TRINIDAD AND TOBAGO
Since July 2001, as amended in July 2004
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Telecommunications Act 2001
The Telecommunications Authority of Trinidad and Tobago (TATT), established in July 2004 through an amendment to the Telecommunications Act, 2001, serves as the national authority responsible for the supervision and administration of telecommunications services. It is reported that the Authority operates independently of the government in its decision-making.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20220120235258/https://rgd.legalaffairs.gov.tt/laws2/alphabetical_list/lawspdfs/47.31.pdf
- https://web.archive.org/web/20230720015539/https://publications.iadb.org/publications/english/document/Digital-Infrastructure-in-Trinidad-and-Tobago-Analysis-Challenges-and-Action-Plan.pdf
- https://app.gen5.digital/tracker/country-cards/Trinidad%20and%20Tobago
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TRINIDAD AND TOBAGO
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 across borders
Trinidad and Tobago has not taken any binding commitments on open transfers of cross-border data flow. The only agreement in place regarding data flows across borders is the 2008 "Economic Partnership Agreement (EPA) between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part", a free trade and development agreement between the EU and the CARIFORUM states, including Trinidad and Tobago. Pursuant to the Art. 107, the Parties agree to permit a financial service supplier of the other party to transfer information in and out of their territory if the processing of data is required for the ordinary course of business. Moreover, in Art. 199, the Parties agree that the legal and regulatory regimes and administrative capacity to be established shall, at a minimum, include the content principle of restrictions on onward transfers, which means that data can only be transferred when the recipient is also subject to rules affording an adequate level of protection.
Coverage Horizontal
Sources
- https://web.archive.org/web/20241213123802/https://www.unilu.ch/fileadmin/fakultaeten/rf/burri/TAPED/TAPED_Burri_Vasquez_Kugler_November_2024.xlsx
- https://web.archive.org/web/20240715132651/https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02008A1030%2801%29-20171117
- https://web.archive.org/web/20241121171101/https://www.fao.org/faolex/results/details/en/c/LEX-FAOC173849/
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TRINIDAD AND TOBAGO
Since June 2011, with partial entry into force in January 2012 and August 2021
Pillar Domestic data policies |
Indicator Framework for data protection
Data Protection Act
Trinidad and Tobago does not currently have a comprehensive data protection framework. Although the Data Protection Act governs the area, only limited provisions have been proclaimed, rendering the regime partial and underdeveloped. The sections in force include Part I (preliminary provisions), Part II (establishing the Office of the Information Commissioner, which reportedly remains non-operational), and Part III, limited to Section 42(a) and (b) on disclosure by public bodies. Crucially, the substantive provisions on the protection of personal data by public bodies, the private sector (Part IV), and the enforcement and contravention mechanisms (Part V) have not yet been implemented, leaving significant gaps in regulatory coverage and enforcement.
Coverage Horizontal
TRINIDAD AND TOBAGO
Since December 1996, last amended in September 2024
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Patents Act
According to the Patents Act of Trinidad and Tobago, patent applicants whose ordinary residence or principal place of business is outside the country must meet specific representation and address requirements. Under Art. 18 (d), every patent application must include an address within Trinidad and Tobago for service. Furthermore, Art. 79.2 stipulates that applicants residing or conducting business outside Trinidad and Tobago must be represented by an attorney-at-law who is resident and practising within the jurisdiction.
Coverage Horizontal
Sources
- https://www.wipo.int/wipolex/en/legislation/details/23118
- https://web.archive.org/web/20250419050812/https://ipo.gov.tt/downloads/Patents/Patent_Application_Manual.pdf
- https://web.archive.org/web/20251107011228/https://pctlegal.wipo.int/eGuide/view-doc.xhtml?doc-code=TT&doc-lang=EN
- https://web.archive.org/web/20260216143225/https://laws.gov.tt/ttdll-web/revision/list?currentid=1150&offset=330&q=
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TRINIDAD AND TOBAGO
Since March 1994
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Trinidad and Tobago is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
TRINIDAD AND TOBAGO
Since October 1997, last amended in June 2020
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Copyright Act
Trinidad and Tobago has a clear regime of copyright exceptions that follows the fair dealing model, enabling lawful use of copyrighted works by others without permission. According to Arts. 10 and 11 of the Copyright Act, protection is granted to works by virtue of their creation, regardless of their mode or form of expression, as well as their content, quality, or purpose. The law sets out several exceptions under which copyrighted works may be used without the author’s consent or the payment of compensation, including:
(i) private reproduction for personal purposes (Art. 9);
(ii) reproduction for teaching (Art. 11);
(iii) reproduction by libraries and archives (Art. 12);
(iv) reproduction, broadcasting, and other communication to the public for informational purposes (Art. 13); and
(v) reproduction and adaptation of computer programs (Art. 14).
