HAITI
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)
Haiti 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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HAITI
Since June 2009
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Law Establishing the General Rules for the Awarding, Execution, and Settlement of Public Contracts with an Estimated Value Equal to or Exceeding the Procurement Thresholds (Loi fixant les règles générales de Passation, d'exécution et de règlement des Marchés Publics dont la valeur estimée est égale ou supérieure aux seuils de Passation des Marchés)
According to Art. 58 of the Public Procurement Law of Haiti, when awarding a public contract, preference may be given to the offer presented by small and medium-sized Haitian businesses or nationals of member countries of the same economic community of States. This preference must be quantified as a percentage of the offer amount that cannot exceed 15%. The preference cannot be invoked if it has not been provided for in the tender documents.
Coverage Horizontal
HAITI
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)
Haiti is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
HAITI
Since October 1989
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Investment Code (Code des Investissements)
According to Art. 11 of the Investment Code, on the principle of non-discrimination, Haitian investors and foreign investors enjoy the same rights and privileges.
Coverage Horizontal
HAITI
Reported in 2017, last reported in 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Screening mechanisms on the telecommunications sector
It is reported that the investment in “sensitive” sectors, including the telecom sector, requires a Haitian government concession as well as authorisation from the appropriate governmental agency.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20231130035005/https://www.state.gov/reports/2023-investment-climate-statements/haiti
- https://web.archive.org/web/20230927051604/http://www.sice.oas.org/investment/NatLeg/HTI/103089_law_Inv_Code_e.asp
- https://web.archive.org/web/20230321124411/https://www.state.gov/reports/2017-investment-climate-statements/haiti/
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GUYANA
N/A
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
It is reported that Guyana does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal
GUYANA
Since September 2011
Since August 2023
Since August 2023
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Affairs Act 2011
Electronic Communications and Transactions Act 12 of 2023
Electronic Communications and Transactions Act 12 of 2023
The Communications and Electronic Communications and Transactions Act 12 of 2023 and the Consumer Affairs Act 2011 (CAA) provide a comprehensive framework for consumer protection that also applies to online transactions. The Communications and Electronic Transactions Act 2023 establishes Guyana's regulatory framework for secure electronic transactions, including the payment, transfer and receipt of money, with the objective of encouraging the development of the necessary legal and business infrastructure for secure electronic commerce. Within this framework, Sec. 44, entitled Consumer Protection, requires e-commerce providers to (i) provide sufficient information for legal processes, (ii) provide consumers with adequate information to make informed decisions and maintain complete records, (iii) provide data necessary for record-keeping such as receipts, and (iv) authorises the Minister to promulgate regulations relating to the sale of e-commerce goods or services through electronic transactions. Similarly, the Consumer Affairs Act 2011 (CAA) serves as a legislative tool intended to protect the interests of consumers in their dealings with producers and suppliers.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231106181634/https://www.parliament.gov.gy/publications/acts-of-parliament/electroniccommunicationsandtransactionsact12of2023
- https://web.archive.org/web/20231209091521/https://parliament.gov.gy/publications/acts-of-parliament/consumer-affairs-act-2011/
- https://web.archive.org/web/20230606054626/https://unctad.org/page/cyberlaw-tracker-country-detail?country=gy
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GUYANA
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 of Electronic Communications
Guyana has not signed the United Nations (UN) Convention on the Use of Electronic Communications.
Coverage Horizontal
GUYANA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Guyana has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
GUYANA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Guyana 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
GUYANA
Since December 1998
Pillar Domestic data policies |
Sub-pillar Minimum period for data retention
Security Industry Act
According to Art. 8 of the Security Industry Act, registered security holders shall preserve accounting records for six years.
Coverage Financial sector
GUYANA
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Guyana's law and jurisprudence.
Coverage Internet intermediaries
GUYANA
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
A basic legal framework on intermediary liability beyond copyright infringement is absent in Guyana's law and jurisprudence.
Coverage Internet intermediaries
GUYANA
Reported in 2021, last reported in 2023
Pillar Intermediary liability |
Sub-pillar User identity requirement
Mandatory SIM card registration
It is reported that Guyana imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card or a passport in case of foreigners.
Coverage Telecommunications sector
Sources
- https://www.comparitech.com/blog/vpn-privacy/sim-card-registration-laws/#Type_of_ID_required_by_country
- https://web.archive.org/web/20230123124352/https://www.gsma.com/mobilefordevelopment/wp-content/uploads/2021/04/Digital-Identity-Access-to-Mobile-Services-and-Proof-of-Identity-2021_SPREADs.pdf
- https://web.archive.org/web/20190415140331/https://guyanatimesgy.com/crime-chief-warns-about-purchasing-sim-cards-for-others/
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GUYANA
Reported in 2022
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Self-certification for product safety
Supplier Declaration of Conformity allowed for foreign businesses
Guyana-type approval is a mandatory certification process for electronic and telecommunications equipment, including smartphones, tablets, laptops, routers, modems, microwave ovens, digital cameras, among others. The process ensures they meet the country’s technical and safety standards. It is reported that Guyana has implemented a Conformity Assessment Scheme that facilitates the entry of equipment into the local market. The approval requirements in Guyana include technical specifications, safety standards, and electromagnetic compatibility (EMC) requirements, and foreign companies can self-certify that they comply with these standards through a Supplier Declaration of Conformity (SDoC). The Telecommunications Agency of Guyana is the authority in charge of approving telecommunications equipment.
Coverage Electronic products
Sources
- https://web.archive.org/web/20220120041618/https://www.itu.int/en/ITU-D/Technology/Documents/ConformanceInteroperability/CaribbeanAssessmentStudy.pdf
- https://web.archive.org/web/20230312102730/https://www.7layers.com/en/national-approvals/
- https://web.archive.org/web/20230118171634/https://www.icertifi.com/guyana-type-approvals/
- https://web.archive.org/web/20230328145046/https://ib-lenhardt.com/type-approval/guyana
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