LESOTHO
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
Lesotho has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
LESOTHO
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Lesotho has no rules applicable to the protection of trade secrets.
Coverage Horizontal
LESOTHO
N/A
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
It is reported that there is no obligation for passive infrastructure sharing in the country to deliver telecom services to end users. However, it is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
LESOTHO
Since March 2023
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Public Procurement Act, 2023
Under Art. 84 of the Public Procurement Act 2023, which replaces the Public Financial Management and Accountability Act of 2011, international competitive tendering must be conducted if: (i) the estimated contract value exceeds a specified threshold outlined in Schedule 2; (ii) effective competition cannot be achieved without inviting foreign firms to participate; or (iii) the required goods or services are exclusively available from a foreign firm. According to the Schedule, the thresholds for Open International Competitive Tenders are as follows: contracts for Goods, Plant, or ICT with an estimated value exceeding LSL 3,000,000 (approx. USD 159,000), and contracts for Works with an estimated value exceeding LSL 50,000,000 (approx. USD 2.65 million).
Coverage Horizontal
LESOTHO
Since March 2023
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Public Procurement Act, 2023
According to Art. 11.3 of the Public Procurement Act, which repeals the Public Financial Management and accountability Act of 2011, joint ventures shall be subject to a preference margin.
Coverage Horizontal
LESOTHO
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)
0.85%
Coverage rate of zero-tariffs on ICT goods (%)
72.25%
Coverage: ICT 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
LESOTHO
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the 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)
Lesotho 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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LESOTHO
Since March 2023
Since January 2007, last amended in March 2018
Since January 2007, last amended in March 2018
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Public Procurement Act, 2023
Public Procurement Regulations 2007
Public Procurement Regulations 2007
According to Art. 78.3 of the Public Procurement Act, which repeals the Public Financial Management and accountability Act of 2011, a procuring entity shall grant a 15% margin of preference to a Basotho business in evaluating a tender proposal which exceeds an amount specified in Schedule 2 if they hold a majority shareholding of 51% and above.
Moreover, under Art. 78.4, a procurement unit shall grant a 10% margin of preference in evaluating a tender proposal to the following bodies: (a) a business that can demonstrate a shareholding of between 30% percent and 50% by a Lesotho national; or (b) a tenderer (i) tendering to supply goods of Lesotho origin; (ii) proposing to perform at least 50% of a contract in Lesotho by setting up a necessary business and by using and developing the capacity of Basotho staff in the process; (iii) proposing to sub-contract at least 50% of a contract to a domestic business; (iv) who has the largest use of locally produced goods, material and service; or (v) who employ the largest share of local labour.
In addition, pursuant to Art. 78.5 of the Public Procurement Act, a procurement unit shall grant a 5% margin of preference in evaluating a tender proposal to a business which holds a shareholding of between 10% and 30% by a Lesotho national.
Pursuant to Section 12 of the Public Procurement Regulations, which is still applicable until the publication of the new 2023 Public Procurement Act Regulations, in evaluating proposals, the procurement unit grants a margin of preference for nationals as follows:
- 15% to a local business with a majority shareholding of at least 51%;
- 10% to (a) a business owned between 30% and 50% by Lesotho nationals, (b) a tenderer bidding to supply goods of Lesotho origin, (c) a tenderer performing at least 50% of the contract in Lesotho and using and developing the capacity of Basotho staff, (d) a tenderer subcontracting at least 50% of the contract to one or more Basotho businesses, (e) a tenderer that has the largest use of locally produced goods, materials, and services, or (f) a tenderer employing the largest share of local labour;
- 5% to a business owned between 10% and 30% by Lesotho nationals.
Moreover, under Art. 78.4, a procurement unit shall grant a 10% margin of preference in evaluating a tender proposal to the following bodies: (a) a business that can demonstrate a shareholding of between 30% percent and 50% by a Lesotho national; or (b) a tenderer (i) tendering to supply goods of Lesotho origin; (ii) proposing to perform at least 50% of a contract in Lesotho by setting up a necessary business and by using and developing the capacity of Basotho staff in the process; (iii) proposing to sub-contract at least 50% of a contract to a domestic business; (iv) who has the largest use of locally produced goods, material and service; or (v) who employ the largest share of local labour.
In addition, pursuant to Art. 78.5 of the Public Procurement Act, a procurement unit shall grant a 5% margin of preference in evaluating a tender proposal to a business which holds a shareholding of between 10% and 30% by a Lesotho national.
