CABO VERDE
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Cabo Verde is not a party to the World Trade Organisation (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
CABO VERDE
Since April 2015
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Law No. 88/VIII/2015 of 14 April, which approves the Public Procurement Code and establishes the public procurement regime (Lei Nº 88/VIII/2015 de 14 de abril, aprova o Código da Contratação Pública, que estabelece o regime de contratação pública)
Art. 99.4 of the Public Procurement Code provides that factors may be foreseen that grant greater weight to bids submitting goods produced, extracted or farmed in Cabo Verde, or relating to services provided or supplies made by entities of Cabo-Verdean nationality or with registered offices in Cabo-Verdean territory. Moreover, Art. 13 states that in the contract formation procedure, all factors contributing to the promotion of national economic development, production development, procurement, industry and services of Cabo Verde, as well as compliance with national social policies, shall be considered.
Coverage Horizontal
CABO VERDE
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar 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)
Cabo Verde is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
CABO VERDE
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Effective tariff rate to ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
6.82%
Coverage rate of zero-tariffs on ICT goods (%)
53.3%
Coverage: Digital goods
GUYANA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Guyana 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
GUYANA
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention of Electronic Communications
Lack of signature of the UN Convention of Electronic Communications
Guyana has not signed the United Nations (UN) Convention on the Use of Electronic Communications.
Coverage Horizontal
GUYANA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Guyana 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
GUYANA
Since August 2023
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Electronic Communications and Transactions Act 2023
The Electronic Communications and Transactions Act 2023 is the Guyanan framework for the facilitation and regulation of secure electronic communications transactions and receipt, payment, and transfer of money and for their legal recognition to promote the development of the legal and business infrastructure necessary to implement secure electronic commerce. According to Art. 44 of the law (entitled titled Consumer Protection), e-commerce providers are required to (i) provide sufficient information for service of legal process; (ii) give consumers enough information to make an informed decision about the proposed transaction and to maintain an adequate record of the information; (iii) provide enough data for record keeping i.e., receipts; and (iv) empowers the Minister to make regulations relating to the sale of goods or services for e-commerce using e-transactions.
Coverage Horizontal
Sources
- https://www.parliament.gov.gy/publications/acts-of-parliament/electroniccommunicationsandtransactionsact12of2023
- https://mintic.gov.gy/agency/department-of-consumer-affairs/#:~:text=What%20is%20the%20process%20to,with%20a%20consumer%20affairs%20representative.
- https://unctad.org/page/cyberlaw-tracker-country-detail?country=gy
- Show more...
GUYANA
Since August 2009
Pillar Online sales and transactions |
Sub-pillar Licensing scheme for e-commerce providers
Money Transfer Agencies (Licensing) Act 2009
According to Art. 8.1 the Money Transfer Agencies Licensing Act 2009, no person shall act as a money transfer agent unless that person has first registered with the Bank. Moreover, Art. 8.2 states that every person who wishes to be registered as a money transfer agent shall - (a) make an application in the prescribed form and submit the prescribed fee; and (b) supply the Bank with the following - (i) the name of the applicant; (ii) the address of the premises from which the money transfer agent will operate; (iii) a copy of the written agreement between the licensee and the proposed money transfer agent; and (iv) such other information and documents that the Bank may require. According to Art. 2 (h) of the Act, a money transfer agent means any person carrying on the business of money transfer on behalf of a licensee.
Coverage Financial sector
GUYANA
N/A
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
It is reported that Guyana does not implement any de minimis threshold, which is defined as a valuation ceiling for goods below which no duty is charged at the border.
Coverage Horizontal
GUYANA
Reported in 2022
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Self-certification for product safety
Supplier Declaration of Conformity allowed for foreign businesses
Guyana-type approval is a mandatory certification process for electronic and telecommunications equipment, including smartphones, tablets, laptops, routers, modems, microwave ovens, digital cameras, among others. The process ensures they meet the country’s technical and safety standards. It is reported Guyana that has implemented a Conformity Assessment Scheme that facilitates the entry of equipment into the local market. The type of approval requirements in Guyana include technical specifications, safety standards, and electromagnetic compatibility (EMC) requirements and allows foreign companies to self-certify that they comply with these standards, through a Supplier Declaration of Conformity (SDoC). The Telecommunications Agency of Guyana is the authority in charge of approving telecommunications equipment.
Coverage Electronic products
GUYANA
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
A basic legal framework on intermediary liability beyond copyright infringement is absent in Guyana's law and jurisprudence.
Coverage Internet intermediaries
GUYANA
Reported in 2021
Pillar Intermediary liability |
Sub-pillar User identity requirement
Mandatory SIM card registration
It is reported that Guyana 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.
Coverage Horizontal
GUYANA
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Guyana's law and jurisprudence.
Coverage Internet intermediaries
GUYANA
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
Guyana has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal