JAMAICA
Since April 1997
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Jamaica has appended the World Trade organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
JAMAICA
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Office of Utilities Regulation, the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
JAMAICA
Since February 2022
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Jamaica is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
JAMAICA
Since September 1993, last amended in December 2023
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
The Copyright Act, 1993
Jamaica has a clear regime of copyright exceptions that follows the fair dealing model, which enables the lawful use of copyrighted work by others without obtaining permission. Art. 52 of the Copyright Act provides that the fair dealing of literary, dramatic, musical or artistic works for the purposes of research or private study does not infringe copyright in the work or, in the case of a published edition, in the typographical arrangement.
Coverage Horizontal
JAMAICA
Since June 2002
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Jamaica has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
JAMAICA
Since June 2002
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Jamaica has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
JAMAICA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of comprehensive regime on trade secrets
Jamaica does not have a comprehensive framework for protecting trade secrets, but common law principles and contractual arrangements reportedly do so.
Coverage Horizontal
Sources
JAMAICA
Since March 2000, as amended in May 2012
Since December 2022
Since December 2022
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
The Telecommunications Act, 2000
Telecommunications (Infrastructure Sharing) Rules, 2022
Telecommunications (Infrastructure Sharing) Rules, 2022
Section 29A of the Telecommunications Act empowers the Office of Utilities Regulation (OUR) to impose a passive infrastructure-sharing obligation on a licensee where it deems it justified. In the exercise of the OUR's authority as conferred by Section 29A of the Act, the Infrastructure Sharing Rules were enacted. Rule 4 stipulates that a licensee shall share its infrastructure with another licensee if the licensee is classified as a dominant public communications carrier or if the infrastructure is funded, in whole or in part, by government funding.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20241111181743/https://laws.moj.gov.jm/library/statute/the-telecommunications-act/download
- https://web.archive.org/web/20240716033320/https://our.org.jm/wp-content/uploads/2023/09/Telecommunications-Infrastructure-Sharing-Rules.pdf
- https://web.archive.org/web/20220320113813/https://www.sma.gov.jm/wp-content/uploads/2018/06/TheTelecommunicationsAmendmentAct2012.pdf
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JAMAICA
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)
6.78%
Coverage rate of zero-tariffs on ICT goods (%)
54.07%
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://web.archive.org/web/20250309150926/https://www.kommerskollegium.se/globalassets/publikationer/rapporter/2024/advancing-the-green-transition.pdf
JAMAICA
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)
Jamaica 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://web.archive.org/web/20250309150926/https://www.kommerskollegium.se/globalassets/publikationer/rapporter/2024/advancing-the-green-transition.pdf
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JAMAICA
Since October 2015, as amended in March 2025
Since May 2025
Since May 2025
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Public Procurement Act, 2015
Public Procurement (Competition Thresholds) Order, 2025
Public Procurement (Competition Thresholds) Order, 2025
Under the amended Section 22B(1) and 22B(3) of the Public Procurement Act, the “relevant competition threshold” determines the level of competition required for public procurement methods, and the Minister of Finance and the Public Service may, by order, prescribe the value limits for these thresholds. The Public Procurement (Competition Thresholds) Order, 2025, which revises the thresholds established under the Public Procurement Regulations 2018, provides in Schedule II that international competitive bidding must be used for the procurement of goods and services where the estimated contract value exceeds JMD 90 million (approx. USD 580,000). Therefore, below this threshold, the competition is limited to national bidders.
Coverage Horizontal
Sources
- https://web.archive.org/web/20260216175156/https://procureja.gov.jm/wp-content/uploads/2022/10/Public-Procurement-Act-2015-1.pdf
- https://web.archive.org/web/20250720093817/https://procureja.gov.jm/wp-content/uploads/2025/04/The-Public-Procurement-Amendment-Act-2025.pdf
- https://web.archive.org/web/20250720093728/https://procureja.gov.jm/wp-content/uploads/2025/06/THE-PUBLIC-PROCUREMENT-COMPETITION-THRESHOLDS-ORDER-2025.pdf
- https://e-gpa.wto.org/en/Thresholds
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JAMAICA
Since July 2018, last amended in July 2025
Since September 2019
Since September 2019
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Public Procurement Regulations, 2018
Public Procurement (Domestic Margin of Preference) Order, 2019
Public Procurement (Domestic Margin of Preference) Order, 2019
According to Section 43 of the Public Procurement Regulations 2018, procuring entities must apply a domestic margin of preference in open bidding conducted through international competitive bidding. This preference is extended to eligible Jamaican bidders as outlined under Section 44 of the Regulations, as well as any administrative guidelines issued by the Office. The domestic margin of preference aims to give Jamaican bidders a competitive advantage in international public procurement processes.
According to Sections 2 and 3 of the Public Procurement (Domestic Margin of Preference) Order, 2019, national bidders incorporating at least 35% domestic content in the supply of goods, execution of works, or provision of services are eligible for a domestic margin of preference up to 20%.
According to Sections 2 and 3 of the Public Procurement (Domestic Margin of Preference) Order, 2019, national bidders incorporating at least 35% domestic content in the supply of goods, execution of works, or provision of services are eligible for a domestic margin of preference up to 20%.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240710133834/https://procureja.gov.jm/wp-content/uploads/2022/10/The-Public-Procurement-Regulations-2018.pdf
- https://web.archive.org/web/20240710133107/https://procureja.gov.jm/wp-content/uploads/2022/10/The-Public-Procurement-Domestic-Margin-of-Preference-Order-2019.pdf
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S457R1.pdf&Open=True
- https://web.archive.org/web/20250720093029/https://procureja.gov.jm/goj-procurement-law-and-policy/
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JAMAICA
Reported in 2015, last reported in 2025
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Complaints about public procurement
Concerns about corruption are particularly pronounced in Jamaica’s public procurement processes. Reported vulnerabilities include limited scrutiny of contract-award procedures and transparency gaps, and the Integrity Commission has issued investigation reports identifying procurement irregularities and conflicts of interest in the award of public contracts. Procurement delays have also been highlighted as a practical constraint on implementation capacity.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250724113228/https://jamaica-gleaner.com/article/lead-stories/20250629/blind-spot
- https://web.archive.org/web/20260216175313/https://integrity.gov.jm/sites/default/files/Investigation%20Report%20-%20Market%20Me%20Consulting%20Limited.pdf
- https://web.archive.org/web/20220825221334/https://www.jamaicaobserver.com/latest-news/govt-to-review-public-procurement-system/
- Sources:
- https://2009-2017.state.gov/e/eb/rls/othr/ics/2015/241607.htm?safe=1
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JAMAICA
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)
Jamaica is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
JAMAICA
Since October 2004, last amended in 2017
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
The Companies Act
Under the Companies Act, all private entities, domestic and foreign, have the right to establish and own business enterprises. Jamaica imposes no limits on foreign ownership or control, and local laws do not distinguish between local and foreign investors.
Coverage Horizontal
Sources
- https://web.archive.org/web/20221225220907/https://www.orcjamaica.com/uploads/Companies%20Act%202004%20_with%202013%20and%202017%20Amendments%20and%20SIPP%20and%20Insolvency%20Amendments_.pdf
- https://www.wto.org/english/tratop_e/tpr_e/s457_e.pdf
- https://web.archive.org/web/20260201191949/https://www.state.gov/reports/2025-investment-climate-statements/jamaica
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