THE STATE OF E-COMMERCE IN

ANTIGUA

By

Matthew Bascombe
Dillon Bourne
Shari Bovell
The State of E-commerce in Antigua

E-commerce Legislation in Antigua

The island of Antigua has limited legislation concerning e-commerce in their country. Currently,
there are three Acts which address e-commerce or online monetary transactions. These will be
discussed below.

The Electronic Transactions Act 2006

This act was created on November 17, 2006 to “establish the legal principles applicable to the
conduct of electronic commerce and the processing, verification and attribution of electronic
records; to provide for the approval, registration and liabilities of service providers and for
incidental and connected purposes.”
The document defines electronic commerce as “the type of business engaged by e-commerce
service providers”.
Part IX entitled Miscellaneous addresses the consumer’s protection. It states that once electronic
communication is being used to sell goods or services then accurate, clear and accessible
information must be presented to the consumer. All communication must also be effective, be
sufficient for the consumer to make a knowledgeable decision and to allow legal processes to
follow.
Specific information that must be presented includes:
1. Legal name of the person
2. Geographic address
3. Electronic means of contact or telephone number
4. Goods or service description
5. Terms, conditions and costs associated with a transaction
6. Methods of payment
7. Conditions necessary for withdrawal, termination, return, exchange, cancellation and
refund policies.
The 2006 Act goes on to state that a board (e-Business Advisory Board) is to be created under
this Act to advise the Minister and carry out any matter related to this Act.

The Electronic Transfer of Funds Crimes 2007

This Act outlines the crimes and punishments for electronic monetary offenses. The document
takes into account the following offenses among others (Antigua and Barbuda Goverment 2007):
 1. Forgery
a. Penalty: $30,000 - $50, 000 fine, imprisonment of two to five years, or both.
2. False statements
3. Theft by taking or retaining possession or details of a card
4. Card theft
5. Purchase or sale of a card of another person
6. Dealing in card of another person
7. Fraud by person authorised to provide goods or services
8. Receipt of money obtained from fraudulent use of a card
9. Possession of card-making equipment
A person committing a general offence for fraudulent electronic funds transfer can be subject to
the same penalties listed for forgery.
Exceptionally, the Act addresses the territorial scope of the offenses stating that the Act applies
to “any person, whatever his nationality or citizenship, outside as well as within Antigua and
Barbuda”. Even if the person committing an offense under this Act is outside of Antigua and
Barbuda, the matter will be handled as though the offence occurred in the twin island.

The Customs Control and Management (Amendment) Bill 2015

Of notable mention is the effort made by the Customs Department of Antigua and Barbuda to
introduce an electronic system into their operations. The Automated Systems Customs Data
world system is noted to make “doing business in Antigua & Barbuda Customs & Excise
Division so much easier” (Antigua and Barbuda Goverment 2015). This shows the continued
acceptance by government for e-commerce in the twin island. The document lists the advantages:
a. Most transactions can be handled via the internet;
b. Available 24 hours a day 7 days a week;
c. Simpler procedures and documentation;
d. Computerized Warehousing and duty fee shop operations;
e. Tariff and list of importers available online;
f. Reduction in use of paper for Customs transactions;
g. Simplified import and export procedures;
h. Faster cargo clearance;
i. Minimization of administrative costs to the Trading community;
j. Reduction of the administrative burden on trade through the introduction of the Direct
Trader Input (DTI).

In summation, it is seen that Antigua and Barbuda are not to be left out of the move to e-
commerce from traditional systems. These Acts have been around for over ten years. Having the
appropriate legislation is important, and though the list is by no means exhaustive, it has
certainly laid a deep foundation for the country to build on.
References

Antigua and Barbuda Goverment. 2006. Electronic Transactions Act. Act, Goverment Printing
Office.
Antigua and Barbuda Goverment. 2007. Electronic Transfer of Funds Crimes. Act, Goverment
Printing Office.
Antigua and Barbuda Goverment. 2015. The Customs Control and Mangement (Amendment)
Bill. Amendment Bill, Government Printing Office.