MOZAMBIQUE
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Mozambique has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
MOZAMBIQUE
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Mozambique has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
MOZAMBIQUE
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
There is no comprehensive regulatory framework for trade secrets in Mozambique, but the Industrial Property Code covers general principles applicable to trade secrets. Art. 213.3 considers it an offence of unlawful competition to remove, disclose or use confidential data or information relating to the production or use of certain products or processes or relating to the provision of services of a competitor without their consent and in a manner which is contrary to honest commercial practices, provided that such information is secret, in the sense that it is not known or easily accessible to persons in circles that usually deal with the kind of information in question, either as a whole or in the specific configuration and assembly of its components; has a commercial value because it is secret; has been subject to reasonable precautions, taken by the person lawfully in control of the information, under the circumstances, to keep it secret.
Coverage Horizontal
MOZAMBIQUE
N/A
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in Mozambique to deliver telecom services to end users. It is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
MOZAMBIQUE
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)
5.34%
Coverage rate of zero-tariffs on ICT goods (%)
13.78%
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.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
MOZAMBIQUE
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)
Mozambique 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.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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MAURITIUS
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Mauritius 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
MAURITIUS
Since 2000
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Mauritius 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
MAURITIUS
Since December 2001, last amended in 2021
Since September 2019, entry into force in October 2019
Since September 2019
Since September 2019, entry into force in October 2019
Since September 2019
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Act 44/2001, Information and Communication Technologies Act 2001
Information and Communication Technologies (Clearance to Import ICT Equipment) Regulations 2019
Clearance to Import ICT Equipment Guidelines
Information and Communication Technologies (Clearance to Import ICT Equipment) Regulations 2019
Clearance to Import ICT Equipment Guidelines
Pursuant to Section 17.3 of the Information and Communication Technologies Act 2001 and the Information and Communication Technologies (Clearance to Import ICT Equipment) Regulations 2019, the ICT Authority issued the Clearance to Import ICT Equipment Guidelines, which govern the import of ICT Equipment in Mauritius. Section 4.2.1 of the Guidelines states that companies or individuals importing certain ICT equipment for commercial purposes are required to ensure that they hold a valid Dealer’s license issued by the ICT Authority. ICT equipment belonging to "List B", "List C", and "List G" require a license. These include IoT network equipment, satellite equipment, mobile phones, wireless telecom equipment, PCs, tablets, and terminal equipment.
Coverage ICT equipment
Sources
- https://web.archive.org/web/20230514184457/https://www.icta.mu/documents/2022/09/ict_act.pdf
- https://web.archive.org/web/20230802074914/https://www.icta.mu/documents/2021/08/Clearance_Regulations2019.pdf
- https://web.archive.org/web/20211206014223/https://www.icta.mu/documents/2021/11/Guidelines_clearance.pdf
- https://web.archive.org/web/20230802084416/https://www.icta.mu/categories/
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MAURITIUS
Since December 2001, last amended in 2021
Since October 2021
Since October 2021
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Act 44/2001, Information and Communication Technologies Act 2001
Guidelines for the Importation and Commercialisation of Refurbished Consumer Grade ICT Equipment
Guidelines for the Importation and Commercialisation of Refurbished Consumer Grade ICT Equipment
The Guidelines for the Importation and Commercialisation of Refurbished Consumer Grade ICT Equipment are established pursuant to Section 17(3) of the Information and Communication Technologies Act 2001. These Guidelines establish a license requirement to import and sell refurbished ICT equipment. The scope of the Guidelines covers only consumer-grade ICT equipment, that is, ICT Equipment designed, manufactured, marketed and sold for consumers for their personal use.
Coverage Refurbished ICT equipment
MAURITIUS
Since December 2001, last amended in 2021
Since September 2019, entry into force in October 2019
Since September 2019
Since September 2019, entry into force in October 2019
Since September 2019
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Act 44/2001, Information and Communication Technologies Act 2001
Information and Communication Technologies (Clearance to Import ICT Equipment) Regulations 2019
Clearance to Import ICT Equipment Guidelines
Information and Communication Technologies (Clearance to Import ICT Equipment) Regulations 2019
Clearance to Import ICT Equipment Guidelines
Pursuant to Section 17.3 of the Information and Communication Technologies Act 2001 and the Information and Communication Technologies (Clearance to Import ICT Equipment) Regulations 2019, the ICT Authority issued the Clearance to Import ICT Equipment Guidelines, which govern the import of ICT Equipment in Mauritius. ICT equipment belonging to "List B" is subject to a type approval certificate. These include IoT network equipment, satellite equipment, and other telecom equipment.
