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. In addition, according to Art. 49 of the Electronic Transaction Act, a person using electronic communications to sell goods or services to consumers shall provide accurate, clear, and accessible information about themselves, describe the goods or services offered, and information about the terms, conditions, and costs associated with a transaction, among others.
Coverage Horizontal
BELIZE
N/A
Pillar Online sales and transactions |
Sub-pillar 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
Belize has not signed the United Nations (UN) Convention on the Use of Electronic Communications.
Coverage Horizontal
BELIZE
Since December 2014
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
Direction No. 11 - Inward Investment and Approved Status and Outward Investment
According to Art. 2 of the Direction No. 11, foreign investment must be registered with the Central Bank of Belize (CBB) and obtain an “Approved Status” from the Central Bank to ease inflows and outflows of foreign currency and repatriate funds. It is reported that effective June 2022, the CBB accepts via email all foreign exchange requests requiring approval to expedite the application process and to centralize applicants’ data.
Coverage Horizontal
Sources
- https://www.centralbank.org.bz/docs/default-source/2.6-exchange-control-act/2.6-exchange-control-direction/exchange-control-direction-number-11-of-2014.pdf?sfvrsn=84228135_4
- https://www.state.gov/reports/2019-investment-climate-statements/belize/
- https://www.state.gov/reports/2022-investment-climate-statements/belize/#:~:text=There%20are%20no%20laws%20that,to%20do%20business%20in%20Belize
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BELIZE
N/A
Pillar Online sales and transactions |
Sub-pillar 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 50.
Coverage Horizontal
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 utilize radio frequency and cellular technologies require the Public Utilities Commission (PUC) type approval and certification before import and commercialization. According to Art. 5.1 of Statutory Instrument 152, the PUC may recognize approvals granted by other countries. In addition, according to Art. 5.3 where a licensed telecommunications operator or provider wishes to supply customer premises equipment and related services, it shall be sufficient if that operator or provider 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 labeling. However, technical documents will be reviewed and validated by the PUC during the approval process.
Coverage Electronic products
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 item of Telecommunication equipment in Belize unless the PUC grants a permit in respect of that type of equipment.
Coverage Telecommunications sector
BELIZE
Since October 2004
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Online Gaming Regulations 2004
According to Art. 4 of Online Gaming Regulations, any person who conducts or intends to conduct any online gaming in or from within Belize shall apply to the Gaming Control Board for a licence to do so in the form prescribe in this regulation.
Coverage Online gaming
BELIZE
Since December 1976, last amended in January 2012
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Trade Licensing Act, 1976
According to Art. 27 of the Trade Licensing Act, any person wishing to commence a service business must obtain a license and pay an annual fee. In addition, any person who carries on a business without first obtaining a license from the Board commits an offense and is liable on summary conviction for each offense to a fine not exceeding one hundred dollars.
Coverage Horizontal
BELIZE
Since October 2021
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for copyright infringement
Electronic Transactions Act, 2021
According to Art. 46 of the Electronic Transactions Act, an intermediary or provider of electronic commerce services shall not be subject to any civil or criminal liability concerning any information contained in an electronic record in connection with which the intermediary provides services if the intermediary was not the initiator of the record and the intermediary or provider of electronic interchange services
Coverage Horizontal
BELIZE
Since October 2021
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Electronic Transactions Act, 2021
According to Art. 46 of the Electronic Transactions Act, an intermediary or provider of electronic commerce services shall not be subject to any civil or criminal liability concerning any information contained in an electronic record in connection with which the intermediary provides services if the intermediary was not the initiator of the record and the intermediary or provider of electronic interchange services
Coverage Horizontal
BELIZE
Reported in 2021
Pillar Intermediary liability |
Sub-pillar User identity requirement
Mandatory SIM card registration
It is reported that Belize imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card, or a passport in case of foreigners, to activate a new prepaid SIM card.
Coverage Telecommunications sector
BELIZE
Since November 2021
Pillar Domestic data policies |
Sub-pillar Framework for data protection
Lack of comprehensive data protection law
The country does not have a comprehensive regime in place for all personal data, but it has sectoral regulation including:
- The Public Sector Data Sharing Act;
- The Electronic Transaction Act;
- The Electronic Evidence Act;
- The Electronic Transfer of Funds Crimes Act;
- The Digital Government Act.
