ITU-EC HIPCAR Project · ITU-EC HIPCAR Project ... Dominican Republic, 13 June 2012 Enhancing...

InternationalTelecommunicationUnion

ITU-EC HIPCAR Project

Presented by Kerstin Ludwig, HIPCAR Project Coordinator, via teleconference

ITU/Telecommunication Development Bureau

Presentation at the

CARIFORUM EPA Implementation Network (CAFEIN) Workshop

Organized by Caribbean Export Development Agency, GIZ, CAFEIN

Dominican Republic, 13 June 2012

Enhancing Competitiveness in the Caribbean through the Harmonization of ICT Policies, Legislation and

Regulatory Procedures

This document has been produced with the financial assistance of the European Union. The views expressed herein can in no way be taken to reflect the official opinion of the European Union.

2

Agenda International Frameworks impacting CARICOM telecoms

policy

HIPCAR Project objective, beneficiary countries, work areas & implementation

Overview of the outcomes of Stage I: development of model regional ICT policies and legislative texts

Stage II: Status of Assistance

CARIFORUM – EC / EPA Implementation Units

International Frameworks Impacting CARICOM Telecoms

Policy

>> EPA Implementation Units and HIPCAR


Int’l Frameworks: Regional & Extra Regional Context

Adapted from original prepared by and with the courtesy of Mr. Kwesi Prescod, ITU/HIPCAR Consultant

• CARICOM & its members agreed through the Revised Treaty of Chaguaramas:

renewed commitment to establish a CARICOM Single Market & Economy (CSME) with the “harmonisation of standards and technical regulations” e.g., progressive liberalization of its ICT services sector

• CARICOM & its members are to consider the reference frameworks established by existing multi-lateral international treaties and agreements which will guide (or constrain) telecoms / ICT policy development:

• WTO Basic Telecoms Agreement (BTA) & Reference Paper • CARIFORUM/ EU EPA re Telecommunications, electronic

commerce, etc.


Example: Overview of Telecoms Related Aspects of Int’l Frameworks

WTO Reference Framework CARIFORUM/EU EPA

Scope & Definitions Art. 94 Definitions & Scope

Competitive Safeguards Art. 95 Regulatory Authority

Interconnection Art. 96 Authorisation to Provide Telecommunications Services

Universal Service Art. 97 Competitive Safeguards on major suppliers

Public Availability of Licensing Criteria Art. 98 Interconnection

Independent Regulators Art. 99 Scarce Resources

Allocation and use of Scarce Resources Art. 100 Universal Service

Art. 101 Confidentiality of Information

Art. 102 Disputes between suppliers




Where does HIPCAR fit in?

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HIPCAR ProjectObjective is to assist CARICOM / ACP countries in the Caribbean to

harmonize their ICT policies, legislation and regulatory processes, and create an enabling environment for ICT development and connectivity

Harmonization will facilitate & promote investment, competition and better services in the ICT sector across the region

Funded by EU and ITU, and implemented by ITU in collaboration with CTU, CARICOM Secretariat & other regional and national stakeholder organizations in the Caribbean

Part of a broader project covering also ACP countries in sub-Saharan Africa & the Pacific

Caribbean context: Caribbean Single Market & Economy (CSME); Liberalization of services sector; CARICOM Connectivity Agenda; WSIS and MDGs

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An effectively functioning ICT sector is a key driver for development, growth and employment

Global ITU-ACP-EC project: Support for the establishment of harmonized policies for the ICT market in the ACP group of States

Composed of 3 regional sub-projects addressing specific needs:

Caribbean context: Caribbean Single Market & Economy (CSME)Liberalization of services sectorCARICOM Connectivity AgendaWSIS and MDGs

Sub-projects Acronym Duration

1. Support for harmonization of the ICT Policies in Sub-Sahara Africa

HIPSSA 4 years

2. Enhancing competitiveness in the Caribbean through the harmonization of ICT Policies, Legislation and Regulatory Procedures

HIPCAR 4 years

3. Capacity Building and ICT Policy, Regulatory and Legislative Frameworks Support for Pacific Island States

ICB4PIS 3 years

Project management (ITU HQ, Geneva) 5 years

HIPCAR Project Background

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Main project partners currently active…