(i) private reproduction for personal purposes (Art. 9);
(ii) reproduction for teaching (Art. 11);
(iii) reproduction by libraries and archives (Art. 12);
(iv) reproduction, broadcasting, and other communication to the public for informational purposes (Art. 13); and
(v) reproduction and adaptation of computer programs (Art. 14).
Coverage Horizontal
TRINIDAD AND TOBAGO
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)
3.78%
Coverage rate of zero-tariffs on ICT goods (%)
60.52%
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.kommerskollegium.se/globalassets/publikationer/rapporter/2024/advancing-the-green-transition.pdf
TRINIDAD AND TOBAGO
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)
Trinidad and Tobago 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.kommerskollegium.se/globalassets/publikationer/rapporter/2024/advancing-the-green-transition.pdf
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TRINIDAD AND TOBAGO
Since January 2015, last amended in July 2023
Since February 2022
Since July 2021
Since February 2022
Since July 2021
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Public Procurement and Disposal of Public Property Act, 2015
Public Procurement and Disposal of Public Property (Participation in Procurement) Regulations, 2021
Public Procurement and Disposal of Public Property (Procurement Methods and Procedures) Regulations, 2021
Public Procurement and Disposal of Public Property (Participation in Procurement) Regulations, 2021
Public Procurement and Disposal of Public Property (Procurement Methods and Procedures) Regulations, 2021
Art. 28 of the Public Procurement and Disposal of Public Property Act provides that a procuring entity may restrict participation in procurement proceedings to promote local industry development and enhance local content. When a procuring entity decides to limit participation to certain suppliers or contractors, such restrictions must be clearly stated and justified within the procurement documentation. However, the Act does not specify the criteria or conditions under which foreign companies may be excluded for the purpose of supporting local industry. This is confirmed in Art. 4.3 of the Public Procurement and Disposal of Public Property (Participation in Procurement) Regulations, 2021.
Moreover, Art. 7.3 of the Public Procurement and Disposal of Public Property (Procurement Methods and Procedures) Regulation 2021 specifies that an invitation may normally be advertised regionally or internationally only when (i) the required goods, works, or services are not available from qualified, competent and experienced providers in Trinidad and Tobago at competitive prices; or (ii) it may be necessary to fulfil the terms and conditions of a regional or international treaty or agreement. Further information about the criteria for advertising can be found in the General Guidelines on Procurement Methods and Procedures.
Moreover, Art. 7.3 of the Public Procurement and Disposal of Public Property (Procurement Methods and Procedures) Regulation 2021 specifies that an invitation may normally be advertised regionally or internationally only when (i) the required goods, works, or services are not available from qualified, competent and experienced providers in Trinidad and Tobago at competitive prices; or (ii) it may be necessary to fulfil the terms and conditions of a regional or international treaty or agreement. Further information about the criteria for advertising can be found in the General Guidelines on Procurement Methods and Procedures.
Coverage Horizontal
Sources
- https://web.archive.org/web/20211003024908/https://www.finance.gov.tt/wp-content/uploads/2019/07/The-Public-Procurement-and-Disposal-of-Public-Property-Act-2015.pdf
- https://web.archive.org/web/20240627043425/https://www.finance.gov.tt/wp-content/uploads/2021/07/The-Public-Procurement-and-Disposal-of-Public-Property-Participation-in-Procurement-Regulations-2021.pd...
- https://web.archive.org/web/20210804205327/https://www.finance.gov.tt/wp-content/uploads/2021/07/The-Public-Procurement-and-Disposal-of-Public-Property-Procurement-Methods-and-Procedures-Regulations-2...
- https://web.archive.org/web/20240625102224/https://oprtt.org/wp-content/uploads/2023/08/Procurement-Methods-and-Procedures.pdf
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TRINIDAD AND TOBAGO
Since February 2022
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Public Procurement and Disposal of Public Property (Participation in Procurement) Regulations, 2021
According to Art. 3 of the Public Procurement and Disposal of Public Property (Participation in Procurement) Regulations, 2021, a supplier or contractor participating in an international competitive bid may benefit from domestic preference mechanisms specified in the bidding documents where the procurement involves:
(a) the supply of goods manufactured exclusively in Trinidad and Tobago; or
(b) the supply of goods partially manufactured or assembled in Trinidad and Tobago, provided that the supplier or contractor demonstrates, to the satisfaction of the procuring entity, that the proportion of domestic value added represents at least 35% of the ex-works price of the goods offered.
