MYANMAR
Since March 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Directive on public procurement, and on the disposal and lease of state-owned assets - Directive 1/2022 of the Office of the State Administration Council (အစိုးရ၏ ဝယ်ယူခြင်း၊ နိုင်ငံပိုင်ပစ္စည်းများ ထုခွဲခြင်းနှင့် ငှားရမ်းခြင်း လုပ်ငန်းများ ဆောင်ရွက်ရာတွင် လိုက်နာရမည့် ညွှန်ကြားချက် - နိုင်ငံတော်စီမံအုပ်ချုပ်ရေးကောင်စီရုံး၏ ညွှန်ကြားချက်အမှတ် (၁/၂၀၂၂))
According to Paragraph 5 of Directive 1/2022, the submission of tenders is open to all, except in the specific cases detailed in Paragraphs 4, 6, 7, and 8. Moreover, Paragraph 13 provides that procurement from international sources may be conducted in instances where the required goods are unavailable within the domestic market or where no authorised dealer has been designated by the manufacturer to distribute the foreign product locally.
Coverage Horizontal
MYANMAR
Since October 2013, last amended in 2017
Pillar Telecom infrastructure & competition |
Sub-pillar Other restrictions to operate in the telecom market
The Telecommunications Law (The Pyidaungsu Hluttaw Law No. 31, 2013) (ဆက္သြယ္ေရးဥပေဒ (၂၀၁၃ ခုနွစ္၊ ၿပည္ေထာင္စုဥပေဒလႊတ္ေတာ္ဥပေဒအမွတ္ ၃၁။))
Chapter 3 of the Myanmar Telecommunications Law stipulates that any person, department, or business organisation, inside Myanmar or from abroad, willing to provide the following facilities and/or telecommunication services shall apply to the Directorate of Communication under the Ministry of Communications and Information Technology for permission and licence for the following services: (i) Network facility services (NFS); (b) Network Services (NS); and (ii) Application services (AS).
It is reported that the government issues tenders upon granting telecommunications licenses. The Government determines from a policy standpoint how many operators to let in. In addition, in 2020, it was reported that the government of Myanmar reportedly threatened to cancel licenses unless their holders complied with demands to block websites, including news outlets. Local government officials also stressed the need for providers to obtain permits to lay fibre-optic cables, build towers, and install Wi-Fi devices.
It is reported that the government issues tenders upon granting telecommunications licenses. The Government determines from a policy standpoint how many operators to let in. In addition, in 2020, it was reported that the government of Myanmar reportedly threatened to cancel licenses unless their holders complied with demands to block websites, including news outlets. Local government officials also stressed the need for providers to obtain permits to lay fibre-optic cables, build towers, and install Wi-Fi devices.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20221221023224/https://www.burmalibrary.org/docs23/2013-10-08-Telecommunications_Law-en.pdf
- https://web.archive.org/web/20220121063027/https://www.ptd.gov.mm/Uploads/Services/Attach/22018/2256121422018_1.%20Telecom%20Law%20(Myanmar).pdf
- https://web.archive.org/web/20220331215422/https://www.itu.int/en/ITU-D/Regulatory-Market/Documents/Myanmar/Session6_2%20SeintSeintAye_Myanmar%20licensing.pdf
- https://web.archive.org/web/20230401180531/https://freedomhouse.org/country/myanmar/freedom-net/2021
- http://i-tip.wto.org/services/DetailView.aspx?id=2306641&id2=&id3=&sPath=000021090010901&mzMode=Modes3
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MYANMAR
Since April 2017
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Directive of the President’s Office No. 1/2017 on Tender and Procurement Procedures
Pursuant to Directive No. 1/2017, the establishment of a commercial presence is mandated for the provision of services related to government procurement. As part of the qualification process, applicants are required to submit evidence demonstrating that they are registered companies in Myanmar and have fulfilled their relevant tax obligations.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220808070604/https://www.lincolnmyanmar.com/wp-content/uploads/2019/04/Tender-procedure-Presidents-Office-1-2017_NoCopy.pdf
- https://web.archive.org/web/20210314045821/https://www.drdmyanmar.org/documents/1-2017%20(10.4.2017).pdf
- https://itip-services-worldbank.wto.org/DetailView.aspx?id=3301248&id2=&id3=&sPath=0000000000000000000000000000000000000&mzMode=Modes1
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MYANMAR
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Myanmar has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
MYANMAR
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
6.28%
Coverage rate of zero-tariffs on ICT goods (%)
1.91%
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
EQUATORIAL GUINEA
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
Equatorial Guinea 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
EQUATORIAL GUINEA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Equatorial Guinea 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
EQUATORIAL GUINEA
Since August 1980
Pillar Content access |
Sub-pillar Restrictions on online advertising
Decree-Law No. 3/1980 (Decreto-Ley No. 3/1980)
As per Art. 11 of Decree-Law No. 3/1980, which approves the Advertising Statute, advertising agencies are defined as companies that are duly authorized to professionally engage on behalf of third parties in creating, planning, executing, or distributing advertising campaigns through any means of dissemination. Art. 16 specifies that individuals or entities intending to participate in advertising activities must meet the requirements set by the Secretariat of State for Information and Tourism. They are also required to adhere to regulatory standards and register in the General Advertising Registry under the Technical Secretariat of the Department of Information and Tourism.
