LIBYA
Since July 2012, last amended in December 2013
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Resolution No. 207-2012 on the Foreigners’ Participation and Foreign Companies’ Branches and Representative Offices in Libya (قرار وزير الاقتصاد رقم (207) لسنة 2012م بشأن مساهمة الأجانب في الشركات وفروع ومكاتب تمثيل الشركات الأجنبية بليبيا)
Resolution No. 823-2013 Stating Provisions in Resolution No. 207-2012 of the Minister of Economy
(قرار رقم 823 لسنة 2013 م بتقرير أحكام في قرار وزير الاقتصاد رقم 207 لسنة 2012 م)
Resolution No. 823-2013 Stating Provisions in Resolution No. 207-2012 of the Minister of Economy
(قرار رقم 823 لسنة 2013 م بتقرير أحكام في قرار وزير الاقتصاد رقم 207 لسنة 2012 م)
Art. 6 of Resolution No. 207-2012, amended by Art. 2 of Resolution No. 823-2013, establishes a list of activities that only Libyans may carry out and for which, therefore, foreign investment is not allowed even through joint companies. Some of the listed activities are relevant to digital trade, including: import business and retail trade. In the latter case, it is not clear whether this requirement applies online.
Coverage Import business, retail sector
Sources
- https://web.archive.org/web/20240511130030/https://ejraat.gov.ly/media/%D9%82%D8%B1%D8%A7%D8%B1%20%D8%B1%D9%82%D9%85%20(207)%20%D9%84%D8%B3%D9%86%D8%A9%202012.pdf
- https://web.archive.org/web/20230128001830/https://lawsociety.ly/web/20230128001830/https://lawsociety.ly/legislation/%D9%82%D8%B1%D8%A7%D8%B1-%D8%B1%D9%82%D9%85-207-%D9%84%D8%B3%D9%86%D8%A9-2012-%D9%...
- https://web.archive.org/web/20241107101407/https://lawsociety.ly/legislation/%D9%82%D8%B1%D8%A7%D8%B1-%D8%B1%D9%82%D9%85-823-%D9%84%D8%B3%D9%86%D8%A9-2013-%D9%85-%D8%A8%D8%AA%D9%82%D8%B1%D9%8A%D8%B1-%...
- https://web.archive.org/web/20231129181246/https://lawsociety.ly/web/20231129181246/https://lawsociety.ly/legislation/%D9%82%D8%B1%D8%A7%D8%B1-%D8%B1%D9%82%D9%85-1000-%D9%84%D8%B3%D9%86%D8%A9-2022-%D9...
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LIBYA
Since July 2012, last amended in December 2013
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Requirement to engage in joint ventures to invest or operate
Resolution No. 207-2012 on the Foreigners’ Participation and Foreign Companies’ Branches and Representative Offices in Libya (قرار وزير الاقتصاد رقم (207) لسنة 2012م بشأن مساهمة الأجانب في الشركات وفروع ومكاتب تمثيل الشركات الأجنبية بليبيا)
Resolution No. 823-2013 Stating Provisions in Resolution No. 207-2012 of the Minister of Economy
(قرار رقم 823 لسنة 2013 م بتقرير أحكام في قرار وزير الاقتصاد رقم 207 لسنة 2012 م)
Resolution No. 823-2013 Stating Provisions in Resolution No. 207-2012 of the Minister of Economy
(قرار رقم 823 لسنة 2013 م بتقرير أحكام في قرار وزير الاقتصاد رقم 207 لسنة 2012 م)
Generally, foreigners can only invest in Libya through establishing joint ventures with Libyan nationals, which takes the form of a joint stock company, according to Arts. 1-3 of Resolution No. 207-2012 on the Foreigners’ Participation and Foreign Companies’ Branches and Representative Offices in Libya. According to Arts. 7 and 9 branches are also permitted for certain activities in the computer and communication sectors. Art. 1 of Resolution No. 823-2013 amended Art. 2 of Resolution No. 207-2012 and abolished Limited Liability Companies as a form of Joint Company between Libyans and foreigners.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240511130030/https://ejraat.gov.ly/media/%D9%82%D8%B1%D8%A7%D8%B1%20%D8%B1%D9%82%D9%85%20(207)%20%D9%84%D8%B3%D9%86%D8%A9%202012.pdf
- https://web.archive.org/web/20230128001830/https://lawsociety.ly/web/20230128001830/https://lawsociety.ly/legislation/%D9%82%D8%B1%D8%A7%D8%B1-%D8%B1%D9%82%D9%85-207-%D9%84%D8%B3%D9%86%D8%A9-2012-%D9%...
