MYANMAR
Since March 1989
Pillar Telecom infrastructure & competition |
Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
State-owned Economic Enterprises Law
Section 3 of the State-Owned Economic Enterprise Law No. 9/89 stipulates that certain activities, including telecommunications services, are reserved exclusively for the State. However, the Government retains the authority to permit, via notification, the execution of these reserved activities through joint ventures between the Government and other individuals or economic organisations. It has been observed that the Government frequently grants exceptions to the exclusive rights of SOEs in various economic sectors, including telecommunications, by allowing joint ventures or issuing special licenses.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20210320020111/https://www.burmalibrary.org/sites/burmalibrary.org/files/obl/docs15/1989-SLORC_Law1989-09-State-Owned_Enterprise_Act-en.pdf
- https://web.archive.org/web/20230331045937/https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S405R1.pdf&Open=True
- https://web.archive.org/web/20230926035410/https://www.state.gov/reports/2023-investment-climate-statements/burma/
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MYANMAR
Reported in 2021, last reported in 2023
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
It is reported that the military directly controls two of Myanmar's four telecommunications service providers, including military-owned Myteland and Myanmar Posts and Telecommunications (MPT), originally state-owned and the country's main telecommunications operator. The other two service providers, ATOM (formerly Telenor) and Ooredoo, were run by independent foreign companies prior to the coup but are now owned by companies linked to the military.
Coverage Telecommunications sector
MYANMAR
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that Malaysia does not require functional separation for operators with significant market power (SMP) in the telecom market. However, since 2015, there has been an obligation for accounting separation.
Coverage Telecommunications sector
MYANMAR
Since October 2013, last amended in August 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
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
Art. 28 of the Presidential Directive No. 1/2017 mandates that the Tender Acceptance and Evaluation Committee shall evaluate each of the technical proposals for public procurement in accordance with some standards, including the inclusion of local experts among the senior experts for the tasks to be assigned.
Coverage Horizontal
MYANMAR
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)
Myanmar is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
MYANMAR
Since March 1989
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
State-owned Economic Enterprises Law
Section 3 of the State-Owned Economic Enterprise Law No. 9/89 stipulates that certain activities, including telecommunications services, are reserved exclusively for the State. However, the Government retains the authority to permit, via notification, the execution of these reserved activities through joint ventures between the Government and other individuals or economic organisations. It has been observed that the Government frequently grants exceptions to the exclusive rights of SOEs in various economic sectors, including telecommunications, by allowing joint ventures or issuing special licenses.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20210320020111/https://www.burmalibrary.org/sites/burmalibrary.org/files/obl/docs15/1989-SLORC_Law1989-09-State-Owned_Enterprise_Act-en.pdf
- https://web.archive.org/web/20230331045937/https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S405R1.pdf&Open=True
- https://web.archive.org/web/20230926035410/https://www.state.gov/reports/2023-investment-climate-statements/burma/
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MYANMAR
Since April 2017
Since March 2017
Since March 2017
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Myanmar Investment Commission Notification No. 15/2017 on prohibited and restricted activities for foreign investment
Ministry of Planning and Finance Notification No. 35/2017 on Myanmar Investment Rules
Ministry of Planning and Finance Notification No. 35/2017 on Myanmar Investment Rules
Art. 1(d) of the Myanmar Investment Commission Notification No. 15/2017 requires investments in telecommunication services, the production and distribution of satellite communication items, radar communication items and related equipment, radio communication, and the production and domestic marketing of mobile handset and telephone to get approval from the Ministry of Transport and Telecommunication.
According to Art. 64 of the Ministry of Planning and Finance Notification No. 35/2017, investment proposals are evaluated based on whether "the investment is compatible with national development, security, economic, social and cultural policies, taking into consideration development, security, economic, social and cultural policy objectives announced by the Government or the government of any State or Region affected by the investment."
According to Art. 64 of the Ministry of Planning and Finance Notification No. 35/2017, investment proposals are evaluated based on whether "the investment is compatible with national development, security, economic, social and cultural policies, taking into consideration development, security, economic, social and cultural policy objectives announced by the Government or the government of any State or Region affected by the investment."
Coverage Telecom services and equipment
MYANMAR
Since March 2019
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the application process for patents
The Patent Law - Law No. 7, 2019 (The Pyidaungsu Hluttaw Law No. 7, 2019)
According to Art. 110 of the Patent Law, where the applicant’s residence or principal place of business is outside the territory of the State, the patent application may be applied through the representative or patent agent who is registered in the prescribed manner by the Department in accordance with the provisions of this Law.
Coverage Horizontal
MYANMAR
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Lack of participation in the Patent Cooperation Treaty (PCT)
Myanmar is not a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
MYANMAR
Since June 2019
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Pyidaungsu Hluttaw Law No. 15/2019 on Copyright Law
The Myanmar Copyright Law grants broad exemptions from economic rights, generally referring to the concept of 'fair practice.' Under Art. 24, an individual may reproduce a published work without the Rights Owner's authorisation solely for personal use. However, this reproduction must not result in the misuse of the literary or artistic work or infringe upon the legal rights of the Rights Owner. Notably, this exemption does not apply to the reproduction of works in the following categories: (i) architecture, such as buildings, (ii) musical works, (iii) whole or partial databases on digital platforms, and (iv) computer programs.
Coverage Horizontal
MYANMAR
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Myanmar has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
MYANMAR
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Myanmar has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
MYANMAR
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)
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