GUYANA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Guyana has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
GUYANA
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
Guyana has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
GUYANA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Guyana lacks a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to trade secrets in the Competition and Fair Trading Act of 2006 and the Access to Information Act of 2011.
Coverage Horizontal
Sources
- https://mola.gov.gy/sites/default/files/Cap%2090%2007%20-%20Competition%20and%20Fair%20Trading_0.pdf
- https://web.archive.org/web/20220808202817/https://www.oas.org/es/sla/ddi/docs/acceso_informacion_base_dc_leyes_pais_GY_2.pdf
- https://web.archive.org/web/20231110080013/https://www.wto.org/english/tratop_e/tpr_e/s422_e.pdf
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GUYANA
Since December 2016
Since October 2020
Since October 2020
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Telecommunications Act of 2016
Telecommunications (Interconnection and Access) Regulations 2020
Telecommunications (Interconnection and Access) Regulations 2020
There is an obligation for passive infrastructure sharing in Guyana to deliver telecom services to end users. Moreover, passive infrastructure sharing is practised both in the mobile and fixed sectors based on commercial agreements. Pursuant to Section 42 of the Telecommunications Act of 2016, when, in connection with the installation, operation or maintenance of its telecommunications networks, an operator requests access to any road, conduit, pole, cable, work or other facility of a public utility, or a public utility requests access to any facility of an operator, such request shall be governed by the provisions of this section and the regulations.
Pursuant to Art. 8 of the Telecommunications (Interconnection and Access) Regulations 2020, every operator, service provider, and public utility shall (i) in a timely manner and upon the written request of an accessing operator, service provider or public utility, provide access on an unbundled and unbundled basis to any facility or public utility it owns or controls, including the ability to physically access such facility or public utility and to install, operate, maintain and repair any equipment or other element of a facility or public utility; (ii) negotiate any access agreement in good faith and in accordance with these regulations. In addition, according to Art. 8.2, each operator and service provider shall provide access to its roads, ducts, conduits, poles, towers, cables and other elements of its facilities or public service facilities, as the case may be, in connection with the transmission or other provision of any service for their joint use and allocation as provided in Art. 42 of the Law.
Pursuant to Art. 8 of the Telecommunications (Interconnection and Access) Regulations 2020, every operator, service provider, and public utility shall (i) in a timely manner and upon the written request of an accessing operator, service provider or public utility, provide access on an unbundled and unbundled basis to any facility or public utility it owns or controls, including the ability to physically access such facility or public utility and to install, operate, maintain and repair any equipment or other element of a facility or public utility; (ii) negotiate any access agreement in good faith and in accordance with these regulations. In addition, according to Art. 8.2, each operator and service provider shall provide access to its roads, ducts, conduits, poles, towers, cables and other elements of its facilities or public service facilities, as the case may be, in connection with the transmission or other provision of any service for their joint use and allocation as provided in Art. 42 of the Law.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20231203072353/https://telecoms.gov.gy/images/acts/Telecommunications_Act_No_18_of_2016.pdf
- https://web.archive.org/web/20231214011617/https://officialgazette.gov.gy/images/gazette2020/oct/Extra_23OCTOBER2020Reg7of2020.pdf
- https://datahub.itu.int/data/?i=100014&e=
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GUYANA
Since June 1990
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
Since June 1990, the telecom operator Guyana Telephone & Telegraph Co. (GTT) has been 80% owned by Atlantic Tele-Network (ATN) and 20% owned by the Government of Guyana (GOG).
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20240720184250/https://newsroom.gy/2020/10/06/telecoms-sector-finally-liberalised-ending-gtts-31-years-of-monopoly/
- https://web.archive.org/web/20230315071603/http://gnba.gov.gy/wp-content/uploads/2020/08/Legitimate-RadioTelevision-and-Cable-Broadcasters.pdf
- https://web.archive.org/web/20220124102028/https://developingtelecoms.com/telecom-business/market-reports-with-buddecom/12231-guyana-finally-liberalises-its-telecom-sector-after-a-five-year-delay.html
- https://web.archive.org/web/20240414121259/https://developingtelecoms.com/telecom-business/operator-news/12937-guyana-licences-its-third-mobile-operator.html
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GUYANA
Since December 2016
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Telecommunications Act 2016
According to Art. 38.7 of the Telecommunications Act, the Public Utilities Commission may, where it deems appropriate, require that an operator or a service provider puts into effect accounting separation between different portions of its telecommunications networks, facilities, and telecommunications services. However, it is reported that functional separation of SMP/dominant network operator(s) is not required by law.
