CHILE
Since September 2004, last amended in October 2021
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Decree No. 250 Approving the Regulation for Supply and Provision of Services Contracts (Decreto No. 250 Aprueba Reglamento sobre Contratos Administrativos de Suministro y Prestación de Servicios)
According to Art. 67 of Decree No. 250, the tendering agency may establish the obligation to constitute a company of Chilean nationality or an agency in case a foreign company wins a public tender.
Coverage Horizontal
CHILE
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Chile is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 1997.
Coverage Horizontal
CHILE
Since June 2015
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Act No. 20,848 Establishing a Framework for Foreign Direct Investment in Chile and Creating the Respective Organization (Ley No. 20,848 Establece Marco para la Inversión Extranjera Directa en Chile y Crea la Institucionalidad Respectiva)
Act No. 20,848 sets forth that foreign investors shall be treated in the same manner as local investors. Consequently, it is forbidden to discriminate against a foreign investor or a company that is majority- or minority-owned by these types of investors. Art. 9 states that foreign investors are subject to the same legal regime as national investors without arbitrary discrimination.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231001023529/https://www.bcn.cl/leychile/navegar?idNorma=1078789
- https://web.archive.org/web/20230204023535/https://www.bcentral.cl/en/web/banco-central/news-and-publications/normative/summary-of-regulation-of-internationals-change
- https://web.archive.org/web/20241128150301/https://www.carey.cl/wp-content/uploads/filebase/filebase/noticias/_notes/Chilean-chapter-ICLG-Foreign-Direct-Investment-Regimes.pdf
- https://web.archive.org/web/20240221184813/https://www.state.gov/reports/2018-investment-climate-statements/chile/
- Show more...
CHILE
Since April 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Commercial presence requirement for digital services providers
Transportation Application Transportation Companies Law (Ley de Empresas de Transporte de Aplicación EAT)
According to the App Transportation Companies Act (EAT), which regulates paid passenger transportation services offered through applications, any company wishing to provide passenger transportation services through applications must be registered in the Registry of App Transportation Companies supervised by the Ministry of Transport and Telecommunications and be domiciled in Chile (Art. 4).
According to Art. 1, an application transport company covers any legal person that provides or makes available to persons a digital platform service, computer system or technology of any kind which allows a passenger to contact the owner, manager or driver of a small passenger transport vehicle, to be transported from a given origin to a given destination, upon payment of a fee for the service received.
According to Art. 1, an application transport company covers any legal person that provides or makes available to persons a digital platform service, computer system or technology of any kind which allows a passenger to contact the owner, manager or driver of a small passenger transport vehicle, to be transported from a given origin to a given destination, upon payment of a fee for the service received.
Coverage App transportation companies
CHILE
Since December 2022, entry into force in February 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Commercial presence requirement for digital services providers
Law No. 21,521 Fintech Law Promoting Competition and Financial Inclusion Through Innovation and Technology in the Provision of Financial Services (Ley No. 21521 Promueve la Competencia e Inclusión Financiera a Través de la Innovación y Tecnología en la Prestación de Servicios Financieros, Ley Fintec)
Under Art. 5 of the Fintech Law, the entry into the Financial Market Commission (CMF) Register of Financial Service Providers is a prerequisite for the provision of technology-based financial services, including (a) crowdfunding platforms, (b) the operation of alternative trading systems, (c) credit and investment advice, (d) custody of financial instruments and (e) order routing and financial instrument intermediation. International businesses providing these services must be domiciled in Chile. Art. 5 mentions some entities exempt from this requirement.
Coverage Fintech sector
CHILE
Since January 1991, last amended in March 2005
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Act No. 19,039 on Industrial Property (Ley No. 19,039 de Propiedad Industrial)
Art. 2 of the Industrial Property Act states that natural or legal persons residing abroad must designate a proxy or representative in Chile to file a patent application. A patent must be registered with the National Institute for Industrial Property (INAPI). An application should be filed before the invention is disclosed to the public. A prior foreign application can be invoked in Chile within a certain period of time. The patent must fulfil three main requirements: novelty, level of invention, and industrial application.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231002213013/https://www.inapi.cl/patentes/tipos-de-patentes/invencion
- https://wipolex.wipo.int/en/treaties/parties/remarks/CL/6
- https://web.archive.org/web/20240717002030/https://www.bcn.cl/leychile/navegar?idNorma=30406
- https://web.archive.org/web/20231031232751/https://ustr.gov/about-us/policy-offices/press-office/reports-and-publications/2021
- https://web.archive.org/web/20240713184324/https://www.bcn.cl/leychile/navegar?idNorma=250708
- Show more...
