BELIZE
Since October 2021
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Electronic Transactions Act, 2021
The Electronic Transactions Act establishes a safe harbour regime for intermediaries for copyright infringements. Under Section 46 of the Act, intermediaries or electronic commerce service providers are not subject to civil or criminal liability for information in an electronic record they did not originate, provided they meet the following conditions:
- They have no actual knowledge of the information causing civil or criminal liability.
- They are unaware of facts or circumstances indicating a likelihood of such liability.
- They follow the take-down procedure in Section 47 if:
(i) They acquire knowledge that the information gives rise to criminal liability.
(ii) They become aware of facts or circumstances indicating a likelihood of civil or criminal liability.
- They have no actual knowledge of the information causing civil or criminal liability.
- They are unaware of facts or circumstances indicating a likelihood of such liability.
- They follow the take-down procedure in Section 47 if:
(i) They acquire knowledge that the information gives rise to criminal liability.
(ii) They become aware of facts or circumstances indicating a likelihood of civil or criminal liability.
Coverage Internet intermediaries
BELIZE
Since October 2021
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Electronic Transactions Act, 2021
The Electronic Transactions Act establishes a safe harbour regime for intermediaries beyond copyright infringements. Under Section 46 of the Act, intermediaries or electronic commerce service providers are not subject to civil or criminal liability for information in an electronic record they did not originate, provided they meet the following conditions:
- They have no actual knowledge of the information causing civil or criminal liability.
- They are unaware of facts or circumstances indicating a likelihood of such liability.
- They follow the take-down procedure in Section 47 if:
(i) They acquire knowledge that the information gives rise to criminal liability.
(ii) They become aware of facts or circumstances indicating a likelihood of civil or criminal liability.
- They have no actual knowledge of the information causing civil or criminal liability.
- They are unaware of facts or circumstances indicating a likelihood of such liability.
- They follow the take-down procedure in Section 47 if:
(i) They acquire knowledge that the information gives rise to criminal liability.
(ii) They become aware of facts or circumstances indicating a likelihood of civil or criminal liability.
Coverage Internet intermediaries
BELIZE
Reported in 2021, last reported in 2023
Pillar Intermediary liability |
Indicator User identity requirement
Mandatory SIM card registration
It is reported that Belize 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, to activate a new prepaid SIM card.
Coverage Telecommunications sector
BELIZE
Since October 2004
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Online Gaming Regulations 2004
According to Art. 4 of Online Gaming Regulations, any person who conducts or intends to conduct any online gaming in or from within Belize shall apply to the Gaming Control Board for a licence.
Coverage Online gaming
BELIZE
Since December 1976, last amended in January 2012
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Trade Licensing Act, 1976
According to Art. 27 of the Trade Licensing Act, any person wishing to commence a service business must obtain a license and pay an annual fee. Any person who carries on a business without first obtaining a license from the Board commits an offence and is liable on summary conviction for each offence to a fine not exceeding 100 BZD (approx. 50 USD).
Coverage Horizontal
BELIZE
Since January 2017
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Public Utilities Commission Resolution
According to the Public Utilities Commission (PUC) Resolution, no person or entity shall import, install, sell or use any telecom equipment in Belize without a permit from the PUC.
Coverage Telecom equipment
BELIZE
Since August 1999
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Public Utilities Commission Act, 1999
It is reported that the Public Utilities Commission, the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process. According to Arts. 3 and 22 of the Public Utilities Commission Act, there shall be an autonomous institution known as the Public Utilities Commission, which ensures that the public services are satisfactory and the charges imposed by the public services are reasonable. This institution shall regulate, among others, the telecommunications sector.
Coverage Telecommunications sector
BELIZE
N/A
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Belize has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
BELIZE
Reported in 2022, last reported in 2023
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Lack of transparency in public tenders
It is reported that Belize present some challenges in participating and competing in public procurement and in dispute settlement processes, in particular relating to State Owned Enterprises (SOEs). Moreover, the reports point out a lack of transparency, land insecurity, bureaucracy, delays, and corruption in the tender process. In addition, throughout much of 2022, key transparency and oversight bodies, including the Integrity Commission, the Ombudsman’s Office, the Auditor General’s Office, and the labour Commissioner’s position remained vacant. In practice, it is reported these offices are understaffed and under-resourced to effectively undertake their respective mandates.
Coverage Horizontal
BELIZE
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the 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)
Belize is not a party to the WTO Agreement on Government Procurement (GPA).
Coverage Horizontal
BELIZE
Since July 2022
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Belize Companies Act, 2022
According to Belize Companies Act, there are no maximum foreign equity share.
Coverage Horizontal
BELIZE
Since June 2000, last amended in November 2022
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Patents Act, 2000
According to Art. 61 of the Patents Act, every applicant for a patent whose ordinary residence or principal place of business is outside Belize shall be represented by an attorney-at-law (as an agent) who is resident in Belize and practicing in Belize in accordance with the relevant law.
Coverage Horizontal
BELIZE
Since June 2000
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Belize is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
BELIZE
Since June 2000
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Copyright Act, 2000
Belize has a clear regime under the Copyright Act 2000 of copyright exceptions that follow the fair dealing model, which enables the lawful use of copyrighted work by others without obtaining permission. Arts. 55-85 list the exceptions, which include: research and private study (Art 56); criticism, review, and reporting (Art 57); educational purposes (Arts. 60-65); copying by librarians or archivists (Arts. 66 to 70); public administration (Arts.71-72); literary, dramatic, musical, or artistic works (Sections 76-80); among others.
Coverage Horizontal
BELIZE
Since November 2018, entry into force in February 2019
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Belize has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
