TURKMENISTAN
Since March 2008, last amended in June 2019
Pillar Foreign Direct Investment in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Law of Turkmenistan of 3 March 2008 No. 184-III about foreign investments (Türkmenistanyň Kanuny 2008-nji ýylyň 3-nji marty № 184-III Daşary ýurt maýa goýumlary hakynda)
Art. 7 of Law No. 184-III provides that the investment project with foreign investment shall be subject to mandatory state examination, including the observance of the norms of seismic stability, fire and explosion safety, environmental and sanitary requirements. Examination and registration of investment projects with foreign investments, as well as consideration of other forms of foreign investments should be done in the manner prescribed by law. In addition, Art. 6.4 states that the authorized body shall organize the examination of investment projects with foreign investment, and carries out their registration.
Coverage Horizontal
TURKMENISTAN
Since March 2010, last amended in November 2021
Pillar Foreign Direct Investment in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Law of Turkmenistan No. 93-IV about Communications (Türkmenistanyň Kanuny Aragatnaşyk hakynda - № 93-IV)
Art. 16 of the Law about Communications states that government, postal and courier communications, technical means and networks of telecommunications used for defence, national security, protection of the State border and law and order, as well as technical means of national television and radio broadcasting and the enterprises ensuring their operation and development, belong exclusively to State ownership.
Coverage Telecommunications sector
TURKMENISTAN
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Turkmenistan is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), as it is not a member of the WTO.
Coverage Horizontal
TURKMENISTAN
Reported in 2022
Pillar Foreign Direct Investment in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Limits on foreign investment
According to Art. 2 of Law of Turkmenistan No. 698-XII on Investment Activity in Turkmenistan (Türkmenistanyň Kanuny № 698 - XII Türkmenistanda maýa goýum işi hakynda), investments by foreign states, legal entities, individuals and persons without citizenship, as well as joint investments by Turkmenistan and foreign states, legal entities, individuals and persons without citizenship, are permitted. The same is confirmed in Law of Turkmenistan of 3 March 2008 No. 184-III about foreign investments (Türkmenistanyň Kanuny 2008-nji ýylyň 3-nji marty № 184-III Daşary ýurt maýa goýumlary hakynda) in Art. 3. Moreover, according to Art. 8.1 of Law No. 184-III, it is understood that the legal regime of foreign investors and companies with foreign investment and the use of profits from the investment cannot be less favourable than the legal regime of activities and the use of profits from the investment provided by domestic investors.
However, it is reported that there is tight state control of the economy and the government has only allowed significant foreign ownership and foreign direct investment in the energy sector.
However, it is reported that there is tight state control of the economy and the government has only allowed significant foreign ownership and foreign direct investment in the energy sector.
Coverage Horizontal
Sources
- https://invest.gov.tm/norm/view?id=12#:~:text=This%20Law%20defines%20the%20legal,of%20their%20form%20of%20ownership.
- https://www.state.gov/reports/2022-investment-climate-statements/turkmenistan/
- https://www.lloydsbanktrade.com/en/market-potential/turkmenistan/investing
- https://invest.gov.tm/norm/view?id=14
- Show more...
TURKMENISTAN
Reported in 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Reported limitations on foreign participation in public procurement
It is reported that a company interested in participating in the tender process must submit all the tender documents to the respective ministry or agency in person. Many foreign companies with no presence in Turkmenistan provide a limited power of attorney to local representatives who then submit tender documents on the company’s behalf. A list of required documents for screening is usually provided by the state agency announcing the tender. It is also reported that the tender process is opaque and difficult to navigate, particularly for companies outside Turkmenistan, and not all tenders are publicly announced. Many tenders are not fully available online and require a local agent to pay a fee to obtain the information on paper.
It is reported that before most contracts can be signed, the agreement must be approved by the State Commodity and Raw Materials Exchange, the Central Bank, the Supreme Control Chamber, and the Cabinet of Ministers. It is also reported that the approval process is not transparent and often appears politically driven.
It is reported that before most contracts can be signed, the agreement must be approved by the State Commodity and Raw Materials Exchange, the Central Bank, the Supreme Control Chamber, and the Cabinet of Ministers. It is also reported that the approval process is not transparent and often appears politically driven.
Coverage Horizontal
TURKMENISTAN
Since December 2014, last amended in June 2023
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Law of Turkmenistan No. 158-V About tenders for delivery of goods, performance of works, rendering services for the state needs (Türkmenistanyň Kanuny № 158-V Döwlet zerurlyklary üçin harytlar bilen üpjün etmek, işleri ýerine ýetirmek, hyzmatlary etmek boýunça bäsleşikler hakynda)
Art. 13.2 of Law No. 158-V provides that when the tender organizer limits participation to suppliers in Turkmenistan, it may additionally limit the list of potential suppliers to small and medium-sized businesses in Turkmenistan, and/or set conditions for the use of only local labour resources and/or raw materials and supplies.
Coverage Horizontal
TURKMENISTAN
Since December 2014, last amended in June 2023
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Law of Turkmenistan No. 158-V About tenders for delivery of goods, performance of works, rendering services for the state needs (TÜRKMENISTANYŇ KANUNY № 158-V Döwlet zerurlyklary üçin harytlar bilen üpjün etmek, işleri ýerine ýetirmek, hyzmatlary etmek boýunça bäsleşikler hakynda)
Art. 17.6 of the Law No. 158-V establishes that, unless the organizer decides to accept an additional language, applications must be submitted in Turkmen, which is the state language.
Coverage Horizontal
TURKMENISTAN
Since December 2014, last amended in June 2023
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Law of Turkmenistan No. 158-V About tenders for delivery of goods, performance of works, rendering services for the state needs (Türkmenistanyň Kanuny № 158-V Döwlet zerurlyklary üçin harytlar bilen üpjün etmek, işleri ýerine ýetirmek, hyzmatlary etmek boýunça bäsleşikler hakynda)
Art. 13.1 of Law No. 158-V states that in the case that in the domestic market of Turkmenistan there are enough potential suppliers, the tender organiser has the right to limit participation in tender procedures to potential suppliers of Turkmenistan or to establish priority for State enterprises and/or public organisations of disabled persons in Turkmenistan.
Coverage Horizontal
TURKMENISTAN
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Turkmenistan is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II). In fact, Turkmenistan is not a member of the WTO.
Coverage ICT goods
TURKMENISTAN
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
1.59%
Coverage rate of zero-tariffs on ICT goods (%)
88.7%
Coverage: Digital goods
UZBEKISTAN
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Uzbekistan 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
UZBEKISTAN
N/A
Pillar Online sales and transactions |
Sub-pillar 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
Uzbekistan has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
UZBEKISTAN
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Uzbekistan 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
UZBEKISTAN
N/A
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
Uzbekistan lacks a comprehensive framework for consumer protection that applies to online transactions.
Coverage Horizontal
UZBEKISTAN
Reported in 2023
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
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 1000.
Coverage Horizontal