PHILIPPINES
Since January 2003
Since October 2003, as amended in 2009, last amended in October 2016
Since October 2003, as amended in 2009, last amended in October 2016
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Government Procurement Reform Act - Republic Act No. 9184
Implementing Rules and Regulations of Republic Act No. 9184
Implementing Rules and Regulations of Republic Act No. 9184
The Government Procurement Reform Act acts as the enabling framework for preferential procurement by virtue of Art. XII, Section 43. In the interest of availability, efficiency and timely delivery of goods, the procuring entity may give preference to the purchase of domestically produced and manufactured goods, supplies and materials that meet the specified or desired quality. Rule XII of the Implementing Rules and Regulations outlines the implementation and process of preferential procurement, wherein the procurement award should be made to the lowest domestic bid, provided that it is not more than 15% in excess of the lowest foreign bid. The 2003 IRR only provided for a general preference.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220716073105/https://www.gppb.gov.ph/laws/laws/RevisedIRR.RA9184.pdf
- https://web.archive.org/web/20220718061300/https://innovate.dti.gov.ph/wp-content/uploads/2020/07/Domestic-Preference-in-Government-Procurement-in-the-Philippines-A-Policy-Tool-for-Economic-Stimulus_d...
- https://web.archive.org/web/20240130091952/https://www.lawphil.net/statutes/repacts/ra2003/ra_9184_2003.html
- https://web.archive.org/web/20210901083912/https://www.gppb.gov.ph/assets/pdfs/8th%20Ed.%20Handbook.pdf
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PHILIPPINES
Since October 2003, as amended in 2009, last amended in October 2016
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Implementing Rules and Regulations of Republic Act No. 9184
Section 24.3.2 of the Implementing Rules and Regulations (IRR) of Republic Act No. 9184 specifies that, in cases where consulting services involve regulated professions, the individuals actually performing these services must be Filipino citizens and registered professionals, authorised by the appropriate regulatory body to practice the relevant professions and their associated fields. Although this provision was initially introduced in the 2003 IRR, it previously applied only to partnerships, corporations, and joint ventures. Under the 2009 IRR, however, the provision effectively prohibits foreign consultants from directly providing their professional services in these regulated areas.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240130091952/https://www.lawphil.net/statutes/repacts/ra2003/ra_9184_2003.html
- https://web.archive.org/web/20180219134053/https://www.gppb.gov.ph/laws/laws/IRR-A-amended.pdf
- https://web.archive.org/web/20180329030640/https://ovpaa.up.edu.ph/wp-content/uploads/2015/01/RevisedIRR-RA9184.pdf
- https://web.archive.org/web/20220716073105/https://www.gppb.gov.ph/laws/laws/RevisedIRR.RA9184.pdf
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PHILIPPINES
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the World Trade Organization (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)
The Philippines is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 2019.
Coverage Horizontal
PHILIPPINES
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)
0.34%
Coverage rate of zero-tariffs on ICT goods (%)
61.4%
Coverage: Digital 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
PAKISTAN
Since November 2020, as amended in October 2021
Pillar Online sales and transactions |
Sub-pillar Local presence requirements for digital services providers
Removal and Blocking of Unlawful Online Content (Procedure, Oversight and Safeguards) Rules 2021
According to Art. 7.6 of the Removal and Blocking of Unlawful Online Content (Procedure, Oversight and Safeguards) Rules 2021, "Significant Social Media Companies" shall: (i) appoint a grievance officer based in Pakistan; (ii) appoint a compliance officer (iii) establish an office in Pakistan with physical address preferably located in Islamabad. According to Art. 2 of the law, a Significant Social Media Company means and includes a Social Media Company with more than half a million users in Pakistan or is on the list specially notified by the Authority for this purpose from time to time
Coverage Internet intermediaries
PAKISTAN
N/A
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection framework
Pakistan lacks a comprehesive framework for consumer protection that applies to online transactions. Nevertheless, several regional laws apply, including the Islamabad Consumer Protection Act (1995), the Khyber Pakhtunkhwa Consumer Protection Act (1997), the Balochistan Consumer Protection Act (2003), and the Punjab Consumers Protection Act (2005).
