Art. 85 of the Utilities Directive (2014/25/EU) contains provisions allowing contracting public entities to reject foreign goods not covered by any EU international commitments from its tender procedures. In these cases, a tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries exceeds 50% of the total value of the products constituting the tender (Art. 85.2). Additionally, in cases of equivalent offers, the provisions provide for a preference for European tenders and tenders covered by EU's international obligations. In practice, this possibility has rarely been used.
The Public Procurement Act transposes the Utilities Directive into law. Where two or more bids are equivalent under the award criteria of Art. 81, preference is given to those bids that do not contain more than 50% of products from third countries (Art. 61). However, tenders with at least 50% of products from third countries are allowed when competing tenders require equipment with technical characteristics that differ from those of the contracting public authority and which could result in incompatibility or disproportionate costs.

The regulatory environment does not impose control limits on foreign companies. The country does not have a specific investment law, however investment is regulated within the framework of the Belgian Companies and Associations Code (the "BCCA"), enacted by the Belgian parliament in February 2019.

In November 2022, the Belgian federal and regional governments formalised a cooperation agreement to establish a screening mechanism for foreign direct investment (FDI), which was implemented in July 2023. Subsequently, in May 2023, the Federal Public Service of Economy released draft guidelines to elucidate the scope and procedural framework of this FDI screening mechanism in Belgium. According to these guidelines, the regime is applicable to FDI, which may affect national security, public order, or the strategic interests of Belgium and its federated entities. Under this mandatory regime, strategic non-EU investors are required to notify and obtain prior approval for FDI projects, with the potential for ex officio assessments up to two years post-transaction. The regime encompasses various types of investments, including transactions that result in the acquisition of at least 25% of voting rights in a Belgian target company engaged in critical infrastructures, digital infrastructures, media, data processing or storage, as well as investments in technologies and raw materials essential for strategic sectors such as AI, robotics, semiconductors, cybersecurity, aerospace, defence, energy storage, quantum and nuclear technologies, and nanotechnologies.

The Cabinet Decision Amending the Law of 21 March 1991 on the Reform of Certain Public Economic Enterprises made it possible for private investors to invest in telecom provider Proximus to the extent that the government's stake could fall below 50%+1 share with a resolution approved by the Council of Ministers. This is also explicitly mentioned in Art. 54/6 of the Law of 21 March 1991 on the reform of certain public economic enterprises. Although private, including foreign, investment in Proximus is possible, the government screens the investment guided by the strategic importance of a stake in the company concerned, the need for Belgian anchoring, the essential contribution that the company can make to the pursuit of sustainable economic growth, its social usefulness and its impact on employment.

The Bahamas has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.

According to the Bahamas Customs Department, the importation of goods is restricted unless the importer holds a valid business licence issued under the Business License Act.
Under the Business License Act 2023, which repealed the 2010 Act, a licence is required to conduct business in The Bahamas. The Financial Secretary may issue three types of licences: annual, temporary and occasional (Art. 11). Pursuant to Art. 12, any person wishing to engage in a business activity must apply to the Secretary for an annual business licence. In addition, under Art. 13, a foreign person contracting to engage in a temporary business activity must apply for a temporary licence before the commencement of the contract and must pay a tax of 1.5% of the contract value. For commercial sales, an occasional licence may be granted by the Registrar upon application and payment of the prescribed fee (Art. 14). Foreign applicants, however, must obtain the Minister of Finance’s approval for any licence (Art. 21).

The Utilities Regulation and Competition Authority (URCA) is the body responsible under the Communications Act 2009 for the regulation of the electronic communications sector in the Bahamas. According to Art. 2.1 of the Guidelines for the Type Approval of Licence, an application for type approval can be made by any manufacturer/producer, dealer or importer of a low-power device or a duly authorised agent acting on behalf of the manufacturer. According to Art. 2.3 of the Guidelines, the granting of type approval is based on the URCA receipt of a submission containing adequate test reports and other supporting documents demonstrating compliance with the required standards. The type-approval device must bear the same model number as the test report and include a manufacturer's declaration of conformity. According to Art. 2.4 a declaration of conformity, issued by the manufacturer of the device on company letterhead or letterhead and signed by an authorised representative of the manufacturer, confirming that the device complies with the relevant standards (e.g. radio, health and safety, EMC, etc.) must be submitted.

According to Art. 7(2)(a) of the Payment Instruments Regulation, a payment institution can only issue payment instruments in Bahamian dollars and issue a payment up to BSD 15,000 (approx. 15,000 USD). According to Art. 2, a payment instrument is any tangible or intangible instrument that enables a person to obtain money, goods, or services or otherwise make a payment or transfer money. As a result, this regulation also affects online payments.

The Bahamas does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.

The Consumer Protection Act and the Electronic Communications and Transactions Act provide a comprehensive consumer protection framework that also applies to online transactions.

The Bahamas has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.

The Bahamas has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.

It is reported that the Utilities Regulation and Competition Authority (URCA), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.

Section 42 of the Gaming Act provides that the holder of a restricted interactive gaming licence shall conduct the operations authorised by the licence only from a website located, operated, managed, and maintained in The Bahamas, and approved by the Board. A restricted interactive gaming licence authorises the conduct of interactive gaming transactions between a licence holder and (a) citizens of permitted foreign jurisdictions, and (b) persons located on the licensed premises of the holder of the licence, from a website established, maintained, and operated by the licence holder in The Bahamas.

Under Art. 17 of the Data Protection (Privacy of Personal Information) Act 2003 and the Data Protection Commissioners Guidelines, personal data transfers are permitted where: (i) an adequate level of protection is afforded by a contract; (ii) the transfer is required or authorised by or under any enactment, or required by any convention or other instrument imposing an international obligation on the Bahamas; (iii) the transfer is made under the consent (express or implied) of the data subject; (iv) the transfer is necessary for the performance of a contract between the data controller and the data subject; among other conditions.