VENEZUELA
Since November 2014
Pillar Public procurement of ICT goods and online services |
Sub-pillar 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. 11 of Decree No. 1399 establishes that the President of Venezuela may dictate temporary measures so that the contracting of the contractors compensate for adverse or unfavorable conditions that affect small and medium industry, cooperatives and any other form of community association. Such measures include, among others, the establishment of preferential amounts or categories of contracts, the use of contracting schemes that imply the incorporation of goods with national added value, transfer of technology, and incorporation of human resources.
Coverage Horizontal
VENEZUELA
Since November 2014
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from 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. 11 of Decree No. 1399 establishes that the President can mandate temporary changes in the bidding process under exceptional circumstances, in accordance with economic development plans that promote national development or provide preferences to domestic goods and suppliers. These measures include reservation of procurements for nationals, although there is no further information on how this reservation would take place.
Coverage Horizontal
VENEZUELA
Since November 2014
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from 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. 11 of Decree No. 1399 establishes that the President can mandate temporary changes in the bidding process under exceptional circumstances, in accordance with economic development plans that promote national development or provide preferences to domestic goods and suppliers. These measures include reservation of procurements for nationals, although there is no further information on how this reservation would take place.
Coverage Horizontal
VENEZUELA
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)
Venezuela is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
VENEZUELA
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)
Venezuela is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
VENEZUELA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Effective tariff rate to ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
13.42%
Coverage rate of zero-tariffs on ICT goods (%)
13.42%
Coverage: Digital goods
VENEZUELA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Effective tariff rate to ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
13.42%
Coverage rate of zero-tariffs on ICT goods (%)
13.42%
Coverage: Digital goods
RUSSIA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Russia 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
RUSSIA
Since 2007, entry into force since 2014
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention of Electronic Communications
UN Convention on the Use of Electronic Communications in International Contracts
Russia has signed and ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
RUSSIA
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
Russia 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
RUSSIA
Since February 1992
Since April 2011
Since April 2011
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Law of the Russian Federation No. 2300-I of 7 February 1992 “On Consumer Rights Protection”
Federal Law No. 63-FZ "On Electronic Signature"
Federal Law No. 63-FZ "On Electronic Signature"
The Law On Consumer Rights Protection and the Law On Electronic Signature provide a comprehensive framework for consumer protection that also applies to online transactions. The Russian law on e-signatures recognizes the same legal effect of electronic signatures as that of handwritten signatures.
Coverage Horizontal
RUSSIA
Reported in 2022
Pillar Online sales and transactions |
Sub-pillar 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
RUSSIA
Since July 2002, as amended in August 2019
Since June 2011, as amended in October 2014
Since June 2011, as amended in October 2014
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
Russian Federation Federal Law No. 86-FZ "On the Central Bank of the Russian Federation" (Bank of Russia)
Amendments to Federal Law No. 161-FZ “On the National Payment System,” (the NPS Law)
Amendments to Federal Law No. 161-FZ “On the National Payment System,” (the NPS Law)
According to Art. 19 of Law No. 86-FZ (as amended by Law No. 264), several requirements for the functioning of foreign payment systems on the territory of the Russian Federation are established. According to these requirements, in order to provide services to Russian customers or to enter into contracts with local payment system operators, foreign payment systems have to be included in the Register of the Russian Central Bank. To be included in the Register, a foreign operator has to apply by submitting all the required documents in Russian through its subdivision in Russia. In addition, operators of foreign payment systems that do not have a subsidiary in the Russian Federation are able to work with Russian banks if they establish a branch office in Russia and register with the Central Bank.
Furthermore, amendments to the Federal Law on the National Payment System (NPS Law) significantly affect e-payments. According to Federal Law No. 319-FZ “On Amendments to the Federal Law on the National Payment System and Certain Legislative Acts of the Russian Federation”, international payment cards it is required to be processed locally. In addition, the NPS Law also requires security deposits by operators of such payment systems not qualifying as nationally important payment systems. Representatives of international payment systems have reported criticism of the introduction of such security deposits. Additionally, NPS Law prohibits the cross-border transfer of money or funds from Russia to countries where Russian payment systems, including Russian electronic payment systems, are not recognized.
