NAMIBIA
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)
1.36%
Coverage rate of zero-tariffs on ICT goods (%)
73.91%
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.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
NAMIBIA
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 in ITA Expansion Agreement (ITA II)
Namibia 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.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
- Show more...
NAMIBIA
Since January 2023
Since December 2015, entry into force April 2017, last amended in October 2022
Since December 2015, entry into force April 2017, last amended in October 2022
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Code of Good Practice on Preferences
Public Procurement Act, 2015 (Act 15 of 2015)
Public Procurement Act, 2015 (Act 15 of 2015)
According to Art. 6 of the Code of Best Practices on Preferences, the nature of procurements in Annexes 2, 3 and 4 of the Code is reserved exclusively for procurement from Namibian suppliers who have met the nationality requirements of Article 71.3 of the Public Procurement Act and the local content requirement determined in the Code. The annexes mentioned above contain several goods, such as Electrical Cables, Computer Consumables, Distribution Transformers, and Games and Gaming Products. Additionally, they encompass services like audiovisual services, marketing, advertising and branding services, research services, information and communication technology services, and professional services (including quantity surveying, architecture, and auditing).
Sources
- https://web.archive.org/web/20240629180446/https://archive.gazettes.africa/archive/na/2023/na-government-gazette-dated-2023-01-31-no-8020.pdf
- https://web.archive.org/web/20241115152457/https://mfpe.gov.na/documents/76368/1685900/230130+minister+statement+re+launching+of+codes+revised+PPU+(005).pdf/f87cc22f-4543-e9ef-0f22-e82728fbfa5b?t=1675...
- https://web.archive.org/web/20211021212801/https://namiblii.org/index.php/akn/na/act/2015/15/eng%402015-12-31#sec_71
- Show more...
NAMIBIA
Since January 2023
Since December 2015, entry into force April 2017, last amended in October 2022
Since December 2015, entry into force April 2017, last amended in October 2022
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Code of Good Practice on Preferences
Public Procurement Act, 2015 (Act 15 of 2015)
Public Procurement Act, 2015 (Act 15 of 2015)
Sections 71-72 of the Procurement Act include provisions for granting preferential treatment to Namibian companies over foreign companies in public procurement. This preferential treatment generally applies to goods, works, and services.
According to Art. 8 of the Code of Best Practices on Preferences, the Board or public entity must give national preference to a bidder that (i) qualifies as a Namibian bidder in accordance with section 71.3 of the Act; (ii) demonstrates that the bidder complies with the local content; and (iii) complies with the Act.
Pursuant to Art. 9 of the Code, the maximum allowable cumulative margin of preference applicable to exclusive preferences for price evaluation purposes is 10%. The Board or the public entity, when evaluating bids for the exclusive preference, must apply the margins of preference specified in column 2 of Annex 6 of the Code to the eligible bidders for each qualification category. These preferences for price evaluation include
- 2% to local manufacturers,
- 1% to local MSMEs,
- 1% to local women-owned businesses,
- 2% to local youth-owned businesses,
- 2% to local businesses owned by previously disadvantaged people, 2% to local businesses owned by previously disadvantaged people, and 1% to services provided by Namibian nationals.
- 1% to services provided by Namibian nationals
According to Art. 8 of the Code of Best Practices on Preferences, the Board or public entity must give national preference to a bidder that (i) qualifies as a Namibian bidder in accordance with section 71.3 of the Act; (ii) demonstrates that the bidder complies with the local content; and (iii) complies with the Act.
Pursuant to Art. 9 of the Code, the maximum allowable cumulative margin of preference applicable to exclusive preferences for price evaluation purposes is 10%. The Board or the public entity, when evaluating bids for the exclusive preference, must apply the margins of preference specified in column 2 of Annex 6 of the Code to the eligible bidders for each qualification category. These preferences for price evaluation include
- 2% to local manufacturers,
- 1% to local MSMEs,
- 1% to local women-owned businesses,
- 2% to local youth-owned businesses,
- 2% to local businesses owned by previously disadvantaged people, 2% to local businesses owned by previously disadvantaged people, and 1% to services provided by Namibian nationals.
