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BELIZE

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Signature of the WTO Telecom Reference Paper
Partial commitment to the WTO Telecom Reference Paper
Belize has only partially attached the WTO Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

BELIZE

Since August 1999

Pillar Telecom infrastructure and competition  |  Sub-pillar Presence of independent telecom authority
Public Utilities Commission Act, 1999
According to Arts. 3 and 22 of the Public Utilities Commission Act, there shall be an autonomous institution to be known as the Public Utilities Commission which ensure 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 Horizontal

BELIZE

Since August 2009

Pillar Telecom infrastructure and competition  |  Sub-pillar Presence of shares owned by the government in telecom companies
Belize Telecommunications (Assumption of Control over Belize Telemedia Limited) Order, Statutory Instrument No. 104 of 2009
In August 2009, the government of Belize nationalized the British telecom company Telemedia now called Belize Telemedia Limited) obtaining 94% of the shares through the Belize Telecommunications (Assumption of Control over Belize Telemedia Limited) Order, Statutory Instrument No. 104 of 2009. Furthermore, in December 2009 the government further acquired all proprietary and other rights and interests whatsoever held by the British Caribbean Bank's through the Belize Telecommunications (Assumption of Control over Belize Telemedia Limited) (Amendment) Order, Statutory Instrument No. 130 of 2009.
Furthermore, a few years later, it is reported that in June 2011, the Court of Appeal struck down the 2009 acquisition legislation as being unconstitutional and declared it null and void (Civil Appeal No. 30 of 2010). However, a couple of weeks later, the government passed the Telecommunications (Amendment) Act 20115 ('2011 Acquisition Legislation'), the Belize Constitution (Eighth Amendment) Act 20117 ('Constitutional Amendment Legislation') and made subsidiary Orders to reacquire the Belize Telemedia Limited, among other properties.
It is reported that the Government of Belize owns 83.6% of the shares, of which 34.3% of the shares belong to the Social Security Board and 49.3% belong to the Ministry of Telecommunications. It is reported that the Social Security Board is part of the portfolio of the Minister of Finance, who appoints a Board of Directors to administer the program and directors representing employers.
Coverage Belize Telemedia Limited

BELIZE

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that Belize does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there is an obligation of accounting separation. In addition, according to Art. 30 of the Telecommunications Act, the Public Utilities Commission of Belize may prescribe reasonable accounting procedures in accordance with international accounting and costing standards to determine the cost of operations, which shall be followed and implemented by all public telecommunication service providers.
Coverage Telecommunications sector

BELIZE

Since August 2002

Pillar Telecom infrastructure and competition  |  Sub-pillar Other restrictions to operate in the telecom market
Telecommunication Act, 2002
According to Art. 16 of the Telecommunications Act, the Public Utilities Commission of Belize (PUC) may consider any element of national interest, policy or security in granting a license. In addition, under Art. 18, the PUC, in granting the license, shall require the licensee, at the request of the Government, to cooperate with the Minister in matters of national security. In addition, according to Art. 19, the PUC may suspend, modify, revoke or refuse to renew a license for reasons of national security or public interest.
Coverage Telecommunications sector

BELIZE

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Belize lacks a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them in the Freedom of Information Act, 1994 (Art. 29) and the Public Sector Data Sharing Act, 2021 (Art.11).
Coverage Horizontal

BELIZE

Since August 2010

Pillar Telecom infrastructure and competition  |  Sub-pillar Passive infrastructure sharing obligation
Infrastructure Sharing Regulations, 2010
According to Art. 4 of the Infrastructure Sharing Regulations, all licensees shall (i) have a right and, when requested, an obligation to negotiate the sharing of infrastructure and facilities with each other for the purpose of providing public telecommunications services, or for any other purpose deemed to be in the public interest by the Commission; (ii) negotiate in good faith with each other on matters concerning the sharing of infrastructure and facilities; (iii) neither withdraw from nor impair arrangements for the sharing of infrastructure and facilities once already granted, unless authorized to do so by the Commission. Furthermore, pursuant to Art. 7 of the Regulations, a licensee shall provide infrastructure and facilities sharing under the same terms and conditions as that offered to any other licensee to which it provides infrastructure and facilities sharing
Coverage Telecommunications sector

BELIZE

Since November 2018, entry into force in February 2019

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Copyright Treaty
WIPO Copyright Treaty
Belize has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

BELIZE

Since November 2018, entry into force in February 2020

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
WIPO Copyright Treaty
Belize has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

BELIZE

Since June 2000

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty
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)  |  Sub-pillar Copyright law with clear exceptions
Copyright Act, 2000
Belize has a clear regime under the Copyright Act 2000 of copyright exceptions that follows fair dealing model, which enables the lawful use of copyrighted work by others without obtaining permission. Arts. 55-85 list the exceptions, which include the use for purposes of 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 June 2000, last amended in November 2022

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar 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 2010, last amended in 2011

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Framework Regional Integration Policy on Public Procurement (CARICOM)
According to Art. 52 of the Framework Regional Integration Policy on Public Procurement 2011, CARICOM countries can apply a margin of preference to suppliers from the region. However, the law does not specify the margin of preference.
Coverage Horizontal

BELIZE

N/A

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA)
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 April 2011

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Exclusion from public procurement
Financial and Audit (Reform) Act, 2005
According to Art. 21 of the Finance and Audit (Reform) Act 2011, a limited tender procedure may be established due to national security, or for reasons of national emergency. According to Art. 2 of the Act, a limited tender procedure means a procurement in which the Government does not call for any tender or in which the Government individually invites suppliers to submit a bid for a contract.
Coverage Horizontal