Country-level organisations• Ministries & bodies responsible for ICT policy, legislation and regulation• Organisations representing the ICT service industry & ICT consumers• Organisations responsible for ICT capacity development (CoEs, etc.)Regional organisations on the HIPCAR Steering Committee• Caribbean Community (CARICOM) Secretariat• Caribbean Telecommunications Union (CTU)• Caribbean Association of National Telecommunications Organizations

(CANTO)• Eastern Caribbean Telecommunications Authority (ECTEL)• Caribbean ICT Virtual Community (CIVIC) – civil society internet

platform

InternationalTelecommunicationUnion 10

15 HIPCAR Beneficiary CountriesAntigua & BarbudaBahamasBarbadosBelizeDominicaDominican RepublicGrenadaGuyanaHaitiJamaicaSt. Kitts & NevisSaint LuciaSt. Vincent & the GrenadinesSurinameTrinidad & Tobago

CARIFORUM – EC Economic Partnership Agreement Signatories


HIPCAR’s 9 Work Areas

Information Society Issues- e-Commerce (Transactions)- e-Commerce (Evidence)- Privacy and Data Protection - Interception of Communications- Cybercrime - Access to Public Information (Freedom of Information)

Telecommunications - Universal Service/Access- Interconnection- Licensing

Decided by stakeholders at the project launch meeting in December 2008 & endorsed by HIPCAR’s Steering Committee


Project Implementation – Two Phases- Phase I (2009-2010): Development of regional

models (based on int’l best practices & country experiences in

the region)

a) ICT policy guidelines

b) Draft model legislative texts to implement these

policies

-----------

- Phase II (2011-2013): Country implementation

Transposition of these models into national policies, laws &

regulations, including implementation assistance & capacity

building


Information Society Issues- e-Commerce (Transactions)

- Model Policies and Legislative Text (with Explanatory Notes)- Annex: Assessment Report

- e-Commerce (Evidence)- Model Policies and Legislative Text (with Explanatory Notes)- Annex: Assessment Report

- Privacy and Data Protection - Model Policies and Legislative Text (with Explanatory Notes)- Annex: Assessment Report

- Interception of Communications- Model Policies and Legislative Text (with Explanatory Notes)- Annex: Assessment Report

- Cybercrime - Model Policies and Legislative Text (with Explanatory Notes)- Annex: Assessment Report

- Access to Public Information (Freedom of Information)- Model Policies and Legislative Text (with Explanatory Notes)- Annex: Assessment Report

List of documents completed for publication on the HIPCAR website:

Stage I: Implementation Overview (cont’d)


Telecommunications - Universal Service/Access

- Model Policies and Legislative Text- Annex: Assessment Report

- Interconnection- Model Policies and Legislative Text- Annex: Assessment Report

- Licensing- Model Policies and Legislative Text- Annex: Assessment Report

Stage I: Implementation Overview (cont’d)

List of documents completed for publication on the HIPCAR website:


Country/Region

1. Transparent

LicensingCriteria

2 .L i c ens ingFramework

3. Licensingof ScarceResources

4. Simplified

License Application Procedures

5. License Conditions

6. Transparent License

Administration and

Transitioning

7. Sanctions and

Enforcement

Antigua and Barbuda LIMITED NONE NONE LIMITED LIMITED NONE LIMITED

Bahamas GOOD GOOD GOOD GOOD GOOD GOOD GOOD

Barbados GOOD GOOD GOOD FAIR GOOD GOOD GOOD

Belize GOOD NONE FAIR FAIR FAIR FAIR FAIR

Dominica GOOD GOOD FAIR FAIR GOOD GOOD GOOD

Dominican Republic GOOD GOOD GOOD FAIR GOOD GOOD GOOD

Grenada GOOD FAIR FAIR FAIR FAIR FAIR GOOD

Guyana LIMITED LIMITED LIMITED NONE FAIR GOOD GOOD

Haiti NONE NONE NONE NONE NONE NONE NONE

Jamaica GOOD GOOD FAIR FAIR FAIR GOOD GOOD

St. Kitts and Nevis GOOD GOOD FAIR FAIR GOOD GOOD GOOD

Saint Lucia GOOD GOOD FAIR FAIR GOOD GOOD GOOD

St. Vincent and the Grenadines

GOOD GOOD FAIR FAIR GOOD GOOD GOOD

Suriname FAIR FAIR FAIR GOOD FAIR FAIR FAIR

Trinidad and Tobago GOOD GOOD GOOD FAIR GOOD GOOD GOOD

Stage I: Extract of Licensing Assessment (April 2010)