Pursuant to Section 12 of the Public Procurement Regulations, which is still applicable until the publication of the new 2023 Public Procurement Act Regulations, in evaluating proposals, the procurement unit grants a margin of preference for nationals as follows:
- 15% to a local business with a majority shareholding of at least 51%;
- 10% to (a) a business owned between 30% and 50% by Lesotho nationals, (b) a tenderer bidding to supply goods of Lesotho origin, (c) a tenderer performing at least 50% of the contract in Lesotho and using and developing the capacity of Basotho staff, (d) a tenderer subcontracting at least 50% of the contract to one or more Basotho businesses, (e) a tenderer that has the largest use of locally produced goods, materials, and services, or (f) a tenderer employing the largest share of local labour;
- 5% to a business owned between 10% and 30% by Lesotho nationals.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240817032147/http://www.finance.gov.ls/documents/laws%20and%20regulations/PUBLIC_PROCUREMENT_REGULATIONS_2007.pdf
- https://web.archive.org/web/20240817032218/http://www.finance.gov.ls/documents/laws%20and%20regulations/Public%20Procurement%20Amendment%20Regulations,%202018.pdf
- https://web.archive.org/web/20231213032654/https://www.trade.gov/country-commercial-guides/lesotho-selling-public-sector
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LESOTHO
Reported in 2021, last reported in 2023
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Commercial presence requirement
It is reported that Lesotho procurement laws and policies require that entities have to first register as legal entities, apply for trading licenses, and register with the Lesotho Revenue Authority for tax purposes in order to apply for public procurement.
Coverage Horizontal
LATVIA
Since June 2014
Since March 1999
Since March 1999
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU
Consumer Rights Protection Law (Patērētāju tiesību aizsardzības likums)
Consumer Rights Protection Law (Patērētāju tiesību aizsardzības likums)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Consumer Rights Protection Law.
Coverage Horizontal
Sources
- https://web.archive.org/web/20201127182954/https://e-justice.europa.eu/content_consumer_rights_directive_201183-639-en.do
- https://web.archive.org/web/20230928043829/https://likumi.lv/ta/en/en/id/23309-consumer-rights-protection-law
- https://web.archive.org/web/20230322070943/https://likumi.lv/ta/id/23309-pateretaju-tiesibu-aizsardzibas-likums
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LATVIA
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
Latvia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
LATVIA
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Latvia 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
LATVIA
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Latvia 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
LATVIA
Since March 2010, entry into force in May 2010, last amended in 2018
Since July 2010, as amended in November 2020, last amended in September 2022
Since July 2010, as amended in November 2020, last amended in September 2022
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Local content requirements (LCRs) on ICT goods for the commercial market
EU Directive on Audiovisual Media Services (AVMS)
Electronic Mass Media Law (Elektronisko plašsaziņas līdzekļu likums)
Electronic Mass Media Law (Elektronisko plašsaziņas līdzekļu likums)
The EU Directive on Audiovisual Media Services (AVMS) covers traditional broadcasting services as well as audiovisual media services provided on-demand, including via the Internet. Art. 13.1 provides for Member States to secure a minimum 30% share of European works in the catalogues as well as "ensuring prominence" of those works. "Prominence" involves promoting European works by facilitating access to such works using any appropriate means to ensure their prominence. The Directive has been implemented by Member States in different ways, ranging from very extensive and detailed measures to a mere reference to the general obligation to promote European works.
In Latvia, the EU Directive was transposed into domestic law through the amendment of the Electronic Mass Media Law of November 2020 (LV, 223, 17.11.2020). According to Art. 23.5 of the Law, electronic media providers offering on-demand audiovisual services must ensure that at least 30% of their catalogue consists of European audiovisual works. Additionally, Latvia has not implemented financial contribution obligations for VOD service providers.
In Latvia, the EU Directive was transposed into domestic law through the amendment of the Electronic Mass Media Law of November 2020 (LV, 223, 17.11.2020). According to Art. 23.5 of the Law, electronic media providers offering on-demand audiovisual services must ensure that at least 30% of their catalogue consists of European audiovisual works. Additionally, Latvia has not implemented financial contribution obligations for VOD service providers.
Coverage On-demand audiovisual services
Sources
- https://web.archive.org/web/20221107114712/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32010L0013&from=EN
- https://web.archive.org/web/20231002184356/https://eur-lex.europa.eu/eli/dir/2018/1808/oj
- https://web.archive.org/web/20230930201357/https://likumi.lv/ta/en/en/id/214039-electronic-mass-media-law
- https://web.archive.org/web/20240609131307/https://rm.coe.int/iris-plus-2022-2-tables/1680a6889d
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