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NAMIBIA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory accounting separation for dominant network operators
It is reported that Namibia does not mandate accounting separation for operators with significant market power (SMP) in the telecom market. However, functional separation is required by law.
Coverage Telecommunications sector

NAMIBIA

Since January 2023
Since December 2015, entry into force April 2017, last amended in October 2022

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Code of Good Practice on Preferences

Public Procurement Act, 2015 (Act 15 of 2015)
Sections 71-72 of the Procurement Act include provisions for granting preferential treatment to Namibian companies over foreign companies in public procurement. This preferential treatment generally applies to goods, works, and services.
According to Art. 8 of the Code of Best Practices on Preferences, the Board or public entity must give national preference to a bidder that (i) qualifies as a Namibian bidder in accordance with section 71.3 of the Act; (ii) demonstrates that the bidder complies with the local content; and (iii) complies with the Act.
Pursuant to Art. 9 of the Code, the maximum allowable cumulative margin of preference applicable to exclusive preferences for price evaluation purposes is 10%. The Board or the public entity, when evaluating bids for the exclusive preference, must apply the margins of preference specified in column 2 of Annex 6 of the Code to the eligible bidders for each qualification category. These preferences for price evaluation include
- 2% to local manufacturers,
- 1% to local MSMEs,
- 1% to local women-owned businesses,
- 2% to local youth-owned businesses,
- 2% to local businesses owned by previously disadvantaged people, 2% to local businesses owned by previously disadvantaged people, and 1% to services provided by Namibian nationals.
- 1% to services provided by Namibian nationals
Coverage Horizontal

NAMIBIA

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)
Namibia is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal

NAMIBIA

Since November 2009, entry into force in May 2011, last amended in July 2020

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Communications Act, 2009
Section 46.1 of the Communications Act restricts shareholding in the telecommunications sector to a maximum of 49% for foreigners or companies that are not owned and controlled by Namibian citizens.
Coverage Telecommunications sector

NAMIBIA

Since November 2009, entry into force in May 2011, last amended in July 2020

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Communications Act, 2009
According to Art. 85 of the Communications Act, the Authority has the discretion to grant a broadcasting license in the specified category, subject to determined conditions and payment of prescribed fees. The broadcasting license can only be issued to a Namibian citizen or to foreigners if certain criteria are met: the foreign company must have at least 51% of its shares owned by Namibian citizens, it must not be under the control of non-Namibian citizens, and it should have its principal place of business or registered office in Namibia. Additionally, as per Art. 85.3, the Minister may also beforehand authorise the issue of a broadcasting licence to a juristic person other than a juristic person referred. However, the law does not mention any further description of the conditions required for this authorisation. The provision does not make a distinction for online broadcasting, but Art. 1 states that “broadcast” includes the dissemination of electronic communications "by any other means if that communications are intended to be received by the public or the subscribers to a particular service".
Coverage Broadcasting sector

NAMIBIA

Since November 2009, entry into force in May 2011, last amended in July 2020

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Communications Act, 2009
Section 46.2 of the Communications Act requires that the Minister in charge approves the acquisition of control or ownership of a company in the telecommunications sector.
Coverage Telecommunications sector
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'NA')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"101958"},{"post_id":"101959"},{"post_id":"101960"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'NA')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'NA')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"1.00"}]

NAMIBIA

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)
1.36%
Coverage rate of zero-tariffs on ICT goods (%)
73.91%
Coverage: ICT goods

MOZAMBIQUE

Reported in 2022, last reported in 2024

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Low 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 USD 30, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

MOZAMBIQUE

Since January 2017

Pillar Online sales and transactions  |  Indicator Restrictions on domain names
Law No. 3/2017 of 09 January - Electronic Transactions Law (Lei de Transacções Electrónicas Lei Nº 03/2017)
According to Art. 6 of the Electronic Transactions Law, a local presence in Mozambique is required to acquire a local domain name (".mz").
Coverage Horizontal

MOZAMBIQUE

Since September 2009
Since January 2017

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Law No. 22/2009 on Consumer Protection (Lei No. 22/2009)

Law No. 3/2017 of 9 January - Electronic Transactions Law (Lei de Transacções Electrónicas Lei Nº 03/2017)
The Consumer Protection Law, supplemented by the Consumer Protection Regulation promulgated by Decree No. 22/2016 and the Electronic Transactions Law (Arts. 43-46), provides a comprehensive consumer protection framework that applies to online transactions.
Coverage Horizontal

MOZAMBIQUE

N/A

Pillar Online sales and transactions  |  Indicator Ratification of the 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
Mozambique has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

MOZAMBIQUE

Since 2017

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Mozambique has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

MOZAMBIQUE

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Mozambique 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

MOZAMBIQUE

Since November 2018

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Decree No. 66/2018 of 9 November - Regulation of approvals of telecommunication equipment (Decreto Nᵒ 66/2018, de 9 de Novembro - Regulamento de Homologação de Equipamento de Telecomunicações e Radiocomunicações)
According to the Decree No. 66/2018 (Art. 9-10), local certification is required for the Mozambique Telecommunication Regulatory Authority to certify the conformity of telecommunication and radio equipment. The Authority recognises the certification carried out by foreign certification authorities in accordance with the Mutual Recognition Agreements.
Coverage Telecommunication and radio communication equipment

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