Database

Browse Database

LESOTHO

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Lesotho has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

LESOTHO

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Lesotho has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

LESOTHO

Since August 1989

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Copyright law with clear exceptions
Copyright Order of 1989
Lesotho has a copyright regime under the Copyright Order of 1989. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Art 20 lists the exceptions, which include personal and teaching purposes; borrowing expressions of folklore for creating an original work of an author or authors inspired by folklore; among others.
Coverage Horizontal

LESOTHO

Since October 1995

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Lesotho is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

LESOTHO

Reported in 2015

Pillar Foreign Direct Investment in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Practice of screening of FDI
Although Lesotho does not have a formal screening mechanism, it is reported the government routinely screens foreign direct investment to check if it is consistent with the country's national interests. However, it is not clear if it applies to all sectors.
Coverage Horizontal

LESOTHO

N/A

Pillar Foreign Direct Investment in sectors relevant to digital trade  |  Sub-pillar Commercial presence requirement for digital services providers
Commercial presence requirement
It is reported that Lesotho procurement laws and policies require that entities have to first register as legal entities, apply for trading licenses, and register with the Lesotho Revenue Authority for tax purposes in order to apply for public procurement.
Coverage Horizontal

LESOTHO

Since September 2011

Pillar Foreign Direct Investment in sectors relevant to digital trade  |  Sub-pillar Nationality/residency requirement for directors or managers
Companies Act of 2011 Section 11(3f), Companies Regulations of 2012 Section 17(b)
Section 11(3f) of the Companies Act of 2011 requires companies to provide names and addresses of one or more persons resident in Lesotho with authority to act on behalf of the company, while Section of 17(b) of the Companies Regulations of 2012 explicitly makes it mandatory for the company to have a company secretary resident in Lesotho.
Coverage Horizontal

LESOTHO

Since August 2019

Pillar Foreign Direct Investment in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Business Licensing and Registration Act
According to Art. 4 of the Business Licensing and Registration Act 2019 (BLRA 2019), foreign investors are required to provide a capital of M2,000,000 (approx. 105,000 USD) or provide proof of investment of this amount during registration or renewal of their traders’ licenses or to have deposited USD 123,152 with a local institution.
Coverage Horizontal

LESOTHO

N/A

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Lesotho is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal

LESOTHO

N/A

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Commercial presence requirement
It is reported that Lesotho procurement laws and policies require that entities have to first register as legal entities, apply for trading licenses, and register with the Lesotho Revenue Authority for tax purposes in order to apply for public procurement.
Coverage Horizontal

LESOTHO

Since January 2007, last amended in March 2018

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Public Procurement Regulations 2007
Pursuant to Regulation 12 of the Public Procurement Regulations, in evaluating proposals, the procurement unit grants a margin of preference for nationals as follows:
- 15% to a local business with a majority shareholding of at least 51%;
- 10% to (a) a business owned between 30% and 50% by Lesotho nationals, (b) a tenderer bidding to supply goods of Lesotho origin, (c) a tenderer performing at least 50% of the contract in Lesotho and using and developing the capacity of Basotho staff, (d) a tenderer subcontracting at least 50% of the contract to one or more Basotho businesses, (e) a tenderer that has the largest use of locally produced goods, materials, and services, or (f) a tenderer employing the largest share of local labor;
- 5% to a business owned between 10% and 30% by Lesotho nationals.
Coverage Horizontal

LESOTHO

N/A

Pillar Tariffs and trade defence measures applied on ICT goods  |  Sub-pillar 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)
Lesotho is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
"SELECT DISTINCT(post_id) 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 = 'LS')\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') 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 = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"52956"},{"post_id":"52957"},{"post_id":"52958"}]
"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 = 'LS')\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 = 'LS')\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"}]

LESOTHO

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on ICT goods  |  Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
1.43%
Coverage rate of zero-tariffs on ICT goods (%)
73.03%
Coverage: Digital goods

KENYA

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Kenya 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

KENYA

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Kenya 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

Report issue     Report new measure