According to Art. 52(b)(v) of the 2011 Framework Regional Integration Policy on Public Procurement, CARICOM member States may apply a margin of preference in favour of regional suppliers. However, the provision does not specify the level or percentage of the margin of preference.

Art. 43 of the Public Procurement Act of 2023 permits preferential treatment for specific groups, including small and medium-sized enterprises (SMEs), businesses owned by women and young people, and businesses operating on less developed islands. A margin of preference should be applied to eligible bids in accordance with any rules prescribed by regulations (Art. 37.4.g). However, the regulations have not yet been adopted. The Public Procurement Act of 2023 repealed and replaced the Public Procurement Act of 2021, which contained the same restriction in its Art. 46. However, the 2021 Act did not elucidate the beneficiaries of the preferential treatment.

According to Art. 27 of the Public Procurement Act 2023, where the estimated contract amount in a proposed procurement is below the threshold of BSD 155,000 (approx. USD 155,000), the procurement shall be by open competitive bidding limited to national bidders. On the other hand, when the amount is equal to or higher than BSD 155,000, the procurement shall be open to national and international bidders. However, a procuring entity may apply to the Chief Procurement Officer for approval to open any procurement with a contract value below BSD 155,000 to international bidders. It is reported that international bidders must register with the Public Procurement Department. The Public Procurement Act of 2023 repealed and replaced the Public Procurement Act of 2021, which contained the same restriction in its Art. 31.

Although the Public Procurement Act of 2023 seeks to overhaul the administration of government contracts and strengthen transparency and accountability in procurement processes, stakeholders reportedly continue to identify gaps in the enforcement of procurement rules and risks of favouritism in contract awards. Firms have also reported perceived corruption in government procurement.

The Bahamas is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). In fact, the country is not a member of the WTO.

The Bahamas’ National Investment Policy provides that foreign direct investment is to receive treatment equivalent to that afforded to domestic investors. Although the policy reserves certain business sectors for Bahamian nationals, none of these sectors are directly relevant to digital trade.

According to the Ministry of Finance’s official website, all foreigners and permanent residents seeking to conduct business in The Bahamas must submit a project proposal to the Bahamas Investment Authority (BIA). The BIA operates as a “one-stop shop” to assist investors in navigating the approval process across the various government departments and agencies, ensuring that all requirements are met before the investment application is forwarded to the National Economic Council or the Cabinet for approval. BIA services are available to all investors whose projects meet the minimum investment threshold of BSD 500,000 (approx. USD 500,000).
The BIA’s Project Proposal Guidelines set out the information and documentation that investors are required to submit, in line with the National Investment Policy. This includes, inter alia, the designation of a local representative (such as an attorney, accountant or agent) and the provision of an environmental impact assessment. It has been reported, however, that companies have raised concerns about significant delays in the FDI approval process, including instances in which the government has reportedly failed to respond to investment applications.

According to Art. 18 of the Patents Act 2024, where an applicant’s ordinary residence or principal place of business is outside The Bahamas, the applicant must provide an address for service within The Bahamas.
In addition, under Art. 9 of Patents Regulations 2025, every person with an interest in proceedings to which the Regulations apply, as well as every patentee, must furnish the Registrar with an address for service in The Bahamas. The address must include the street address and any other information necessary to enable the place of business or location of the person to be easily identified, and may be supplemented by an electronic address for service.

The Bahamas is not a party to the Patent Cooperation Treaty (PCT).

The Bahamas has a clear regime of copyright exceptions that follows the fair dealing model, which enables the lawful use of copyrighted work by others without obtaining permission. Part VII of the Copyright Act of 2024 lists the exceptions, which include: research, private study, and criticism, among others.

The Bahamas has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.

The Bahamas has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

Austria has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.

Austria has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.