Coverage Telecommunications sector
GUYANA
N/A
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
Partial appendment of WTO Telecom Reference Paper to schedule of commitments
Guyana has only partially appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
GUYANA
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Presence of an independent telecom authority
It is reported that the Telecommunications Agency, 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
GUYANA
Since June 2010
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
Credit Reporting Act 2010
According to Art. 18 of the Credit Reporting Act 2010, credit reporting agencies may only store and retain the data collected in another country, provided they have the Bank of Guyana's approval.
Coverage Financial sector
GUYANA
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)
Guyana is not a party to the World Trade Organization (WTO) Agreement on Government Procurement nor does it have observer status.
Coverage Horizontal
GUYANA
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)
7.7%
Coverage rate of zero-tariffs on ICT goods (%)
32.45%
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
GUYANA
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)
Guyana 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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GUYANA
Since June 2003, entry into force in November 2004, last amended in May 2019
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Procurement Act 2003
According to Art. 39.6 (b) of the Procurement Act 2003, there is a 10% margin of preference for domestic providers or domestically produced goods. However, it is reported that this margin is rarely utilised.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220810073501/https://ppc.org.gy/wp-content/uploads/2020/11/Procurement-Act-2003.pdf
- https://web.archive.org/web/20230203072944/https://ppc.org.gy/the-legislative-framework/
- https://web.archive.org/web/20231110080013/https://www.wto.org/english/tratop_e/tpr_e/s422_e.pdf
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GUYANA
Since March 2004, as amended in February 2021
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Small Business Act 2004
According to Art. 11 of the Small Business Act 2004 (as amended by Art. 3 of the Small Business (Amendment) Act 2021), the Government shall use its best endeavours to ensure that at least 20% of its procurement of goods, services and works to be executed annually is obtained from small businesses and for this purpose, the Council shall prepare annually a Small Business Procurement Programme.
Coverage Horizontal
GUYANA
Since June 2003, entry into force in November 2004, last amended in May 2019
Since November 2004, as amended in January 2019
Since November 2004, as amended in January 2019
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Procurement Act 2003
Procurement Regulation 2004
Procurement Regulation 2004
According to Art. 25 of the Procurement Act 2003, public tendering is mandatory. However, a procuring entity may use exceptionally restrictive tenders in accordance with Sections 26-29 of the Procurement Act and Schedule 2 of the Procurement Regulation (as amended by the Procurement [Amendment] Regulation 2019). These exceptions include: (i) restricted tendering, when goods, services, or works are available only from a limited number of contractors or suppliers if the estimated cost of the contract is below the threshold of GYD 10 million (approx. USD 48,000); (ii) single source procurement: when they are available from only one source, or additional supplies are needed from an already awarded contractor if the estimated cost of the contract is below the threshold of GYD 1.5 million (approx. USD 7,200); (iii) when procurement is conducted through community participation in poor and remote communities if the estimated cost of the contract is below the threshold of GYD 5 million (approx. USD 24,000.); or (iv) the estimated value of the contract does not exceed GYD 1.5 million (approx. USD 7,200).
Coverage Horizontal
Sources
- https://web.archive.org/web/20231110081202/https://www.npta.gov.gy/wp-content/uploads/Procurement-Act-2003.pdf
- https://web.archive.org/web/20200930052057/https://www.parliament.gov.gy/publications/acts-of-parliament/procurement-amendment-act-2019
- https://web.archive.org/web/20231110112944/https://www.npta.gov.gy/wp-content/uploads/Procurement-Regulations-2004.pdf
- https://web.archive.org/web/20231110130807/https://www.npta.gov.gy/wp-content/uploads/Procurement-Amendment-Regulations-2019.pdf
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