LIBYA
Since April 2023
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Circular of the Minister of Economy and Trade No. 4-2023
منشور وزير الاقتصاد والتجارة رقم 4 لسنة 2023 م
منشور وزير الاقتصاد والتجارة رقم 4 لسنة 2023 م
Circular 4-2023 requests all public companies and government agencies funded from the general budget to commit to giving priority to supplies from the local market, especially those manufactured and produced locally when contracting for the procurement of materials and supplies they need.
Coverage Horizontal
LIBYA
Since October 2024
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Decision No. 600 of 2024 issuing the Administrative Contracts Regulation
قرار رقم 600 لسنة 2024 م بإصدار لائحة العقود الإدارية
قرار رقم 600 لسنة 2024 م بإصدار لائحة العقود الإدارية
Art. 106 of the Administrative Contracts Regulation stipulates that contractors are required to use nationally sourced materials and products of local origin, including those that are manufactured or semi-manufactured domestically, as well as other materials and equipment available on the local market, provided that such items conform to the agreed technical specifications and are offered at competitive prices.
Coverage Horizontal
LIBYA
Reported in 2022, last reported in 2025
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Reported lack of transparency in public procurement
It is reported that procurement processes are frequently characterised by opacity and fragmentation across multiple agencies, with a recurrent reliance on non-competitive procedures and limited public disclosure of procurement plans, contract awards, and implementation outcomes. It is further reported that foreign enterprises regard corruption as a significant impediment to foreign direct investment, which remains pervasive across virtually all sectors of the economy, particularly within government procurement.
Coverage Horizontal
Sources
- https://www.elibrary.imf.org/view/journals/002/2025/148/article-A001-en.xml
- https://web.archive.org/web/20251211213157/https://www.state.gov/reports/2025-investment-climate-statements/libya
- https://web.archive.org/web/20231201085458/https://www.state.gov/reports/2022-investment-climate-statements/libya/
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LIBYA
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)
Libya is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status. In fact, Libya is not a Member of the WTO.
Coverage Horizontal
LIBYA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
3.48%
Coverage rate of zero-tariffs on ICT goods (%)
16.69%
Coverage: ICT 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
LIBYA
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the 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)
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.
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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LIBYA
Since March 1957
Since October 2024
Since October 2024
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Law No. 62 of 1957 on the Boycott of Israel
قانون رقم 62 لسنة 1957 م بشأن مقاطعة إسرائيل
Decision No. 600 of 2024 issuing the Administrative Contracts Regulation
قرار رقم 600 لسنة 2024 م بإصدار لائحة العقود الإدارية
قانون رقم 62 لسنة 1957 م بشأن مقاطعة إسرائيل
Decision No. 600 of 2024 issuing the Administrative Contracts Regulation
قرار رقم 600 لسنة 2024 م بإصدار لائحة العقود الإدارية
Under Art. 1 of the Law on the Boycott of Israel, any natural or legal person is prohibited from entering into agreements, whether directly or indirectly, with individuals or entities residing in Israel, holding Israeli nationality, or acting on its behalf, as well as with national or foreign companies that maintain interests, branches, or general agencies in Israel. In addition, Art. 18 of the Administrative Contracts Regulation mandates that applicants for administrative contracts comply with decisions issued by the competent authorities regarding the boycott of any state or the prohibition of dealings therewith, and requires that every such contract include a clause obliging the parties to adhere to these decisions and accept their consequences.
Coverage Israel-affiliated entities
SOUTH AFRICA
N/A
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
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.
Coverage Horizontal
SOUTH AFRICA
Since April 2009
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
The Consumer Protection Act No. 68 of 2008 (CPA)
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.
Coverage Horizontal
SOUTH AFRICA
N/A
Pillar Online sales and transactions |
Indicator Ratification of the 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
South Africa has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
SOUTH AFRICA
Since 2002
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
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.
Coverage Horizontal
SOUTH AFRICA
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
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.
Coverage Horizontal
SOUTH AFRICA
Since April 2006
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Electronic Communications Act No. 36 of 2005
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.
Coverage Electronic communication services, including VOIP and application service providers
SOUTH AFRICA
Since November 1996, as amended in September 2019
Since November 2020
Since November 2020
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Films and Publications Act, 1996
Films and Publications Tariffs Regulations, 2020
Films and Publications Tariffs Regulations, 2020
The Films and Publications Act establishes that commercial online distributors have to register with the Film and Publications Board (FPB) as distributors. A commercial online distributor is defined as a "distributor in relation to films, games and publications which are distributed for commercial purposes using the internet". The Act penalises failing to register with the FPB as a distributor with a fine of 150,000 rands (USD 9,300).
On 1 March 2022, a 2019 amendment came into force, which extended the mandate of the FPB to include online games, films, and publications. However, even before this amendment, all distributors, including commercial online distributors, although not expressly mentioned in the Act, had to register with the FPB.
On the other hand, in November 2020, the FPB finalised revisions to the tariff structure that would require online streaming services to pay a licensing fee per film and per series season that they offer. The previous structure involved payment of a flat fee. It is reported that after some initial resistance, all major content distributors, including Google, Apple, Netflix, and the South African company MultiChoice, registered with the FPB and paid license fees.
On 1 March 2022, a 2019 amendment came into force, which extended the mandate of the FPB to include online games, films, and publications. However, even before this amendment, all distributors, including commercial online distributors, although not expressly mentioned in the Act, had to register with the FPB.
On the other hand, in November 2020, the FPB finalised revisions to the tariff structure that would require online streaming services to pay a licensing fee per film and per series season that they offer. The previous structure involved payment of a flat fee. It is reported that after some initial resistance, all major content distributors, including Google, Apple, Netflix, and the South African company MultiChoice, registered with the FPB and paid license fees.
Coverage Commercial online distributors
Sources
- https://web.archive.org/web/20221123084936/https://www.gov.za/documents/films-and-publications-act
- https://web.archive.org/web/20231129020435/https://www.ellipsis.co.za/wp-content/uploads/2020/10/Films-Publications-Tariffs-Regulations-2020.pdf
- https://web.archive.org/web/20231129094038/https://www.ellipsis.co.za/the-film-publication-board-and-online-content-regulation/
- https://web.archive.org/web/20231205092011/https://bowmanslaw.com/insights/technology-media-and-telecommunications/south-africa-films-and-publications-amendment-act-comes-into-operation/
- https://web.archive.org/web/20231206033320/https://altadvisory.africa/2022/03/11/south-africa-films-and-publications-amendment-act-comes-into-effect/
- https://web.archive.org/web/20230208163050/https://insightplus.bakermckenzie.com/bm/technology-media-telecommunications_1/south-africa-films-and-publications-amendment-act-comes-into-force/
- https://web.archive.org/web/20230916024530/https://mybroadband.co.za/news/broadcasting/231367-what-netflix-will-get-for-its-r1-million-fpb-licence-fee.html
- https://web.archive.org/web/20201129105545/https://www.fpb.org.za/wp-content/uploads/2020/02/FINAL-Media-Release_South-African-Online-Streaming-Regulation.pdf
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