Database

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HAITI

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the application process for patents
Complaints about lengthy patent application process
It is reported that it typically takes about 4 years for the Intellectual Property Service in the Ministry of Commerce and Industry to process a patent registration application.
Coverage Horizontal

HAITI

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the enforcement of patents
Complaints about outdated IP law
Some complaints have been reported that the laws on intellectual property rights in Haiti are outdated, as they rely on a century-old industrial law (Law of 14 December 1922) rather than a specific law governing industrial property. Moreover, it is reported that Haiti has weak enforcement mechanisms, ineffective courts, and judges with limited knowledge of commercial law, which compromise the effectiveness of legal protections.
Coverage Horizontal

HAITI

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Lack of signature of the Patent Cooperation Treaty (PCT)
Haiti is not a signatory of the Patent Cooperation Treaty (PCT).
Coverage Horizontal

GUYANA

N/A

Pillar Online sales and transactions  |  Indicator 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

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Consumer Affairs Act 2011

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 safe 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 to protect consumers' interests in their dealings with producers and suppliers.
Coverage Horizontal

GUYANA

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
Guyana has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

GUYANA

Since August 2023

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
Electronic Communications and Transactions Act 12 of 2023
Guyana enacted the Electronic Communications and Transactions Act 12 of 2023, drawing upon the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

GUYANA

N/A

Pillar Online sales and transactions  |  Indicator 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

Reported in 2022

Pillar Technical standards applied to ICT goods and online services  |  Indicator 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, and digital cameras. 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 compliance through a Supplier Declaration of Conformity (SDoC). The Telecommunications Agency of Guyana is the authority responsible for approving telecommunications equipment.
Coverage Electronic products

GUYANA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Signature of the WTO Telecom Reference Paper
Partial appendment of WTO Telecom Reference Paper to schedule of commitments
Guyana has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

GUYANA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Presence of an independent telecom authority
It is reported that the Telecommunications Agency, the executive authority responsible for the supervision and administration of services in the telecommunications sector, is independent of the government in its decision-making.
Coverage Telecommunications sector

GUYANA

Since June 2010, entry into force in April 2011, last amended in January 2016
Since January 2014

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Credit Reporting Act 2010

Credit Reporting (Cross Border Transfer and Storage of Credit Information) Regulations 2014
According to Art. 18 of the Credit Reporting Act 2010, credit reporting agencies may only store and retain the data collected in another country, provided they have the Bank of Guyana's approval.
Moreover, pursuant to Section 2 of the Credit Reporting (Cross Border Transfer and Storage of Credit Information) Regulations, a credit bureau may not transfer or store any information collected under the Act outside Guyana without the prior approval of the Bank.
Coverage Financial sector

GUYANA

N/A

Pillar Cross-border data policies  |  Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Guyana has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal

GUYANA

N/A

Pillar Domestic data policies  |  Indicator Framework for data protection
Lack of comprehensive data protection regime
Guyana does not have a data protection law in place; however, there is a Data Protection Bill from 2023 that is pending approval.
There are certain regulations in the financial sector related to data protection, namely:
- The Financial Institutions Act of 1995;
- The Anti-Money Laundering;
- The Countering the Financing of Terrorism Act No. 13 of 2009;
- The Credit Reporting Act of 2010.
Coverage Horizontal

GUYANA

Since December 1998, last amended in December 2015

Pillar Domestic data policies  |  Indicator 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

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