Art. 17 outlines the conditions necessary to obtain the licence, including: (i) possession of the necessary capacity to engage in the trade; (ii) adoption of any of the constitutive forms of society for juridical persons; (iii) demonstration of necessary morality and proof of economic solvency.
Art. 17 outlines the conditions necessary to obtain the licence, including: (i) possession of the necessary capacity to engage in the trade; (ii) adoption of any of the constitutive forms of society for juridical persons; (iii) demonstration of necessary morality and proof of economic solvency.
Coverage Advertising sector
EQUATORIAL GUINEA
Since July 2016
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Law No. 1/2016 on the Protection of Personal Data (Ley No. 1/2016 de Protección de Datos Personales)
Art. 17 of the Law No. 1/2016 stipulates that any mechanism or system for storing, archiving, structuring and accessing citizens' personal data (referred to as "ficheros" in the law, that is "databases") may be created by private initiative only with the appropriate concession or administrative authorisation from the competent authority. In addition, according to Arts. 19 and 20, the project must be notified in advance to the Data Protection Authority, which must include the following information:
- The purpose of the database and its intended use;
- The persons or categories of persons from whom personal data are to be obtained or who are required to supply them;
- The address and location of the database;
- The basic and technical structure of the file and a description of the types of personal data it contains;
- The established procedure for obtaining personal data;
- The conditions governing the communication of personal data and their communication to third parties;
- The bodies or persons responsible for the database;
- The bodies to which the rights of access, rectification, cancellation and opposition may be exercised;
- The security measures in place, with an indication of the level applicable, whether basic, medium or high;
- The registration and notification data.
- The purpose of the database and its intended use;
- The persons or categories of persons from whom personal data are to be obtained or who are required to supply them;
- The address and location of the database;
- The basic and technical structure of the file and a description of the types of personal data it contains;
- The established procedure for obtaining personal data;
- The conditions governing the communication of personal data and their communication to third parties;
- The bodies or persons responsible for the database;
- The bodies to which the rights of access, rectification, cancellation and opposition may be exercised;
- The security measures in place, with an indication of the level applicable, whether basic, medium or high;
- The registration and notification data.
Coverage Horizontal
EQUATORIAL GUINEA
Reported in 2019, last reported in 2024
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Complaints about import licensing procedures
Equatorial Guinea requires licences for imports of goods valued at over 50,000 CFA francs (approx. USD 83). This must be done through an authorised bank and pre-shipment inspection is required for most goods. Companies in Equatorial Guinea have indicated that the need to obtain prior authorisations or licences for imports is one of the most cumbersome parts of the trade process and that licences have an ad valorem cost of up to 10% of the trade value.
Coverage Horizontal
Sources
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/G445.pdf&Open=True
- https://minhacienda-gob.com/wp-content/uploads/2020/01/Estudio-Diagnostico-de-la-Integracion-Comercial-EDIC.pdf
- https://investhere.ipim.gov.mo/en/port/equatorialguinea/equatorialguinea_keycities/malabo/equatorialguinealawadministrativeproceduresandguidelines/
- https://app.croneri.co.uk/countries/equatorial-guinea
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EQUATORIAL GUINEA
Reported in 2019, last reported in 2023
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Local content requirements (LCRs) on ICT goods for the commercial market
Local content requirements for the commercial market
It is reported that foreign investors must comply with local content rules, which vary by sector. A certain percentage of local content must be included in goods and technologies produced by companies with foreign investors. In addition, local content rules require that foreign workers not exceed 10 per cent of the total workforce. It is also reported that local content rules are applied inconsistently, creating disincentives for foreign investment.
Coverage Horizontal
EQUATORIAL GUINEA
Reported in 2019
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Export restrictions on ICT goods or online services
Export restrictions
It is reported that there is a requirement for prior authorisation or licences issued by the Ministry of Trade for all exports. Businesses in Equatorial Guinea have identified this requirement as the most cumbersome part of the trade process. All traders are also required to register with the Ministry of Trade. The country's export regulations and procedures also lack transparency, and official trade data and information are not readily available. These challenges are reported to be problematic for shipping companies, small traders and traders of non-traditional products.
