Nicaragua is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 but is not a signatory of its 2015 expansion (ITA II).

Under Art. 167 of Presidential Decree No. 07-2025, foreign contractors may subcontract part of the services for which they are responsible only where they commit to providing capacity-building and technology transfer to national subcontractors. The Decree further provides that subcontracting should preferably be carried out with micro, small, and medium-sized enterprises. Moreover, pursuant to Section 100, the evaluation of bids is conducted in two stages, first a technical assessment and subsequently an economic assessment. At the technical stage, the contracting entity assesses proposals against qualitative factors, including knowledge transfer and the participation of nationals.

Pursuant to Art. 2 of Law No. 1238 on State Administrative Contracts, procurement procedures may be conducted on an exclusive basis for micro, small, and medium-sized enterprises (MSMEs). Art. 59 of the Law’s implementing regulation (Presidential Decree No. 07-2025) further provides that the governing authority, through the General Directorate of State Procurement, shall establish criteria to promote and facilitate MSME participation, including instruments such as: dividing procurement by geographic zones, imposing time limits, adopting measures to prevent market concentration in a single supplier, and other measures that support the objective of ensuring free competition and avoiding monopolies.

Pursuant to Section 33(e) of Presidential Decree No. 07-2025, foreign natural or legal persons seeking to contract with State entities must demonstrate their legal capacity through the legal-status documentation mandatorily required in the tender dossier, as a condition of legality and eligibility. In particular, for non-resident foreign persons, the Decree requires evidence of legal existence in the country of origin and the appointment of a legal representative in Nicaragua.

It is reported that transparency and procedural compliance challenges persist in Nicaragua’s public procurement system, creating significant hurdles for suppliers seeking to compete for government contracts. In particular, reports indicate that procurement processes do not consistently adhere to statutory requirements, including minimum time periods for open tendering, and that terms of reference and technical specifications are often unclear. It is further reported that financial guarantee requirements and local legal representation obligations create substantial barriers for foreign firms, especially those operating without a local partner. More broadly, foreign businesses report weak rule of law and corruption risks, which are particularly pronounced in government procurement.

Nicaragua is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.

Pursuant to Art. 12 of Law No. 1240 on Foreign Investment, foreign investors enjoy the same rights and the same means of exercising those rights as Nicaraguan investors. The Act does not establish any statutory limitation on foreign equity participation. Law No. 1240 repealed Law No. 344 on the Promotion of Foreign Investment, which likewise did not impose foreign equity caps.

Pursuant to Art. 92 of Law No. 354 on Patents, Utility Models, and Industrial Designs, where an applicant or rights holder under the Law is domiciled outside Nicaragua, they must be represented by an agent domiciled in Nicaragua.

Nicaragua is a party to the Patent Cooperation Treaty (PCT).

Nicaragua has a copyright regime governed by Law No. 312. However, the exceptions do not follow the fair use or fair dealing model, which limits the lawful use of copyrighted works by others. Arts. 31-43 outline the exceptions, including the reproduction of copyrighted works by means of reprography for teaching purposes, the reproduction of isolated articles published in the press or short extracts from a work, the reproduction of works for private use by the blind, and the use of a work for parody purposes, among others.

Namibia lacks a comprehensive framework for consumer protection that applies to online transactions.

Namibia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.

Namibia has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.

Namibia has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.