BOTSWANA
Since July 2007
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Nationality/residency requirement for directors or managers
Companies Act, 2007
Section 145 of the Companies Act provides that a public company shall have at least two directors, and a private company shall have at least one director who shall be ordinarily resident in Botswana.
Coverage Horizontal
BOTSWANA
Since September 2011, entry into force in February 2012
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Botswana Investment and Trade Centre Act
The Botswana Investment and Trade Centre (BITC) was established by the Botswana Investment and Trade Centre Act. Part V of the Act sets the functions, powers and duties of the Centre, which screens all proposed investments to ensure that they fall within the set priority investment sectors. An investment application is likely to succeed if it demonstrates some of the following:
- Number and quality/level of employment created;
- Potential for skills and technology transfer;
- Potential for export and import substitution;
- Potential to create backward and forward linkages;
- Innovation and creativity;
- Priority sector under the Economic Diversification Drive (EDD).
- Number and quality/level of employment created;
- Potential for skills and technology transfer;
- Potential for export and import substitution;
- Potential to create backward and forward linkages;
- Innovation and creativity;
- Priority sector under the Economic Diversification Drive (EDD).
Coverage Horizontal
Sources
- https://botswanalaws.com/alphabetical-list-of-statutes/botswana-investment-and-trade-centre
- https://web.archive.org/web/20180318030449/https://www.bitc.co.bw/botswana-one-stop-service-centre
- https://investmentpolicy.unctad.org/investment-policy-monitor/measures/3214/launch-of-the-botswana-one-stop-service-centre-
- https://web.archive.org/web/20211006160519/https://www.gobotswana.com/investment-promotion-function
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BOTSWANA
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)
0.97%
Coverage rate of zero-tariffs on ICT goods (%)
75.7%
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
BOTSWANA
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)
Botswana 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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BOTSWANA
Since November 2021
Since March 2023
Since March 2023
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Public Procurement Act, 2021
Public Procurement Regulations, 2023
Public Procurement Regulations, 2023
Section 76 of the Public Procurement Act stipulates that, except as otherwise provided under this Act, all works, services, and supplies procurement should be reserved for a citizen or national contractor. In particular, certain procurement activities are reserved for local producers or suppliers. These include:
- Procurement activity offered only by a fully national-owned MSME;
- Goods manufactured locally by a fully national contractor;
- Services provided by a citizen or a fully national contractor;
- A procurement activity intended to promote innovation, local technology, and the commercialisation of the procurement activity; and
- The creation of jobs, capacity-building, and skills transfer.
Further details about reservation schemes can be found in Regulation 88 of the Public Procurement Regulations.
The Public Procurement Act repealed the Public Procurement and Asset Disposal Act, which contained a different reservation scheme. Section 71 of the repealed Act provided that reservation schemes applied to procurement of the following nature: low complexity; limited scale; repetitive in nature; having a financial ceiling; open only to citizen contractors; and based only on competition among the eligible contractors in the classification in question.
- Procurement activity offered only by a fully national-owned MSME;
- Goods manufactured locally by a fully national contractor;
- Services provided by a citizen or a fully national contractor;
- A procurement activity intended to promote innovation, local technology, and the commercialisation of the procurement activity; and
- The creation of jobs, capacity-building, and skills transfer.
Further details about reservation schemes can be found in Regulation 88 of the Public Procurement Regulations.
The Public Procurement Act repealed the Public Procurement and Asset Disposal Act, which contained a different reservation scheme. Section 71 of the repealed Act provided that reservation schemes applied to procurement of the following nature: low complexity; limited scale; repetitive in nature; having a financial ceiling; open only to citizen contractors; and based only on competition among the eligible contractors in the classification in question.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230531085801/https://www.biust.ac.bw/download/public-procurement-act/
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S447R1-02.pdf&Open=True
- http://www.ppadb.co.bw/Manuals%20%20Acts/PUBLIC%20PROCUREMENT%20REGULATIONS%202023.pdf
- https://web.archive.org/web/20240629172404/https://ppp.worldbank.org/public-private-partnership/sites/ppp.worldbank.org/files/documents/Public%20Procurement%20and%20Asset%20Disposal%20Act%20Chapter%20...
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BARBADOS
N/A
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Barbados does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal
BARBADOS
Since September 2002, last amended in September 2017
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
Telecommunication Act
The registration of the domain ".bb" in Barbados is under the supervision of the Telecommunications Unit. According to Form 52 of the Telecommunication Act, applicants for a ".bb" domain must have a local presence in the country to register a domain name.
Coverage Horizontal
BARBADOS
Since January 2003
Since March 2001, as amended in march 2014
Since March 2001, as amended in march 2014
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Protection Act, Cap. 326D
Electronic Transactions Act, Cap. 308B
Electronic Transactions Act, Cap. 308B
The Consumer Protection Act provides a comprehensive framework for consumer protection that also applies to online transactions. Part IV of the Act addresses distance selling, which would include Internet-based commerce. In addition, according to Art. 16 (a), introduced by the amendment of the Electronic Transactions Act of 2014, a person who uses electronic communications to sell goods or services to consumers shall provide accurate and accessible information describing the goods or services, as well as information about the terms, conditions, and costs associated with a transaction.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230602162452/https://www.ftc.gov.bb/library/CAP326D.pdf
- https://web.archive.org/web/20230321075157/https://www.barbadosparliament.com/uploads/bill_resolution/abebbcf80e26815632d4b130d9906644.pdf
- https://unctad.org/system/files/official-document/dtlstict2017d9_en.pdf
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BARBADOS
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 of Electronic Communications
Barbados is not a signatory of the UN Convention of Electronic Communications.
Coverage Horizontal
BARBADOS
Since 2001
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
Barbados 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
BARBADOS
Since 2001
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
UNCITRAL Model Law on Electronic Signatures
Barbados has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
BARBADOS
Since March 2001, last amended in March 2014
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for copyright infringement
Electronic Transactions Act, Chapter 308B
Chapter 308B of the Electronic Transactions Act establishes a safe harbour regime for intermediaries for copyright infringements. According to Section 24, there is no intermediary liability for information within electronic records they handle if: (i) they did not create the record; (ii) they have no actual knowledge that the information could lead to legal liability; and (iii) they are not aware of any facts indicating that the information could reasonably result in legal liability.
Coverage Internet intermediaries
BARBADOS
Since March 2001, last amended in March 2014
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Electronic Transactions Act, Chapter 308B
Chapter 308B of the Electronic Transactions Act establishes a safe harbour regime for intermediaries beyond copyright infringement. According to Section 24, there is no intermediary liability for information within electronic records they handle if: (i) they did not create the record; (ii) they have no actual knowledge that the information could lead to legal liability; and (iii) they are not aware of any facts indicating that the information could reasonably result in legal liability.
Coverage Internet intermediaries
BARBADOS
Reported in 2021, last reported in 2023
Pillar Intermediary liability |
Sub-pillar User identity requirement
Mandatory SIM registration
It is reported that Barbados 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 Telecommunications sector
Sources
- https://www.comparitech.com/blog/vpn-privacy/sim-card-registration-laws/#Type_of_ID_required_by_country
- https://www.gsma.com/mobilefordevelopment/wp-content/uploads/2021/04/Digital-Identity-Access-to-Mobile-Services-and-Proof-of-Identity-2021_SPREADs.pdf
- https://web.archive.org/web/20210114165547/https://gisbarbados.gov.bb/download/data-protection-act-2019/
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