TURKMENISTAN
Since March 2010, last amended in November 2021
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Law of Turkmenistan No. 93-IV about Communication (Türkmenistanyň Kanuny Aragatnaşyk hakynda - No. 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
Since March 2008, last amended in June 2019
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator 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 No. 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, and 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 authorised body shall organise the examination of investment projects with foreign investment and carry out their registration.
Coverage Horizontal
TURKMENISTAN
Reported in 2022, last reported in 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Screening of mergers and acquisitions
It is reported that government approval is necessary for acquisitions and mergers of certain enterprises, including those with state shares. In fact, in case of alienation of government shares, foreign companies may participate only with a relevant report of the Economic Risk Protection Agency under the Ministry of Finance and Economy of Turkmenistan (Art. 7.2 of Law about the Removal of Ownership from the State and the Privatization of State Property).
Coverage Horizontal
Sources
- https://web.archive.org/web/20230214100710/https://www.trade.gov/country-commercial-guides/turkmenistan-distribution-and-sales-channels
- https://web.archive.org/web/20210226005741/https://invest.gov.tm/norm/view?id=20
- https://web.archive.org/web/20230327093315/https://bp.gov.tm/laws/297/show
- https://web.archive.org/web/20221209160100/https://www.state.gov/reports/2022-investment-climate-statements/turkmenistan/
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TURKMENISTAN
Since June 2000, last amended in February 2015
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Law of Turkmenistan On Amendment to the Law of Turkmenistan On Enterprises (Türkmenistanyň “Kärhanalar barada” kanunyna üýtgetme girizmek baradaky kanuny)
According to Art. 15 of the Law of Turkmenistan on Amendment to the Law of Turkmenistan on Enterprises, companies need to get a state registration in order to operate, including foreign investors. The foreign entities wishing to invest in Turkmenistan must register with the Registration Department under the Ministry of Finance and Economy. However, before the registration is granted, an inter-ministerial commission that includes the Ministry of Foreign Affairs, the Agency for Protection from Economic Risks, law enforcement agencies, and industry-specific ministries must approve it. According to Art. 16 of the Law, the decision on the state registration of a company must be made within two weeks after submitting the required documents.
It is also reported that the registration is lengthy and cumbersome, and it is not required for foreign companies with approved government contracts. The commission evaluates foreign companies based on their financial standing, work experience, reputation, and perceived political and legal risks. The inter-ministerial commission does not give a reason for denying the registration of a legal entity.
It is also reported that Turkmenistan generally requires that citizens of Turkmenistan make up 90% of the workforce of foreign-owned companies (i.e., for every foreign worker, nine Turkmen citizens must be hired).
It is also reported that the registration is lengthy and cumbersome, and it is not required for foreign companies with approved government contracts. The commission evaluates foreign companies based on their financial standing, work experience, reputation, and perceived political and legal risks. The inter-ministerial commission does not give a reason for denying the registration of a legal entity.
It is also reported that Turkmenistan generally requires that citizens of Turkmenistan make up 90% of the workforce of foreign-owned companies (i.e., for every foreign worker, nine Turkmen citizens must be hired).
Coverage Horizontal
Sources
- https://web.archive.org/web/20210226005741/https://invest.gov.tm/norm/view?id=20
- https://web.archive.org/web/20221209160100/https://www.state.gov/reports/2022-investment-climate-statements/turkmenistan/
- https://web.archive.org/web/20230922172258/https://mercans.com/employer-of-record-payroll-peo/turkmenistan/
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TURKMENISTAN
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)
1.59%
Coverage rate of zero-tariffs on ICT goods (%)
88.7%
Coverage: ICT goods
Sources
- http://wits.worldbank.org
- 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
TUNISIA
Since July 2013, last amended in December 2020
Pillar Online sales and transactions |
Indicator Restrictions on domain names
Decision of the National Telecommunication Authority No. 141-2013 (Décision de l’INT No. 141 du 24 juillet 2013)
According to Art. 8.1 of the Decision of the National Telecommunication Authority No. 141-2013, local domain name registration including ".com.tn" is restricted and limited to the following eligibility criteria: legal entities constituted according to the Tunisian laws in force, holders or legal representatives of an international trademark registered in Tunisia, natural persons of legal age of Tunisian nationality or officially residents in Tunisia.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230120021142/https://registre.tn/upload/files/Charte_de_nommage__%20tn__24072013_FR.pdf
- https://www.intt.tn/upload/files/Decision%20du%20College%20de%20l%27INT%20n11-2020%20du%2023%20dec%202020%281%29.pdf
- https://web.archive.org/web/20230924135207/https://web-solutions.eu/com-tn-domain-name-registration.htm
- https://www.marcaria.com/ws/en/domains/tunisia-domain-registration-tn?gad_source=1&gad_campaignid=23357862138&gbraid=0AAAAAD_kj_XXFbDWRgtNCX536icpWuMfT&gclid=Cj0KCQiA8KTNBhD_ARIsAOvp6DL9L-FnD2FgyUzsxp...