Adapted from original prepared by and with the courtesy of Mrs. Sofie Maddens, ITU/HIPCAR Consultant


Country/Region1. Legal Mandate

2. Legal Effect of

Electronic Transactions

3. Legal Requirements

for the Validity of e-Documents

4. Contracts Formation

5. Electronic Signatures

6. Consumer Protection

7. Intermediaries

and Telecommuni-

cations Providers

Antigua and Barbuda LIMITED (GOOD)

LIMITED (GOOD/FAIR)

LIMITED (GOOD)

LIMITED (GOOD)

LIMITED (FAIR)

LIMITED (FAIR)

LIMITED (GOOD)

Bahamas GOOD GOOD GOOD GOOD POOR NONE GOODBarbados GOOD GOOD (FAIR) GOOD FAIR GOOD

(FAIR)NONE GOOD

Belize FAIR GOOD GOOD GOOD NONE GOOD NONEDominica NONE NONE NONE NONE NONE FAIR NONE

Dominican Republic GOOD NONE GOOD GOOD GOOD NONE NONEGrenada LIMITED

(FAIR)LIMITED (GOOD)

LIMITED (GOOD)

LIMITED (GOOD)

LIMITED (FAIR)

LIMITED (GOOD)

LIMITED (GOOD)

Guyana NONE NONE NONE NONE NONE NONE NONEHaiti NONE NONE NONE NONE NONE NONE NONEJamaica GOOD

(FAIR)GOOD GOOD GOOD GOOD GOOD GOOD

St. Kitts and Nevis NONE NONE NONE NONE NONE NONE NONE

Saint Lucia* LIMITED (FAIR)

LIMITED (GOOD)

LIMITED LIMITED (GOOD)

LIMITED (FAIR)

LIMITED (GOOD)

LIMITED (FAIR)


GOOD GOOD GOOD GOOD GOOD GOOD GOOD

Suriname NONE NONE NONE NONE NONE NONE NONETrinidad and Tobago* LIMITED

(GOOD)LIMITED (GOOD)

LIMITED (GOOD)

LIMITED (GOOD)

LIMITED (FAIR)

LIMITED (GOOD)

LIMITED (GOOD)

* Bills laid before Parliament, not yet passed as statute (as of March 2010).

Stage I: Extract of e-Transactions Assessment (March 2010)

Adapted from HIPCAR documents; original prepared by and with the courtesy of Mrs. K. Stephen-Dalton, Mr. G. Martins de Almeida, Mr. K. Prescod, ITU/HIPCAR Consultants


Country/RegionLegal

MandateInstitutional Framework

Definition of

Intercep-tion

Right to Intercept

Intercep-tion

Approval

Confidentiali-ty Measures

Monitor-ing

Intercep-tion

Capabilities

InternalSafeguardMeasures

Dispute Resolution

Antigua and Barbuda

LIMITED LIMITED LIMITED LIMITED LIMITED LIMITED LIMITED LIMITED LIMITED LIMITED

The Bahamas NONE NONE LIMITED NONE LIMITED LIMITED LIMITED LIMITED LIMITED LIMITED

Barbados NONE NONE NONE NONE NONE NONE NONE NONE NONE NONEBelize NONE NONE NONE NONE NONE NONE NONE NONE NONE NONEDominica LIMITED LIMITED LIMITED FAIR LIMITED LIMITED LIMITED LIMITED LIMITED LIMITED

Dominican Republic

NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE

Grenada LIMITED LIMITED LIMITED LIMITED LIMITED LIMITED LIMITED LIMITED LIMITED LIMITED

Guyana NONE NONE NONE NONE NONE NONE NONE NONE NONE NONEHaiti NONE NONE NONE NONE NONE NONE NONE NONE NONE NONEJamaica GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOODSt. Kitts and Nevis LIMITED LIMITED LIMITED LIMITED LIMITED LIMITED LIMITED LIMITED LIMITED LIMITED

