MOZAMBIQUE
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 the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Mozambique 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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MOZAMBIQUE
Since December 2022, entry into force in March 2023
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Decree No. 79/2022, which approves the Regulation on Public Works, Supply of Goods and Provision of Services to the State (Decreto Nº 79/2022: Aprova o Regulamento de Contratação de Empreitada de Obras Públicas, Fornecimento de Bens e Prestação de Serviços ao Estado)
According to Art. 30.1 of Decree No. 79/2022 (which repeals Decree No. 5/2016), the following margins of preference shall apply to domestic bidders: (i) 15% of the contract value, excluding taxes, for public works contracts and contracts for the provision of services to domestic bidders; and (ii) 20% of the contract value, excluding taxes, for goods that are or have been produced in the country.
National or domestically produced products are considered to be those produced entirely in the country or those manufactured which, in the transformation process, must have an incorporation of national factors of at least 35% and, in the case of services, at least 60% of the wage bill must correspond to the remuneration of national workers (Art. 30.2). In addition, in accordance with Art. 30.5, in the case of goods, the producer's declaration model must demonstrate the incorporation of domestic factors, the value of which must correspond to at least 35% of the ex-works price of the finished product.
National or domestically produced products are considered to be those produced entirely in the country or those manufactured which, in the transformation process, must have an incorporation of national factors of at least 35% and, in the case of services, at least 60% of the wage bill must correspond to the remuneration of national workers (Art. 30.2). In addition, in accordance with Art. 30.5, in the case of goods, the producer's declaration model must demonstrate the incorporation of domestic factors, the value of which must correspond to at least 35% of the ex-works price of the finished product.
Coverage Horizontal
MOZAMBIQUE
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)
Mozambique is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
MOZAMBIQUE
Since June 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Law No. 8/2023 of 9 June (Lei No. 8/2023 de 9 de Junho)
There are no foreign ownership limitations in sectors relevant for digital trade.
Coverage Horizontal
MOZAMBIQUE
Since June 2023
Since March 2024
Since March 2024
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Law No. 8/2023 of 9 June (Lei No. 8/2023 de 9 de Junho)
Decree No. 8/2024, 7 March 2024 (Decreto No. 8/2024 de 7 de Março)
Decree No. 8/2024, 7 March 2024 (Decreto No. 8/2024 de 7 de Março)
Art. 22 of Law No. 8/2023 (which repealed the previus Investment Law No. 3/1993) establishes a screening regime for foreign investment projects considered sensitive due to their potential economic, environmental, security, or public health impacts, as well as for large-scale undertakings. This regime also applies to public-private partnership ventures, business concessions, and projects requiring at least 10,000 hectares of land, among others. According to Art. 16 of Decree No. 8/2024, applicants within this authorisation regime must submit detailed technical, economic, and financial feasibility studies to prove the viability of their projects. In contrast, projects not subject to the authorisation regime are only required to undergo a registration regime, which mandates the submission of an investment proposal without the need for comprehensive feasibility studies.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230629214429/https://www.mef.gov.mz/index.php/sobre-ministerio/cartas-de-servicos/1902-lei-de-alteracao-da-tabela-salarial-unica-tsu-e-lei-de-investimentos-2023/file
- https://web.archive.org/web/20240620032449/https://investmentpolicy.unctad.org/investment-laws/laws/366/mozambique-investment-law-2023
- https://web.archive.org/web/20240521031433/https://archive.gazettes.africa/archive/mz/2024/mz-government-gazette-series-i-dated-2024-03-07-no-48.pdf
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S456.pdf&Open=True
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MOZAMBIQUE
Since January 2017
Since September 2020
Since September 2020
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Commercial presence requirement for digital services providers
Law No. 3/2017 of 09 January - Electronic Transactions Law (Lei de Transacções Electrónicas Lei N.º 03/2017)
Regulation on the use of the domain "MZ" - Decree No. 82/2020 of 10 September (Regulamento do domínio MZ)
Regulation on the use of the domain "MZ" - Decree No. 82/2020 of 10 September (Regulamento do domínio MZ)
Under Art. 5 of the Electronic Transactions Law, the domain name regulation falls under the competence of the National Institute of Information and Communication Technologie - INTIC (Regulatory entity), which can grant the registration or assign this function to third parties (agents). According to Art. 8 Decree No. 82/2020, only national entities providing internet DNS services, ICT service providers and foreign companies with a branch in Mozambique can be eligible and qualify as domain registration agents.
Coverage Domain names providers
Sources
- https://web.archive.org/web/20240405112152/https://www.intic.gov.mz/wp-content/uploads/2021/04/BR-Regulamento-do-dominio-mz.pdf
- https://web.archive.org/web/20190326224508/https://www.inage.gov.mz/wp-content/uploads/2018/05/LEI-DE-TRANSACCÕES-ELECTRÓNICAS.pdf
- https://web.archive.org/web/20231207194316/https://www.dataguidance.com/sites/default/files/electronic_transactions_law.pdf
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MOZAMBIQUE
Since December 2015
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the application process for patents
Decree No. 47/2015 of 31 December - Industrial Property Code (Código da Propiedade Industrial Decreto N. 47/2015)
Although foreign patents might be recognised or registered in Mozambique (upon the payment of a fee amounting to MZN 5,400, equivalent to USD 84), there is a requirement to have a local representative when applying for the registration. According to the Industrial Property Code, if the applicant is a resident (based or with registered offices in Mozambique), the application for registration may be filed directly with Intellectual Property Institute (IPI) with no need to appoint an Intellectual Property official agent. On the contrary, if the applicant is not domiciled or resident in Mozambique, they must be represented by a Mozambican Intellectual Property Agent.
Coverage Horizontal
Sources
MOZAMBIQUE
Since May 2000
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Mozambique is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
ESWATINI
Since 2022
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
Eswatini 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
ESWATINI
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
Eswatini 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
ESWATINI
N/A
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
Eswatini does not have a national self-certification programme but relies on the certificates of conformity supplied by exporting countries. The Eswatini Standards Authority is a member of the International Electrotechnical Commission (IEC) Affiliate Country Programme, which allows developing countries to participate in the IEC standardisation activities and conformity assessments as well adopting IEC standards and gazette them as Eswatini national standards.
Coverage Electrical products
ESWATINI
N/A
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Eswatini does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal
Sources
ESWATINI
Since August 2016
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
Electronic Communications (Domain Name Administration) Regulations, 2016
According to Section 13 of the Domain Name Administration Regulations, the registration of a ".sz" domain name is only available to persons domiciled or corporate bodies registered in the Kingdom of Swaziland. The two-letter abbreviation refers to Swaziland, the country's former name from 1968 to 2018.
Coverage Horizontal
ESWATINI
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
Eswatini does not have a legal framework that applies consumer protection to online transactions.
Coverage Horizontal