Database

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SAINT LUCIA

Since 2011

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
UNCITRAL Model Law on Electronic Signatures
Saint Lucia 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

SAINT LUCIA

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the UN Convention of Electronic Communications
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Saint Lucia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

SAINT LUCIA

Since 2011

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Saint Lucia 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

SAINT LUCIA

Since February 2016, entry into force in January 2020

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Protection Act No.09 of 2016
The Consumer Protection Act provides a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal

SAINT LUCIA

Reported in 2021

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 22, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
Sources

SAINT LUCIA

Since April 2001, last amended in March 2003

Pillar Technical standards applied to ICT goods, products and online services  |  Sub-pillar Self-certification for product safety
Statutory Instrument 10/2002 - Telecommunications (Terminal Equipment and Public Network) Regulations
According to Art. 4 of the Statutory Instrument 10/2002, the equipment mentioned in Art. 4.2 must receive a type approval certificate by the regulative authority. This includes cellular telephones, cordless telephones, fax machines, GSM machines, mobile radios, modems, wireless remote devices, PABXs, pagers, radio receivers and transmitters, satellite earth stations, telecommunications switching equipment, telephone instruments, telex equipment, other equipment emitting a radio signal and any other customer premise equipment to be attached to any part of a licensed telecommunications network.
According to the Caribbean Cooperation for Accreditation (CCA) standards, foreign businesses must pass an accreditation by accredited laboratories that have Mutual Recognition Agreements (MRAs) with counterpart bodies. There is automatic acceptance of test results from accredited laboratories, which are parties to a given MRA. The CCA is based on principles of co-operation and collaboration among the recognized National Accreditation Bodies (NABs).
Coverage Telecommunication equipment

SAINT LUCIA

Since April 2001, last amended in March 2003

Pillar Quantitative trade restrictions for ICT goods, products and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Statutory Instrument 10/2002 - Telecommunications (Terminal Equipment and Public Network) Regulations
According to Art. 16 of the Statutory Instrument 10/2002, the telecommunication/radio equipment that is imported must comply with the type approval procedures of the Eastern Caribbean Telecommunications Authority (ECTEL) or those listed in the Schedule of the Act. The National Telecommunications Regulatory Commission (NTRC) issues approval certificates to manufacturers of telecommunications equipment who can then import these products. Subsequent imports of approved items do not require clearance authorization. Cellular mobile phones do not need to comply with the type approval requirement of this Act.
Coverage Telecom equipment

SAINT LUCIA

Reported in 2023

Pillar Quantitative trade restrictions for ICT goods, products and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Ban of foreign investment
There are reportedly 21 investment areas, including trading imports, that are designated exclusively for Saint Lucian nationals. However, authorities have observed that this restriction is not consistently enforced. Exemptions have been reported for substantial investments or when local investors either lack business interest or do not possess the necessary technology.
Coverage Import for the purpose of trading

SAINT LUCIA

Since March 1968, last amended in December 2006
Since April 1987, last amended in December 2006

Pillar Quantitative trade restrictions for ICT goods, products and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Act No. 5 of 1968 - External Trade Act

Statutory Instruments 24/1987 - External Trade (Restricted Imports) Order
As per Art. 3 of the External Trade Act, the Minister holds the authority to require a license to import specific classes of goods, which would be announced through an Order in the Gazette. According to Section 3 of the External Trade (Restricted Imports) Order, accumulators (tariff number 85.04) are among the restricted goods that cannot be imported without a license.
Coverage Electric accumulators

SAINT LUCIA

Since March 1985

Pillar Content access  |  Sub-pillar Licensing schemes for digital services and applications
Trade Licences Act
According to Art. 3 of the Trade Licences Act, foreign companies shall not engage in trade without a trade licence and the approval of the Ministry of Commerce, Manufacturing, Business Development, Cooperatives and Consumer Affairs, or from Invest Saint Lucia. Under Arts. 5-6 of the Act, the application for the licence is considered by the Trade License Advisory Board, which makes a recommendation to the Minister, who then grants the final approval. It is reported that some exceptions apply to CARICOM companies.
Coverage Horizontal

SAINT LUCIA

Since March 2011, last amended in March 2015

Pillar Content access  |  Sub-pillar Licensing schemes for digital services and applications
Data Protection Act
According to Section 47 of the Data Protection Act, any individual or company that seeks to collect, transfer, or process personal data must have a certification as a data controller. The data controller is the representative in charge of processing personal data and must make an application for registration to the Commissioner. The Commissioner can reject the license if it reasonably believes that (a) the particulars proposed for inclusion in an entry in the register are insufficient or any other information required by the Commissioner either has not been furnished, or is insufficient; (b) appropriate safeguards for the protection of the privacy of the data subjects concerned are not being, or will not continue to be, provided by the data controller; or (c) the person applying for registration is not a fit and proper person in the determination of the Commissioner.
Coverage Horizontal

SAINT LUCIA

Reported in 2021

Pillar Intermediary liability  |  Sub-pillar User identity requirement
User identity requirement for SIM registration
It is reported that Saint Lucia 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 the case of foreigners, to activate a new prepaid SIM card.
Coverage Telecommunications sector

SAINT LUCIA

Since March 2011

Pillar Intermediary liability  |  Sub-pillar Safe harbor for intermediaries for copyright infringement
Electronic Transactions Act No.16 of 2011
The Electronic Transactions Act 2011 establishes a safe harbour regime for intermediaries for copyright infringements. Pursuant to Art. 47, an intermediary or an internet service provider who provides a conduit is not liable for the content of electronic records that indicate a likelihood of civil or criminal liability if the intermediary or internet service provider: (i) had no actual knowledge of such information; or (ii) on acquiring actual knowledge or becoming aware of such facts, followed the takedown procedures required by the Regulations as soon as possible.
Coverage Internet intermediaries

SAINT LUCIA

Since March 2011

Pillar Intermediary liability  |  Sub-pillar Safe harbor for intermediaries for any activity other than copyright infringement
Electronic Transactions Act No.16 of 2011
The Electronic Transactions Act 2011 establishes a safe harbour regime for intermediaries beyond copyright infringements. Pursuant to Art. 47, an intermediary or an internet service provider who provides a conduit is not liable for the content of electronic records that indicate a likelihood of civil or criminal liability if the intermediary or internet service provider: (i) had no actual knowledge of such information; or (ii) on acquiring actual knowledge or becoming aware of such facts, followed the takedown procedures required by the Regulations as soon as possible.
Coverage Internet intermediaries

SAINT LUCIA

Since August 2007

Pillar Domestic Data policies  |  Sub-pillar Minimum period for data retention
Statutory Instrument 2007, No. 148 - Telecommunications (Quality of Service) Regulations 2007
According to Art. 14 of the Telecommunications (Quality of Service) Regulations 2007, telecommunications providers shall retain quality of service data, all measurements and related records for a minimum period of 18 months after the end of the reporting period or until the National Telecommunications Regulatory Commission may direct.
Coverage Telecommunications sector