BARBADOS
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
There is no obligation for passive infrastructure sharing in the country to deliver telecom services to end users. However, it is practised in the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
BARBADOS
Reported in 2007, last reported in 2023
Pillar Telecom infrastructure & competition |
Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
Maximum foreign equity shares in the telecommunications sector
It is reported that at least 25% of the equity in a telecommunications carrier must be held by Barbadian natural or legal persons. Furthermore, it is indicated that the authorities have noted that mobile virtual network operators (MVNOs) are also subject to the same ownership structure requirement.
Coverage Telecommunications sector, including mobile virtual network operators
BARBADOS
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
Barbados mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
BARBADOS
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Signature of the World Trade Organization (WTO) Telecom Reference Paper
Partial appendment of WTO Telecom Reference Paper to schedule of commitments
Barbados has only partially appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
BARBADOS
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
9.04%
Coverage rate of zero-tariffs on ICT goods (%)
29.37%
Coverage: Digital 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.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
BARBADOS
N/A
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Participation in the World Trade Organization (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)
Barbados 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.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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BARBADOS
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the World Trade Organization (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)
Barbados is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
BARBADOS
Reported in 2007, last reported in 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Maximum foreign equity shares in the telecommunications sector
It is reported that at least 25% of the equity in a telecommunications carrier must be held by Barbadian natural or legal persons. Furthermore, it is indicated that the authorities have noted that mobile virtual network operators (MVNOs) are also subject to the same ownership structure requirement.
Coverage Telecommunications sector, including mobile virtual network operators
BARBADOS
Since August 2001, last amended in February 2006
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the application process for patents
Patent Act, Chapter 314
According to Art 17.5 of the Patent Act, an applicant (both foreigner and local) for a patent must be represented by a patent agent in Barbados. In addition, it is reported that to be a patent agent in Barbados, it is mandatory to be an attorney-at-law licensed and registered with the Corporate Affairs and Intellectual Property Office.
Coverage Horizontal
BAHRAIN
Since October 2015
Since 2016
Since 2016
Pillar Online sales and transactions |
Sub-pillar Licensing scheme for e-commerce providers
Legislative Decree No. 27 of 2015 on the Commercial Register
((مرسوم بقانون رقم )27( لسنة 2015 بشأن السجل التجاري))
"Resolution No. 152/2016 Allowing the Pursuit of Commercial Activities Virtually
(وعلى القرار رقم (152) لسنة 2016 بشأن السماح بمزاولة أنشطة تجارية من خلال محل تجاري افتراضي،)"
((مرسوم بقانون رقم )27( لسنة 2015 بشأن السجل التجاري))
"Resolution No. 152/2016 Allowing the Pursuit of Commercial Activities Virtually
(وعلى القرار رقم (152) لسنة 2016 بشأن السماح بمزاولة أنشطة تجارية من خلال محل تجاري افتراضي،)"
The Legislative Decree No. 27 generally applies to all businesses carrying out commercial activities in Bahrain, including branches of foreign companies. According to Arts. 8-9 of the Decree, all businesses are required to be registered with the Ministry of Industry and Commerce (MOIC) and appropriately licensed by the relevant regulated body to carry out particular activities. The government's websites report that these activities include the operations of e-marketplaces (ISIC activity 6312) and retail sales via the internet (ISIC activity 4791).
This is also confirmed by Resolution No. 152/2016, which imposes a licensing requirement for the operation of eMarketplaces, defined as online marketplaces where products of other licensed businesses are displayed, listed, or advertised (i.e. the products are not owned by the commercial registration owner of the eMarketplace).
This is also confirmed by Resolution No. 152/2016, which imposes a licensing requirement for the operation of eMarketplaces, defined as online marketplaces where products of other licensed businesses are displayed, listed, or advertised (i.e. the products are not owned by the commercial registration owner of the eMarketplace).
Coverage E-commerce sector
BAHRAIN
Reported in 2021, last reported in 2023
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
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 790, above the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
BAHRAIN
Since July 2012
Since November 2018
Since November 2018
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Law No. 35 of 2012 with respect to Consumer Protection
(قانون رقم 35 لسنة 2012 بشأن حماية المستهلك)
Decree No. 54 of 2018 issuing the Law on Electronic Communications and Transactions
(مرسوم بقانون رقم 54 لسنة 2018 بإصدار قانون الخطابات والمعاملات الإلكترونية)
(قانون رقم 35 لسنة 2012 بشأن حماية المستهلك)
Decree No. 54 of 2018 issuing the Law on Electronic Communications and Transactions
(مرسوم بقانون رقم 54 لسنة 2018 بإصدار قانون الخطابات والمعاملات الإلكترونية)
Bahrain has a legal framework that applies consumer protection to online transactions. Law No. 35 of 2012 on Consumer Protection governs consumer protection matters in general. In addition, Decree No. 54 of 2018, issuing the Law on Electronic Communications and Transactions, updates a repealed law and expands the range of transactions that may be carried out electronically. Under the the Decree electronic signatures are generally considered valid and binding under the law, but Bahraini authorities have yet to register accredited certification service providers.
Coverage Horizontal
Sources
- https://web.archive.org/web/20211020222805/https://bahrainbusinesslaws.com/laws/Consumer-Protection-Law
- https://www.trade.gov/country-commercial-guides/bahrain-ecommerce
- https://web.archive.org/web/20201024212518/https://bahrain.bh/wps/wcm/connect/be6c6387-ae70-44ad-8755-1986fb2eedd2/%D9%85%D8%B1%D8%B3%D9%88%D9%85+%D8%A8%D9%82%D8%A7%D9%86%D9%88%D9%86+%D8%B1%D9%82%D9%8...
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BAHRAIN
Since June 2020, in force since January 2021
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
Bahrain has signed and ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
BAHRAIN
Since November 2018
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
Bahrain 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