Saint Lucia* GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD


LIMITED LIMITED LIMITED FAIR LIMITED LIMITED LIMITED LIMITED LIMITED LIMITED

Suriname NONE NONE NONE NONE NONE NONE NONE NONE NONE NONETrinidad and Tobago*

NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE

Stage I: Extract of Interception of Communications Assessment (March 2010)

* Bills laid before Parliament, not yet passed as statute (as of March 2010).

Adapted from HIPCAR documents; original prepared by and with the courtesy of Mrs. K. Stephen-Dalton, Dr. M. Gercke, Mr. G. Martins de Almeida, Mr. K. Prescod, ITU/HIPCAR Consultants

http://www.itu.int/ITU-D/projects/ITU_EC_ACP/hipcar/

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- Organization & implementation of 7 key project events: - 1 launch/kick-off meeting - 5 Consultation Workshops - 1 Training Workshop on Network Cost Modelling

- Participation at these events of approximately 218 delegates representing stakeholder organizations in 14 of the 15 beneficiary countries; stakeholders include: ministries of telecommunications/ICTs, legal affairs, finance, public administration, national security, trade & commerce, civil service, prime minister’s office, etc., regulators, regional organizations, academia, civil society

- Evaluations of workshop participants show on average a 90% satisfaction with the documents, methodology and organization of the events

- Production of 27 project deliverables containing: 9 pieces of Model Legislation and 9 pieces of Model Policy Guidelines based on 9 Assessment Reports in the work areas of the HIPCAR project

- Organization & implementation of four Steering Committee meetings

Stage I: Some Statistics & Achievements

The Caribbean HIPCAR Model texts & the methodology used have been mentioned at events internationally:

• The London Conference on Cyberspace, London, UK, Nov 2011

• News articles & publications, e.g. ITU News, UNCTAD Information Economy Report 2011, Local newspapers, etc.

• Commonwealth IGF – The Cybercrime Initiative, 6th Annual Meeting of the Internet Governance Forum, Nairobi, Kenya, September 2011

• ITU/UNODC Asia-Pacific Regional Workshop on Fighting Cybercrime, Seoul, Rep. of Korea, September 2011

• ITU/EU-funded ICB4PAC Project, Workshop on Concepts and Techniques of Developing Cyber Crime Policy and Legislation, Samoa, August 2011

• ITU WSIS 2011 Parliamentary Forum Session, Geneva, Switzerland, May 2011

• 2nd EU-Macao Co-operation Programme in the Legal Field, Seminar on Internet Crimes: From Global Challenges to Small Countries Response, Macau, March 2011

• ITU/EU-funded ICB4PAC Project, Workshop on Cyber-Legislation Assessment of the Present Situation in the Pacific, Vanuatu, March 2011

• UNESCWA, Expert group meeting to harmonize cyberlegisation in the region, Beirut, Lebanon, February 2011;

• UNODC, Open-ended intergovernmental expert group on Cybercrime, Vienna, Austria, 17-21 January 2011;

• Attorney General mentioned Caribbean cybercrime model texts in presentation, Jakarta, Indonesia, December 2010

• EU Workshop on Fighting against Cybercrime, Cairo, Egypt, March 2010

Stage I: HIPCAR in the World

Generic Regulatory Harmonization Cycle(Adapted from original prepared by and with the courtesy of Sandro Bazzanella, ITU - EC Project Manager)

2. National Implementation

(HIPCAR Stage II) Technical

assistance Validation and

adoption National training

3. Monitoring and assessment

Implementation status

Review of Best Practices

Analysis of interaction between

regulation and ICT markets

1. Regional Harmonization

(HIPCAR Stage I) Policy objectives Legal framework Regulatory

guidelines Regional training

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Stage II – Strategy OverviewTransposition into national ICT policies and legislation

Endorsement / support to the HIPCAR models by relevant regional bodies: CARICOM Sec. Chief Parliamentary Council /

