Tmcel - Moçambique Telecom SA, a state-owned enterprise, was once the monopoly holder in the telecommunications sector but has since lost its dominant position. Despite its state ownership, Tmcel no longer leads the market, with Vodacom SA now commanding the largest market share, holding 49% of subscribers.

According to Art. 30.1 of Decree No. 79/2022 (which repeals Decree No. 5/2016), the following margins of preference shall apply to domestic bidders: (i) 15% of the contract value, excluding taxes, for public works contracts and contracts for the provision of services to domestic bidders; and (ii) 20% of the contract value, excluding taxes, for goods that are or have been produced in the country.
National or domestically produced products are considered to be those produced entirely in the country or those manufactured which, in the transformation process, must have an incorporation of national factors of at least 35% and, in the case of services, at least 60% of the wage bill must correspond to the remuneration of national workers (Art. 30.2). In addition, in accordance with Art. 30.5, in the case of goods, the producer's declaration model must demonstrate the incorporation of domestic factors, the value of which must correspond to at least 35% of the ex-works price of the finished product.

Mozambique is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.

There are no foreign ownership limitations in sectors relevant for digital trade.

Art. 22 of Law No. 8/2023 (which repealed the previus Investment Law No. 3/1993) establishes a screening regime for foreign investment projects considered sensitive due to their potential economic, environmental, security, or public health impacts, as well as for large-scale undertakings. This regime also applies to public-private partnership ventures, business concessions, and projects requiring at least 10,000 hectares of land, among others. According to Art. 16 of Decree No. 8/2024, applicants within this authorisation regime must submit detailed technical, economic, and financial feasibility studies to prove the viability of their projects. In contrast, projects not subject to the authorisation regime are only required to undergo a registration regime, which mandates the submission of an investment proposal without the need for comprehensive feasibility studies.

Under Art. 5 of the Electronic Transactions Law, the domain name regulation falls under the competence of the National Institute of Information and Communication Technologie - INTIC (Regulatory entity), which can grant the registration or assign this function to third parties (agents). According to Art. 8 Decree No. 82/2020, only national entities providing internet DNS services, ICT service providers and foreign companies with a branch in Mozambique can be eligible and qualify as domain registration agents.

Mozambique is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).

In February 2020, Mexico’s Instituto Federal de Telecomunicaciones (IFT) issued guidelines under Technical Provision IFT-012-2019, which entered into force in February 2021 and has been reported to create a significant barrier to trade for mobile telecommunications products. Reports indicate that the framework may delay time-to-market by requiring in-country testing for Specific Absorption Rate (SAR). It is also reported that the applicable requirements rely on standards considered outdated compared with more recent guidance from the International Electrotechnical Commission (IEC)/Institute of Electrical and Electronics Engineers (IEEE), as well as the International Commission on Non-Ionizing Radiation Protection (ICNIRP). In addition, the rules reportedly entail duplicative testing and may create bottlenecks, as Mexico has only a limited number of accredited facilities capable of performing the required tests.

It is reported that the conformity procedures of the Agreement, under which the Plenary of the Federal Telecommunications Institute issues the Conformity Assessment Procedure for Telecommunications and Broadcasting, contain worrying language requiring the sharing of test reports that may contain in-depth confidential information about ICT products.

Mexico does not apply a horizontal de minimis threshold, which is the minimum value of goods below which customs do not charge duties, across all trading partners. Yet, Rule 3.7.35 of the General Foreign Trade Rules for 2025 provides duty relief to specific, origin-based categories. For shipments from the United States and Canada, the de minimis threshold for customs duties is USD 117, while for countries covered by certain trade agreements, including Panama, the Pacific Agreement, and the Trans-Pacific Partnership, the applicable de minimis threshold is USD 1.

Under Mexico’s Value Added Tax Law (LIVA), non-resident suppliers of digital services without an establishment in Mexico are subject to specific compliance obligations. In particular, Art. 18-D(VI) requires such suppliers to appoint a legal representative and provide an address in Mexican territory for notification and compliance-monitoring purposes. Where a non-resident supplier fails to comply with the relevant obligations, Art. 18-H BIS provides for the temporary blocking of access to the supplier’s digital service through Mexican telecommunications network concessionaires until compliance is achieved.
The applicability of these obligations depends on whether the activity qualifies as a “digital service” under Art. 18-B, which enumerates four categories, including (i) digital content, and (ii) digital intermediation between third-party suppliers and customers. In this regard, the SAT’s Criterion 40/IVA/N, published in the Official Gazette on 11 October 2024, broadens the interpretation of “digital intermediation services” by treating platforms as intermediaries where, for consideration, they enable customers to offer goods or services to third parties and allow suppliers and customers to agree via the platform on the transaction terms and price. The criterion further clarifies that this characterisation may apply even where the platform presents itself as merely an “online store,” if it also connects third-party suppliers with customers.

The Federal Law of Consumer Protection provides a comprehensive consumer protection framework that applies to online transactions. Art. 1, number VIII, enshrines consumer protection in digital transactions as a fundamental principle. Chapter VIII, BIS, of this law sets out consumer rights in transactions by means of electronic, optical, and other technologies. In addition, the Code of Commerce allows the use and validity of electronic signatures (whether simple or advanced) in any commercial or consumer transaction. Furthermore, the Federal Civil Code also establishes that, if express consent is required, it may be given by electronic means or any other technology.

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