Database

Browse Database

TOGO

Since June 2022

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Decree No. 2022-080/PR of 06 July 2022 on the Public Procurement Code (Décret No. 2022-080/PR du 06 juillet 2022 portant code des marchés publics)
According to Art. 92 of Decree No. 2022-080/PR, which repeals Decree No. 2009 - 277/PR on the Code of Public Procurement and Public Service Delegations of 2009, in the award of a public contract and in order to encourage the participation of Community enterprises and very small, small and medium-sized domestic enterprises, a margin of preference shall be given to the bid that complies with the bidding or consultation documents and is submitted by a Community bidder. According to Art. 93, for public contracts awarded by international tender, a preference of up to 15% is given to candidates from Togolese law or West African Economic and Monetary Union (WAEMU) member states if certain conditions are met: (i) at least 50% of technical managers and staff are Togolese or WAEMU nationals; (ii) for firms and design offices, more than 50% of key personnel are from WAEMU; (iii) and for suppliers, goods must originate from Togo or WAEMU with at least 30% added value or be based on the bidder's nationality for imported goods.
Legal entities benefit if over half their share capital and management are controlled by Togolese or WAEMU nationals. Contracting authorities must apply a 15% preference to tenders subcontracting at least 30% of the contract to local SMEs and a 5% preference to bids by Togolese artisans or WAEMU-based craft enterprises, with this artisanal preference being cumulative with the Community preference.
Coverage Horizontal
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'TG')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"73602"},{"post_id":"73603"},{"post_id":"73604"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'TG')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'TG')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"1.00"}]

TOGO

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
10.81%
Coverage rate of zero-tariffs on ICT goods (%)
2.74%
Coverage: Digital goods

TAJIKISTAN

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Tajikistan 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

TAJIKISTAN

Reported in 2023

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Open and transparent standard-setting process
Lack of a transparent standards regime
It is reported that TajikStandard, the government agency responsible for certifying goods and services and supervising compliance with state standards, lacks experts and appropriate equipment. TajikStandard does not publish its fees for licenses and certificates or its regulatory requirements.
Coverage Horizontal

TAJIKISTAN

N/A

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
Third party-certification from CABs from a number of countries with MRA accepted
It is reported that Tajik laws and standards impose mandatory requirements for certification of safety, consumer health, environmental protection and reduction of the potential for damage to consumer property for certain products and services. Products requiring such certification include electronic and radio equipment (to test for electrical and magnetic compatibility and safety).
It is reported that, since 2014, Tajikistan has recognised third-party conformity assessments carried out overseas by reciprocity. They are mainly from the Commonwealth of Independent States countries, with which Tajikistan has signed mutual recognition agreements, and Uzbekistan is under a bilateral agreement. However, it is reported that third-party conformity assessments are not always accepted in practice
Coverage Electronic products

TAJIKISTAN

N/A

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Tajikistan does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal

TAJIKISTAN

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
Tajikistan lacks a comprehensive framework for consumer protection that applies to online transactions.
Coverage Horizontal

TAJIKISTAN

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the United Nations (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
Tajikistan has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

TAJIKISTAN

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Tajikistan 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

TAJIKISTAN

Since August 2018

Pillar Cross-border data policies  |  Sub-pillar Conditional flow regime
Data Protection Law - Act No. 1537 (ҚОНУНИ ҶУМҲУРИИ ТОҶИКИСТОН ДАР БОРАИ ҲИФЗИ МАЪЛУМОТИ ШАХСӢ)
According to Art. 18.2 of the Personal Data Act, international transfers of data are permitted to countries that provide adequate protection for personal data. However, the law does not provide a definition or description of what constitutes 'adequate protection'. Moreover, cross-border transfers to countries that do not provide adequate protection are possible in the following cases: with the consent of the data subject, where provided by international treaties binding on Tajikistan; for the protection of the rights and freedoms of persons and citizens, if it is impossible to obtain consent; and where provided by law, if it is necessary for the protection of constitutional order, public order, the rights and freedoms of persons and citizens, the health and integrity of citizens, and state security.
Coverage Horizontal
Sources

TAJIKISTAN

N/A

Pillar Cross-border data policies  |  Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Tajikistan has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal

TAJIKISTAN

Since August 2018

Pillar Domestic data policies  |  Sub-pillar Framework for data protection
Data Protection Law - Act No. 1537 (ҚОНУНИ ҶУМҲУРИИ ТОҶИКИСТОН ДАР БОРАИ ҲИФЗИ МАЪЛУМОТИ ШАХСӢ)
Act No. 1537 provides a comprehensive regime of data protection in Tajikistan.
Coverage Horizontal

TAJIKISTAN

N/A

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Tajikistan's law and jurisprudence.
Coverage Internet intermediaries

TAJIKISTAN

N/A

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
A basic legal framework on intermediary liability beyond copyright infringement is absent in Tajikistan's law and jurisprudence.
Coverage Internet intermediaries

TAJIKISTAN

Since May 2002, as amended in December 2013

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Law on Electric Communication - Act No. 56 (ҚОНУНИ ҶУМҲУРИИ ТОҶИКИСТОН ДАР БОРАИ АЛОҚАИ БАРҚӢ)
According to Art. 21 of the Law on Electric Communication, users are obliged to comply with the rules established for the use of electric communication services and, when concluding a contract, to present documents confirming the identity of a natural person or the constituent documents of a legal entity. Furthermore, pursuant to Art. 20, operators and providers of electric communications services are obliged to conclude contracts directly with natural or legal persons on the basis of identity documents for natural persons or constituent documents for legal persons. It should be noted that according to Art. 2, a natural person must present a passport (registration certificate for stateless persons) and a state registration certificate for legal persons. Services of electric communication are defined as the product of activities of the operator and provider for acceptance, transfer, and processing of signals and other types of information through networks of electric communication.
Coverage Electric communications services

Report issue     Report new measure