KENYA
Since December 2015, entry into force January 2016, last amended in 2022
Since April 2020
Since April 2020
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Public Procurement and Asset Disposal Act, 2015
Public Procurement and Asset Disposal Regulations, 2020
Public Procurement and Asset Disposal Regulations, 2020
Section 157.8 (b) of the Public Procurement and Asset Disposal Act stipulates that a prescribed margin of preference shall be applied in the evaluation of tenders submitted by candidates offering goods manufactured, assembled, mined, extracted or grown in Kenya. Alternatively, a preference may be applied to works, goods, and services, depending on the percentage of locals' shareholding on a graduated scale as prescribed. In accordance with Section 89 of the Act, which concerns international tendering and competition, and for the purposes of Section 157.8 (b), Regulation 164 of the Public Procurement and Asset Disposal Regulations stipulates that the margin of preference shall be:
- 20% margin of preference for the evaluated price of the tender given to candidates offering goods manufactured, mined, extracted, grown, assembled or semi-processed in Kenya, and the percentage of shareholding of Kenyan citizens is more than 50%.
- 15% given to candidates offering goods manufactured, mined, extracted, grown, assembled or semi-processed in Kenya.
- 10%, where the shareholding percentage of Kenyan citizens is more than 50%.
- 8%, where the shareholding percentage of Kenyan citizens is less than 50% but above 20%.
- 6%, where the shareholding percentage of Kenyan citizens is above 5% and less than 20%.
- 20% margin of preference for the evaluated price of the tender given to candidates offering goods manufactured, mined, extracted, grown, assembled or semi-processed in Kenya, and the percentage of shareholding of Kenyan citizens is more than 50%.
- 15% given to candidates offering goods manufactured, mined, extracted, grown, assembled or semi-processed in Kenya.
- 10%, where the shareholding percentage of Kenyan citizens is more than 50%.
- 8%, where the shareholding percentage of Kenyan citizens is less than 50% but above 20%.
- 6%, where the shareholding percentage of Kenyan citizens is above 5% and less than 20%.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230324153003/https://ppra.go.ke/download/the-public-procurement-and-asset-disposal-act-revised-edition-2022/
- https://web.archive.org/web/20231003074918/https://ppra.go.ke/regulations/
- https://web.archive.org/web/20241112152841/https://www.globalpublicprocurementdata.org/gppd/country_profile/KE
- Show more...
KENYA
Since December 2015, entry into force January 2016, last amended in 2022
Since April 2020
Since April 2020
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Public Procurement and Asset Disposal Act, 2015
Public Procurement and Asset Disposal Regulations, 2020
Public Procurement and Asset Disposal Regulations, 2020
Where the procuring entity seeks to contract with non-Kenyan firms or procure foreign goods, the Public Procurement and Asset Disposal Act requires a report detailing evidence of an inability to procure locally (Art. 155.5). On the other hand, for the purpose of ensuring sustainable promotion of local industry, a procuring entity must have in its tender documents a mandatory requirement as preliminary evaluation criteria for all foreign tenderers participating in international tenders to source at least 40% of their supplies from citizen contractors prior to submitting a tender (Art. 157.9). Notably, since 2015, an initiative dubbed “Buy Kenyan Build Kenya” has required Kenyan state ministries, departments, and agencies to procure at least 40% of their supplies locally. Furthermore, the Act calls for at least 30% of government procurement contracts to go to firms owned by women, youth, and persons with disabilities (Art. 157.10).
In addition, the Public Procurement and Asset Disposal Regulations of 2020 mandate that tender proposals include skills and knowledge transfer to Kenyan citizens, a 75% set aside of employment opportunities for Kenyans, and a local content plan (Art. 144).
In addition, the Public Procurement and Asset Disposal Regulations of 2020 mandate that tender proposals include skills and knowledge transfer to Kenyan citizens, a 75% set aside of employment opportunities for Kenyans, and a local content plan (Art. 144).
Coverage Horizontal
Sources
- https://web.archive.org/web/20231202025818/https://ppra.go.ke/
- https://web.archive.org/web/20221215081051/https://www.treasury.go.ke/wp-content/uploads/2020/11/Public-Procurement-and-Asset-Disposal-Regulations-2020.pdf
- https://ustr.gov/sites/default/files/2022%20National%20Trade%20Estimate%20Report%20on%20Foreign%20Trade%20Barriers.pdf
- https://www.tralac.org/documents/resources/by-country/kenya/576-buy-kenya-build-kenya-strategy-june-2017/file.html
- Show more...
KENYA
Since December 2015, entry into force January 2016, last amended in 2022
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Public Procurement and Asset Disposal Act, 2015
Section 157.4 of the Public Procurement and Asset Disposal Act stipulates that reservations and preferences shall be applied to candidates belonging to disadvantaged groups, micro, small and medium enterprises, identified regions, and other categories as may be prescribed.
