The State of Palestine has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.

The State of Palestine has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce. Nonetheless, electronic commerce is regulated under Decree-Law No. 15 of 2017 AD on Electronic Transactions and the Electronic Transactions and Trust Services Law of 2024.

The State of Palestine has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures. Nonetheless, electronic signatures are regulated under Decree-Law No. 15 of 2017 AD on Electronic Transactions and the Electronic Transactions and Trust Services Law of 2024.

According to Art. 3 of the Instructions No. 1 of 2017 for Telecommunications Equipment Obtaining Type Approval, any entity wishing to obtain type approval for communications equipment must follow a formal application procedure. First-time applicants must submit a type-approval application using the Ministry’s prescribed form and attach, at a minimum, the following:
(i) Detailed technical data and catalogues for the equipment, including its connection specifications with public communications networks, in Arabic and English; where Arabic is unavailable, English alone is acceptable.
(ii) A manufacturer’s Declaration of Conformity confirming that the equipment complies with ITU, ETSI or FCC specifications, signed by the manufacturer and, where the applicant is a supplier, also by the supplier. The Ministry may also request a copy of the technical inspection report supporting this declaration.
(iii) An approved report on the laboratory tests conducted on the equipment and their results, indicating at least:
- the names and addresses of the testing laboratories, the countries that accredit them, and the dates of the tests;
- compliance with safety requirements;
- electromagnetic compatibility and interference, including EMC, EMI and RF tests;
- relevant health standards; and
- the specific absorption rate (SAR).
(iv) Copies of catalogues showing the technical specifications of the equipment (in Arabic or English).
In addition, it is reported that the appointment of a local representative is not required for this procedure and that, as a general rule, no physical sample of the equipment is required for the type-approval assessment.

According to Art. 8.2 of Decree No. 10 of 2018 on Cybercrime, any person who unlawfully uses personal encryption elements is liable to imprisonment for a term of not less than one year and/or a fine ranging from JOD 1,000 to JOD 3,000 (approx. USD 1,500 to 4,500), or the equivalent in the lawful currency in circulation. It is reported that, due to the lack of specificity as to what constitutes “unlawful” use and the severity of the penalties under Art. 8, this provision is constrains the use of encryption systems in the country.

The State of Palestine does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.

According to Art. 39 of Decree No. 10 of 2018 on Cybercrime, investigative and enforcement authorities that detect hosted websites (inside or outside the State) disseminating content deemed to threaten national security, public order or public morals may request the Attorney General’s authorisation to block such websites or specific links. The court must decide on the request on the same day it is submitted, and any blocking order may not exceed six months, unless renewed in accordance with the same procedure.
It is reported that the Cybercrime Law provides for substantial fines and lengthy prison terms for broadly defined offences, including the publication or dissemination of material considered critical of the State, disruptive of public order or national unity, or harmful to family and religious values. Art. 39 of the Law has reportedly been applied in practice to order the blocking of news and media outlets, including 59 media sites and social media pages such as Shehab News Agency, Quds Network, Ultra Palestine, Arab 48, PalAbroad and Al-Majd, some of which operate primarily via Facebook rather than dedicated websites. It remains unclear whether these websites and social media pages are still blocked in the country.

The Palestinian Ministry of Telecommunications and Information Technology (MTIT) administers a licensing regime for the provision of networks and telecommunications services, as well as for certain communications-related professions. The former covers licences for services such as Voice over Internet Protocol (VOIP), value-added services (VAS), and the management and maintenance of telecommunications services and information networks. The latter includes a licensing requirement for operating Internet cafés. Information on applicable fees, guarantees, application procedures, and licensed service providers is published on the MTIT’s official website.

According to Art. 8 of the Instructions No. 1 of 2017 for Telecommunications Equipment Obtaining Type Approval, all telecommunications equipment submitted for type approval for the purpose of import or entry into the country must be new. Therefore, as type approval cannot be granted for used or refurbished equipment, this equipment cannot be imported into the country.

According to information published by the Investment Promotion and Industrial Estate Agency, Palestinian and foreign entities must obtain a trade authorisation before engaging in import activities. The Foreign Trade Dealing Registration operates as a one-time authorisation to conduct cross-border trade, covering both imports and exports. Applications are submitted to the Ministry of National Economy, which, upon approval, issues an authorisation valid for trade with both Palestine and Israel. Additionally, the Palestinian system applies the Israeli import regime, which might result in additional import licences based on the Israeli Tariff Book.

According to Art. 23 of Decree-Law No. 37 of 2021 on Communications and Information Technology, the entry or import of any communications equipment or terminal equipment into the country is prohibited unless prior approval is obtained from the competent authority, except where the equipment is imported for personal use. The Telecommunications Regulatory Authority is required to issue instructions setting out the conditions and procedures for importing, manufacturing, using and trading in such communications and terminal equipment.
Information on the applicable fees and the application procedure, as well as a list of companies licensed to import telecommunications equipment is available on the official website of the Palestinian Ministry of Telecommunications and Information Technology (MTIT).

There is no obligation for passive infrastructure sharing in the country to deliver telecom services to end-users, and it is not practised in the mobile sector or in the fixed sector, based on commercial agreements.

The government holds shareholdings in certain telecommunications operators. In particular, the State owns 31.7% of Ooredoo Palestine through the Palestine Investment Fund (PIF) and approximately 7% of the Palestine Telecommunications Company (PALTEL), also through the PIF.

According to Art. 8(e)(4) of Instructions No. 1 of 2011 Regarding Protection of Competition in the Telecommunications Sector, the Regulator may require a dominant licensee to implement accounting separation in order to assess potential cross-subsidisation and to help identify other forms of anti-competitive conduct. Art. 8(1) of the Instructions sets out the procedure for determining whether an operator holds a dominant position. It is reported that the government is preparing regulations to operationalise regulatory accounting separation. Furthermore, it is also reported that functional separation is required by law; however, the specific legislative instrument establishing this obligation could not be identified in publicly available sources.

The State of Palestine has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments. In fact, the country is not a member of the WTO.