As stipulated in Art. 4.2 of the same Regulations, the percentage of domestic price preference permitted in a bidding document is set at 10%, subject to quarterly review by the procuring entity.
Furthermore, when determining the domestic value added, the procuring entity shall take into account the value of domestic labour, raw materials, locally produced components, and any manufacturing or assembly conducted within the country. The nationality of a supplier or contractor shall not be used as a condition for eligibility.
(a) the supply of goods manufactured exclusively in Trinidad and Tobago; or
(b) the supply of goods partially manufactured or assembled in Trinidad and Tobago, provided that the supplier or contractor demonstrates, to the satisfaction of the procuring entity, that the proportion of domestic value added represents at least 35% of the ex-works price of the goods offered.
As stipulated in Art. 4.2 of the same Regulations, the percentage of domestic price preference permitted in a bidding document is set at 10%, subject to quarterly review by the procuring entity.
Furthermore, when determining the domestic value added, the procuring entity shall take into account the value of domestic labour, raw materials, locally produced components, and any manufacturing or assembly conducted within the country. The nationality of a supplier or contractor shall not be used as a condition for eligibility.
Coverage Horizontal
TRINIDAD AND TOBAGO
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)
Trinidad and Tobago is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
TRINIDAD AND TOBAGO
Since February 1990, entry into force in August 1990, last amended in 2007
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Foreign Investment Act, 1990
The Foreign Investment Act of 1990 requires potential investors to provide certain information to the Minister of Finance and the Secretary of the Company, including name, address, identity of other countries where they have investments, purpose, and residence status. Nonetheless, there is no restriction on foreign ownership in place. The Act repealed the Aliens (Landholding) Act, Chap. 58:02, No. 36 of 1921.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240716123234/http://laws.gov.tt/ttdll-web/revision/list?offset=0&q=foreign¤tid=768#showact
- https://web.archive.org/web/20230923215346/https://investmentpolicy.unctad.org/investment-laws/laws/46/trinidad-and-tobago-foreign-investment-act
- https://web.archive.org/web/20251009083638/https://www.state.gov/reports/2025-investment-climate-statements/trinidad-and-tobago/#report-toc__section-1
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TRINIDAD AND TOBAGO
Since February 1990, entry into force in August 1990, last amended in 2007
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Foreign Investment Act, 1990
Under Arts. 4 and 5 of the Foreign Investment Act, 1990 of Trinidad and Tobago, any foreign investor intending to acquire shares in a local public company must, prior to doing so, submit detailed information to both the Minister of Finance and the Secretary of the company, as specified in the First Schedule. This information includes personal or corporate identification details, the purpose of the investment, disclosure of other jurisdictions where the investor holds investments, residency status under the Exchange Control Act, and comprehensive information regarding the consideration and financial transactions related to the investment.
Furthermore, pursuant to Art. 5 of the Act, a foreign investor must obtain a licence before acquiring shares in a local public company if such acquisition—whether direct or indirect—would result in foreign investors collectively holding 30% or more of the company’s total shareholding. In addition, under the Second Schedule, every local public company is required to record in its Share Register whether each shareholder qualifies as a foreign investor.
Furthermore, pursuant to Art. 5 of the Act, a foreign investor must obtain a licence before acquiring shares in a local public company if such acquisition—whether direct or indirect—would result in foreign investors collectively holding 30% or more of the company’s total shareholding. In addition, under the Second Schedule, every local public company is required to record in its Share Register whether each shareholder qualifies as a foreign investor.
Coverage Public companies
Sources
- https://web.archive.org/web/20230923215346/https://investmentpolicy.unctad.org/investment-laws/laws/46/trinidad-and-tobago-foreign-investment-act
- https://web.archive.org/web/20231002051430/https://www.finance.gov.tt/wp-content/uploads/2014/05/129.pdf
- https://web.archive.org/web/20250426014959/https://www.state.gov/reports/2024-investment-climate-statements/trinidad-and-tobago/
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SURINAME
N/A
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Suriname does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal
SURINAME
Since October 2009
Pillar Online sales and transactions |
Indicator Restrictions on domain names
Terms and Conditions .SR-Domain Names 2009 (Deze Algemene Voorwaarden .SR-domeinnamen ziin 2009)
According to the Art. 3.3 of the Terms and Conditions ".SR" domain names of 2009, domain name applicants who do not reside or are not domiciled in Suriname shall designate an address in Suriname where written documents can be delivered to the domain name applicant and summons, if any, can be issued.
Coverage Horizontal
