PARAGUAY
N/A
Pillar Telecom infrastructure & competition |
Indicator Maximum foreign equity share for investment in the telecommunication sector
Foreign ownership restriction in state-owned enterprise
It is reported that the telecommunications sector is open to competition, except for fixed lines and international carrier services, which remain under State monopoly with the "Compañía Paraguaya de Comunicaciones". This is despite full foreign ownership being allowed in the telecommunications sector. In December 2001, as part of the process of “Reorganization of decentralized Public Entities, of reform and modernization of Central Administration Organizations”, provided for by Law 1615/2000, the National Telecommunications Administration (ANTELCO) changed its name to Compañía Paraguaya de Comunicaciones Sociedad Anónima (Copaco S. A.) becoming a 100% state-owned company.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20150914193713/http://www.alfainternational.com/filebin/images/attorneys/Paraguay_Doing_Business_In.pdf
- https://web.archive.org/web/20230329001658/https://www.bacn.gov.py/leyes-paraguayas/2452/ley-n-642-telecomunicaciones
- https://www.jica.go.jp/Resource/paraguay/espanol/activities/c8h0vm0000ccs175-att/activity21_20.pdf
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PARAGUAY
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
"Compañía Paraguaya de Comunicaciones" is the leading fixed telephony operator and is fully state-owned. It is reported that in December 2001, as part of the process of “Reorganization of decentralized Public Entities, of reform and modernization of Central Administration Organizations”, provided for by Law 1615/2000, the National Telecommunications Administration (ANTELCO) changed its name to Compañía Paraguaya de Comunicaciones Sociedad Anónima (Copaco S. A.) becoming a 100% state-owned company.
Coverage Telecommunications sector
PARAGUAY
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional and accounting separation for dominant network operators
It is reported that Paraguay does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
PARAGUAY
Since December 1995, last amended in March 2011
Since July 1996
Since July 1996
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
Law No. 642 of Telecommunications (Ley No. 642 de Telecomunicaciones)
Decree No. 14135 which regulates the Telecommunications Law (Decreto No. 14135 que reglamenta la Ley de Telecomunicaciones)
Decree No. 14135 which regulates the Telecommunications Law (Decreto No. 14135 que reglamenta la Ley de Telecomunicaciones)
Law No. 642 regulates the concession, license or authorisation to provide telecommunication services. These will be subject to the payment of a fee, which must be verified within 60 days of obtaining them or renewing them only once in each period. For renewals, the fee payment will be determined on the basis of extensions or new investments. According to Art. 70 of the law, the commercial exploitation of the services will be subject to the payment of an annual fee of up to 1% of the gross income of the provider. In addition, according to Art. 64 of Decree No. 14,135, any foreign company that wants to provide telecommunication service in the country shall be domiciled or establish a representative office in Paraguay.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20210922014324/https://www.bacn.gov.py/leyes-paraguayas/2452/ley-n-642-telecomunicaciones
- https://web.archive.org/web/20230601124632/https://www.kas.de/c/document_library/get_file?uuid=74ec1370-9cb7-5a31-035a-bfe0d831418f&groupId=252038
- https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S009-DP.aspx?language=E&CatalogueIdList=240507
- https://www.wto.org/english/tratop_e/tpr_e/s360_e.pdf
- https://web.archive.org/web/20240620185705/https://www.oas.org/juridico/PDFs/mesicic1_arg_res60.pdf
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PARAGUAY
N/A
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Paraguay has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
PARAGUAY
Since December 1995, last amended in March 2011
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Law No. 642 of Telecommunications (Ley No. 642 de Telecomunicaciones)
According to Law No. 642 of Telecommunications, the National Telecommunications Commission (CONATEL), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
PARAGUAY
Signed in April 2021, entry into force in August 2023
Signed in December 2021, entry into force in February 2024
Signed in December 2021, entry into force in February 2024
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Mercosur Agreement on E-Commerce
Chile - Paraguay Free Trade Agreement
Chile - Paraguay Free Trade Agreement
Paraguay has joined agreements with binding commitments to open transfers of data across borders. According to the Art. 7.2 of the Mercosur Agreement on E-Commerce signed by Paraguay, each Party shall permit the cross-border transfer of information when the purpose of such transfer is to realise the commercial activities of a person of a Party. According to the Art. 7.11 of the Free Trade Agreement between Chile and Paraguay, each Party shall permit the cross-border transfer of information by electronic means, where such activity is for the conduct of the business of a person of a Party.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240713184029/https://www.mercosur.int/documento/acuerdo-sobre-comercio-electronico-del-mercosur/
- https://web.archive.org/web/20250106220251/https://www.mre.gov.py/index.php/acuerdo-comercial-entre-chile-y-paraguay
- https://web.archive.org/web/20250106214922/https://www.mre.gov.py/index.php/noticias-de-embajadas-y-consulados/depositan-instrumentos-de-ratificacion-de-acuerdos-sobre-comercio-electronico-y-de-recono...
- https://web.archive.org/web/20241213123802/https://www.unilu.ch/fileadmin/fakultaeten/rf/burri/TAPED/TAPED_Burri_Vasquez_Kugler_November_2024.xlsx
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PARAGUAY
N/A
Pillar Domestic data policies |
Indicator Framework for data protection
Lack of comprehensive data protection law
Paraguay lacks a comprehensive data protection framework, although a legislative proposal is currently underway. Law No. 6534 on the Protection of Personal Credit Data (Ley No. 6534 de Protección de Datos Personales Crediticios) provides the protection of anyone's credit data, regardless of their nationality, residence or place of residence, regulating the activities of collecting and obtaining credit information data, as well as the composition, organisation, operation, rights, obligations and termination of legal persons involved in obtaining and providing credit information, so as to safeguard basic rights, privacy, information self-determination, freedom, security and fair treatment.
Coverage Horizontal
PARAGUAY
N/A
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Foreign ownership restriction in state-owned enterprise
It is reported that the telecommunications sector is open to competition, except for fixed lines and international carrier services, which remain under State monopoly with the "Compañía Paraguaya de Comunicaciones". This is despite full foreign ownership being allowed in the telecommunications sector.
Coverage Telecommunications sector
PARAGUAY
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Lack of participation in the Patent Cooperation Treaty (PCT)
Paraguay is not a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
PARAGUAY
Since October 1998
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Law No. 1328, on Copyrights and Related Rights (Ley No. 1328, de Derecho de Autor y Derechos Conexos)
Paraguay has a copyright regime under the Law No. 1328. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 38-46 list exceptions, including reproduction by reprographic means for teaching or examination purposes in educational institutions and reproduction of a work for judicial or administrative proceedings, provided such reproduction is justified by the intended purpose, among others.
Coverage Horizontal
PARAGUAY
Reported in 2021, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
Copyright is not adequately enforced online in Paraguay. The country reportedly failed to apply sufficient sanctions to deter future acts of infringement or to ensure that government institutions use properly licensed software.
Coverage Horizontal
PARAGUAY
Since March 2002
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Paraguay has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
PARAGUAY
Since May 2002
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonogram Treaty
Paraguay has ratified the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty.
Coverage Horizontal
PARAGUAY
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
2.77%
Coverage rate of zero-tariffs on ICT goods (%)
47.1%
Coverage: ICT 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
