be applied in international public tenders, allowing up to 7.5% for works and up to 10% for goods and services produced in São Tomé e Príncipe.
Coverage Horizontal
SAO TOME AND PRINCIPE
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)
São Tomé e Príncipe is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status. In fact, São Tomé e Príncipe is not a member of the WTO, although it is an observer.
Coverage Horizontal
SAO TOME AND PRINCIPE
Since April 1993
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Law No. 2/93 - Press Law (Lei No. 2/93 - Lei de Imprensa)
Art. 13 of Law No. 2/93 states that journalistic companies with a profit motive, based in the country and subject only to São Toméan law, may have foreign capital participation up to 25% and without voting rights. This includes online newspapers. In fact, Art. 10 defines journalistic companies as those whose main purpose is the collection, processing and dissemination of news, comments and images intended for publication in the periodical press.
Coverage Online newspapers
SAO TOME AND PRINCIPE
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)
10.24%
Coverage rate of zero-tariffs on ICT goods (%)
0%
Coverage: ICT goods
Sources
- http://wits.worldbank.org
- 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
SAINT LUCIA
Since February 2016, entry into force in January 2020
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Consumer Protection Act No. 09 of 2016
The Consumer Protection Act provides a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal
SAINT LUCIA
N/A
Pillar Online sales and transactions |
Indicator Ratification of the 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
Saint Lucia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
SAINT LUCIA
Since 2011
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Saint Lucia has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
SAINT LUCIA
Since 2011
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
UNCITRAL Model Law on Electronic Signatures
Saint Lucia has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
SAINT LUCIA
Since March 1985
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Trade Licences Act
According to Art. 3 of the Trade Licences Act, foreign companies shall not engage in trade without a trade licence and the approval of the Ministry of Commerce, Manufacturing, Business Development, Cooperatives and Consumer Affairs or from Invest Saint Lucia. Under Arts. 5-6 of the Act, the application for the licence is considered by the Trade License Advisory Board, which makes a recommendation to the Minister, who then grants the final approval. It is reported that some exceptions apply to CARICOM companies.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220705023459/https://www.govt.lc/media.govt.lc/www/resources/legislation/TradeLicenceAct.pdf
- https://web.archive.org/web/20220627213753/https://admin.theiguides.org/Media/Documents/aliens_act_cap1537.pdf
- https://web.archive.org/web/20221006183615/https://www.uhy.com/wp-content/uploads/Doing-Business-in-Saint-Lucia.pdf
- https://web.archive.org/web/20230323181011/https://archive.stlucia.gov.lc/faq/opening_a_business_in_saint_lucia.htm
- https://web.archive.org/web/20230522102415/https://www.wto.org/english/tratop_e/tpr_e/s437-05_e.pdf
- https://web.archive.org/web/20230930165850/https://www.govt.lc/services/apply-for-a-trade-licence-new-
- Show more...
SAINT LUCIA
Since March 2011, last amended in March 2015
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Data Protection Act
According to Section 47 of the Data Protection Act, any individual or company that seeks to collect, transfer, or process personal data must have a certification as a data controller. The data controller is the representative in charge of processing personal data and must make an application for registration to the Commissioner. The Commissioner can reject the license if it reasonably believes that (a) the particulars proposed for inclusion in an entry in the register are insufficient or any other information required by the Commissioner either has not been furnished or is insufficient; (b) appropriate safeguards for the protection of the privacy of the data subjects concerned are not being, or will not continue to be, provided by the data controller; or (c) the person applying for registration is not fit and proper in the determination of the Commissioner.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231130212847/https://attorneygeneralchambers.com/laws-of-saint-lucia/data-protection-act
- https://web.archive.org/web/20230425080819/https://www.dataguidance.com/sites/default/files/act_11_of_2011.pdf
- https://web.archive.org/web/20240803021228/https://www.dataguidance.com/sites/default/files/act_2_of_2015.pdf
- Show more...
SAINT LUCIA
Reported in 2022, last reported in 2023
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Ban of foreign investment
There are reportedly 21 investment areas, including trading imports, that are designated exclusively for Saint Lucian nationals. However, authorities have observed that this restriction is not consistently enforced. Exemptions have been reported for substantial investments or when local investors either lack business interest or do not possess the necessary technology.
Coverage Import for the purpose of trading
