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. 113 of Decree No. 1399 stipulates that, for the selection of bids where the prices do not exceed 5% of the best-evaluated bid, preference shall be given to the bid that meets the following criteria:
- in the procurement of goods, the offer with the highest national added value;
- in the procurement of works and services, the bid submitted by a bidder whose leading domicile is in Venezuela has a greater incorporation of national parts and inputs and a greater participation of national human resources, including at the managerial level.
Once the above criteria have been applied, if the evaluation yields two or more bids with equal results, preference will be given to the bidder that has greater national participation in its capital.
- in the procurement of goods, the offer with the highest national added value;
- in the procurement of works and services, the bid submitted by a bidder whose leading domicile is in Venezuela has a greater incorporation of national parts and inputs and a greater participation of national human resources, including at the managerial level.
Once the above criteria have been applied, if the evaluation yields two or more bids with equal results, preference will be given to the bidder that has greater national participation in its capital.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240729110044/https://www.asambleanacional.gob.ve/storage/documentos/leyes/decreto-n0-1399-mediante-el-cual-se-dicta-el-decreto-con-rango-valor-y-fuerza-de-ley-de-contrata...
- https://web.archive.org/web/20231126174848/https://ustr.gov/sites/default/files/files/reports/2017/NTE/2017%20NTE.pdf
VENEZUELA
Since February 2011
Pillar Telecom infrastructure & competition |
Sub-pillar Licensing restrictions to operate in the telecom market
Official Gazette No. 39,610: Organic Telecommunications Law (Gaceta Oficial No. 39.610: Ley Orgánica de Telecomunicaciones)
Art. 5 of the Organic Telecommunications Law provides that to establish or operate telecommunications networks and to provide telecommunications services, the prior obtaining of the corresponding administrative authorisation, concession or permit, if necessary, shall be required in the cases and conditions established by the legislation and the National Telecommunications Commission. The mentioned activities and services may be subject to quality parameters and special goals of uniform minimum coverage, as well as to the provision of services under preferential conditions of access and prices to certain public institutions.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20230313183724/http://www.conatel.gob.ve/ley-organica-de-telecomunicaciones-2/
- https://web.archive.org/web/20230128041809/http://www.conatel.gob.ve/telecomunicaciones-2/?target=titulos
- https://web.archive.org/web/20230927054843/https://www.itu.int/net4/itu-d/icteye#/
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VENEZUELA
Reported in 2020, last reported in 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Complaints for lack of transparency in public procurement
It has been reported that there is a certain lack of transparency, opacity, and discretion in Venezuela's public procurement process.
Coverage Horizontal
VENEZUELA
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Signature of the World Trade Organization (WTO) Telecom Reference Paper
Partial appendment of WTO Telecom Reference Paper to schedule of commitments
Venezuela has only partially appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
VENEZUELA
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)
Venezuela is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
VENEZUELA
Since May 2007
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Limits on investment in state-owned enterprise
The main fixed-line operator, Compañía Anónima Nacional Teléfonos de Venezuela (Cantv), is controlled by the Venezuelan government, and there is reportedly no foreign ownership. However, it is reported that full foreign ownership is permitted in the broader telecommunications sector.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20231111033728/https://www.cantv.com.ve/la-empresa/
- https://web.archive.org/web/20230916180026/https://www.itu.int/net4/itu-d/icteye#/
- https://web.archive.org/web/20241122204048/https://www.asambleanacional.gob.ve/storage/documentos/leyes/ley-constitucional-de-inversion-extranjera-productiva-20220215152559.pdf
- https://web.archive.org/web/20241206150636/https://www.globaltradealert.org/state-act/29857/venezuela-new-foreign-investment-law
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VENEZUELA
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)
13.6%
Coverage rate of zero-tariffs on ICT goods (%)
29.35%
Coverage: Digital 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
VENEZUELA
N/A
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Participation in the World Trade Organization (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
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
- Show more...
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 the reservation of procurements for nationals, although there is no further information on how this reservation would take place.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240729110044/https://www.asambleanacional.gob.ve/storage/documentos/leyes/decreto-n0-1399-mediante-el-cual-se-dicta-el-decreto-con-rango-valor-y-fuerza-de-ley-de-contrata...
- https://web.archive.org/web/20231126174848/https://ustr.gov/sites/default/files/files/reports/2017/NTE/2017%20NTE.pdf
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 grants the President of Venezuela the authority to implement temporary measures aimed at addressing adverse or unfavourable conditions impacting small and medium-sized industries, cooperatives, and other forms of community associations. These measures may include but are not limited to, the establishment of preferential contract amounts or categories, the use of procurement schemes that incorporate goods with national added value, the transfer of technology, and the inclusion of human resources.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240729110044/https://www.asambleanacional.gob.ve/storage/documentos/leyes/decreto-n0-1399-mediante-el-cual-se-dicta-el-decreto-con-rango-valor-y-fuerza-de-ley-de-contrata...
- https://web.archive.org/web/20231126174848/https://ustr.gov/sites/default/files/files/reports/2017/NTE/2017%20NTE.pdf
VANUATU
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 the UNCITRAL Model Law on Electronic Signatures
Vanuatu 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
VANUATU
Reported in 2023
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Self-certification for product safety
Lack of self-declaration of comformity (SDoC)
It is reported that conformity assessment system in Vanuatu accepts the European documentation and test reports for market access. Homologation procedure in Vanuatu requires neither local laboratory testing nor local representative contact. There are also no additional requirements concerning product labeling.
Coverage Electronic products
VANUATU
N/A
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Vanuatu does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal
VANUATU
Since October 2015
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Telecommunications and Radiocommunications (Consumer Protection) Regulations Order No. 157 of 2015
The Telecommunications and Radiocommunications (Consumer Protection) Regulations Order No.157 of 2015 provides a comprehensive consumer protection framework that also applies to online transactions.
Coverage Horizontal