- 1% to services provided by Namibian nationals
Coverage Horizontal
Sources
- https://web.archive.org/web/20240521124113/https://archive.gazettes.africa/archive/na/2023/na-government-gazette-dated-2023-01-31-no-8020.pdf
- https://web.archive.org/web/20241115152457/https://mfpe.gov.na/documents/76368/1685900/230130+minister+statement+re+launching+of+codes+revised+PPU+(005).pdf/f87cc22f-4543-e9ef-0f22-e82728fbfa5b?t=1675...
- https://web.archive.org/web/20211021212801/https://namiblii.org/index.php/akn/na/act/2015/15/eng%402015-12-31#sec_71
- Show more...
NAMIBIA
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)
Namibia is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
NAMIBIA
Since November 2009, entry into force in May 2011, last amended in July 2020
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Communications Act, 2009
Section 46.1 of the Communications Act restricts shareholding in the telecommunications sector to a maximum of 49% for foreigners or companies that are not owned and controlled by Namibian citizens.
Coverage Telecommunications sector
NAMIBIA
Since November 2009, entry into force in May 2011, last amended in July 2020
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Communications Act, 2009
According to Art. 85 of the Communications Act, the Authority has the discretion to grant a broadcasting license in the specified category, subject to determined conditions and payment of prescribed fees. The broadcasting license can only be issued to a Namibian citizen or to foreigners if certain criteria are met: the foreign company must have at least 51% of its shares owned by Namibian citizens, it must not be under the control of non-Namibian citizens, and it should have its principal place of business or registered office in Namibia. Additionally, as per Art. 85.3, the Minister may also beforehand authorise the issue of a broadcasting licence to a juristic person other than a juristic person referred. However, the law does not mention any further description of the conditions required for this authorisation. The provision does not make a distinction for online broadcasting, but Art. 1 states that “broadcast” includes the dissemination of electronic communications "by any other means if that communications are intended to be received by the public or the subscribers to a particular service".
Coverage Broadcasting sector
MYANMAR
Reported in 2023
Pillar Online sales and transactions |
Indicator Restrictions on online payments
Complaint about strict foreign exchange rules
Reports indicate that the Central Bank of Myanmar has implemented stringent foreign exchange restrictions that significantly constrain commercial activity. These conversion rules have substantially increased business costs and restricted the ability of enterprises to import essential inputs into Myanmar.
Coverage Horizontal
MYANMAR
Reported in 2023
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 75, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
MYANMAR
Reported in 2021, last reported in 2023
Pillar Online sales and transactions |
Indicator Restrictions on domain names
Physical presence requirement
It is reported that registering a ".com.mm" or ".net.kh" domain name requires a local company or subsidiary in Myanmar.
Coverage Horizontal
MYANMAR
Since April 2004, as amended in February 2014, last amended in February 2021
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Electronic Transactions Law (The State Peace and Development Council Law No. 5/2004) (အီလက်ထရောနစ် ဆက်သွယ်ဆောင်ရွက်ရေးဥပဒေ)
Pyidaungsu Hluttaw Law No.6/2014 – Law Amending the Electronic Transactions Law 2014
Pyidaungsu Hluttaw Law No.6/2014 – Law Amending the Electronic Transactions Law 2014
The Electronic Transaction Law 2004 (as amended in 2014) provides a comprehensive framework for consumer protection that also applies to online transactions. This was amended by the Law Amending the Electronic Transactions Law 2014, providing for the amendment of offences and penalties for anyone who commits any offence by using electronic transaction technology (Arts. 33-36).
Coverage Horizontal
Sources
- https://web.archive.org/web/20230220024259/https://www.myanmartradeportal.gov.mm/uploads/legals/2018/12/Electronic%20Transactions%20Law%202004(English).pdf
- https://web.archive.org/web/20220714035647/https://www.myanmartradeportal.gov.mm/en/legal/217
- https://web.archive.org/web/20220223052817/https://www.myanmar-responsiblebusiness.org/pdf/electronic-transactions-law_consolidated_2014-and-2021_en.pdf
- https://unctad.org/page/cyberlaw-tracker-country-detail?country=mm
- Show more...
MYANMAR
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
Myanmar has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
MYANMAR
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Myanmar has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
MYANMAR
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Myanmar has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