Coverage Horizontal
Sources
- https://web.archive.org/web/20220519060734/https://na.gov.pk/uploads/documents/1329725797_452.pdf
- https://web.archive.org/web/20230314201429/http://kpcode.kp.gov.pk/uploads/1997_06_THE_KHYBER_PAKHTUNKHWA_CONSUMERS_PROTECTION_ACT_1997_.pdf
- https://web.archive.org/web/20231209153407/http://nasirlawsite.com/laws/bcpa.htm
- https://faolex.fao.org/docs/pdf/pak195698.pdf
- https://web.archive.org/web/20250206173747/https://www.iiu.edu.pk/wp-content/uploads/2023/03/ILR-Vol-6-Issue-2-Article-1-280323.pdf
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PAKISTAN
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
Pakistan has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
PAKISTAN
Since 2002
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Pakistan has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
PAKISTAN
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
Pakistan 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
PAKISTAN
Since October 1996
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Self-certification for product safety
Pakistan Telecommunication (Re-organization) Act, 1996
(پاکستان ٹیلی کمیونیکیشن (ری آرگنائزیشن) ایکٹ 1996)
(پاکستان ٹیلی کمیونیکیشن (ری آرگنائزیشن) ایکٹ 1996)
Under Section 29 of the Telecom Act 1996, approval by the Pakistan Telecommunication Authority (PTA) is required for any telecommunication terminal equipment that can be directly or indirectly connected with PSTN (Public Switched Telephone Network) and radio equipment. No person may install any telecommunication equipment as part of or connect terminal equipment (other than by a plug‑into‑socket connection) to any public switched network except in accordance with regulations made by the Authority. Tablet PCs with Wi-Fi-only functionality have been exempted from approval of the PTA as of the August 2015 Authority Decision.
The Pakistan Telecommunications Authority accepts foreign standard test reports as the basis for approval of most telecommunications equipment connected directly or indirectly to the PSTN (Public Switched Telephone Network) and radio equipment. The applicant for the approval may be a foreign manufacturer. It is reported that such type approval for a local manufacturer is twice as cheap (5000 PKR, approx. 48 USD) than for a foreign one (100 USD).
The Pakistan Telecommunications Authority accepts foreign standard test reports as the basis for approval of most telecommunications equipment connected directly or indirectly to the PSTN (Public Switched Telephone Network) and radio equipment. The applicant for the approval may be a foreign manufacturer. It is reported that such type approval for a local manufacturer is twice as cheap (5000 PKR, approx. 48 USD) than for a foreign one (100 USD).
Coverage Telecommunication sector
PAKISTAN
Reported in 2020
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
Ban on online payments for the subscription of electronic media content
It is reported that in November 2020, the Pakistan government banned online payments from India for the subscription of electronic media content as part of the capabilities offered by the Pakistan Electronic Media Regulatory Authority Ordinance 2002. In practice, this restriction impacts the provision of electronic media content.