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TUNISIA
Since December 1992
Since August 2000, last amended in July 2004
Since August 2000, last amended in July 2004
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Law 117-1992 on Consumer Protection (Loi No. 92-117 du 7 Décembre 1992 Relative à la Protection du Consommateur)
Electronic Exchanges and Electronic Commerce Law No. 2000-83 (Loi No. 2000-83 du 9 Août 2000, Relative aux Echanges et Commerce Électroniques)
Electronic Exchanges and Electronic Commerce Law No. 2000-83 (Loi No. 2000-83 du 9 Août 2000, Relative aux Echanges et Commerce Électroniques)
Law No. 117-1992 on Consumer Protection, together with the Electronic Exchanges and Electronic Commerce Law No. 2000-83, establishes a comprehensive consumer protection framework that also extends to online transactions.
Coverage Horizontal
TUNISIA
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
Tunisia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
TUNISIA
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of the UNCITRAL Model Law on Electronic Commerce
Tunisia 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
TUNISIA
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Tunisia 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
TUNISIA
Since January 2001, last amended in April 2013
Since January 2020
Since April 2019
Since January 2020
Since April 2019
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Law No. 1 of 2001 dated 15 January 2001 Concerning The Issuance of the Telecommunications Code (Loi No. 2001-1 du 15 janvier 2001 portant promulgation du code des télécommunications)
Government Decree No. 2020-48 of 23 January 2020 on Procedures for Approving the Import and Marketing of Telecommunications Terminal Equipment and Radio Equipment (Décret gouvernemental No. 2020-48 du 23 janvier 2020, relatif aux procédures d'homologation d'importation et de commercialisation des équipements terminaux de télécommunications et des équipements radioélectriques)
Law No. 38-2019 Establishing an Accreditation System for Conformity Assessment Bodies (Loi 38 -2019 portant institution un système d'accréditation des organismes d'évaluation de la conformité)
Government Decree No. 2020-48 of 23 January 2020 on Procedures for Approving the Import and Marketing of Telecommunications Terminal Equipment and Radio Equipment (Décret gouvernemental No. 2020-48 du 23 janvier 2020, relatif aux procédures d'homologation d'importation et de commercialisation des équipements terminaux de télécommunications et des équipements radioélectriques)
Law No. 38-2019 Establishing an Accreditation System for Conformity Assessment Bodies (Loi 38 -2019 portant institution un système d'accréditation des organismes d'évaluation de la conformité)
Art. 32 of Telecommunications Code Telecommunications terminal equipment imported or manufactured in Tunisia and intended for marketing or public use, as well as radio terminal equipment, whether or not intended for connection to the public telecommunications network, are subject to prior authorisation. Decree No. 48-2020 regulates the terms and conditions of this authorisation. Art. 6 of Government Decree No. 48-2020 provides that these products must first be approved by type, brand and model by the Centre d'Etudes et de Recherche des Télécommunications (CERT, Telecommunications Research and Studies Center). Art. 11 states that the CERT is responsible, in collaboration with the bodies concerned in the field of telecommunications, for drawing up the technical requirements for approval and technical conformity.
The Tunisian Accreditation Council (TUNAC) evaluates and accredits conformity assessment bodies and it has implemented mutual recognition agreements with the International Laboratory Accreditation Cooperation (ILAC) and the European Cooperation for Accreditation (EA) for the accreditation of laboratories for analysis, testing, and calibration. Yet, it is reported that local testing is required for new approvals.
The Tunisian Accreditation Council (TUNAC) evaluates and accredits conformity assessment bodies and it has implemented mutual recognition agreements with the International Laboratory Accreditation Cooperation (ILAC) and the European Cooperation for Accreditation (EA) for the accreditation of laboratories for analysis, testing, and calibration. Yet, it is reported that local testing is required for new approvals.
Coverage Telecom terminal equipment and radio equipment
Sources
- https://web.archive.org/web/20240812111048/https://www.mtc.gov.tn/fileadmin//user_upload/Decret2020_48.pdf
- https://web.archive.org/web/20240205231923/https://tunisia.mom-gmr.org/fileadmin/Editorial/Tunesia/Laws/code_des_telecommunications.pdf
- https://web.archive.org/web/20241121194714/https://www.tunac.tn/ibsoft/dbqafile2020.nsf/0/33B056EC7EB87ACFC12586570040A568/$file/DP.G.01%20-%20TUNAC%20Law.pdf
- https://web.archive.org/web/20231211142916/https://www.trade.gov/country-commercial-guides/tunisia-standards-trade
- https://web.archive.org/web/20240302121456/https://ib-lenhardt.com/type-approval/tunisia
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TUNISIA
Since January 2001, last amended in April 2013
Pillar Technical standards applied to ICT goods and online services |
Indicator Restrictions on encryption standards
Law No. 1 of 2001 dated 15 January 2001 Concerning The Issuance of the Telecommunications Code (Loi No. 2001-1 du 15 janvier 2001 portant promulgation du code des télécommunications)
Arts. 9 and 87 of the Telecommunications Code ban the use of encryption and prescribe penalties of up to five years in prison for unauthorised use of such tools.
