PAPUA NEW GUINEA
Reported in 2025
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Import ban applied on ICT goods or online services
Ban on Starlink hardware
It is reported that, in December 2025, Papua New Guinea’s National Information and Communications Technology Authority (NICTA) formally instructed SpaceX (the parent company of Starlink Internet Services PNG Limited) to cease the provision of Starlink satellite services in Papua New Guinea, citing its statutory obligations under the National Information and Communications Technology Act 2009. Starlink is reportedly not licensed to operate in Papua New Guinea. Accordingly, NICTA has stated that the importation, supply, installation, operation, or use of Starlink terminals and related services in Papua New Guinea is strictly prohibited pending completion of the licensing process and the resolution of the relevant legal constraints.
Coverage Starlink
PAPUA NEW GUINEA
Since February 2010, last amended in December 2016
Since October 2014
Since October 2014
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
National Information and Communication Technology Act 2009
Guidelines for Radio Dealers License
Guidelines for Radio Dealers License
According to Art. 180 of the National Information and Communication Technology Act 2009, engaging in “regulated conduct” – including dealing in (importing), letting on hire or loan, or repairing or adjusting any apparatus identified in the Radio Spectrum Regulations that is used to transmit radiocommunications – is subject to a radiocommunications licence.
This is also confirmed in Sections 1 and 3 of the Guidelines for Radio Dealers Licence, which states that, under the National ICT (Radio Spectrum) Regulation 2010, a Radio Dealers Licence should be granted by the National Information and Communication Technology Authority (NICTA).
This is also confirmed in Sections 1 and 3 of the Guidelines for Radio Dealers Licence, which states that, under the National ICT (Radio Spectrum) Regulation 2010, a Radio Dealers Licence should be granted by the National Information and Communication Technology Authority (NICTA).
Coverage Telecom equipment
Sources
- https://web.archive.org/web/20260122175409/https://www.ict.gov.pg/Legislation/National%20ICT%20Act/NICT-Act-2009-vClean.pdf
- https://web.archive.org/web/20250430015421/https://www.nicta.gov.pg/the-guidelines-for-radio-dealers-licence/
- https://web.archive.org/web/20260115152459/https://ta.nicta.gov.pg/
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PAPUA NEW GUINEA
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional and accounting separation for dominant network operators
Papua New Guinea does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
PAPUA NEW GUINEA
Since September 2018, last amended in October 2021
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
National Procurement Act, 2018
Under Art. 47 of the National Procurement Act 2018, evaluators are required, for covered procurements of goods, works and services, to apply a price preference in favour of national companies and citizens. The margin of preference is set at 15% for goods and 7% for works or services. Moreover, joint ventures or associations between an eligible national company or citizen and a foreign partner are eligible for a lower, uniform 4% preference margin for goods, works, or services. This preferential treatment is available only where the joint venture is registered in Papua New Guinea or where the national participant can demonstrate a beneficial interest of more than 50%, as evidenced by the profit-and-loss-sharing provisions in the joint venture agreement.
Coverage Horizontal
Sources
PAPUA NEW GUINEA
Since September 2018, as amended in October 2021
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
National Procurement Act, 2018
According to Art. 48(2) of the National Procurement Act 2018, the National Procurement Commission must ensure that, insofar as reasonably practicable, all procurements promote and maximise (a) the use of local expertise and materials, and (b) the participation of local communities or organisations.
Moreover, according to Art. 58, bidders must be registered with the National Procurement Commission as qualified bidders before they may receive bids or enter into contracts with the National Procurement Commission and other public and statutory bodies. The Commission may register applicants that meet the statutory requirements and may remove those that no longer qualify.
Moreover, according to Art. 58, bidders must be registered with the National Procurement Commission as qualified bidders before they may receive bids or enter into contracts with the National Procurement Commission and other public and statutory bodies. The Commission may register applicants that meet the statutory requirements and may remove those that no longer qualify.
Coverage Horizontal
Sources
PAPUA NEW GUINEA
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)
Papua New Guinea is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA).
Coverage Horizontal
PAPUA NEW GUINEA
Since January 1992, last amended in May 2023
Since January 1992, as amended in January 2022
Since January 1992, as amended in January 2022
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Investment Promotion Act, 1992
Investment Promotion Regulation, 1992
Investment Promotion Regulation, 1992
The Investment Promotion Act governs foreign direct investment in the country. Under Art. 27, certain activities are reserved for national citizens and companies. These reserved activities are specified in the Investment Promotion Regulation 1992 and, following the amendment introduced by the Investment Promotion (Amendment) Regulation 2021, include the repair of consumer electronics goods when this activity is not carried out in conjunction with the manufacture, wholesale or retail sale of such goods.
