BOLIVIA
Since June 2009
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Supreme Decree No. 0181 - Basic Standards for the Goods and Services Administration System (Decreto Supremo No. 0181 - Normas Básicas del Sistema de Administración de Bienes y Servicios)
According to Art. 29 of Supreme Decree No. 0181, the procurement of goods must be directed towards national production. II. For goods not produced within the country, the entity may procure imported goods.
Coverage Horizontal
BOLIVIA
Since June 2009
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Supreme Decree No. 0181 - Basic Standards for the Goods and Services Administration System (Decreto Supremo No. 0181 - Normas Básicas del Sistema de Administración de Bienes y Servicios)
According to Art. 60 of Supreme Decree No. 0181, the modality for the procurement of goods and services applicable when the amount exceeds BOB 1,000,000 (approximately USD 140,000), allowing the participation of an unlimited number of proponents, is as follows:
i) National Public Call, for contracts exceeding BOB 1,000,000 (approximately USD 140,000) and up to BOB 40,000,000 (approximately USD 5.6 million).
ii) International Public Call, for contracts exceeding BOB 40,000,000 (approximately USD 5.6 million).
i) National Public Call, for contracts exceeding BOB 1,000,000 (approximately USD 140,000) and up to BOB 40,000,000 (approximately USD 5.6 million).
ii) International Public Call, for contracts exceeding BOB 40,000,000 (approximately USD 5.6 million).
Coverage Horizontal
BOLIVIA
Since June 2009
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Supreme Decree No. 0181 - Basic Standards for the Goods and Services Administration System (Decreto Supremo No. 0181 - Normas Básicas del Sistema de Administración de Bienes y Servicios)
According to Art. 30 of Supreme Decree No. 0181, the procurement of goods is subject to specific preference margins and adjustment factors, depending on the modality. Under the Public Tender modality, a 10% preference margin is also granted to domestically produced goods, regardless of input origin, with an adjustment factor of 0.90. If national components make up between 30% and 50% of the production cost, a 20% preference margin is applied, with an adjustment factor of 0.80. When national components exceed 50% of the production cost, a 25% preference margin is granted, with an adjustment factor of 0.75.
Coverage Horizontal
BOLIVIA
Since June 2009
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Supreme Decree No. 0181 - Basic Standards for the Goods and Services Administration System (Decreto Supremo No. 0181 - Normas Básicas del Sistema de Administración de Bienes y Servicios)
According to Art. 31 of Supreme Decree No. 0181, in the procurement of goods and services under the Public Tender modality, a 20% preference margin is applied to the offered price for Micro and Small Enterprises, Associations of Small Urban and Rural Producers, and Rural Economic Organizations. The adjustment factor is 0.80.
Coverage Horizontal
BOLIVIA
Reported in 2018, last reported in 2023
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
It is reported that the bidding process in Bolivia is not transparent, as Government requirements and bidding details are not always defined, and procurement announcements are not always made public. Among other things, none of the state-owned companies in the strategic sectors (including the telecommunications sector) are required to publish tenders through the official procurement website "Sistema de Información de Contrataciones Estatales". In addition, concerns are raised that these state-owned companies are not obliged to follow the procedures established in the national procurement law.
Coverage Horizontal
BELIZE
N/A
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Belize does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal
BELIZE
Since July 2022
Pillar Online sales and transactions |
Sub-pillar Local presence requirements for digital services providers
Belize Companies Act, 2022
According to Art. 194 of the Belize Companies Act, a foreign company that carries on business in Belize shall, at all times, have a Registered Agent in the country. Pursuant to Art. 194.2, no person shall act, or agree to act, as the Registered Agent of a foreign company unless that person has obtained a licence from the Financial Services Commission established under the Financial Services Commission Act or any other applicable enactment. According to Art. 3, a foreign company means a body corporate incorporated, registered or formed outside Belize.