Coverage Indian online payments
Sources
- https://web.archive.org/web/20210304110011/https://timesofindia.indiatimes.com/world/pakistan/pak-bans-online-payments-for-indian-electronic-media-content-report/articleshow/79209192.cms
- https://economictimes.indiatimes.com/news/international/world-news/pakistan-bans-online-payments-for-indian-electronic-media-content-report/articleshow/79209280.cms?from=mdr
- https://web.archive.org/web/20230930185202/http://pid.gov.pk/uploads/media_laws/Ordinance_2002.pdf
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PAKISTAN
Reported in 2023
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 PKR 5,000 (approx. USD 20), below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
PAKISTAN
Reported in 2021, last reported in 2023
Pillar Intermediary liability |
Sub-pillar User identity requirement
Mandatory SIM card registration
It is reported that Pakistan imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card or a passport in case of foreigners to activate a new prepaid SIM card. In addition, SIM cards cannot be activated without biometric identification
Coverage Telecommunications sector
Sources
- https://www.comparitech.com/blog/vpn-privacy/sim-card-registration-laws/#Type_of_ID_required_by_country
- https://web.archive.org/web/20230123124352/https://www.gsma.com/mobilefordevelopment/wp-content/uploads/2021/04/Digital-Identity-Access-to-Mobile-Services-and-Proof-of-Identity-2021_SPREADs.pdf
- https://web.archive.org/web/20171112100306/https://www.pta.gov.pk/en/biometric-verification
- https://web.archive.org/web/20231229062524/https://www.biometricupdate.com/202301/nadra-details-pakistans-stronger-fingerprint-biometric-system-for-sim-registration
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PAKISTAN
Since November 2020, as amended in October 2021
Pillar Intermediary liability |
Sub-pillar Monitoring requirement
Removal and Blocking of Unlawful Online Content (Procedure, Oversight and Safeguards) Rules 2021
According to Art. 7.5 of the Removal and Blocking of Unlawful Online Content (Procedure, Oversight and Safeguards) Rules 2021, which repealed the 2020 Rules, "Significant Social Media Companies" have to deploy mechanisms to ensure immediate blocking of live streaming of any online content related to terrorism and hate speech, among others. According to Art. 2 of the law, a "Significant Social Media Company" includes social media companies with more than half a million users in Pakistan or is on the list specially notified by the Authority for this purpose from time to time
Coverage Internet intermediaries
PAKISTAN
Since August 2016
Since November 2020, last amended in October 2021
Since November 2020, last amended in October 2021
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Prevention of Electronic Crimes Act, 2016 (الیکٹرانک کرائم ایکٹ، 2016)
Removal and Blocking of Unlawful Online Content (Procedure, Oversight and Safeguards) Rules 2020
Removal and Blocking of Unlawful Online Content (Procedure, Oversight and Safeguards) Rules 2020
In the exercise of the powers conferred by Art. 37 of the Prevention of Electronic Crimes Act of 2016 (PECA), the government published the Removal and Blocking of Unlawful Online Content (Procedure, Oversight, and Safeguards) Rules 2020. According to Art. 4 of the Rules, the online dissemination of any information that intimidates or harms the reputation of the Federal or Provincial Government or any person holding public office is regarded as a threat to the 'integrity, security, and defence of Pakistan" and is subject to removal or blocking. The Pakistan Telecommunications Authority (PTA) disclosed in January 2023 that it had blocked over 1.1 million links and websites for various legal reasons, with over 900,000 of them blocked due to concerns regarding "decency and morality." Since the PTA does not publish a publicly available list of blocked websites, information about blocking is often based on anecdotal evidence and is accessible only on a case-by-case basis.
In May 2023, the PTA implemented a nearly week-long block on Facebook, Twitter, and YouTube. Additionally, access to YouTube experienced intermittent disruptions in August and September 2022. Additionally, dating apps like Tinder, Grindr, Tagged, Skout, and SayHi have been blocked since 2020.
In May 2023, the PTA implemented a nearly week-long block on Facebook, Twitter, and YouTube. Additionally, access to YouTube experienced intermittent disruptions in August and September 2022. Additionally, dating apps like Tinder, Grindr, Tagged, Skout, and SayHi have been blocked since 2020.
Coverage Online content
Sources
- https://web.archive.org/web/20240917144258/https://www.pta.gov.pk/assets/media/notification_sro_18112020.pdf
- https://web.archive.org/web/20230221224904/https://moitt.gov.pk/SiteImage/Misc/files/Removal%20Blocking%20of%20Unlawful%20Online%20Content%20Rules%202021.PDF
- https://web.archive.org/web/20230326145927/https://www.digitalrightsmonitor.pk/pta-empowered-to-block-online-speech-critical-of-government-gets-power-to-block-entire-online-systems/
- https://web.archive.org/web/20230801082330/https://www.dawn.com/news/1591187
- https://freedomhouse.org/country/pakistan/freedom-net/2023
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