Database

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VENEZUELA

Since April 2005
Since December 1999

Pillar Intermediary liability  |  Indicator User identity requirement
Official Gazette No. 38,157: Administrative Ruling Containing the Norms Related to the Information Requirement in the Mobile Telephony Service (Gaceta Oficial No. 38.157: Providencia Administrativa Contentiva de las Normas Relativas al Requerimiento de Información en el Servicio de Telefonía Móvil)

Constitution of the Bolivarian Republic of Venezuela (Constitución de la República Bolivariana de Venezuela)
In order to purchase a cell phone, a SIM card or a USB modem to access mobile broadband, the Administrative Ruling Containing the Norms Related to the Information Requirement in the Mobile Telephony Service requires customers to register their personal identification number, address, signature and fingerprints (Art. 2). This might also be connected to the general provision in the Constitution that prohibits anonymity (Art. 57).
Coverage Telecommunications sector

VENEZUELA

Since October 2017

Pillar Intermediary liability  |  Indicator User identity requirement
Official Gazette 41,265: Administrative Ruling No. 171 whereby the rules related to the collection of personal data of the applicants of mobile and fixed telephony services through wireless networks or non-geographic number with nomadic voice service are issued (Gaceta Oficial 41.265: Providencia Administrativa No. 171 mediante la cual se dictan las normas relativas a la recopilación o captación de datos personales de los solicitantes de los servicios de telefonía móvil y telefonía fija a través de redes inalámbricas o número no geográfico con servicio de voz nómada)
Art. 4 of Administrative Ruling No. 171 stipulates that individuals registering for a fixed or mobile telephone service must provide specific personal data, including an email address, fingerprints, and a digital photograph captured at the point of transaction.
Coverage Fixed and mobile telephone services

VENEZUELA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Maximum foreign equity share for investment in the telecommunication sector
Limits on investment in state-owned enterprise
The main fixed-line operator (Compañía Anónima Nacional Teléfonos de Venezuela, Cantv) is controlled by the Venezuelan government, and it is reported that there is no foreign ownership. On the other hand, it is reported that full foreign ownership is allowed in the telecommunications sector.
Coverage Telecommunications sector

VENEZUELA

Since May 2007

Pillar Telecom infrastructure & competition  |  Indicator Presence of shares owned by the government in telecom companies
Shares owned by the government in the telecom sector
The main fixed telephony operator, Compañía Anónima Nacional Teléfonos de Venezuela (Cantv), is controlled by the Venezuelan government with 86.2% of the total shareholding, as well as the main mobile telephony operator, Movilnet, which is a subsidiary of Cantv.
Coverage Telecommunications sector

VENEZUELA

Since November 2014

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Decree No. 1399, whereby the Decree with Rank, Value and Force of Law on Public Procurement is issued (Decreto No. 1399, mediante el cual se dicta el Decreto Con Rango, Valor y Fuerza de Ley de Contrataciones Públicas)
According to Art. 12 of Decree No. 1399, contracting entities are required to ensure the inclusion of goods and services produced in Venezuela by establishing objective evaluation criteria that prioritise these goods during the bid evaluation process.
Coverage Horizontal

VENEZUELA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
Venezuela does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there has been an obligation to separate the accounts since 2011. The Organic Telecommunications Law establishes in the Final Provisions (13th) that the regulations of this Law may provide for the obligation of telecommunications operators to separate their accounting by services in order to guarantee transparency in their operations and allow effective control by the Comisión Nacional de Telecomunicaciones (National Telecommunications Commission) and by the Superintendencia para la Promoción y Protección de la Libre Competencia (Superintendency for the Promotion and Protection of Free Competition), in accordance with the rules established for such purpose.
Coverage Telecommunications sector

VENEZUELA

Since November 2014

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Decree No. 1399, whereby the Decree with Rank, Value and Force of Law on Public Procurement is issued (Decreto No. 1399, mediante el cual se dicta el Decreto Con Rango, Valor y Fuerza de Ley de Contrataciones Públicas)
Art. 113 of Decree No. 1399 stipulates that, for the selection of bids where the prices do not exceed 5% of the best-evaluated bid, preference shall be given to the bid that meets the following criteria:
- in the procurement of goods, the offer with the highest national added value;
- in the procurement of works and services, the bid submitted by a bidder whose leading domicile is in Venezuela has a greater incorporation of national parts and inputs and a greater participation of national human resources, including at the managerial level.
Once the above criteria have been applied, if the evaluation yields two or more bids with equal results, preference will be given to the bidder that has greater national participation in its capital.
Coverage Horizontal

VENEZUELA

Since February 2011

Pillar Telecom infrastructure & competition  |  Indicator Licensing restrictions to operate in the telecom market
Official Gazette No. 39,610: Organic Telecommunications Law (Gaceta Oficial No. 39.610: Ley Orgánica de Telecomunicaciones)
Art. 5 of the Organic Telecommunications Law provides that to establish or operate telecommunications networks and to provide telecommunications services, the prior obtaining of the corresponding administrative authorisation, concession or permit, if necessary, shall be required in the cases and conditions established by the legislation and the National Telecommunications Commission. The mentioned activities and services may be subject to quality parameters and special goals of uniform minimum coverage, as well as to the provision of services under preferential conditions of access and prices to certain public institutions.
Coverage Telecommunications sector

VENEZUELA

Reported in 2020, last reported in 2022

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Complaints for lack of transparency in public procurement
It has been reported that there is a certain lack of transparency, opacity, and discretion in Venezuela's public procurement process.
Coverage Horizontal

VENEZUELA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Signature of the WTO Telecom Reference Paper
Partial appendment of WTO Telecom Reference Paper to schedule of commitments
Venezuela has only partially appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

VENEZUELA

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

VENEZUELA

Since May 2007

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Limits on investment in state-owned enterprise
The main fixed-line operator, Compañía Anónima Nacional Teléfonos de Venezuela (Cantv), is controlled by the Venezuelan government, and there is reportedly no foreign ownership. However, it is reported that full foreign ownership is permitted in the broader telecommunications sector.
Coverage Telecommunications sector

VENEZUELA

Since December 2017

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Official Gazette No. 41,310: Constitutional Law of Productive Foreign Investment (Gaceta Oficial No. 41.310: Ley Constitucional de Inversión Extranjera Productiva)
Art. 35 of the Constitutional Law of Productive Foreign Investment establishes that all foreign investment must comply with several conditions, among which is to contribute to national economic development. In this regard, Art. 40 states that the governing body has broad supervisory powers for the purpose of verifying compliance with this Constitutional Law.
Coverage Horizontal

VENEZUELA

Since December 2017

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Official Gazette No. 41,310: Constitutional Law of Productive Foreign Investment (Gaceta Oficial No. 41.310: Ley Constitucional de Inversión Extranjera Productiva)
Art. 19 of the Constitutional Law on Foreign Productive Investment establishes that in order to be registered, foreign investment must be for a minimum amount, CNY 6,500,000 or its equivalent in another foreign currency (approx. 940,000 USD).
Coverage Horizontal

VENEZUELA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Lack of participation in the Patent Cooperation Treaty (PCT)
Venezuela is not a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

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