Coverage Foreign companies
Sources
- https://web.archive.org/web/20230125204019/https://www.agm.gov.bz/uploads/laws/639771ad84fb6_Act_No._11_of_2022_Belize_Companies_Act__2022.pdf
- https://companyformationbelize.com/what-is-a-registered-agent-in-belize/
- https://www.state.gov/reports/2022-investment-climate-statements/belize/#:~:text=There%20are%20no%20laws%20that,to%20do%20business%20in%20Belize
- Show more...
BELIZE
Since October 2021
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Electronic Transactions Act, 2021
The Electronic Transactions Act provides a comprehensive consumer protection framework that applies to online transactions. According to Art. 49, a person using electronic communications to sell goods or services to consumers shall (i) provide accurate, clear, and accessible information about themselves; (ii) describe the goods or services offered; and (iii) provide information about the terms, conditions, and costs associated with a transaction, among others.
Coverage Horizontal
BELIZE
Since January 2023, entry into force in August 2023
Pillar Online sales and transactions |
Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
UN Convention on the Use of Electronic Communications in International Contracts
Belize has signed and ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
BELIZE
Since 2021
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Belize 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
BELIZE
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
Belize 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
BELIZE
Since January 2017
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Public Utilities Commission Resolution
According to the Public Utilities Commission (PUC) Resolution, no person or entity shall import, install, sell or use any telecom equipment in Belize without a permit from the PUC.
Coverage Telecom equipment
BELIZE
Since December 2002, last amended in December 2022
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Self-certification for product safety
Statutory Instrument 152, 2002: Regulation for Type Approvals
It is reported that all products that utilise radio frequency and cellular technologies require the Public Utilities Commission (PUC) type approval and certification before import and commercialisation. According to Art. 5.1 of Statutory Instrument 152, the PUC may recognise approvals granted by other countries. In addition, according to Art. 5.3, where a licensed telecommunications operator wishes to supply customer premises equipment and related services, it shall be sufficient if that operator attaches a report to the application showing that the equipment has conformed to the acceptance testing requirements or international type approval. Finally, it is reported that Belize does not require in-country testing, local representation, or specific labelling. However, technical documents will be reviewed and validated by the PUC during the approval process.
Coverage Electronic products
BELIZE
Since October 2021
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for copyright infringement
Electronic Transactions Act, 2021
The Electronic Transactions Act establishes a safe harbour regime for intermediaries for copyright infringements. Under Section 46 of the Act, intermediaries or electronic commerce service providers are not subject to civil or criminal liability for information in an electronic record they did not originate, provided they meet the following conditions:
- They have no actual knowledge of the information causing civil or criminal liability.
- They are unaware of facts or circumstances indicating a likelihood of such liability.
- They follow the take-down procedure in Section 47 if:
(i) They acquire knowledge that the information gives rise to criminal liability.
(ii) They become aware of facts or circumstances indicating a likelihood of civil or criminal liability.
- They have no actual knowledge of the information causing civil or criminal liability.
- They are unaware of facts or circumstances indicating a likelihood of such liability.
- They follow the take-down procedure in Section 47 if:
(i) They acquire knowledge that the information gives rise to criminal liability.
(ii) They become aware of facts or circumstances indicating a likelihood of civil or criminal liability.
Coverage Internet intermediaries
BELIZE
Since October 2021
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Electronic Transactions Act, 2021
The Electronic Transactions Act establishes a safe harbour regime for intermediaries beyond copyright infringements. Under Section 46 of the Act, intermediaries or electronic commerce service providers are not subject to civil or criminal liability for information in an electronic record they did not originate, provided they meet the following conditions:
- They have no actual knowledge of the information causing civil or criminal liability.
- They are unaware of facts or circumstances indicating a likelihood of such liability.
- They follow the take-down procedure in Section 47 if:
(i) They acquire knowledge that the information gives rise to criminal liability.
(ii) They become aware of facts or circumstances indicating a likelihood of civil or criminal liability.
- They have no actual knowledge of the information causing civil or criminal liability.
- They are unaware of facts or circumstances indicating a likelihood of such liability.
- They follow the take-down procedure in Section 47 if:
(i) They acquire knowledge that the information gives rise to criminal liability.
(ii) They become aware of facts or circumstances indicating a likelihood of civil or criminal liability.
Coverage Internet intermediaries