In addition, the Data Protection Law was signed in November 2021, however it has not yet entered into force. According to Art. 97, the law comes into force on a day to be appointed by the Minister by Order published in the Gazette. The law will provide a comprehensive regime of data protection in Belize. It promotes the protection of personal data processed by public and private bodies and provides for the establishment of the office of information commissioner and for related matters.
- The Public Sector Data Sharing Act;
- The Electronic Transaction Act;
- The Electronic Evidence Act;
- The Electronic Transfer of Funds Crimes Act;
- The Digital Government Act.
In addition, the Data Protection Law was signed in November 2021, however it has not yet entered into force. According to Art. 97, the law comes into force on a day to be appointed by the Minister by Order published in the Gazette. The law will provide a comprehensive regime of data protection in Belize. It promotes the protection of personal data processed by public and private bodies and provides for the establishment of the office of information commissioner and for related matters.
Coverage Horizontal
Sources
- https://www.nationalassembly.gov.bz/wp-content/uploads/2021/12/Act-No-45-of-2021-Data-Protection-Act.pdf
- https://www.nationalassembly.gov.bz/wp-content/uploads/2021/10/Act-No-27-of-2021-Public-Sector-Data-Sharing.pdf
- https://www.nationalassembly.gov.bz/wp-content/uploads/2021/09/Act-No-21-of-2021-Electronic-Evidence.pdf
- https://www.nationalassembly.gov.bz/wp-content/uploads/2020/10/Act-No.-32-of-2020-Cybercrime.pdf
- https://www.agm.gov.bz/uploads/laws/639771ad867b9_Act_No._24_of_2022_Digital_Government_Act__2022.pdf
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BELIZE
N/A
Pillar Cross-border data policies |
Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Belize has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
BELIZE
Since August 1999
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of an independent telecom authority
Public Utilities Commission Act, 1999
According to Arts. 3 and 22 of the Public Utilities Commission Act, there shall be an autonomous institution to be known as the Public Utilities Commission which ensure that the public services are satisfactory and the charges imposed by the public services are reasonable. This institution shall regulate, among others, the telecommunications sector.
Coverage Horizontal
BELIZE
Since August 2009
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Belize Telecommunications (Assumption of Control over Belize Telemedia Limited) Order, Statutory Instrument No. 104 of 2009
In August 2009, the government of Belize nationalized the British telecom company Telemedia now called Belize Telemedia Limited) obtaining 94% of the shares through the Belize Telecommunications (Assumption of Control over Belize Telemedia Limited) Order, Statutory Instrument No. 104 of 2009. Furthermore, in December 2009 the government further acquired all proprietary and other rights and interests whatsoever held by the British Caribbean Bank's through the Belize Telecommunications (Assumption of Control over Belize Telemedia Limited) (Amendment) Order, Statutory Instrument No. 130 of 2009.
Furthermore, a few years later, it is reported that in June 2011, the Court of Appeal struck down the 2009 acquisition legislation as being unconstitutional and declared it null and void (Civil Appeal No. 30 of 2010). However, a couple of weeks later, the government passed the Telecommunications (Amendment) Act 20115 ('2011 Acquisition Legislation'), the Belize Constitution (Eighth Amendment) Act 20117 ('Constitutional Amendment Legislation') and made subsidiary Orders to reacquire the Belize Telemedia Limited, among other properties.
It is reported that the Government of Belize owns 83.6% of the shares, of which 34.3% of the shares belong to the Social Security Board and 49.3% belong to the Ministry of Telecommunications. It is reported that the Social Security Board is part of the portfolio of the Minister of Finance, who appoints a Board of Directors to administer the program and directors representing employers.
Furthermore, a few years later, it is reported that in June 2011, the Court of Appeal struck down the 2009 acquisition legislation as being unconstitutional and declared it null and void (Civil Appeal No. 30 of 2010). However, a couple of weeks later, the government passed the Telecommunications (Amendment) Act 20115 ('2011 Acquisition Legislation'), the Belize Constitution (Eighth Amendment) Act 20117 ('Constitutional Amendment Legislation') and made subsidiary Orders to reacquire the Belize Telemedia Limited, among other properties.
It is reported that the Government of Belize owns 83.6% of the shares, of which 34.3% of the shares belong to the Social Security Board and 49.3% belong to the Ministry of Telecommunications. It is reported that the Social Security Board is part of the portfolio of the Minister of Finance, who appoints a Board of Directors to administer the program and directors representing employers.
Coverage Belize Telemedia Limited