ZIMBABWE
Since December 2019
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Consumer Protection Act (Chap 14:44) of 2019
The Consumer Protection Act (Chapter 14:44) of 2019 provides a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal
ZIMBABWE
N/A
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Zimbabwe has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
ZIMBABWE
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Zimbabwe has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
ZIMBABWE
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Zimbabwe has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
ZIMBABWE
Since March 2000
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Postal and Telecommunications Act, [Chapter 12:05]
According to Section 62, the telecommunication apparatus requires approval of the Authority before it is connected for use by a licensee. As a basis of approval, the Authority may publish a notice in the Gazette establishing standards to which an apparatus of a specified description shall conform to be approved. It is reported that self-declaration of conformity is not allowed in Zimbabwe.
Coverage Telecom equipment
ZIMBABWE
Since August 2020
Pillar Online sales and transactions |
Indicator Restrictions on online payments
Mid-Term Monetary Policy Statement
According to Art. 47 of the Mid-Term Monetary Policy Statement, users are restricted to only one mobile wallet account per person and a daily transfer limit of ZW 5,000 (approx. USD 50). This applies to individuals for person-to-person transfers, person-to-merchant payments for goods and services, bill settlement and purchase of airtime. In addition, pursuant to Art. 50 merchants are not allowed to make payments from their wallets. This is also the case for agent mobile money wallets, which have been abolished by the Policy. In this regard, users can no longer make transactions through mobile money agents. It is reported that this is likely to affect customers in rural Zimbabwe who rely on the agents to access mobile money services. These agents gave rural consumers the opportunity to integrate into the financial system.
Coverage Mobile money
ZIMBABWE
Reported in 2022, last reported in 2024
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 10, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
ZIMBABWE
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Lack of independent telecom authority
Zimbabwe has a telecommunications authority: The Postal and Telecommunications Regulatory Authority of Zimbabwe (POTRAZ). However, it is reported that this entity is not fully independent.
Coverage Telecommunications sector
Sources
ZIMBABWE
Since October 2014, last amended in June 2019
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
Postal and Telecommunications (Subscriber Registration) Regulations, 2014
Section 8 of the Postal and Telecommunications (Subscriber Registration) Regulations of 2014 stipulated that subscriber information in the telecom sector must not be transferred outside the Republic of Zimbabwe. An amendment in 2019 introduced new provisions. According to the revised Section 8, if transferring subscriber information to a foreign host becomes necessary or unavoidable for operational purposes, the service provider must ensure that the data is encrypted to prevent it from being read by the foreign host. The local service provider is required to retain the encryption keys to prevent unauthorised access. Additionally, before entering into any storage arrangement, the service provider must submit a report on data protection measures and hosting agreements to the relevant authority. Furthermore, the service provider must obtain clear, affirmative consent in writing from the subscriber for the transfer of personal data and must not sell, trade, or share the transferred data.
Reports indicate that the approvals of the regulators for data transfers are evaluated on a case-by-case basis.
Reports indicate that the approvals of the regulators for data transfers are evaluated on a case-by-case basis.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20211204231332/https://www.veritaszim.net/sites/veritas_d/files/SI%202014-95%20-%20Postal%20&%20Telecommunications%20(Subscriber%20Registration)%20Regulations,%202014.pdf
- https://web.archive.org/web/20241125163141/https://www.veritaszim.net/sites/veritas_d/files/SI%202019-250%20Postal%20and%20Telecommunications%20%28Subscriber%20Registration%29%20%28Amendment%29%20Regu...
- https://web.archive.org/web/20240503073436/https://www.gsma.com/solutions-and-impact/connectivity-for-good/mobile-for-development/wp-content/uploads/2024/04/GSMA_Oriel_DLR-Report.pdf
- Show more...
