Database

Browse Database

VANUATU

N/A

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

VANUATU

Since September 2020

Pillar Technical standards applied to ICT goods, products and online services  |  Sub-pillar Self-certification for product safety
Decision 01 of 2020
According to Art. 2 of Decision 01 of 2020, local importers need to obtain type approval import permit from the Telecommunications, Radiocommunications & Broadcasting Regulator for the approval of importation, use, and sale of a particular model each time a consignment of relevant equipment is imported to Vanuatu.
Coverage ICT equipment

VANUATU

Since September 2020

Pillar Quantitative trade restrictions for ICT goods, products and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Decision 01 of 2020
According to Art. 2 of Decision 01 of 2020, local importers need to obtain type approval import permit from the Telecommunications, Radiocommunications & Broadcasting Regulator for the approval of importation, use, and sale of a particular model each time a consignment of relevant equipment is imported to Vanuatu.
Coverage ICT equipment

VANUATU

Since September 2000

Pillar Intermediary liability  |  Sub-pillar Safe harbor for intermediaries for any activity other than copyright infringement
Electronic Transactions Act, Act 24 of 2000
The Electronic Transactions Act establishes a safe harbour regime for intermediaries for copyright infringements. According to Art. 26 of the Act, an intermediary is not subject to any civil or criminal liability in respect of any information contained in an electronic record in respect of which the intermediary provides services if the intermediary was not the originator of that electronic record and the intermediary: (a) has no actual knowledge that the information gives rise to civil or criminal liability, or (b) is not aware of any facts or circumstances from which the likelihood of civil or criminal liability in respect of the information ought reasonably to have been known; or (c) follows the procedure set out in section 27 if the intermediary: (i) acquires knowledge that the information gives rise to civil or criminal liability; or (ii) becomes aware of facts or circumstances from which the likelihood of civil or criminal liability in respect of the information ought reasonably to have been known.
Coverage Internet intermediaries

VANUATU

Since September 2000

Pillar Intermediary liability  |  Sub-pillar Safe harbor for intermediaries for copyright infringement
Electronic Transactions Act, Act 24 of 2000
The Electronic Transactions Act establishes a safe harbour regime for intermediaries for copyright infringements. According to Art. 26 of the Act, an intermediary is not subject to any civil or criminal liability in respect of any information contained in an electronic record in respect of which the intermediary provides services if the intermediary was not the originator of that electronic record and the intermediary: (a) has no actual knowledge that the information gives rise to civil or criminal liability, or (b) is not aware of any facts or circumstances from which the likelihood of civil or criminal liability in respect of the information ought reasonably to have been known; or (c) follows the procedure set out in section 27 if the intermediary: (i) acquires knowledge that the information gives rise to civil or criminal liability; or (ii) becomes aware of facts or circumstances from which the likelihood of civil or criminal liability in respect of the information ought reasonably to have been known.
Coverage Internet intermediaries

VANUATU

Since November 2000

Pillar Domestic Data policies  |  Sub-pillar Requirement to perform an impact assessment (DPIA) or have a data protection officer (DPO)
E-Business Act 2000
According to Part IV of the E-Business act, companies carrying any electronic business must appoint a data protection officer.
Coverage E-business

VANUATU

N/A

Pillar Domestic Data policies  |  Sub-pillar Framework for data protection
Lack of comprehensive regime on data protection
Vanuatu lacks a comprehensive regime on data protection. As stated in the webpage of the Office of the Government Chief Information Officer: "The legislation in regards to ICT, including The Digital Data Protection and Privacy Bill, is still on ongoing process".
Coverage Horizontal

VANUATU

N/A

Pillar Cross-border data policies  |  Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Vanuatu has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal

VANUATU

Since November 2012

Pillar Telecom infrastructure and competition  |  Sub-pillar Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Vanuatu has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

VANUATU

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Presence of independent telecom authority
Presence of an independent telecom authority
It is reported that the Telecommunications and Radiocommunications Regulator, the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector

VANUATU

Since November 2009, last amended July 2018

Pillar Telecom infrastructure and competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Telecommunication Radio Communication Broadcasting Regulator's Act
According to Section 37 of the Telecommunication Radio Communication Broadcasting Regulator's Act, both functional and accounting separation is mandated for operators with significant market power.
Coverage Telecommunications sector

VANUATU

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Passive infrastructure sharing obligation
Lack of passive infrastructure sharing obligation
It is reported that passive infrastructure sharing is not mandated, but it is practiced in the market in both the mobile and fixed sectors (based on commercial agreements).
Coverage Telecommunications sector

VANUATU

Since December 2000

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Trade Secrets Act of 2000, Act. 52 of 2000
The Trade Secrets Act of 2000, Act. 52 of 2000 provides a framework for the effective protection of trade secrets. According to the Act, a trade secret is classified as information that is not commonly known or easily accessible to those involved in similar details. It can also pertain to someone's business or professional matters and, if disclosed, would negatively impact their lawful activities. Additionally, a trade secret holds commercial value due to its confidentiality and exclusivity. If a trade secret is acquired, used, or disclosed by a person without the authority of the owner of the trade secret, the owner has the right to apply to the Court for a declaration that the trade secret has been acquired, used, or disclosed without authority. The Court may grant an injunction preventing anyone from dealing with, or otherwise using, the secret in a commercial way; and if it is satisfied that the owner has suffered damage because of the unauthorised disclosure—award damages to the owner.
Coverage Horizontal

VANUATU

Since May 2020, entry into force since August 2020

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Copyright Treaty
WIPO Copyright Treaty
Vanuatu has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

VANUATU

Since May 2020, entry into force since August 2020

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Vanuatu has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal