GUATEMALA
Since September 2000, entry into force in November 2000, last amended in June 2013
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Decree No. 57-2000 – Law of Industrial Property (Decreto No. 57-2000 - Ley de Propiedad Industrial)
Decree No. 57-2000 provides a framework for effective protection of trade secrets. Art. 173 of the Industrial Property Law lists unauthorised use of another's business secret, as well as any act of commercialisation, promotion, disclosure or improper acquisition of such secrets as an unfair competition practice. In addition, Art. 174 defines trade secrets, and Art. 175 lists what the law considers unfair acts related to business secrets. The law also grants civil and criminal venues rights to protect these secrets.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220428183124/https://www.dentons.com/en/insights/alerts/2022/march/22/regulation-of-trade-secrets-in-central-america
- https://web.archive.org/web/20230329011322/https://mcd.gob.gt/wp-content/uploads/2013/07/ley_derechos_de_autor_conexos_01.pdf
- https://web.archive.org/web/20231213024006/https://www.trade.gov/country-commercial-guides/guatemala-protecting-intellectual-property
- https://web.archive.org/web/20231209183453/https://asisehace.gt/media/ley%20propiedad%20industrial.pdf
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GUATEMALA
N/A
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Lack of mandatory functional separation for dominant network operators
It is reported that there is no obligation for passive infrastructure sharing in Guatemala to deliver telecom services to end users. However, it is practised both in the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
GUATEMALA
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)
1.50%
Coverage rate of zero-tariffs on ICT goods (%)
81.38%
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
GUATEMALA
Since December 2002
Since December 2015
Since December 2015
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Information Technology Agreement (ITA)
ITA Expansion Agreement (ITA II)
ITA Expansion Agreement (ITA II)
Guatemala is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 and its 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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GUATEMALA
Reported in 2022, last reported in 2023
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Complaints on public procurement
It is reported that foreign companies face an uneven playing field that hinders their participation in public tenders. Guatemala’s public procurement system is perceived as corrupt, with local companies allegedly favoured due to their connections with federal ministries, municipal authorities, or influential members of Congress.
Coverage Horizontal
GUATEMALA
Since November 1992, as amended in December 2015, last amended in October 2016
Since November 2018
Since November 2018
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Decree No. 57-92 - State Contracting Law (Decreto No. 57-92 - Ley de Contrataciones del Estado)
Ministerial Agreement No. 563-2018 (Acuerdo Ministerial No. 563-2018)
Ministerial Agreement No. 563-2018 (Acuerdo Ministerial No. 563-2018)
According to Art. 77 of the State Contracting Law, foreign companies may participate in procurements only with their provisional registration in the Mercantile Registry. In order to obtain provisional registration, according to Art. 12 of the Ministerial Agreement No. 563-2018, foreign companies must appoint a representative. If the foreign company is awarded a public contract, it must demonstrate that it is properly registered to operate in the country through an authorised branch. It is reported that, although it is technically possible to provisionally register a company during the bidding process, in practice it is hard to complete the process before the deadline for submitting a bid.
Coverage Horizontal
Sources
- https://web.archive.org/web/20221006125125/http://www.oas.org/es/sla/dlc/mesicic/docs/mesicic5_gtm_anexo22.pdf
- https://web.archive.org/web/20220717080336/https://www.minfin.gob.gt/images/downloads/leyes_acuerdos/acuerdomin563_161118.pdf
- https://web.archive.org/web/20221006150841/https://www.minfin.gob.gt/images/downloads/leyes_acuerdos/decreto9_081215.pdf
- https://web.archive.org/web/20231213023844/https://www.trade.gov/country-commercial-guides/guatemala-selling-public-sector
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GUATEMALA
Since November 1992, last amended in October 2016
Since April 1961, last amended in April 2017
Since April 1961, last amended in April 2017
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Decree No. 57-92 - State Contracting Law (Decreto No. 57-92 - Ley de Contrataciones del Estado)
Labour Code (Código del Trabajo)
Labour Code (Código del Trabajo)
According to Art. 97 of the State Contracting Law, workers employed in public procurement must be preferably Guatemalans in the proportion prescribed in the labour Code. Art. 13 of the Labour Code states that employers are prohibited from employing less than 90% of Guatemalan workers, with some exceptions.
GUATEMALA
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)
Guatemala is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
GUATEMALA
Since February 1998
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Foreign Investment Law (Ley de Inversión Extranjera)
According to Art. 3 of the Foreign Investment Law, foreign investors are granted the same treatment as that granted to domestic investors in the development of their economic activities and, therefore, enjoy equal conditions with domestic investors. It is reported that there are some restrictions on broadcasting, but no regulation has been found.
