Under Art. 23 of Decree No. 944, foreign companies may establish branches in Libya provided that a Libyan national is appointed as either the branch manager or the deputy branch manager. This requirement applies to the sectors identified in Art. 21, which include telecommunications and information technology.

According to Resolution No. 499 of 2010, permission to establish, develop, rehabilitate, manage or operate an investment project is issued by a decision from the Ministry of Economy and Trade (MET) based on the recommendation of the Privatization and Investment Board (PIB), which enjoys exclusive jurisdiction to issue licenses (Art. 6). After obtaining the approval, the investor applies for the investment register (Art. 20). It is reported that the PIB’s screening process for investors and criteria are not published or transparent. It is further reported that the PIB says it evaluates bids or proposals for their compatibility with Libya’s national security, sovereignty, and economic interests.

According to Art. 5 of Resolution No. 499 of 2010, the minimum value of foreign capital, or in the case of participation with national capital in the investment project, is LYD 5 million (approx. USD 1 Million).

According to Art. 4 of Law No. 8-1959, other than Libyans and public corporations, only foreigners who fit the following conditions may apply for a patent in Libya: natural persons who reside in Libya or have industrial or commercial companies in Libya or who are citizens of a country that treats Libya reciprocally, or who reside in these countries or have a real physical residence there, as well as entities who are established in Libya or countries with reciprocal treatment. Art. 49 stipulates that applicants who have filed to obtain a patent in one of the countries that treat Libya reciprocally and wish to apply for the patent in Libya need a local representative.

Libya is a party to the Patent Cooperation Treaty (PCT).

Libya has a copyright regime under the Law No. 9 of 1968, issuing the Copyright Protection Law. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 14-17 list the exceptions, which include copying articles in newspapers and periodicals, statements or speeches on television and radio, short quotations in school books, among others.

Libya is not a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 and its 2015 expansion (ITA II). In fact, Libya is not a Member of the WTO.

South Africa does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties. However, it is reported that there is an informal threshold of USD 35.

The Consumer Protection Act 68 of 2008 (CPA) provides a comprehensive framework for consumer protection that also applies to online transactions. Section 43 of the Act establishes specific requirements for online retailers and other suppliers of goods and services who conduct transactions with consumers over the Internet or other electronic channels.

South Africa has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.

South Africa has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.

South Africa has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.

Chapter 3 of the Electronic Communication Act governs digital content providers, services, and applications licensing. Relevant licenses include Electronic Communications Network Service (ECNS) licenses, which allow holders to operate a physical network; Electronic Communications Service (ECS) licenses, which allow for providing services over one's or another's network; and Value-Added Network Services (VANS) licenses, which are required for providing value-added network services, including internet service providers (ISPs), voice-over-internet-protocol (VoIP) providers, and application service providers. The Independent Communications Authority of South Africa (ICASA) is responsible for issuing and regulating ECS and VANS licenses. The regulatory framework for licenses does not establish any restrictions, including discrimination against foreign suppliers. Still, Section 9 provides that holders of individual licenses must have a minimum of 30% of equity held by persons from historically disadvantaged groups.