Coverage Horizontal
EQUATORIAL GUINEA
Since November 2005
Since September 2012
Since September 2012
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Self-certification for product safety
Law No. 7/2005, General Telecommunications Law (Ley Núm. 7/2.005 General de Telecomunicaciones)
Ministerial Order No. 13/2012 approving the Regulation on the Approval of Telecommunication Equipment, Devices and Systems in the Republic of Equatorial Guinea (Orden Ministerial Núm. 13/2012 por la que se aprueba el Reglamento de Homologación de Equipos, Aparatos y Sistemas de Telecomunicaciones en la República de Guinea Ecuatorial)
Ministerial Order No. 13/2012 approving the Regulation on the Approval of Telecommunication Equipment, Devices and Systems in the Republic of Equatorial Guinea (Orden Ministerial Núm. 13/2012 por la que se aprueba el Reglamento de Homologación de Equipos, Aparatos y Sistemas de Telecomunicaciones en la República de Guinea Ecuatorial)
Art. 18 of Law 7/2005 establishes that all telecommunications apparatus, terminals, equipment and systems require a certificate of approval for connection to the network and for the provision of any telecommunications service or activity, to be issued in the manner established by regulation of the Regulatory Authority. The same article stipulates that no telecommunications equipment or system may be imported or marketed in any manner whatsoever without the appropriate approval certificate. Within the framework of these legal provisions, the Regulation on the Approval of Telecommunications Equipment, Devices and Systems has been adopted in 2012.
Art. 2 of the Regulation on the Approval of Telecommunication Equipment, Devices and Systems in the Republic of Equatorial Guinea establishes the general regime, requirements, procedures, deadlines, characteristics and conditions for the approval of telecommunications equipment, apparatus and systems, as well as their installation in Equatorial Guinea with the objective to avoid electromagnetic interference and to ensure electromagnetic compatibility with other uses of the frequency spectrum. Art. 10 stipulates that the "Oficina Reguladora de las Telecomunicaciones (ORTEL)" may use the following mechanisms to carry out approval processes: technical tests carried out by ORTEL or homologation in laboratories accredited by ORTEL, if the equipment or device has not been subject to approval. If the equipment or device has been approved abroad, ORTEL will validate and certify the approval through the recognized certification of a third country. Art. 21 provides that ORTEL acknowledges the validity of technical specifications, certificates of conformity, or documents of compliance with international technical regulations from international organizations and laboratories listed in Annex II of the Regulation.
Art. 2 of the Regulation on the Approval of Telecommunication Equipment, Devices and Systems in the Republic of Equatorial Guinea establishes the general regime, requirements, procedures, deadlines, characteristics and conditions for the approval of telecommunications equipment, apparatus and systems, as well as their installation in Equatorial Guinea with the objective to avoid electromagnetic interference and to ensure electromagnetic compatibility with other uses of the frequency spectrum. Art. 10 stipulates that the "Oficina Reguladora de las Telecomunicaciones (ORTEL)" may use the following mechanisms to carry out approval processes: technical tests carried out by ORTEL or homologation in laboratories accredited by ORTEL, if the equipment or device has not been subject to approval. If the equipment or device has been approved abroad, ORTEL will validate and certify the approval through the recognized certification of a third country. Art. 21 provides that ORTEL acknowledges the validity of technical specifications, certificates of conformity, or documents of compliance with international technical regulations from international organizations and laboratories listed in Annex II of the Regulation.
Coverage Telecommunications equipment, apparatus and systems
Sources
- https://minhacienda-gob.com/wp-content/uploads/2020/06/TELECOMUNICACIONES.pdf
- https://mintct.gob.gq/wp-content/uploads/OM-Num.-13-2012-de-fecha-4-de-septiembre.-REGLAMENTO-DE-HOMOLOGACION-DE-EQUIPOS-APARATOS-Y-SISTEMAS-DE-TELECOMUNICACIONES.pdf
- https://ib-lenhardt.com/type-approval/equatorial-guinea
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EQUATORIAL GUINEA
Since December 2018, entry into force in March 2019
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
Regulation No. 2/18/CEMAC/UMAC/CM regulating foreign exchange in CEMAC (Réglement N°2/18/CEMAC/UMAC/CM portant réglementation des changes dans la CEMAC)
Chapter I of Title II of Regulation No. 02/18/CEMAC/UMAC/CM of the Central African Economic and Monetary Community (CEMAC) provides that companies and individuals resident in CEMAC countries must obtain authorisation from the Bank of Central African States (BEAC) to hold offshore and onshore foreign currency accounts. If the BEAC does not act on the application within 30 days, it is deemed to have been approved. It is reported that these regulations force most companies to maintain their bank accounts in XAF rather than a foreign currency.
Coverage Horizontal
Sources
- https://cosumaf.org/wp-content/uploads/2020/02/reglement-n02-18-cemac-umac-cm-portant-reglementation-des-changes-dans-la-cemac.pdf
- https://www.beac.int/wp-content/uploads/2020/08/Reglamento-Num-02_CEMAC_UMAC_ok_compressed-4.pdf
- https://www.state.gov/reports/2023-investment-climate-statements/equatorial-guinea/
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EQUATORIAL GUINEA
Reported in 2021, last reported in 2024
Pillar Online sales and transactions |
Sub-pillar 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 200.
Coverage Horizontal