Coverage Telecommunications sector
TUNISIA
Since January 2020
Pillar Technical standards applied to ICT goods and online services |
Indicator Restrictions on encryption standards
Government Decree No. 2020-48 of 23 January 2020 on Procedures for Approving the Import and Marketing of Telecommunications Terminal Equipment and Radio Equipment (Décret gouvernemental No. 2020-48 du 23 janvier 2020, relatif aux procédures d'homologation d'importation et de commercialisation des équipements terminaux de télécommunications et des équipements radioélectriques)
Art. 8 of Government Decree No. 2020-48 provides that any natural person or legal entity wishing to approve telecommunications equipment or radio equipment enabling the encryption of data exchanged over telecommunications networks is required to declare to the Centre d'Etudes et de Recherche des Télécommunications (CERT, Telecommunications Research and Studies Center) the technical characteristics of the encryption method. The CERT examines the content of the declaration, checks that it complies with the encryption method used in the equipment, and decides on the application for approval.
Coverage Telecommunications sector
TUNISIA
Since December 2016, last amended in January 2019
Since January 2019
Since January 2019
Pillar Online sales and transactions |
Indicator Limits on e-commerce purchases
Circular of the Central Bank of Tunisia No. 2016-9 on Transfers for current operations (Circulaire aux intermediaires agrees No. 2016-9 du 30 décembre 2016)
Circular No. 2019-2 (Circulaire aux Intermédiaires Agréés No.2019-02)
Circular No. 2019-2 (Circulaire aux Intermédiaires Agréés No.2019-02)
According to Arts. 14-18 of the Circular 2016-9 of the Central Bank of Tunisia on transfers for current operations, amended by Circular No. 2019-2, online cross-border purchases are limited to certain online telecommunication services listed in Annex 1, and it is not possible to purchase services not included in the list of Annex 1. The list of commercial operations for which a user can make a payment online is quite limited and does not include e-retail. Among the permitted activities, are the reservation of hotels abroad and the payment of tariffs for the import of goods. In addition, Art. 15 of Circular lets Tunisian residents with at least a high school diploma use a special "International Technology Card" for those online payments that are allowed with a maximum annual limit of TND 1,000 (approx. 320 USD) for specific online expenses. The Circular was amended by Circular No. 2019-2, updating Art.14, which set the highest annual limit for this special card at TND 10,000 (approx. 3,200 USD) for resident companies. Companies with the "startup" label have a maximum yearly allocation of TND 100,000 (approx. 32,000 USD).
Coverage Horizontal
Sources
- https://web.archive.org/web/20220423112459/https://www.mtc.gov.tn/fileadmin/Investisseurs/La_circulaire_de_la_BCT_N__9-2016-_Version_Fr.pdf
- https://web.archive.org/web/20220707201949/https://www.mtc.gov.tn/fileadmin/StartupAct/Cir_2019_02_fr.pdf
- https://web.archive.org/web/20220423112523/https://www.mtc.gov.tn/fileadmin/Investisseurs/Carte_technologique_Internationale_CTI_-version_francaise.pdf
- https://web.archive.org/web/20250919231829/https://ustr.gov/sites/default/files/2024%20NTE%20Report.pdf
- https://web.archive.org/web/20250323170237/https://www.trade.gov/country-commercial-guides/tunisia-ecommerce
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TUNISIA
Since August 1961, last amended in 1985
Pillar Online sales and transactions |
Indicator Licensing scheme for e-commerce providers
Decree-Law No. 14-1961 related to the conditions for exercising certain commercial activities (Décret-loi No. 61-14 du 30 août 1961, relatif aux conditions d'exercise de certaines activités commerciales)
Art. 8 of Decree-Law No. 14-1961 prohibits foreigners from engaging in certain specified business activities, such as wholesale distribution and retail trading, except where the Minister of Trade grants a waiver. Foreigners wishing to engage in commercial activity are required to obtain a foreigner’s trading permit from the Minister of Commerce. This applies to any form of provision of commerce, including e-commerce. This text has not been revised since 1985.
Coverage Commercial activities, including e-commerce
Sources
- https://eui1-my.sharepoint.com/:b:/g/personal/martina_ferracane_eui_eu/EUCsnA5WnfJNrLf5xaQzYigB8QBZLYoaONl-wpFTA2dlQA?e=29nioI
- https://web.archive.org/web/20240525143221/https://commerce.gov.tn/cahiers-charges-agrements
- https://web.archive.org/web/20241121181335/https://commerce.gov.tn/storage/cahier-charge-agrements/August2022/CUAYu6QMimgay0TBi1iQ.pdf
- https://web.archive.org/web/20231207092020/https://www.wto.org/english/tratop_e/tpr_e/s341_e.pdf
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