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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

NAMIBIA

Reported in 2021, last reported in 2023

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
There are three telecommunications providers in Namibia: Telecom Namibia Group, Mobile Telecommunications Namibia (MTC), and Paratus Telecommunications. Two of these, Telecom Namibia Group and Mobile Telecommunications Limited, are the incumbent telecommunications providers and are also fully state-owned. Furthermore, it is reported that among the mobile network operators, the mobile infrastructure is 97% owned by the state-owned Telecom Namibia and MTC. In addition, MTC's market share is close to 100% for both voice and SMS traffic.
Coverage Telecommunications sector

NAMIBIA

Since January 2023
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)
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).

NAMIBIA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory accounting separation for dominant network operators
It is reported that Namibia does not mandate accounting separation for operators with significant market power (SMP) in the telecom market. However, functional separation is required by law.
Coverage Telecommunications sector

NAMIBIA

Since January 2023
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)
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
Coverage Horizontal

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

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 Screening of investment and acquisitions
Communications Act, 2009
Section 46.2 of the Communications Act requires that the Minister in charge approves the acquisition of control or ownership of a company in the telecommunications sector.
Coverage Telecommunications sector

NAMIBIA

Since February 2012, entered into force in August 2018

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the application process for patents
Industrial Property Act, 2012
Section 211 of the Industrial Property Act of 2012 requires that applicants for parents whose ordinary residence or principal place of business is outside Namibia should be represented by an agent. The agent is either a legal practitioner resident and practising in Namibia in accordance with the Legal Practitioners Act, 1995 (Act No. 15 of 1995) or a person registered by the Registrar as an agent.
Coverage Horizontal

NAMIBIA

Since January 2004

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Namibia is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

NAMIBIA

Since March 1996

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Copyright and Neighbouring Rights Protection Act, 1994
The Copyright Act follows a fair dealing regime for copyright with a fairly wide range of exceptions, which enable the lawful use of copyrighted work by others. Arts. 15-24 list the exceptions, which include research or private study by, or the personal or private use by, the person using the work; criticism or review of the work or of another work; reporting on a current event in a newspaper, magazine or similar periodical; or by means of broadcasting or in a cinematograph film; among others.
Coverage Horizontal

NAMIBIA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
Lack of ratification of the WIPO Copyright Treaty
Namibia has signed the World Intellectual Property Organization (WIPO) Copyright Treaty in December 1996, but has not ratified it.
Coverage Horizontal

NAMIBIA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of ratification of the WIPO Performances and Phonograms Treaty
Namibia has signed the World Intellectual Property Organization (WIPO) Copyright Treaty in December 1996, but has not ratified it.
Coverage Horizontal
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[{"post_id":"101958"},{"post_id":"101959"},{"post_id":"101960"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'NA')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'NA')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"1.00"}]

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

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