- https://web.archive.org/web/20241107101407/https://lawsociety.ly/legislation/%D9%82%D8%B1%D8%A7%D8%B1-%D8%B1%D9%82%D9%85-823-%D9%84%D8%B3%D9%86%D8%A9-2013-%D9%85-%D8%A8%D8%AA%D9%82%D8%B1%D9%8A%D8%B1-%...
- https://web.archive.org/web/20231129181246/https://lawsociety.ly/web/20231129181246/https://lawsociety.ly/legislation/%D9%82%D8%B1%D8%A7%D8%B1-%D8%B1%D9%82%D9%85-1000-%D9%84%D8%B3%D9%86%D8%A9-2022-%D9...
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LIBYA
Since July 2012, last amended in December 2013
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Nationality/residency requirement for directors or managers
Resolution No. 207-2012 on the Foreigners’ Participation and Foreign Companies’ Branches and Representative Offices in Libya
(قرار وزير الاقتصاد رقم (207) لسنة 2012م بشأن مساهمة الأجانب في الشركات وفروع ومكاتب تمثيل الشركات الأجنبية بليبيا)
(قرار وزير الاقتصاد رقم (207) لسنة 2012م بشأن مساهمة الأجانب في الشركات وفروع ومكاتب تمثيل الشركات الأجنبية بليبيا)
Art. 1 of Resolution No. 207 of 2012 stipulates that the Chairman of the Board of Directors of Joint Companies between Libyans and foreigners must be Libyan.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240511130030/https://ejraat.gov.ly/media/%D9%82%D8%B1%D8%A7%D8%B1%20%D8%B1%D9%82%D9%85%20(207)%20%D9%84%D8%B3%D9%86%D8%A9%202012.pdf
- https://web.archive.org/web/20230128001830/https://lawsociety.ly/web/20230128001830/https://lawsociety.ly/legislation/%D9%82%D8%B1%D8%A7%D8%B1-%D8%B1%D9%82%D9%85-207-%D9%84%D8%B3%D9%86%D8%A9-2012-%D9%...
- https://web.archive.org/web/20231129181246/https://lawsociety.ly/web/20231129181246/https://lawsociety.ly/legislation/%D9%82%D8%B1%D8%A7%D8%B1-%D8%B1%D9%82%D9%85-1000-%D9%84%D8%B3%D9%86%D8%A9-2022-%D9...
- https://web.archive.org/web/20241107101407/https://lawsociety.ly/legislation/%D9%82%D8%B1%D8%A7%D8%B1-%D8%B1%D9%82%D9%85-823-%D9%84%D8%B3%D9%86%D8%A9-2013-%D9%85-%D8%A8%D8%AA%D9%82%D8%B1%D9%8A%D8%B1-%...
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LIBYA
Since January 2010
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Resolution No. 499-2010 Issuing the Executive Regulations of Law No. 9-2010 Regarding Investment Encouragement
According to Resolution No. 499 of 2010, permission to establish, develop, rehabilitate, manage or operate an investment project is issued by a decision from the Ministry of Economy and Trade (MET) based on the recommendation of the Privatization and Investment Board (PIB), which enjoys exclusive jurisdiction to issue licenses (Art. 6). After obtaining the approval, the investor applies for the investment register (Art. 20). It is reported that the PIB’s screening process for investors and criteria are not published or transparent. It is further reported that the PIB says it evaluates bids or proposals for their compatibility with Libya’s national security, sovereignty, and economic interests.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230331060316/https://ejraat.gov.ly/media/ExeutiveLawNo9.pdf
- https://web.archive.org/web/20240718111654/https://lawsociety.ly/legislation/%D9%82%D8%B1%D8%A7%D8%B1-%D8%B1%D9%82%D9%85-499-%D9%84%D8%B3%D9%86%D8%A9-2010-%D9%85-%D8%A8%D8%A5%D8%B5%D8%AF%D8%A7%D8%B1-%...
- https://web.archive.org/web/20240305061301/https://www.state.gov/reports/2023-investment-climate-statements/libya/
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LIBYA
Since July 2012, last amended in December 2013
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Resolution No. 207-2012 on the Foreigners’ Participation and Foreign Companies’ Branches and Representative Offices in Libya
(قرار وزير الاقتصاد رقم (207) لسنة 2012م بشأن مساهمة الأجانب في الشركات وفروع ومكاتب تمثيل الشركات الأجنبية بليبيا)
(قرار وزير الاقتصاد رقم (207) لسنة 2012م بشأن مساهمة الأجانب في الشركات وفروع ومكاتب تمثيل الشركات الأجنبية بليبيا)
According to Art. 7 of Resolution No. 207-2012 on the Foreigners’ Participation and Foreign Companies’ Branches and Representative Offices in Libya, for certain areas listed in Art. 9, branches of foreign-owned companies may open in Libya only if the Minister of Economy provides approval. Among activities listed under Art. 9, there are telecommunications-related activities, including installing and maintaining telecommunications systems and stations and establishing and maintaining stations, towers, and antennas for wireless communications and air navigation stations.
Coverage Certain telecommunications-related activities
Sources
- https://web.archive.org/web/20240511130030/https://ejraat.gov.ly/media/%D9%82%D8%B1%D8%A7%D8%B1%20%D8%B1%D9%82%D9%85%20(207)%20%D9%84%D8%B3%D9%86%D8%A9%202012.pdf
- https://web.archive.org/web/20230128001830/https://lawsociety.ly/web/20230128001830/https://lawsociety.ly/legislation/%D9%82%D8%B1%D8%A7%D8%B1-%D8%B1%D9%82%D9%85-207-%D9%84%D8%B3%D9%86%D8%A9-2012-%D9%...
- https://web.archive.org/web/20241107101407/https://lawsociety.ly/legislation/%D9%82%D8%B1%D8%A7%D8%B1-%D8%B1%D9%82%D9%85-823-%D9%84%D8%B3%D9%86%D8%A9-2013-%D9%85-%D8%A8%D8%AA%D9%82%D8%B1%D9%8A%D8%B1-%...
- https://web.archive.org/web/20231129181246/https://lawsociety.ly/web/20231129181246/https://lawsociety.ly/legislation/%D9%82%D8%B1%D8%A7%D8%B1-%D8%B1%D9%82%D9%85-1000-%D9%84%D8%B3%D9%86%D8%A9-2022-%D9...
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KOREA
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 ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Korea has signed but not ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
KOREA
Since 1999
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Korea 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
KOREA
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
Korea 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
KOREA
Since December 1986, as amended in December 2008, last amended in June 2022
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Export restrictions on ICT goods or online services
Foreign Trade Act (대외무역법)
Since 2008, the Foreign Trade Act has required a license prior to the export of strategic goods. These items include dual-use items. Among them, electronics (category 3), computers (category 4), telecommunications and information security (category 5), and sensors and lasers (category 6) are relevant to digital goods. These categories are controlled by the Ministry of Trade, Investment, and Energy.
Coverage Strategic goods
KOREA
Reported in 2022
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Export restrictions on ICT goods or online services
Export ban on strategic goods
On 28 February 2022, the South Korean Ministry of Economy and Finance (MOEF) introduced export bans on "strategic goods" to Russia. These strategic goods are classified into two categories: "dual-use" and "military use." Among the dual-use items are ICT goods such as machines and apparatus primarily used for the manufacture of semiconductor boules or wafers, semiconductor devices, and electronic integrated circuits. Other items included in the ban are telephone sets, including those for cellular networks or other wireless networks, among others.
Coverage Strategic goods
KOREA
N/A
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Self-certification for product safety
Electrical Appliances Safety Control Act (전기용품 및 생활용품 안전관리법)
The Electrical Appliances Safety Control Act authorises the Korean Agency for Technology and Standards to develop safety certification schemes for the import of electronic appliances. The agency has created three certification schemes: KC Safety Certification, KC Safety Confirmation, and SDoC.
The requirements are the following:
- Type 1 products must go through a certification procedure that includes factory inspection (initial and regular) with mandatory product testing every two years in order to get KC Certification. Type 1 products include electric wire, cords, switches for electrical appliances, motor-oriented electric tools, breakers, insulated transformers, and lighting appliances;
- Type 2 products, which are considered less dangerous, must overcome certification procedures that include safety testing without factory inspection. Type 2 products include electric switches, electric appliances, audio and video electronic apparatus, lighting appliances, insulated transformers, and information technology equipment;
- Type 3 products are qualified to be clear of mandatory certification procedures with a showing of SDoC. Except for products that qualify for SDoC, the other two methods, which include local testing, could be burdensome. Type 3 products include fluorescent lamp starters, DC power supplies, and electric chargers connected to the electric appliances, as well as some electric appliances, audio and video electronic apparatus, and information technology equipment.
The requirements are the following:
- Type 1 products must go through a certification procedure that includes factory inspection (initial and regular) with mandatory product testing every two years in order to get KC Certification. Type 1 products include electric wire, cords, switches for electrical appliances, motor-oriented electric tools, breakers, insulated transformers, and lighting appliances;
- Type 2 products, which are considered less dangerous, must overcome certification procedures that include safety testing without factory inspection. Type 2 products include electric switches, electric appliances, audio and video electronic apparatus, lighting appliances, insulated transformers, and information technology equipment;
- Type 3 products are qualified to be clear of mandatory certification procedures with a showing of SDoC. Except for products that qualify for SDoC, the other two methods, which include local testing, could be burdensome. Type 3 products include fluorescent lamp starters, DC power supplies, and electric chargers connected to the electric appliances, as well as some electric appliances, audio and video electronic apparatus, and information technology equipment.
Coverage Electrical appliances
Sources
- https://web.archive.org/web/20221130003017/https://www.kats.go.kr/content.do?cmsid=44
- https://web.archive.org/web/20241213214311/https://www.law.go.kr/lsInfoP.do?lsiSeq=200901&urlMode=engLsInfoR&viewCls=engLsInfoR#0000
- https://web.archive.org/web/20241213214412/https://elaw.klri.re.kr/kor_mobile/viewer.do?hseq=45624&type=sogan&key=13
- https://web.archive.org/web/20201130011413/https://www.gma.trade/single-post/2019/05/09/south-korea-market-access-for-electrical-and-rtt-products
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KOREA
Since 2010
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Self-certification for product safety
Radio Wave Act (전파법)
The Ministry of Science, ICT & Future Planning (MSIP) is an authority that conducts EMC and wireless communication certification. KC certification is issued by Korea’s National Radio Research Agency (RRA) and requires testing at an RRA-approved laboratory. There are three mandatory certification mechanisms for imported broadcasting and communications equipment to test the safety of radio waves (Art. 58-2):
- Certain equipment must receive a certification of conformity from the Ministry of Science, ICT and Future Planning after undergoing a test by a designated third-party laboratory. Such equipment includes wireless telephone alarm automatic receiver, radar equipment for ships, telephone, and modem;
- Equipment that is not subject to this certification may come in only with a showing of confirmation that verifies the compatibility after undergoing a test either by a designated third-party testing body or self-tests. The equipment that falls in this category includes Computing devices and peripherals, broadcasting set-top boxes, measuring instruments, industrial devices, and connectors.
- Equipment that is not subject to either of these schemes must have interim conformity after passing a test showing conformity with domestic or international standards. Equipment that is newly developed but whose conformity assessment criteria have yet to be developed falls in this category.
Korea has entered into a mutual recognition arrangement with the United States, Canada, EU, Vietnam, and Chile. However, except for Canada, the import of broadcasting and communications equipment from other countries must still receive certification of conformity from the South Korean government, even if a conformity test has been conducted in the exporting countries.
- Certain equipment must receive a certification of conformity from the Ministry of Science, ICT and Future Planning after undergoing a test by a designated third-party laboratory. Such equipment includes wireless telephone alarm automatic receiver, radar equipment for ships, telephone, and modem;
- Equipment that is not subject to this certification may come in only with a showing of confirmation that verifies the compatibility after undergoing a test either by a designated third-party testing body or self-tests. The equipment that falls in this category includes Computing devices and peripherals, broadcasting set-top boxes, measuring instruments, industrial devices, and connectors.
- Equipment that is not subject to either of these schemes must have interim conformity after passing a test showing conformity with domestic or international standards. Equipment that is newly developed but whose conformity assessment criteria have yet to be developed falls in this category.
Korea has entered into a mutual recognition arrangement with the United States, Canada, EU, Vietnam, and Chile. However, except for Canada, the import of broadcasting and communications equipment from other countries must still receive certification of conformity from the South Korean government, even if a conformity test has been conducted in the exporting countries.