Furthermore, amendments to the Federal Law on the National Payment System (NPS Law) significantly affect e-payments. According to Federal Law No. 319-FZ “On Amendments to the Federal Law on the National Payment System and Certain Legislative Acts of the Russian Federation”, international payment cards it is required to be processed locally. In addition, the NPS Law also requires security deposits by operators of such payment systems not qualifying as nationally important payment systems. Representatives of international payment systems have reported criticism of the introduction of such security deposits. Additionally, NPS Law prohibits the cross-border transfer of money or funds from Russia to countries where Russian payment systems, including Russian electronic payment systems, are not recognized.
Coverage Financial sector
RUSSIA
Reported in 2019
Pillar Online sales and transactions |
Sub-pillar Limits on e-commerce purchases
Burdensome customs and postal procedures
Russia is reported to have complicated and bureaucratic customs procedures and an unreliable postal service which prevent international retailers from entering the market, at least without a Russian partner.
Coverage Electronic commerce
RUSSIA
Since April 2015
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Product screening and additional testing requirements
Decision No. 30 of the Eurasian Economic Commission Board "On Measures of Non-tariff regulation"
Equipment and devices containing encryption has to be registered with the Federal Security Service (FSS) and the manufacturer or the seller has to be obtain FSS notification upon importation or exportation of such equipment.
Notification of the FSS recognizes the fact that the products manufactured by the enterprise contain various elements of cryptographic/encryption nature. Notification of the FSS is a prerequisite for the import into the territory of the Eurasian Economic Union (EAEU), or export from the territory of the EAEU of equipment containing encryption elements.
The registration of the FSS notification when importing or exporting goods is regulated in accordance with the Regulations on the import into the customs territory of the Eurasian Economic Union and export from the customs territory of the EAEU of encryption means (Annex No. 9 to the Decision of the Board of the Eurasian Economic Commission No. 30 dated April 21, 2015). Notification of the FSS is necessary for equipment and devices, both general civil, industrial, scientific and other purposes, including a large list of products containing cryptographic components which includes many high-tech devices such as mobile phones, tablet computers, laptops, wireless keyboards, wireless mice, servers, RFID tags (a device for the extraction of various cryptocurrencies (miners)) and many other devices. If a device has already been listed in the register of the EAEU, no notification is required.
Notification of the FSS recognizes the fact that the products manufactured by the enterprise contain various elements of cryptographic/encryption nature. Notification of the FSS is a prerequisite for the import into the territory of the Eurasian Economic Union (EAEU), or export from the territory of the EAEU of equipment containing encryption elements.
The registration of the FSS notification when importing or exporting goods is regulated in accordance with the Regulations on the import into the customs territory of the Eurasian Economic Union and export from the customs territory of the EAEU of encryption means (Annex No. 9 to the Decision of the Board of the Eurasian Economic Commission No. 30 dated April 21, 2015). Notification of the FSS is necessary for equipment and devices, both general civil, industrial, scientific and other purposes, including a large list of products containing cryptographic components which includes many high-tech devices such as mobile phones, tablet computers, laptops, wireless keyboards, wireless mice, servers, RFID tags (a device for the extraction of various cryptocurrencies (miners)) and many other devices. If a device has already been listed in the register of the EAEU, no notification is required.
Coverage Equipment and devices with encryption
Sources
- https://docs.eaeunion.org/docs/en-us/0107584/clcd_22042015_30
- https://portal.eaeunion.org/sites/cp65/_layouts/15/portal.eec.registry.ui/registry65.aspx?itemid=9&listid=535beaa14129-43e7-8be2-a03dee7bed94
- https://importlicensing.wto.org/content/decision-no30-board-eurasian-economic-commission-%E2%80%9C-measures-non-tariff-regulation%E2%80%9D-21-april
- https://certificate.moscow/%D0%9D%D0%BE%D1%82%D0%B8%D1%84%D0%B8%D0%BA%D0%B0%D1%86%D0%B8%D1%8F-%D0%A4%D0%A1%D0%91
- https://minprom.ru/uslugi/notifikaciya-fsb/
- https://certificate.moscow/Portals/2/%D0%A4%D0%A1%D0%91/30-9--21-04-2015.doc
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