BURUNDI
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)
7.6%
Coverage rate of zero-tariffs on ICT goods (%)
48.59%
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
BURUNDI
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 Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Burundi 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
- Show more...
BURUNDI
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)
Burundi is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 2019.
Coverage Horizontal
BURUNDI
Since June 2021
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Law No. 1/19 of 17 June 2021 amending Law No. 1/24 of 10 September 2008 on the Investment Code of Burundi (Loi No. 1/19 du 17 juin 2021 portant modification de la loi No. 1/24 du 10 septembre 2008 portant code des investissements du Burundi)
Burundi's foreign investment is regulated by the Investment Law of 2021, which allows open investment. Art. 12 of the Law stipulates that the Republic of Burundi shall refrain from any form of discrimination in the area of ownership.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240712190534/https://assemblee.bi/wp-content/uploads/2024/01/N%C2%B019-du-17-juin-2021.pdf
- https://web.archive.org/web/20240616095436/https://investmentpolicy.unctad.org/investment-laws/laws/372/burundi-investment-law-2021
- https://www.state.gov/reports/2023-investment-climate-statements/burundi/
- Show more...
BURUNDI
Since July 2009
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the application process for patents
Law No. 1/13 on Industrial Property (Loi No. 1/13 du 28 juillet 2009 relative à la propriété industrielle)
In matters of procedure for granting and administering the patents, Section 468 of the Industrial Property Law requires that "any holder of an industrial property right (including patents) whose usual residence or main establishment is located outside Burundi must be represented either by a legal advisor who resides and practices in Burundi, or by a natural person or legal entity with professional experience in the field of industrial property who/which resides and exercises his/its profession of legal consultant in Burundi".
Coverage Horizontal
BURUNDI
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Lack of participation in the Patent Cooperation Treaty (PCT)
Burundi is not a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
BURUNDI
Since December 2005
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Law No. 1/021 of December 30, 2005, on the Protection of Copyright and Related Rights in Burundi (Loi No. 1/021 du 30 décembre 2005 portant protection du droit d'auteur et des droits voisins au Burundi)
Burundi has a copyright regime under Law No. 1/021. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 26-28 list the exceptions, which include (i) the reproduction, translation, or adaptation of works for personal use; (ii) the use of works for reporting current events or including them in films or TV broadcasts if the works are publicly visible; (iii) the reproduction of computer programs for personal or archival purposes by lawful owners; and (iv) temporary reproductions made during digital transmissions if authorised.
Coverage Horizontal
BURUNDI
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
Despite Law No. 1/021 of December 2005 complies with international standards for the protection of copyright, on a practical level, it is reported that the implementation of this law is still poor and enforcement measures are lagging behind. The Penal Code and Code of Criminal Procedure outline the specific penalties for IP infringement, as stated in the copyright law Arts. 91-94. Nonetheless, as of 2021, Burundi still does not have any sanctions applied in case the rights under the intellectual property law are infringed upon.
Coverage Horizontal
BRUNEI
Since 2000
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
Brunei 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
BRUNEI
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
Brunei 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
BRUNEI
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 BND 400 (approx. USD 300), above the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
BRUNEI
Since March 2015
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
BNNIC Registration Policies, Procedures and Guidelines
According to Arts. 3.1 and 3.6 of the BNNIC Registration Policies, Procedures, and Guidelines, foreign companies or businesses may register for ".bn" and "com.bn" domains only if they have a registered trademark with the Registrar of Trademarks.
Coverage Horizontal
Sources
- https://web.archive.org/web/20210925223756/http://www.bnnic.bn/files/Registration%20Policies%20Procedures%20and%20Guidelines.pdf
- https://web.archive.org/web/20231031144121/http://www.bnnic.bn/faqs#subcat98
- https://bn.usembassy.gov/wp-content/uploads/sites/196/2016/09/2006ipr-toolkit.pdf?_ga=2.174414178.1556769793.1496152018-1433504427.1496151983
- Show more...
BRUNEI
N/A
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
Brunei lacks a comprehensive framework for consumer protection that applies to online transactions. However, the country has partial laws in place, namely the Consumer Protection (Fair Trading) Order 2011 and the Electronic Transactions Act (2008).
Coverage Horizontal
BRUNEI
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
Brunei has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
BRUNEI
N/A
Pillar Domestic data policies |
Sub-pillar Framework for data protection
Lack of comprehensive legal framework for data protection
The country does not have a comprehensive regime in place for all personal data, but it has sectoral regulations. The Electronic Transactions Act (Section 48) and Banking Order (Section 58 and third schedule), along with the Islamic Banking Order (Section 58 and third schedule), provide for user information confidentiality under financial and banking sectors, respectively. These legislations criminalise the disclosure of user information. The third schedule of the Banking Order and Islamic Banking Order provides for the conditions under which the banks can disclose data. However, the Data Protection Policy applies to Agencies (government Ministries and Departments, including educational institutions and statutory bodies) and protects any data which is processed or controlled by them, regardless of whether the data is processed within or outside Brunei Darussalam (Clause 4.5).
Coverage Horizontal
Sources
- https://www.dataguidance.com/jurisdiction/brunei-darussalam
- https://www.dlapiperdataprotection.com/index.html?t=law&c=BN
- https://web.archive.org/web/20240726174849/http://www.agc.gov.bn/AGC%20Images/LAWS/ACT_PDF/Chp196.pdf
- https://web.archive.org/web/20240723222355/https://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2006/EN/S045.pdf
- https://web.archive.org/web/20240610210521/https://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2008/EN/S096.pdf
- https://web.archive.org/web/20220308123611/http://www.information.gov.bn/PublishingImages/SitePages/New%20Media%20and%20IT%20Unit/Data%20Protection%20Policy%20V.2.2.pdf
- Show more...