When applying for type approval, the dealer must specify the type of equipment, make and model of equipment, and operating frequency, and must upload the technical brochure of the equipment and relevant documents certifying that the equipment complies with such standards determined by the Authority, including manufacturer’s Declaration of Conformity, EU-type examination certificate and its annexes as delivered by the Notified Body (an entity designated by the competent authorities of the Member States of the European Union to perform assessment tasks described in the Radio Equipment Directive) involved, and test reports issued by accredited laboratories. The type approval application may then be submitted to the ICT Authority for appropriate onward determination.
When applying for type approval, the dealer must specify the type of equipment, make and model of equipment, and operating frequency, and must upload the technical brochure of the equipment and relevant documents certifying that the equipment complies with such standards determined by the Authority, including manufacturer’s Declaration of Conformity, EU-type examination certificate and its annexes as delivered by the Notified Body (an entity designated by the competent authorities of the Member States of the European Union to perform assessment tasks described in the Radio Equipment Directive) involved, and test reports issued by accredited laboratories. The type approval application may then be submitted to the ICT Authority for appropriate onward determination.
Coverage ICT equipment
Sources
- https://web.archive.org/web/20230514184457/https://www.icta.mu/documents/2022/09/ict_act.pdf
- https://web.archive.org/web/20240714094302/https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/G/IT/W17R28.pdf&Open=True
- https://web.archive.org/web/20211208093255/https://www.icta.mu/documents/2021/08/Clearance_Regulations2019.pdf
- https://web.archive.org/web/20211206014223/https://www.icta.mu/documents/2021/11/Guidelines_clearance.pdf
- https://web.archive.org/web/20231209093444/https://www.icta.mu/categories/
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MAURITIUS
Reported in 2022, last reported in 2024
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is MUR 1000 (approx. USD 20), below the 200 USD threshold recommended by the International Chamber of Commerce (ICC). However, this only applies to personal shipments.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231220024306/https://global-express.org/index.php?id=271&act=101&profile_id=-1&countries%5B%5D=-2&search_terms=&question-filter=&qid_34=1&qid_34_optid=1&qid_35=1&qid_36=1...
- https://web.archive.org/web/20230227012953/https://global-express.org/assets/files/GEA%20De%20Minimis%20Country%20information_4%20November%202021.pdf
MAURITIUS
Since June 1991
Since December 2001, last amended in 2021
Since August 2001
Since December 2001, last amended in 2021
Since August 2001
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Consumer Protection Act 1991
Act 44/2001, Information and Communication Technologies Act 2001
Act 23/2000, Electronic Transactions Act
Act 44/2001, Information and Communication Technologies Act 2001
Act 23/2000, Electronic Transactions Act
The Consumer Protection Act 1991 provides a comprehensive consumer protection framework that applies to online transactions. In addition, Section 18 of the Information and Communication Technologies Act provides that the Authority can entertain complaints from consumers in relation to any information and communication service in Mauritius and, where necessary, refer them to the appropriate authorities. Moreover, the Electronic Transactions Act includes a number of provisions aimed at protecting consumers who enter into electronic contracts (Part IV).
Coverage Horizontal
Sources
- https://web.archive.org/web/20230928012512/https://www.wto.org/english/res_e/booksp_e/07_adtera_chapter_03_e.pdf
- https://web.archive.org/web/20220320200929/https://www.mcci.org/media/165410/the-consumer-protection-act-1991-updated.pdf
- https://web.archive.org/web/20230514184457/https://www.icta.mu/documents/2022/09/ict_act.pdf
- https://web.archive.org/web/20231201031615/https://www.icta.mu/documents/2021/08/eta.pdf
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MAURITIUS
N/A
Pillar Online sales and transactions |
Indicator Ratification of the 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
Mauritius has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