Coverage Horizontal
Sources
- https://www.wipo.int/wipolex/en/legislation/details/2020
- https://web.archive.org/web/20230616122058/https://central-law.com/wp-content/uploads/2022/02/GUIDE-TO-GLOBAL-INVESTMENTS-2022-Central-America-Panama-and-Dom-Republic.pdf
- https://web.archive.org/web/20230326091133/https://www.state.gov/reports/2021-investment-climate-statements/guatemala/
- https://web.archive.org/web/20241211195619/https://uk.practicallaw.thomsonreuters.com/9-554-4025?transitionType=Default&contextData=(sc.Default)&firstPage=true
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GHANA
Since November 1973, last amended in September 2021
Since May 2015
Since May 2015
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Standards Authority Act
Type Approval Guidelines - Electronic Communications Equipment
Type Approval Guidelines - Electronic Communications Equipment
The Ghana Standards Authority (GSA), under the Standards Authority Act, 1973, is responsible for conducting conformity assessment activities. The Product Certification Department offers assessment and impartial third-party attestation to confirm that specified requirements have been met. These requirements are typically outlined in standards or other normative documents. Product certification is carried out by certification bodies, which must adhere to ISO IEC 17065.
When telecom equipment dealers import ICT devices into Ghana, they are required to declare the shipment details to the National Communications Authority (NCA) through the Customs system. The NCA then conducts a physical inspection at the ports of entry to ensure that the devices are Type Approved. To facilitate this process, the NCA has established NCA Approval Testing Labs, which include laboratories for Specific Absorption Rate (SAR), Electromagnetic Field (EMF) measurements, Digital Terrestrial Television (DTT), and Radio Frequency and Signalling (RF & Sig) testing.
When telecom equipment dealers import ICT devices into Ghana, they are required to declare the shipment details to the National Communications Authority (NCA) through the Customs system. The NCA then conducts a physical inspection at the ports of entry to ensure that the devices are Type Approved. To facilitate this process, the NCA has established NCA Approval Testing Labs, which include laboratories for Specific Absorption Rate (SAR), Electromagnetic Field (EMF) measurements, Digital Terrestrial Television (DTT), and Radio Frequency and Signalling (RF & Sig) testing.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220128044156/http://extwprlegs1.fao.org/docs/pdf/gha17277.pdf
- https://web.archive.org/web/20231129173356/https://www.gsa.gov.gh/wp-content/uploads/2021/06/2-HOW-TO-GET-CERTIFIED.pdf
- https://web.archive.org/web/20220308083529/https://nca.org.gh/wp-content/uploads/2021/11/Type-Approval-Revised-Guidelines-2015-Final-Revised2.pdf
- https://web.archive.org/web/20230329062311/https://nca.org.gh/wp-content/uploads/2021/11/type-approval-technical-information.pdf
- https://web.archive.org/web/20230328123041/https://www.intertek.com/government/product-conformity/exports/ghana/
- https://web.archive.org/web/20220807234545/https://www.gsa.gov.gh/product-certification/
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GHANA
Since December 2008
Pillar Technical standards applied to ICT goods and online services |
Indicator Restrictions on encryption standards
Electronic Transactions Act 2008 (Act 772)
The law prohibits the sale or provision of encryption or authentication services unless it is compliant with the country’s 2008 Electronic Transactions Act. The National Information Technology Agency is charged with certifying and issuing licenses for encryption and authentication services. Law enforcement officers are also entitled to require access to decryption information and “the reasonable technical and other assistance required for investigation or prosecution”.
Coverage Encryption and authentication services
GHANA
Reported in 2023
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
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 GHS 3,200 (approx. 200 USD).
Coverage Horizontal
GHANA
N/A
Pillar Online sales and transactions |
Indicator Restrictions on domain names
Guidelines for registering domains under the GH2-DOM
According to the guidelines for registering domains under the GH2-DOM, for the registration of a ".gh" domain name, the domain administrator must be located in Ghana, and the domain administrator's company should have been registered in Ghana. In addition, domain names registered under the top-level .gh domains should be active within six months after registration.
Coverage Horizontal
GHANA
Since December 2008
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Electronic Transactions Act 2008 (Act 772)
The Electronic Transactions Act 2008 provides a comprehensive consumer protection framework that applies to online transactions.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240127141108/http://www.researchictafrica.net/countries/ghana/Electronic_Transactions_Act_no_772:2008.pdf
- https://web.archive.org/web/20241211201931/https://unctad.org/page/cyberlaw-tracker-country-detail?country=gh
- https://web.archive.org/web/20230131012746/https://www.clrnn.net/2021/11/18/consumer-protection-in-ghana-oversight-enforcement-and-recommendations/
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