GUYANA
Reported in 2022, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
Guyana has laws governing intellectual property rights and patents. However, a lack of enforcement offers limits safeguards in practice and allows for the relatively uninhibited distribution and sale of illegally obtained content.
Coverage Horizontal
GUYANA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
7.70%
Coverage rate of zero-tariffs on ICT goods (%)
32.45%
Coverage: Digital 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 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)
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 |
Sub-pillar 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 |
Sub-pillar 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 |
Sub-pillar 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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GUYANA
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)
Guyana is not a party to the World Trade Organization (WTO) Agreement on Government Procurement nor does it have observer status.
Coverage Horizontal
GUYANA
Since March 2004
Since May 1995
Since March 1919, last amended in 2000
Since May 1995
Since March 1919, last amended in 2000
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Investment Act 2004
Companies Act
Business Names (Registration) Act
Companies Act
Business Names (Registration) Act
According to Art. 12 of the Investment Act, an investment company may be wholly owned by foreign or domestic investors. According to Art. 5 of the Companies Act, incorporating in Guyana does not have residency requirements, but according to Art. 312 external companies must register with the government to conduct business in the country. According to the Business Registration Act, Guyanese companies must use the real surnames of the incorporators or be registered with the government.
Coverage Horizontal
GUINEA-BISSAU
N/A
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
Guinea-Bissau lacks a comprehensive framework for consumer protection that applies to online transactions.
Coverage Horizontal
Sources
- https://web.archive.org/web/20241211194313/https://unctad.org/page/cyberlaw-tracker-country-detail?country=gw
- https://web.archive.org/web/20231119223135/https://unctad.org/page/online-consumer-protection-legislation-worldwide
- https://web.archive.org/web/20220601091945/https://www.wto.org/english/tratop_e/tpr_e/s362-04_e.pdf
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GUINEA-BISSAU
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 on the Use of Electronic Communications in International Contracts
Guinea-Bissau has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
GUINEA-BISSAU
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
Guinea-Bissau 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
GUINEA-BISSAU
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
Guinea-Bissau 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
GUINEA-BISSAU
Reported in 2022, last reported in 2024
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that in Guinea-Bissau, the de minimis threshold, that is, the minimum value of goods below which Customs Authority do not charge duties, is USD 100, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
GUINEA-BISSAU
Since October 2012
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
Decree No. 7/2012 of 23 October - Regulations of the Domain name registration (Decreto No. 7/2013 de 23 de Outubro - Regulamento do Registo de Domínios)
Art. 2 of Decree No. 7/2012 states that only entities legally incorporated or residents in Guinea-Bissau can acquire local domain names ".gw". However, under certain conditions, temporary domain registration can take place, namely if the foreign company appoints a local legal representative and presents a declaration duly certified committing to set up the company in Guinea-Bissau.
Coverage Horizontal
GUINEA-BISSAU
N/A
Pillar Cross-border data policies |
Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Guinea-Bissau has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal