Database

Browse Database

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

MYANMAR

Since April 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
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."
Coverage Telecom services and equipment

MOROCCO

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
Morocco 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

MOROCCO

Since 2019, last amended in January 2022

Pillar Online sales and transactions  |  Sub-pillar Restrictions on online payments
General Instructions on Foreign Exchange Operations of 3 January 2022 (Instruction Générale des Opérations de Change 2022)
Under Art. 151 of the 2022 General Instruction of Foreign Exchange Operations, innovative start-ups are permitted to pay up to MAD 1,000,000 (approx. USD 100,000) annually for the import of services related to their business using international payment cards, an increase from the MAD 500,000 (approx. USD 50,000) limit established in the 2019 General Instruction. Additionally, Art. 151 stipulates that for entities incorporated under Moroccan law, payments for current e-commerce transactions are capped at MAD 200,000 (approx. USD 20,000) per calendar year and per beneficiary. This cap applies to entities that do not hold an account in foreign currency or convertible dirhams and is determined based on the amount of corporate or personal income tax (IS or IR) paid or the minimum contribution for the last fiscal year.
Coverage Horizontal

MOROCCO

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 MAD 1,213 (approx. USD 120), below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

MOROCCO

N/A

Pillar Online sales and transactions  |  Sub-pillar Restrictions on domain names
Local presence requirement for domain names
Registration of the ".ma" domain name is unrestricted. However, it is required that an administrative contact who must be a natural person established in Morocco manages the domain name with the registrar and Telecommunications Authority (ANRT).
Coverage Horizontal

MOROCCO

Since February 2011

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Law No. 31/08 on the protection of consumer, promulgated by the Royal Decree No. 1-11-03 (Dahir No. 1-11-03 du 14 rabii I 1432 (18 février 2011) portant promulgation de la loi No. 31-08 édictant des mesures de protection du consommateur)
Law No. 31/08 on the protection of consumers, promulgated by the Royal Decree No. 1-11-03, provides a comprehensive consumer protection framework that applies to online transactions.
Coverage Horizontal

MOROCCO

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
Morocco has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

MOROCCO

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Morocco 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

MOROCCO

Since August 2016

Pillar Content access  |  Sub-pillar Licensing schemes for digital services and applications
Law No. 88-13 relating to the press and publishing promulgated by Decree No. 1-16-122 of 10 August 2016 (Dahir No. 1-16-122 du 6 kaada 1437 (10 août 2016) portant promulgation de la Loi No. 88-13 relative à la presse et à l'édition)
The Press Code, published in August 2016, imposes licensing requirements for online media and mandates the registration of journalists. A director of an electronic media outlet is required to hold a press card, which is a form of certification that was previously not required for an online outlet. It is reported that it took seven months for directors of two French-language online news sites, Yabiladi and Le Desk, to receive their press cards in 2018.
To obtain press cards and benefit from state financial support, Arts. 34 and 35 of the Press Code require online news portals to acquire two types of authorisations from two different bodies, and are valid for one year at a time:
- authorisation from the Moroccan Cinema Center (CCM) to produce video content; and
- authorisation from the Telecommunications Authority (ANRT) to host domain names under "press.ma.".
Coverage Online media

MOROCCO

Since November 2007

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Law No. 53-05 on the Electronic Exchange of Legal Data, Promulgated by Decree No. 1-07-129 of 30 November 2007 (Dahir No. 1-07-129 du 19 kaada 1428 (30 novembre 2007) portant promulgation de la loi No. 53-05 relative à l'échange électronique de données juridiques)
According to Art. 13 of Law No. 53-05, relating to the electronic exchange of legal data, the import, export, supply, operation, or use of means or cryptographic services is subject to a prior statement and prior approval from the authority. The purpose of the provision is to prevent the use of cryptographic services for illegal purposes and to protect the interests of national defence, as well as the internal or external security of the state.
Coverage Cryptographic Services

MOROCCO

Since November 2007

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Export restrictions on ICT goods or online services
Law No. 53-05 on the Electronic Exchange of Legal Data, Promulgated by Decree No. 1-07-129 of 30 November 2007 (Dahir No. 1-07-129 du 19 kaada 1428 (30 novembre 2007) portant promulgation de la loi No. 53-05 relative à l'échange électronique de données juridiques)
According to Art. 13 of Law No. 53-05, relating to the electronic exchange of legal data, the import, export, supply, operation, or use of means or cryptographic services is subject to a prior statement and prior approval from the authority. The purpose of the provision is to prevent the use of cryptographic services for illegal purposes and to protect the interests of national defence, as well as the internal or external security of the state.
Coverage Cryptographic services

MOROCCO

Since August 2011

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
Law No. 24-09 Relating to the Safety of Products and Services and Supplementing the Decree of 9 Ramadan 1331 (August 12, 1913) Forming Code of Obligations and Contracts (promulgated by Decree No. 1-11-140 of 16 Ramadan 1432 (August 17, 2011)) (Loi No. 24-09 relative à la sécurité des produits et des services et complétant le dahir du 9 ramadan 1331 (12 août 1913) formant code des obligations et des contrats (promulgué par Dahir No. 1-11-140 du 16 ramadan 1432 (17 août 2011)))
According to Art. 14 of Law 24-09 of 2011, relating to the safety of products, declaration of conformity for industrial products to their relevant Moroccan standards (NM) is the sole responsibility of the manufacturer or importer. In the absence of Moroccan standards, the producer can rely on international standards. If the producers do not have the means to evaluate their products, they are allowed to rely on an external body. This body must, however, be recognised by Morocco.
With effect from 1 February 2020, it is reported that the Government, in pursuance of Law 24-09, complemented by Decree No 2-212-502 and Order No 3873-12, introduced a new Verification of Conformity Program for goods imported into Morocco. Under the new program, the verification is supposed to take place in the country of export or on arrival at the border in Morocco. Products subject to border control include electrical items such as mobile phone chargers and circuit breakers, while goods subject to verification prior to export include electrical equipment within certain voltage limits and equipment related to electromagnetic compatibility and are required to be accompanied by a Certificate of Conformity (CoC). The transitional period during which manufacturers could continue to export in Morocco without the CoC was until April 2020. Organisations officially recognised as having the relevant certifications of conformity include Bureau Veritas, TUV Rheinland, Applus Fomento, and SGS.
Coverage Electrical products

MOROCCO

Since November 2007
Since January 2015

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Restrictions on encryption standards
Law No. 53-05 on the Electronic Exchange of Legal Data, Promulgated by Decree No. 1-07-129 of 30 November 2007 (Dahir No. 1-07-129 du 19 kaada 1428 (30 novembre 2007) portant promulgation de la loi No. 53-05 relative à l'échange électronique de données juridiques)

Decree No. 2-13-881 of January 20, 2015 amending and supplementing Decree No. 2-08-518 of May 21, 2009 taken for the application of articles 13, 14, 15, 21 and 23 of Law No. 53-05 relating to the electronic exchange of legal data (Décret No. 2-13-881 du 28 rabii I 1436 (20 janvier 2015) modifiant et complétant le décret No. 2-08-518 du 25 joumada I 1430 (21 mai 2009) pris pour l’application des articles 13, 14, 15, 21 et 23 de la loi No. 53-05 relative à l’échange électronique des données juridiques)
According to Art. 13 of Law No. 53-05, relating to the electronic exchange of legal data, the import, export, supply, operation, or use of means or cryptographic services is subject to a prior statement and prior approval from the authority. The purpose of the provision is to prevent the use of cryptographic services for illegal purposes and to protect the interests of national defence, as well as the internal or external security of the state.
According to Decree 2-13-881, adopted in 2015, the responsibility for authorising and monitoring “electronic certifications,” including encryption, shifted from the Telecommunications Regulator 'ANRT' to the military’s General Directorate for the Security of Information Systems. It is reported that the civil society advocates found the change of authorities problematic, given the lack of accountability and oversight at military institutions.
Coverage Cryptographic services

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