GUYANA
Since December 2016
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Telecommunications Act 2016
According to Art. 38.7 of the Telecommunications Act, the Public Utilities Commission may, where it deems appropriate, require that an operator or a service provider put into effect accounting separation between different portions of its telecommunications networks, facilities, and telecommunications services. However, it is reported that functional separation of SMP/dominant network operator(s) is not required by law.
Coverage Telecommunications sector
GUYANA
Since January 1938
Since January 1938, last amended in June 1992
Since January 1938, last amended in June 1992
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Patents Regulations
Patents and Designs Act
Patents and Designs Act
Pursuant to Art. 9(2) of the Patents Regulations, the Registrar will not accept an application for a patent relating to an invention communicated from abroad, or an application filed by a person who is not resident in Guyana at the time of filing, unless the application is submitted through a licensed patent agent. Under Art. 101 of the Patents and Designs Act, the Registrar may grant renewable annual licences to fit and proper Commonwealth citizens who are patent agents.
Coverage Horizontal
GUYANA
Since January 1938
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the enforcement of patents
Patents Regulations
Pursuant to Art. 7 of the Regulations, every applicant and every person who is, or subsequently becomes, a patentee must provide the Registrar with an address for service in Guyana. For all purposes connected with the relevant proceedings or patent, that address may be treated as the applicant’s, opponent’s, or patentee’s effective address.
Coverage Horizontal
GUYANA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Lack of participation in the Patent Cooperation Treaty (PCT)
Guyana is not a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
GUYANA
Since November 1956, as amended in January 1966
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
The Copyright Act, 1956
Guyana 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. Arts. 6-10 of the Copyright Act (amended by the Copyright (British Guiana) Order, 1966) establishes the exceptions, which include purposes of research, private study, criticism or review, among others.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230516154419/https://infojustice.org/wp-content/uploads/2023/04/Band-and-Gerafi-April-2023.pdf
- https://web.archive.org/web/20221229120140/https://www.legislation.gov.uk/ukpga/1956/74/pdfs/ukpga_19560074_en.pdf
- https://web.archive.org/web/20190911073524/https://guyanachronicle.com/2016/07/22/copyright-laws/
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GUYANA
Reported in 2022, last reported in 2024
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
Guyana maintains a legal framework governing intellectual property rights, including patents. However, reported enforcement capacity remains limited, which weakens practical safeguards and facilitates the relatively uninhibited distribution and sale of unlawfully obtained content. It is further reported that, even where rights are formally registered, effective enforcement mechanisms to protect intellectual property rights are lacking in practice.
Coverage Horizontal
Sources
- https://web.archive.org/web/20260121110726/https://www.state.gov/reports/2022-investment-climate-statements/guyana
- https://web.archive.org/web/20231110080013/https://www.wto.org/english/tratop_e/tpr_e/s422_e.pdf
- https://web.archive.org/web/20231211230509/https://www.trade.gov/country-commercial-guides/guyana-protecting-intellectual-property
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GUYANA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Guyana has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
GUYANA
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)
6.9%
Coverage rate of zero-tariffs on ICT goods (%)
37.69%
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.kommerskollegium.se/globalassets/publikationer/rapporter/2024/advancing-the-green-transition.pdf
GUYANA
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)
Guyana 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.kommerskollegium.se/globalassets/publikationer/rapporter/2024/advancing-the-green-transition.pdf
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GUYANA
Since June 2003, entry into force in November 2004, last amended in May 2019
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Procurement Act 2003
According to Art. 39.6 (b) of the Procurement Act 2003, there is a 10% margin of preference for domestic providers or domestically produced goods. However, it is reported that this margin is rarely utilised.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220810073501/https://ppc.org.gy/wp-content/uploads/2020/11/Procurement-Act-2003.pdf
- https://web.archive.org/web/20230203072944/https://ppc.org.gy/the-legislative-framework/
- https://web.archive.org/web/20231110080013/https://www.wto.org/english/tratop_e/tpr_e/s422_e.pdf
- https://web.archive.org/web/20260119104654/https://ppc.org.gy/legislative-framework/#site-panels
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GUYANA
Since March 2004, last amended in February 2021
Since June 2003, as amended in May 2019
Since June 2003, as amended in May 2019
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Small Business Act 2004
Procurement Act 2003
Procurement Act 2003
Under Art. 11 of the Small Business Act 2004, the Government must use its best endeavours to ensure that at least 20% of its annual procurement of goods, services and works is sourced from small businesses. To support this objective, the Small Business Council is required to prepare an annual Small Business Procurement Programme.