Coverage Horizontal
KENYA
Reported in 2019, last reported in 2024
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
It is reported that foreign firms have had very limited success bidding on Kenyan Government tenders. There are widespread reports that corruption often influences the outcome of public tenders, and many of these tenders are challenged in the courts. Foreign firms, some without proven track records, have won government contracts when partnered with well-connected Kenyan firms or individuals. As of January 2019, all tenders and procurements are required to be undertaken through the Kenyan Government’s electronic procurement system, the Integrated Financial Management Information System (IFMIS). Certain foreign companies have expressed concerns about IFMIS due to insufficient connectivity and technical capacity in county government offices, apathy from county government officials, central control shutdowns, and security gaps that render the system vulnerable to manipulation and hacking.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240401062609/https://ustr.gov/sites/default/files/2024%20NTE%20Report_1.pdf
- https://web.archive.org/web/20231218171205/https://ustr.gov/sites/default/files/2019_National_Trade_Estimate_Report.pdf
- https://web.archive.org/web/20231203095436/https://ustr.gov/about-us/policy-offices/press-office/press-releases/2022/march/ustr-releases-2022-national-trade-estimate-report-foreign-trade-barriers
- Show more...
KENYA
Since August 2020, last amended in April 2023
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
The National Information Communications and Technology (ICT) Policy Guidelines, 2020
Section 4.3 (Skills and Innovation) of the National ICT Policy Guidelines 2020 establishes that skills transfer to local firms and personnel is a mandatory requirement to win public tenders.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220217093805/https://ca.go.ke/wp-content/uploads/2020/10/National-ICT-Policy-Guidelines-2020.pdf
- https://web.archive.org/web/20230322230658/https://www.bowmanslaw.com/insights/technology-media-and-telecommunications/publication-of-the-national-information-communication-and-technology-policy-guide...
- https://web.archive.org/web/20220812100547/https://mmsadvocates.co.ke/review-kenya-ict-policy-2020/
- Show more...
KENYA
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)
Kenya is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal
KENYA
Since October 1998, entry into force in February 1999, as amended in 2020
Since August 2020, until August 2023
Since August 2020, until August 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Kenya Information and Communications Act, 1998
The National Information Communications and Technology (ICT) Policy Guidelines, 2020
The National Information Communications and Technology (ICT) Policy Guidelines, 2020
Paragraph 7.2.4 of the National Information Communication and Technology Policy Guidelines of 2020 mandated that a company must have at least 30% substantive Kenyan ownership to be licensed by the Communication Authority to provide ICT services in Kenya. This requirement applied until August 2023 when, through Gazette Notice 11079 dated 22 August 2023, the Kenyan Cabinet Secretary for Information, Communications, and the Digital Economy formally announced the deletion of the paragraph. According to Section 2 of the Kenya Information and Communications Act, information and communication technologies encompass the technologies used in collecting, storing, using, or transmitting information, including those involving computers or any telecommunication system. This definition includes ICT, telecommunication, and audiovisual services. Previously, this ownership requirement was 20% for telecommunications licensees.
Coverage ICT services, telecommunication, broadcasting sectors
Sources
- https://web.archive.org/web/20220121023554/https://www.ca.go.ke/wp-content/uploads/2021/02/Kenya-Information-and-Communication-Act-1998.pdf
- https://web.archive.org/web/20220217093805/https://ca.go.ke/wp-content/uploads/2020/10/National-ICT-Policy-Guidelines-2020.pdf
- https://web.archive.org/web/20230322230658/https://www.bowmanslaw.com/insights/technology-media-and-telecommunications/publication-of-the-national-information-communication-and-technology-policy-guide...
- https://web.archive.org/web/20221117030224/https://www.ca.go.ke/industry/telecommunication/licensing-procedure/
- https://web.archive.org/web/20240613044948/https://bowmanslaw.com/insights/kenya-cabinet-secretary-removes-local-equity-requirement-for-all-ict-sector-players-with-immediate-effect/
- https://web.archive.org/web/20240519040422/https://gazettes.africa/akn/ke/officialGazette/government-gazette/2023-08-22/187/eng@2023-08-22
- Show more...
KENYA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
7.29%
Coverage rate of zero-tariffs on ICT goods (%)
44.05%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
ITALY
Since 2014
Pillar Online sales and transactions |
Indicator Restrictions on domain names
Regulation of allocation and management of ".it" domain names
As provided in provision 1.2.3 of the Regulation of allocation and management of ".it" domain names, registration of an ".it" domain name is only permitted to persons of legal age who have citizenship, residence or registered office in the countries of the European Economic Area (EEA), the Vatican State, the Republic of San Marino and the Swiss Confederation.
Coverage Horizontal
ITALY
Since June 2014
Since September 2005
Since September 2005
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU
Consumer Code - Legislative Decree No. 206 of 6 September 2005 (Codice del consumo - Decreto Legislativo No. 206 del 6 Settembre 2005)
Consumer Code - Legislative Decree No. 206 of 6 September 2005 (Codice del consumo - Decreto Legislativo No. 206 del 6 Settembre 2005)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Consumer Code - Legislative Decree No. 206 of 6 September 2005 - Part III - Title III - Chap I Consumer Rights.
