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ZIMBABWE

Since March 2000
Since March 2001, last amended in June 2023

Pillar Telecom infrastructure & competition  |  Sub-pillar Licensing restrictions to operate in the telecom market
Postal and Telecommunications Act, [Chapter 12:05]

Postal and Telecommunications (Licensing, Registration and Certification) Regulations, 2001
The Postal and Telecommunications Regulatory Authority, according to Section 36 of the Postal and Telecommunications Act, only issues telecommunications licenses to legal entities in which Zimbabwean citizens hold a "controlling interest", directly or indirectly. However, a license may be issued to a legal entity without such a majority shareholding, provided that within a time period set out in the license, one or more such persons acquire a majority shareholding. A "controlling interest" means that any of the following conditions are met: holding a majority of the shares of the entity; the shares represent more than 50% of the share capital of the entity; the shares are worth more than half of the share capital of the entity; or the shares give their holders a majority or a preponderance of votes in the affairs of the entity.
In addition, the Postal and Telecommunications (Licensing, Registration and Certification) Regulations mandate that Public Licensees with foreign shareholding pay initial license fees in USD proportionate to the foreign shareholding percentage (Subitem 12 in second schedule-Part I). This is in contrast to the fixed scheduled initial fees payable by public licensees without foreign shareholding. By implication, the higher the shareholding proportion by foreigners, the higher the initial fees. Furthermore, the Regulations establish two categories for internet service providers in Zimbabwe. Class A is permitted to offer services like international bandwidth sales, VOIP, and video, while Class B is responsible for nationwide Internet provision. Applicants for Class A licenses are required to pay a registration fee of USD 5.5 million, as increased under the 2020 amendment of the Regulations, while the fee for Class B licenses is set at USD 2.75 million. Licenses for cell phone services involve significantly higher costs, with an establishment fee of USD 137.5 million.
Coverage Telecommunications sector

ZIMBABWE

Since January 2018, last amended in 2020

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Public Procurement and Disposal of Public Assets (General) Regulations of 2018
The Public Procurement and Disposal of Public Assets (General) Regulations 2018 (Section 8.2) provides for a margin of preference of up to 15% of the procurement goods and 7.5% of service contracts to domestic suppliers or manufacturers. Within these prescribed limits, preference may be given to bidders that are domestic suppliers or manufacturers, and an extra preference, within the prescribed limits, may be given to women or entities controlled predominantly by women or to Zimbabwean universities or polytechnics.
Coverage Horizontal

ZIMBABWE

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Signature of the World Trade Organization (WTO) Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Zimbabwe has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

ZIMBABWE

N/A

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Signatory of the World Trade Organization (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)
Zimbabwe is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal

ZIMBABWE

Since February 2002, as amended in September 2003

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Broadcasting Services Act
According to Art. 7.1 of the Broadcasting Services Act, no person shall provide a broadcasting service or operate as a signal carrier in Zimbabwe except in accordance with a broadcasting licence or a signal carrier licence. A broadcasting licence shall authorise the licensee to provide several classes of broadcasting services, including narrowcasting, datacasting, and webcasting (Art. 7.2). However, pursuant to Art. 8.1, a broadcasting licence shall be issued only to individuals who are citizens of Zimbabwe or to a corporate body in which a controlling interest is held, whether through any individual, company association or otherwise, by one or more individuals who are citizens of Zimbabwe.
Coverage Broadcasting sector

ZIMBABWE

Since March 2000

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Postal and Telecommunications Act, [Chapter 12:05]
According to Section 36 of the Postal and Telecommunications Act, the Postal and Telecommunications Regulatory Authority issues telecommunications licenses only to legal entities in which Zimbabwean citizens hold a "controlling interest", directly or indirectly. However, a license may be issued to a legal entity without such a majority shareholding, provided that within a period set out in the license, one or more such persons acquire a majority shareholding. As established in the same article, a "controlling interest" in a legal entity means that any of the following conditions are met: holding a majority of the shares of the entity; the shares represent more than 50% of the share capital of the entity; the shares are worth more than 50% of the share capital of the entity; or the shares give their holders a majority or a preponderance of votes in the affairs of the entity.
Coverage Telecommunications sector

ZIMBABWE

Since February 2020

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Zimbabwe Investment and Development Agency Act [Chapter 14:37] No. 10/2019
Zimbabwe screens FDI through the Zimbabwe Investment and Development Agency (ZIDA) in liaison with relevant line ministries to confirm compliance with the country’s laws. Section 3 of Act No. 10/2019 establishes the ZIDA as a legal person. The government created the ZIDA to oversee the licensing and implementation of investment projects in the country. Part V of Act No. 10/2019 provides investors with the ability to obtain investment licences. ZIDA has established a one-stop investment services centre (OSISC, section 5 of the Act), which houses several agencies that play a role in the licensing, establishment, and implementation of investment projects.
Coverage Horizontal

ZIMBABWE

Since June 1997

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

ZIMBABWE

Since September 2004

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Copyright law with clear exceptions
Copyright and Neighbouring Rights Act of 2004
Zimbabwe 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. Part III of the Copyright and Neighbouring Rights Act lists the exceptions, which include the use with purposes of research or private study, educational use of copyright material, criticism, review, or news reporting, among others.
Coverage Horizontal
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ITA: [{"meta_value":"1.00"}]

ZIMBABWE

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.06%
Coverage rate of zero-tariffs on ICT goods (%)
31.49%
Coverage: Digital goods

ZIMBABWE

N/A

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Participation in the World Trade Organization (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)
Zimbabwe is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods

ZAMBIA

Since February 2019

Pillar Online sales and transactions  |  Sub-pillar Local presence requirements for digital services providers
The Companies (General) Regulations, 2019 - Statutory Instrument No. 14 of 2019
According to Regulation 4.j of the Companies (General) Regulation, a prerequisite for the registration of a foreign company in Zambia is the appointment of at least one documentary agent. This agent can be either a firm or corporate body registered in Zambia or an individual who resides in Zambia.
Coverage Horizontal

ZAMBIA

Since August 2010

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Competition and Consumer Protection Act of 2010
The Competition and Consumer Protection Act of 2010 provides a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal

ZAMBIA

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Zambia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

ZAMBIA

Since 2009

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Zambia has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

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