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BOTSWANA

Since November 2021

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Public Procurement Act, 2021
Section 80 of the Public Procurement Act stipulates that a preference may apply for supplies of any product produced in Botswana. The degree of preference may vary depending on the percentage of value addition or local content. The Public Procurement Act repealed the Public Procurement and Asset Disposal Act, which contained a similar measure in Section 75.
Coverage Horizontal

BOTSWANA

Since November 2021
Since March 2023

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Public Procurement Act, 2021

Public Procurement Regulations, 2023
In accordance with Section 81 of the Public Procurement Act, primary contractors, whether domestic or foreign, may be required to engage citizen subcontractors as part of their bid submission or during the execution of a bid award. Additionally, Regulation 86 of the Public Procurement Regulations stipulates that when a primary contractor enters into a contractual arrangement with a citizen subcontractor under Section 81 of the Act, a margin of preference shall be applied to the evaluated tender price. Furthermore, Section 97 of the Public Procurement Regulations specifies that when a procuring entity considers subcontracting feasible, it should facilitate this to enhance the skills and contracting capacity of fully citizen-owned micro, small, and medium enterprises. In such cases, the primary contractor is required to subcontract a portion of the total value of works, services, or supplies to a citizen, citizen contractor, or local contractor.
The Public Procurement Act repealed the Public Procurement and Asset Disposal Act, which contained a similar measure in Section 76.
Coverage Horizontal

BOTSWANA

Since November 2021

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Public Procurement Act, 2021
According to Art. 92 of the Public Procurement Act, a contractor who intends to bid for a procurement may apply to the Authority to be listed in the Contractors' Register. To do so, the contractor should be licensed under the relevant laws of Botswana and domiciled in the country. The authority shall review the Contractors' Registry every five years and delete any contractor who has not applied for a renewal of the certificate registration.
Coverage Horizontal

BOTSWANA

Since March 2023

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Public Procurement Regulations, 2023
In accordance with Section 85 of the Public Procurement Regulations, procuring entities must include a mandatory provision in tender documents requiring successful bidders to transfer technological or other skills to citizens or local contractors. This transfer is to be achieved through training, mentoring, and active participation. Additionally, the tender document must reserve employment opportunities for citizens in works, consultancy services, and non-consultancy services, including positions at the professional and management levels.
Coverage Horizontal

BOLIVIA

N/A

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Lack of framework for consumer protection
Bolivia lacks a framework for consumer protection applicable to online commerce.
Coverage Horizontal

BOLIVIA

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the United Nations (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
Bolivia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

BOLIVIA

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Bolivia 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

BOLIVIA

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
Bolivia 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

BOLIVIA

Since October 2012
Since December 2013

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
Supreme Decree No. 1391 - General Regulation to the Telecommunications and Information and Communication (Decreto Supremo No. 1391 - Reglamento General de Telecomunicaciones e Información y Comunicación)

Administrative Resolution ATT-DJ-RA TL 1022/2013 (Resolución Administrativa Regulatoria ATT-DJ-RA TL 1022/2013)
According to Arts. 14-15 of the Supreme Decree 1391, a homologation process is needed for telecom products, which requires an administrative resolution by the "Autoridad de Regulación y Fiscalización de Telecomunicaciones y Transportes" (ATT). Moreover, Art. 16 states that to import telecom equipment and antennas used for satellite receiving, a previous authorisation by the ATT is needed. The products that require approval include: modems, wireless telephones, transceiver terminals, equipment for television broadcasting, equipment for sound broadcasting, equipment for Earth stations, power amplifiers for radio frequency, transceivers and transmitters switching stations, equipment for data networks, multiplexers, and optical line terminal equipment.
According to Art. 18 of Administrative Resolution ATT-DJ-RA TL 1022/2013, international test reports are accepted for the homologation process to obtain a certificate of conformity. Acceptable international test reports include CE and FCC test reports. However, technical documents must be reviewed and validated by ATT.
Coverage Telecom equipment

BOLIVIA

Since August 2000

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Regulations to the Customs Law - Supreme Decree No. 25870 (Reglamento de la Ley de Aduanas, Decreto Supremo No. 25870)
According to Art. 195 of the Supreme Decree No. 25870, the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 100, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC). This regime only applies to shipments imported through the "Empresa de Correos de Bolivia" (ECOBOL), the designated postal operator. Parcel post and express shipments may be imported through ECOBOL, free of customs duties. These shipments are defined as those containing goods that are not sent by commercial companies, whose importation is neither prohibited nor subject to prior authorisation, and which meet the specified value threshold.
Coverage Horizontal

BOLIVIA

N/A

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
It is reported that a basic legal framework on intermediary liability beyond copyright infringement is absent in Bolivia's law and jurisprudence.
Coverage Internet intermediaries

BOLIVIA

Since April 2020

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Communication by the Telecommunications and Transportation Regulation and Supervision Authority (ATT)
According to a Communication by the Telecommunications and Transportation Regulation and Supervision Authority (ATT), when acquiring new SIM cards, it is necessary to fill out the Account Ownership and Mobile Terminal Equipment Registers before the respective operator, providing accurate information and data, in order to identify those responsible for the use of mobile telecommunication services.
Coverage Telecommunications sector

BOLIVIA

Since April 1992
Since December 1993

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Copyright law with clear exceptions
Law No. 1322 - Copyright Law (Ley No. 1322 - Ley de Derecho de Autor)

Andean Community, Régimen Común sobre Derecho de Autor y Derechos Conexos (Common Regime on Copyright and Neighboring Rights Decision 351), Official Gazette of the Andean Community No. 145
Bolivia has a copyright regime under the Law No. 1322. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Art. 24 lists the exceptions, which include citation of an author as long as it is for teaching or research purposes, in accordance with honest uses, to the extent justified by the purpose pursued and not abusive. Furthermore, Bolivia is a member of the Andean Community of Nations and is subject to Decision 351, issued in 1993. Art. 22 of the Decision sets forth a list of mandatory exceptions in the internal market but also allows the adoption of additional exceptions in the domestic law of members, as long as they comply with the international standards of the so-called three-step test.
Coverage Horizontal

BOLIVIA

Reported in 2020, last reported in 2023

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
It is reported that copyright is not adequately enforced online in the country. Significant challenges persist with respect to adequate and effective IP enforcement and communication between the "Servicio Nacional de Propiedad Intelectual" (SENAPI) and customs. Video, music, literature, and software piracy rates are among the highest in Latin America.
Coverage Horizontal

BOLIVIA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
Lack of ratification of the WIPO Copyright Treaty
Bolivia has signed the World Intellectual Property Organization (WIPO) Copyright Treaty in December 1996, but has not ratified it.
Coverage Horizontal

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