Coverage Repair of consumer electronics goods
Sources
- https://web.archive.org/web/20250911091637/https://investmentpolicy.unctad.org/investment-laws/laws/97/papua-new-guinea-investment-act
- https://web.archive.org/web/20250203121059/https://faolex.fao.org/docs/pdf/png223875.pdf
- https://web.archive.org/web/20251007211138/https://www.ipa.gov.pg/Documentation/PG/RALReview/ConsultationPaperReviewOfReservedActivitiesList.pdf
- https://web.archive.org/web/20240724163923/https://www.ipa.gov.pg/documentation/pg/uploads/Invesment%20Guide%20book_%20Final_compressed.pdf
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PAPUA NEW GUINEA
Since January 1997, last amended in September 2022
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Nationality/residency requirement for directors or managers
Companies Act, 1997
According to Art. 128 of the Companies Act, at least one director of the company shall be ordinarily resident in the country.
Coverage Horizontal
PAPUA NEW GUINEA
Since January 1992, last amended in May 2023
Since January 1992, last amended in January 2022
Since January 1992, last amended in January 2022
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Investment Promotion Act, 1992
Investment Promotion Regulation, 1992
Investment Promotion Regulation, 1992
According to Art. 25 of the Investment Promotion Act, the Investment Promotion Authority (IPA) may grant a certificate authorising a foreign enterprise to carry on business in the country, and, subject to Art. 26, a foreign enterprise may not operate without such a certificate. Pursuant to Art. 28, a foreign company applies for an investment certificate by submitting, in the prescribed form, an application to the IPA together with copies of any agreements or documents relating to the management or proposed management of the company. The IPA must verify the accuracy of the information provided, assess whether the proposed activity is likely to contribute to the objectives of the Act, evaluate the applicant’s capacity to finance, establish and operate the enterprise, and review the applicant and any associated owners, directors or partners before granting the certificate on appropriate terms. The IPA must notify the applicant in writing of its decision to grant or refuse the certificate within 35 working days of receiving a complete and correct application.
It is reported that, although the country does not apply a formal minimum investment threshold, the IPA may, pursuant to Section 28(7) of the Investment Promotion Act, require a potential investor to deposit a prescribed amount prior to approval. The screening mechanism is understood to focus on assessing the net economic benefit of the investment and its consistency with the national interest.
It is reported that, although the country does not apply a formal minimum investment threshold, the IPA may, pursuant to Section 28(7) of the Investment Promotion Act, require a potential investor to deposit a prescribed amount prior to approval. The screening mechanism is understood to focus on assessing the net economic benefit of the investment and its consistency with the national interest.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250911091637/https://investmentpolicy.unctad.org/investment-laws/laws/97/papua-new-guinea-investment-act
- https://web.archive.org/web/20250203120720/https://faolex.fao.org/docs/pdf/png223876.pdf
- https://web.archive.org/web/20250203121059/https://faolex.fao.org/docs/pdf/png223875.pdf
- https://web.archive.org/web/20231204172958/https://www.state.gov/reports/2022-investment-climate-statements/papua-new-guinea/#report-toc__section-1
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PAPUA NEW GUINEA
Since January 2001
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Patents and Industrial Designs Act, 2000
According to Art. 54 of the Patents and Industrial Designs Act, where an applicant’s ordinary residence and principal place of business are outside Papua New Guinea, the applicant must be represented by a person who is ordinarily resident in Papua New Guinea.
Coverage Horizontal
PAPUA NEW GUINEA
Since January 2001
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the enforcement of patents
Patents and Industrial Designs Act, 2000
According to Art. 32 of the Patents and Industrial Designs Act, the Minister may, upon the request of a government agency or any other person, authorise the exploitation of a patented invention without the consent of the patent owner, by notice published in the National Gazette. Such authorisation may be granted where the exploitation is required in the public interest – including for reasons of national security and predominantly to supply the Papua New Guinea market – or where the Minister has determined that the patent’s exploitation is anti-competitive and considers that the authorisation would remedy that anti-competitive practice.
Coverage Horizontal
PAPUA NEW GUINEA
Since June 2003
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Papua New Guinea is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
PAPUA NEW GUINEA
Since November 2000
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Copyright and Neighbouring Rights Act, 2000
Papua New Guinea’s copyright framework is established under the Copyright and Neighbouring Rights Act 2000. The Act does not provide for an open-ended fair use or fair dealing standard. Rather, it sets out a closed list of narrowly defined exceptions, limiting lawful uses to specific, enumerated purposes that are subject to the principle of “fair practice”. This principle requires that any permitted use be compatible with fair practice and confined to what is justified by the relevant purpose. Sections 8–16 codify these exceptions, including, inter alia, quotation of a short part of a published work where the use is compatible with fair practice and does not exceed the extent justified by the purpose, and the reproduction of a short part of a published work for teaching, by way of illustration in written, audio, or visual materials, subject to the same fair practice conditions.
Coverage Horizontal
PAPUA NEW GUINEA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Papua New Guinea has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
PAPUA NEW GUINEA
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
Papua New Guinea has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
