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 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 harbour 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 harbour 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
GUYANA
N/A
Pillar Domestic data policies |
Sub-pillar Framework for data protection
Lack of comprehensive data protection framework
Guyana does not have data protection law in place, however there is a Data Protection Bill from 2023 that is pending approval.
There are certain regulations in the financial sector related to data protection, namely:
- The Financial Institutions Act of 1995;
- The Anti-Money Laundering;
- The Countering the Financing of Terrorism Act No. 13 of 2009;
- The Credit Reporting Act of 2010.
There are certain regulations in the financial sector related to data protection, namely:
- The Financial Institutions Act of 1995;
- The Anti-Money Laundering;
- The Countering the Financing of Terrorism Act No. 13 of 2009;
- The Credit Reporting Act of 2010.
Coverage Horizontal
GUYANA
Since December 1998
Pillar Domestic data policies |
Sub-pillar Minimum period for data retention
Security Industry Act
According to Art. 8 of the Securities Industry Act, registered security holders shall preserve accounting records for six years.
Coverage Financial sector
GUYANA
Since June 2010
Pillar Cross-border data policies |
Sub-pillar Ban to transfer and local processing requirement
Credit Reporting Act 2010
According to Art. 18 of the Credit Reporting Act 2010, credit reporting agencies may only store and retain in another country the data collected, provided they have the Bank of Guyana's approval.
Coverage Financial sector
GUYANA
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Signature of the WTO Telecom Reference Paper
Partial appendment of WTO Telecom Reference Paper to schedule of commitments
Guyana has only partially appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
GUYANA
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of an independent telecom authority
Presence of an independent telecom authority
It is reported that the Telecommunications Agency, the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
GUYANA
Since June 1990
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
Since June 1990, the telecom operator Guyana Telephone & Telegraph Co. (GTT) has been 80% owned by Atlantic Tele-Network (ATN) and 20% owned by the Government of Guyana (GOG).
Coverage Telecommunications sector
Sources
- https://newsroom.gy/2020/10/06/telecoms-sector-finally-liberalised-ending-gtts-31-years-of-monopoly/
- http://gnba.gov.gy/wp-content/uploads/2020/08/Legitimate-RadioTelevision-and-Cable-Broadcasters.pdf
- https://developingtelecoms.com/telecom-business/market-reports-with-buddecom/12231-guyana-finally-liberalises-its-telecom-sector-after-a-five-year-delay.html
- https://developingtelecoms.com/telecom-business/operator-news/12937-guyana-licences-its-third-mobile-operator.html
- Show more...
GUYANA
Since December 2016
Pillar Telecom infrastructure & competition |
Sub-pillar 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 puts 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
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Guyana lacks a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to trade secrets in the Competition and Fair Trading Act of 2006 and the Access to Information Act of 2011.
Coverage Horizontal