In addition, Art. 3A of the Procurement Act 2003, introduced by Art. 2 of the Procurement (Amendment) Act 2019, requires procuring entities to purchase specified goods and services exclusively from small businesses approved under the Small Business Act 2004.
Under Art. 2 of the Small Business Act, a qualifying small business must operate in Guyana and be incorporated or registered under the relevant Guyanese legislation. Accordingly, cross-border foreign suppliers are excluded from procurement reserved for small businesses, although a foreign-owned company established and registered in Guyana may potentially qualify.
Official implementation materials indicated that government contracts valued at up to GYD 30 million (approx. USD 144,000) would be reserved for small businesses. However, no regulations specifying the goods and services covered by Art. 3A have been identified.
In addition, Art. 3A of the Procurement Act 2003, introduced by Art. 2 of the Procurement (Amendment) Act 2019, requires procuring entities to purchase specified goods and services exclusively from small businesses approved under the Small Business Act 2004.
Under Art. 2 of the Small Business Act, a qualifying small business must operate in Guyana and be incorporated or registered under the relevant Guyanese legislation. Accordingly, cross-border foreign suppliers are excluded from procurement reserved for small businesses, although a foreign-owned company established and registered in Guyana may potentially qualify.
Official implementation materials indicated that government contracts valued at up to GYD 30 million (approx. USD 144,000) would be reserved for small businesses. However, no regulations specifying the goods and services covered by Art. 3A have been identified.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220121213357/https://parliament.gov.gy/documents/acts/4631-act_no_2_of_2004.pdf
- https://web.archive.org/web/20220810073501/https://ppc.org.gy/wp-content/uploads/2020/11/Procurement-Act-2003.pdf
- https://www.npta.gov.gy/wp-content/uploads/Procurement-Amendment-Act-2019.pdf
- https://web.archive.org/web/20250905203800/https://dpi.gov.gy/small-businesses-procurement-programme-on-stream/
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GUYANA
Reported in 2011, last reported in 2025
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Lack of transparency in tender procedures
Concerns regarding inefficiencies, corruption and non-transparency in Guyana’s public procurement system have been reported since at least 2011, when the Auditor General was cited as identifying continued disregard for the procedures, rules and laws governing public procurement. Since 2019, reports have also highlighted inefficiencies, possible collusion and non-transparency in contract-award procedures. More specifically, since 2022, government tender processes have been described as slow and opaque, with tenders sometimes changing, expiring or being reissued without timely decisions or adequate communication to bidders. Reports of procurement breaches and contract overpayments continued to be identified in 2025.
Coverage Horizontal
Sources
GUYANA
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Guyana is not a party to the World Trade Organization (WTO) Agreement on Government Procurement, nor does it have observer status.
Coverage Horizontal
GUYANA
Since March 2004
Since May 1995, last amended in September 2018
Since March 1919, last amended in May 2000
Since May 1995, last amended in September 2018
Since March 1919, last amended in May 2000
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Investment Act 2004
Companies Act
Business Names (Registration) Act
Companies Act
Business Names (Registration) Act
According to Art. 12 of the Investment Act, an investment company may be wholly owned by foreign or domestic investors. According to Art. 5 of the Companies Act, incorporation in Guyana does not require residency, but according to Art. 312 external companies must register with the government to conduct business in the country. Under the Business Registration Act, Guyanese companies must use the real surnames of their incorporators or be registered with the government.
Coverage Horizontal
GUATEMALA
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
Guatemala has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