Legal Affairs Committee & Heads of Governments and CTU Governance bodies

Country Assistance Requests

Design of Country Action

Plans/TORs

Imple-mentation

Two parallel tracks:

Prepared jointly by

HIPCAR and the concerned

country authorities

Led by country authorities with HIPCAR support

Formal requests received from

Barbados, Dominican Republic, Grenada, Haiti, Jamaica, St. Kitts & Nevis, Saint Lucia, Suriname, Trinidad & Tobago

OECS EGRIP looked at HIPCAR documents (Grenada, Dominica, Saint Lucia, St. Vincent & the Grenadines)

Approval of Country Action

Plans/TORs

By corresponding Government and ITU (re

HIPCAR inputs)

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Types of inputs typically to be provided by the country and by HIPCAR when implementing the Action Plans:

Country inputs: • Designation, organization of and support to the country task force

• Identification of & support to HIPCAR local experts• Organization & implementation of any local consultations, meetings,

workshops, etc., including arrangement of facilities

• Taking necessary action as necessary to adopt & implement the new policies & legislation

HIPCAR Project inputs: • Translation of model documents into local language, where

applicable (Dutch, French, Spanish)

• Identification, recruitment & support to HIPCAR international, regional & local experts, including covering their costs of fees & travel

• Monitoring & reporting on project outputs / outcomes

Imple-mentation

Stage II – Strategy Overview (cont’d)

Comparative Law Analysis StakeholderConsultation

Drafting Legislation and Policy Validation and Capacity Building

Final Report

Week One (to Three) Week Two (Four to Five) Week Three (Six to Eight) Week Four (Eight to Twelve)

Review of the submitted national legislation and policies, drafting of a comparative law analysis

Collection of best practices and review of existing legislation

Based upon the input from the stakeholders and the comparative law analysis, draft policies and draft legislation will be developed

Presentation of the draft legislation that includes the input from the stakeholders. In addition, Capacity Building Workshop

Input to the final report that is drafted by a national counterpart

Adapted from original prepared by and with the courtesy of Dr. Marco Gercke, Cybercrime Research Institute, ITU Consultant

Draft Project Plan November 2011

Stage II: General Concept

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Stage II: Status of AssistanceCountry requests received & implemented to date:

Country

WG 1 - Information Society Issues WG 2 - Telecommunications

e-Transac-

tionse-Evidence

Privacy & Data

Protection

Interception of

Communi-cations

Cybercrime

Access to Public

Information / FOI

Universal Access / Service

Interconn-ection Licensing

Barbados R C R C C R C C C

Dominica EGRIP & invitation to participate as observers at HIPCAR Consultations (OECS countries)

Dominican Republic R R S

Grenada R C R C C R R R R

Haiti S S R S S R R R R

Jamaica R R R R R R R

St. Kitts & Nevis R Bill passed R Bill passed C R S S S

Saint Lucia EGRIP C EGRIP C C C C

St. Vincent & Grenadin.

EGRIP & invitation to participate as observers at HIPCAR Consultations (OECS countries)

Suriname U (Translation of Model Texts in all nine areas of work; specific technical assistance TBC)

Trinidad & Tobago C R S TBC U R R R R

Legend:R = Request S = StartingU = Underway C = Completed

CARIFORUM –EC/EPA Implementation Units…

Food for Thought & Follow-upJust a suggestion: Contacts between Regional EPA Implementation Units and HIPCAR Country Focal Points at the Ministries responsible for ICTs/telecommunications

Deadline for submission of country requests / actions: July/August 2012

Project Phasing out: Sept. 2013

THANK YOU Kerstin LUDWIG

Project Coordinator HIPCARBDT/PRI/ITU-EC Project

[email protected]

Phone: +1 (246) 431 0343

ITU Area Office United Nations House

Marine Gardens, Hastings Barbados, West Indies

Sandro BAZZANELLAITU-EC Project ManagerBDT/PRI/ITU-EC Project

[email protected]

Phone: +41 22 730 6765

ITU Headquarters Place des NationsCH-1211 Geneva 20Switzerland

http://www.itu.int/ITU-D/projects/ITU_EC_ACP/


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