Database

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BOTSWANA

Since August 2019, entry into force in June 2020
Since May 2020

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Trade Act, 2019

Trade Regulations, 2020
Art. 17 of the Trade Act grants the Minister the authority to designate specific trades or businesses as exclusively reserved for citizens of Botswana or companies wholly owned by Botswana citizens. In line with Section 24 of the Trade Regulations, the businesses reserved for locals include, among others, cell phone shops and internet cafés. However, joint ventures between citizens and non-citizens may be approved by the Minister responsible for medium and large enterprises.
Coverage Cell phone shops and internet cafés

BOTSWANA

Since July 2007

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Nationality/residency requirement for directors or managers
Companies Act, 2007
Section 145 of the Companies Act provides that a public company shall have at least two directors, and a private company shall have at least one director who shall be ordinarily resident in Botswana.
Coverage Horizontal

BOTSWANA

Since September 2011, entry into force in February 2012

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Botswana Investment and Trade Centre Act
The Botswana Investment and Trade Centre (BITC) was established by the Botswana Investment and Trade Centre Act. Part V of the Act sets the functions, powers and duties of the Centre, which screens all proposed investments to ensure that they fall within the set priority investment sectors. An investment application is likely to succeed if it demonstrates some of the following:
- Number and quality/level of employment created;
- Potential for skills and technology transfer;
- Potential for export and import substitution;
- Potential to create backward and forward linkages;
- Innovation and creativity;
- Priority sector under the Economic Diversification Drive (EDD).
Coverage Horizontal
"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 = 'BW')\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":"97718"},{"post_id":"97719"},{"post_id":"97720"}]
"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 = 'BW')\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 = 'BW')\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"}]

BOTSWANA

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)
0.66%
Coverage rate of zero-tariffs on ICT goods (%)
73.87%
Coverage: ICT goods

BENIN

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Benin 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

BENIN

N/A

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Lack of self-declaration of conformity (SDoC)
It is reported that type approval procedures in Benin are regulated by the Autorité Régulation des Communications Electroniques et de la Poste (ARCEP). The homologation process in Benin does not require local laboratory testing or contact with local representatives. However, a product sample can be requested from the authority for viewing.
Coverage Horizontal

BENIN

N/A

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Benin does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties. However, an informal threshold of 100 USD is reportedly applied.
Coverage Horizontal

BENIN

Since October 2007
Since April 2018, last amended in December 2020

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Law No. 2007-21 of 16 October 2007 on Consumer Protection in the Republic of Benin (Loi No. 2007-21 du 16 octobre 2007 portant protection du consommateur en République du Bénin)

Law No. 2017-20 of 20 April 2018 on the Digital Code in the Republic of Benin (Loi No. 2017-20 du 20 avril 2018 portant code du numérique en République du Bénin)
Law No. 2007-21 on consumer protection in the Republic of Benin and Law No. 2017-20 on the Digital Code in the Republic of Benin provide a comprehensive consumer protection framework that applies to online transactions.
Coverage Horizontal

BENIN

Since November 2019, entry into force in June 2020

Pillar Online sales and transactions  |  Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
UN Convention on the Use of Electronic Communications in International Contracts
Benin has signed and ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

BENIN

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Benin 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

BENIN

Since April 2018, last amended in December 2020

Pillar Cross-border data policies  |  Indicator Conditional flow regime
Law No. 2017-20 of 20 April 2018 on the Digital Code in the Republic of Benin (Loi No. 2017-20 du 20 avril 2018 portant code du numérique en République du Bénin)
Art. 391 of Law No. 2017-20 requires that the transfer of personal data to a third State or international organisation may only take place when the Authority finds that the State or international organisation in question ensures a level of protection equivalent to that provided for in the law. Art. 392 provides some exceptions, including the express consent of the data subject and the necessity of the transfer for the execution of the contract.
Coverage Horizontal

BENIN

N/A

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

BENIN

Since May 2009
Since April 2018, last amended in December 2020

Pillar Domestic data policies  |  Indicator Framework for data protection
Law No. 2009-09 of 22 May 2009 Dealing with the Protection of Personally Identifiable Information (Loi No. 2009-09 du 22 mai 2009 portant protection des données à caractère personnel en République du Bénin)

Law No. 2017-20 of 20 April 2018 on the Digital Code in the Republic of Benin (Loi No. 2017-20 du 20 avril 2018 portant code du numérique en République du Bénin)
Law No. 2009-09 provides a general framework for personal data protection and establishes, among other things, individuals' rights, consent requirements, restrictions on data processing, as well as establishing the Beninese data protection authority as the supervisory authority. The law is supplemented by the more detailed Digital Code in 2018. The Fifth Book of the Digital Code is directly influenced by the EU's General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR). It regulates and clarifies several matters, such as joint controllership of data, conditions for consent, data breach notifications, processing for research and other purposes, and impact assessments.
Coverage Horizontal

BENIN

Since April 2018, last amended in December 2020

Pillar Domestic data policies  |  Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Law No. 2017-20 of 20 April 2018 on the Digital Code in the Republic of Benin (Loi No. 2017-20 du 20 avril 2018 portant code du numérique en République du Bénin)
Pursuant to Art. 428 of Law No. 2017-20, where a type of processing, in particular through the use of new technologies and taking into account the nature, scope, context and purposes of the processing, is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall carry out, prior to the processing, an analysis of the impact of the envisaged processing operations on the protection of personal data, that is a data protection impact assessment (DPIA).
Coverage Horizontal

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