Coverage Horizontal
ITALY
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
Italy has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
ITALY
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Italy 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
ITALY
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Italy 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
ITALY
Since March 2010, entry into force in May 2010, last amended in 2018
Since November 2021
Since November 2021
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Local content requirements (LCRs) on ICT goods for the commercial market
EU Directive on Audiovisual Media Services (AVMS)
Legislative Decree No. 208 of 8 November 2021: Implementation of Directive (EU) 2018/1808 of the European Parliament and of the Council of 14 November 2018 Amending Directive 2010/13/EU on the Coordination of Certain Provisions Laid Down by Law, Regulation or Administrative Action in Member States Concerning the Single Text for the Provision of Audiovisual Media Services, in View of Changing Market Realities. (Decreto Legislativo 8 Novembre 2021, No. 208 Attuazione della Direttiva (UE) 2018/1808 del Parlamento Europeo e del Consiglio, del 14 Novembre 2018, Recante Modifica della Direttiva 2010/13/UE, Relativa al Coordinamento di Determinate Disposizioni Legislative, Regolamentari e Amministrative degli Stati Membri, Concernente il Testo Unico per la Fornitura di Servizi di Media Audiovisivi in Considerazione dell'Evoluzione delle Realità del Mercato).
Legislative Decree No. 208 of 8 November 2021: Implementation of Directive (EU) 2018/1808 of the European Parliament and of the Council of 14 November 2018 Amending Directive 2010/13/EU on the Coordination of Certain Provisions Laid Down by Law, Regulation or Administrative Action in Member States Concerning the Single Text for the Provision of Audiovisual Media Services, in View of Changing Market Realities. (Decreto Legislativo 8 Novembre 2021, No. 208 Attuazione della Direttiva (UE) 2018/1808 del Parlamento Europeo e del Consiglio, del 14 Novembre 2018, Recante Modifica della Direttiva 2010/13/UE, Relativa al Coordinamento di Determinate Disposizioni Legislative, Regolamentari e Amministrative degli Stati Membri, Concernente il Testo Unico per la Fornitura di Servizi di Media Audiovisivi in Considerazione dell'Evoluzione delle Realità del Mercato).
The EU Directive on Audiovisual Media Services (AVMS) covers traditional broadcasting services as well as audiovisual media services provided on-demand, including via the Internet. Art. 13.1 provides for Member States to secure a minimum 30% share of European works in the catalogues as well as "ensuring prominence" of those works. "Prominence" involves promoting European works by facilitating access to such works using any appropriate means to ensure their prominence. The Directive has been implemented by Member States in different ways, ranging from very extensive and detailed measures to a mere reference to the general obligation to promote European works.
In Italy, the EU Directive was transposed into domestic law through Legislative Decree No. 208. According to Art. 55 of the Decree, catalogues of on-demand audiovisual media service providers under Italian jurisdiction must prominently feature at least 30% European works. Providers are required to ensure that, over the past five years, at least 30% of their catalogue consists of European audiovisual works, excluding those that charge a specific fee for individual programmes. Additionally, at least 50% of the European works quota must be reserved for original Italian works produced by independent producers within the last five years. The regulations referred to in Art. 57 shall stipulate that at least one-fifth of the sub-quota of investment must be reserved for cinematographic works of original Italian expression produced by independent producers in the last five years, regardless of where they were made.
In Italy, the EU Directive was transposed into domestic law through Legislative Decree No. 208. According to Art. 55 of the Decree, catalogues of on-demand audiovisual media service providers under Italian jurisdiction must prominently feature at least 30% European works. Providers are required to ensure that, over the past five years, at least 30% of their catalogue consists of European audiovisual works, excluding those that charge a specific fee for individual programmes. Additionally, at least 50% of the European works quota must be reserved for original Italian works produced by independent producers within the last five years. The regulations referred to in Art. 57 shall stipulate that at least one-fifth of the sub-quota of investment must be reserved for cinematographic works of original Italian expression produced by independent producers in the last five years, regardless of where they were made.
Coverage On-demand audiovisual service
Sources
- https://web.archive.org/web/20221107114712/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32010L0013&from=EN
- https://web.archive.org/web/20231002184356/https://eur-lex.europa.eu/eli/dir/2018/1808/oj
- https://web.archive.org/web/20230128185956/https://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:decreto.legislativo:2021-11-08;208
- https://web.archive.org/web/20240609131307/https://rm.coe.int/iris-plus-2022-2-tables/1680a6889d
- Show more...
ITALY
Since October 2008, entry into force in July 2009
Pillar Cross-border data policies |
Indicator Local storage requirement
IVASS Regulation No. 27 of 14 October 2008 (Regolamento ISVAP n. 27 del 14 ottobre 2008)
Pursuant to Art. 5.1 of Regulation No. 27, promulgated by the Institute for the Supervision of Insurance (IVASS), insurance and reinsurance undertakings domiciled in Italy are mandated to retain their insurance registers at their principal place of business. Conversely, entities whose head offices are situated in third countries are required to maintain such registers at their Italian branch offices. Art. 5.2 of the same Regulation permits these undertakings to relocate and store the registers at an alternative site, provided that the location remains within Italian territory and that IVASS is assured of secure access, document integrity, and efficient retrieval mechanisms.
Coverage Insurance sector
