TRINIDAD AND TOBAGO
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator 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)
Trinidad and Tobago is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
Sources
- 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
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TRINIDAD AND TOBAGO
Since July 2021
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Public Procurement and Disposal of Public Property (Procurement Methods and Procedures) Regulations, 2021
According to Art. 7.3 of the Public Procurement and Disposal of Public Property (procurement Methods and Procedures) Regulation 2021, an invitation may normally be advertised regionally or internationally when (i) the required goods, works, or services are not available from qualified, competent and experienced providers in Trinidad and Tobago at competitive prices; or (ii) it may be necessary to fulfil the terms and conditions of a regional or international treaty or agreement.
Coverage Horizontal
Sources
- https://web.archive.org/web/20210804205327/https://www.finance.gov.tt/wp-content/uploads/2021/07/The-Public-Procurement-and-Disposal-of-Public-Property-Procurement-Methods-and-Procedures-Regulations-2...
- https://web.archive.org/web/20240803195913/https://oprtt.org/wp-content/uploads/2023/09/Assent-Act-No.-13-of-2023.pdf
TRINIDAD AND TOBAGO
Since January 2015, last amended in July 2023
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Public Procurement and Disposal of Public Property Act, 2015
Art. 28 of the Public Procurement and Disposal of Public Property Act provides that a procuring entity may restrict participation in procurement proceedings to foster local industry development and enhance local content. When a procuring entity opts to limit the participation of suppliers or contractors, such restrictions must be clearly indicated and justified within the procurement proceedings. However, the Act does not specify the criteria for excluding foreign companies in order to promote local industry.
Coverage Horizontal
TRINIDAD AND TOBAGO
Reported in 2018, last reported in 2023
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Lack of transparency in tender procedures
It is reported that companies regularly allege that corruption is an obstacle to foreign direct investment, particularly in public procurement, as Trinidad and Tobago's procurement processes are not transparent.
Coverage Horizontal
TOGO
Since June 2017
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Law No. 2017-07 of 22 June 2017 on Electronic Transactions (Loi No. 2017‐07 du 22 juin 2017 relative aux transactions électroniques)
The law Electronic Transactions Act No. 2017-07 provides a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal
TOGO
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
Togo has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
TOGO
Since 2017
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Togo 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
TOGO
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Togo 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
TOGO
Reported in 2024
Pillar Content access |
Indicator Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "6.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 2 in Togo for the year 2023. This corresponds to "The government shut down domestic access to the Internet several times this year."
Coverage Horizontal
TOGO
Since February 1998, last amended in May 2004
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Law No. 98-005 on Telecommunications as amended by Law No. 2004-011 (Loi No. 98-005 du 11 février 1998 sur les télécommunications (telle que modifiée par la loi No. 2004-011 du 3 mai 2004))
Type approval procedures in Togo are regulated by the Autorité de régulation des communications électroniques et des postes (ARCEP). It is reported that the conformity requirements are similar to those of the European Union. The homologation process in Togo does not require local laboratory testing or contact with local representatives. The framework governing the approval of telecommunications equipment is outlined in the Telecommunications Law, with Art. 20 granting the Regulatory Authority the power to establish procedures for equipment approval, designate national and international laboratories, and define conditions for recognising technical standards and specifications.
Coverage Telecom equipment
TOGO
Since May 2015
Pillar Online sales and transactions |
Indicator Restrictions on online payments
Instruction No. 008-05-2015 defining the terms and conditions for the exercise of electronic money issuer activities in the WAMU area (Instruction No. 008-05-2015 définissant les conditions et modalités d'exercice des activités d’émetteurs de monnaie électronique dans l'espace UMOA)
According to Art. 31 of Instruction No. 008-05-2015, which establishes the conditions and modalities for carrying out the activities of electronic money issuers in the West African Monetary Union (WAMU) area, the assets in electronic money held by the same identified client with an issuing institution cannot exceed two million FCFA (approx. 3500 USD), unless expressly authorised by the Central Bank.
Coverage Electronic payments
TOGO
Reported in 2022, last reported in 2023
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
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 400, above the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
TOGO
Since June 2017
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Law No. 2017-07 of 22 June 2017 on Electronic Transactions (Loi No. 2017‐07 du 22 juin 2017 relative aux transactions électroniques)
Law No. 2017-07 of June 22, 2017 on Electronic Transactions establishes a safe harbour regime for intermediaries for copyright infringements. According to Arts. 55 and 56 of the law, electronic communication operators are subject to civil or criminal liability for the content stored or transmitted on their networks only in cases where:
- they are at the origin of the disputed request for transmission;
- they select the receipt of the transmission;
- they select or modify the content being transmitted;
- they did not promptly remove or block access to the illegal content upon becoming aware of it or upon receiving a served judicial order.
- they are at the origin of the disputed request for transmission;
- they select the receipt of the transmission;
- they select or modify the content being transmitted;
- they did not promptly remove or block access to the illegal content upon becoming aware of it or upon receiving a served judicial order.
Coverage Internet intermediaries
TOGO
Reported in 2021, last reported in 2023
Pillar Intermediary liability |
Indicator User identity requirement
Mandatory SIM card registration
In July 2021, a SIM card registration and limitation of subscriptions per individual and network campaign was launched by the telecommunications regulatory authority ARCEP, supported by leading telecom operators Moov Africa Togo and TogoCom. The SIM registration requirements include a national identity card or passport and the collection of biometric and demographic data.
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/20220925213630/https://www.africafex.org/digital-rights/togo-struggles-with-a-digital-id-while-actively-surveilling-citizens
- https://web.archive.org/web/20211023213944/https://www.togofirst.com/en/telecom/1205-7829-government-sets-a-cap-on-the-number-of-active-sim-cards-per-user-per-operator
- https://web.archive.org/web/20230914064845/https://arcep.tg/wp-content/uploads/2021/05/20210429_MENTD_Arrete_007_Portant-limitation-du-nombre-de-cartes-SIM-par-abonne-aux-services-de-communications-el...
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TOGO
Since December 2012, last amended in February 2013
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
Law No. 2012-018 of 17 December 2012 on electronic communications, amended by Law No. 2013-003 of 19 February 2013 (Loi No. 2012-018 du 17 décembre 2012 sur les communications électroniques, modifiée par la Loi No. 2013-003 du 19 février 2013)
There is no discrimination in licensing between nationals and foreigners. However, there is the possibility of limiting the number of licenses by decree of the Council of Ministers (Article 5.2 of the Law on Electronic Communications). All individual licenses are issued by order of the minister in charge of the electronic communications sector after authorisation by decree of the Council of Ministers. There is also an authorisation scheme which prevails for the establishment and operation of independent networks and the use of radio frequencies (Article 9). It is also reported that there are minimum capital requirements to obtain a license, although the amount is not specified.
Coverage Telecommunications sector