Coverage Broadcasting and communications equipment
Sources
- https://www.law.go.kr/%EB%B2%95%EB%A0%B9/%EC%A0%84%ED%8C%8C%EB%B2%95
- https://web.archive.org/web/20230402112620/https://rra.go.kr/ko/license/A_f_mra.do
- https://web.archive.org/web/20211026022816/https://elaw.klri.re.kr/eng_mobile/ganadaDetail.do?hseq=38783&type=abc&key=RADIO%20WAVES%20ACT¶m=R
- https://web.archive.org/web/20230327034351/https://rra.go.kr/en/cas/intro.do
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KOREA
Since June 1961, last amended in October 2021
Since March 2001, as amended in May 2010, last amended in July 2022
Since March 2001, as amended in May 2010, last amended in July 2022
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Product screening and additional testing requirements
National Intelligence Service Korea Act (국가정보원법)
Electronic Government Act (전자정부법)
Electronic Government Act (전자정부법)
Pursuant to Art. 4 of the National Intelligence Service Korea Act and Art. 56 of the Electronic Government Act, the National Intelligence Service (NIS) imposes security verification requirements on network equipment and cyber-security software in government procurement. Generally, they may satisfy the requirement by showing that the products are certified at a Common Criteria Recognition Arrangement (CCRA) accredited lab outside of Korea. However, certain network equipment must undergo an additional security verification process. Furthermore, the Common Criteria (CC) certification may not be sufficient for two reasons. First, NIS may substitute the CC certification with other certification mechanisms that were internally developed (e.g., GS Certification). Second, NIS may reject a CC certification when it deems that the certification does not cover particular functions of the product that the government entity needs.
Coverage Network equipment and cyber-security software
Sources
- https://www.nis.go.kr:4016/AF/1_7_2_1.do
- https://www.law.go.kr/%EB%B2%95%EB%A0%B9/%EA%B5%AD%EA%B0%80%EC%A0%95%EB%B3%B4%EC%9B%90%EB%B2%95/(17646,20201215)
- https://www.law.go.kr/%EB%B2%95%EB%A0%B9/%EC%A0%84%EC%9E%90%EC%A0%95%EB%B6%80%EB%B2%95
- https://elaw.klri.re.kr/eng_mobile/viewer.do?hseq=33396&type=part&key=4
- https://elaw.klri.re.kr/eng_mobile/viewer.do?hseq=45844&type=part&key=4
- https://ustr.gov/sites/default/files/2020_National_Trade_Estimate_Report.pdf
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KOREA
Since March 2001, as amended in May 2010, last amended in July 2022
Since August 2017
Since August 2017
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Restrictions on encryption standards
Electronic Government Act (전자정부법)
Encryption Modules Implementation Guideline (암호모듈 구현 지침)
Encryption Modules Implementation Guideline (암호모듈 구현 지침)
If software systems or hardware equipment such as virtual private networks and firewall systems deal with non-confidential yet important information and are to be used in the government, they must pass verification for appropriate encryption modules under the auspices of the National Intelligence Service (NIS). Appropriate encryption standards are developed in Korea, such as ARIA, SEED, LEA, and Hight. The suppliers need to submit the source code of their products to receive the verification test. The same encryption standards also apply to certain network equipment such as VPN and SW USB series.
Coverage Software, network equipment, and other hardware equipment
KOREA
Since July 2001, last amended in July 2018
Since April 2006, last amended in July 2016
Since April 2006, last amended in July 2016
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
Regulations on Supervision of Specialized Credit Finance Business
Electronic Finance Transaction Act (전자금융감독규정)
Electronic Finance Transaction Act (전자금융감독규정)
Under the Regulation on Supervision of Credit-Specialized Financial Business, electronic commerce firms operating on a cross-border basis have been prevented from either selling in KRW or storing domestic consumers’ credit card information unless they have registered in Korea as a Payment Gateway (PG) supplier or use a local PG company service for KRW-denominated transactions. In the absence of a PG registration (which requires firms to develop Korea-specific payment systems and customer interfaces and to have a local presence in Korea), foreign electronic commerce sites can only process dollar-denominated transactions for which customers enter their credit card information anew each time, which puts them at a competitive disadvantage as compared to local merchants. However, the Electronic Finance Supervisory Regulations do not impose the registration requirement for subsidiary electronic financial business entities which include PG services. It imposes such a requirement only on electronic financial business entities.
Coverage Payment gateway services and e-commerce
Sources
- https://www.law.go.kr/%EB%B2%95%EB%A0%B9/%EC%A0%84%EC%9E%90%EA%B8%88%EC%9C%B5%EA%B1%B0%EB%9E%98%EB%B2%95
- https://elaw.klri.re.kr/eng_mobile/viewer.do?hseq=44455&type=part&key=8
- https://ustr.gov/sites/default/files/2022%20National%20Trade%20Estimate%20Report%20on%20Foreign%20Trade%20Barriers.pdf
- https://www.legaltimes.co.kr/news/articleView.html?idxno=51645
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