NICARAGUA
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Local representative requirement to participate in public procurements
It is reported that in order to participate in public procurement processes, it is necessary to register with "nicaraguacompra.gob.ni" as a supplier of the state. In the case of foreign companies, the registration process requires a legal representative domiciled in the country.
Coverage Horizontal
NICARAGUA
Reported in 2022
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Lack of transparency in public tenders
There are complaints about the lack of transparency in public procurement. It is reported that the Government publishes public procurement notices too late to ensure fair competition, that it creates terms of reference and technical specifications that are frequently unclear, and that it includes requirements for financial guarantees and local legal representation that create significant challenges for foreign firms without a local partner.
In particular, it has been reported that the following requirements are not always applied:
- Government purchases must be planned and approved by procurement committees within each public entity and published in Annual Procurement Plans (Art. 20 of the Public Procurement Law);
- A minimum of 30 days from the publication of a bid to the due date for submissions (Art. 36 of the Public Procurement Law).
In particular, it has been reported that the following requirements are not always applied:
- Government purchases must be planned and approved by procurement committees within each public entity and published in Annual Procurement Plans (Art. 20 of the Public Procurement Law);
- A minimum of 30 days from the publication of a bid to the due date for submissions (Art. 36 of the Public Procurement Law).
Coverage Horizontal
NEW ZEALAND
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
New Zealand 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
NEW ZEALAND
Since September 2019, last amended in 2021
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Export restrictions on ICT goods or online services
New Zealand Strategic Goods List
The export of goods in the New Zealand Strategic Goods List is prohibited unless an exporter has approval from the Ministry of Foreign Affairs and Trade. The goods on the list are derived from the control lists produced by the four export control regimes New Zealand belongs to - the Wassenaar Arrangement, the Australia Group, the Nuclear Suppliers Group and the Missile Technology Control Regime. The Strategic Goods List includes technology, software, as well as military and dual-use goods. The list was promulgated in 2019 and was last amended in 2021 including additional goods.
Coverage Strategic goods
Sources
- https://web.archive.org/web/20240509010905/https://www.mfat.govt.nz/assets/Trade-General/Brokering-weapons-AND-Trading-weapons-and-controlled-chemicals/NZ-Strategic-Goods-List-November-2021.pdf
- https://web.archive.org/web/20210129164928/https://www.mfat.govt.nz/assets/Trade-General/Brokering-weapons-AND-Trading-weapons-and-controlled-chemicals/September-2019-NZ-Strategic-Goods-List-reviewed....
NEW ZEALAND
Since March 2022, last amended in August 2023
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Export restrictions on ICT goods or online services
Russia Sanctions Regulations 2022
Under Art. 13.1 of the Russia Sanctions Regulations 2022, New Zealand prohibits the export, either directly or indirectly, to or for the benefit of Russia or Belarus, of assets listed in Schedule 3, which are classified under specific Harmonised System codes. These include various electronic and data processing equipment such as portable automatic data processing machines (e.g., laptops), processors and units for data processing machines (e.g., desktop computers and servers), and other related machines and accessories (e.g., input/output units, storage units, monitors, and printers). The regulation also covers semiconductor devices (e.g., diodes, transistors, integrated circuits) and electronic micro-assemblies used in complex systems.
Coverage Dual-use and technology goods
NEW ZEALAND
Reported in 2021
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Supplier Declaration of Conformity allowed for foreign businesses
Self-certification is permitted for radio transmission, electromagnetic interference (EMI), and electromagnetic compatibility (EMC). Foreign companies are authorised to self-certify compliance with these standards through a Supplier Declaration of Conformity (SDoC). Registration of the equipment with the regulatory authority is not required, nor is testing by an accredited laboratory mandatory. In cases where testing is conducted, the selection of the testing laboratory is at the discretion of the supplier or manufacturer.
It is further noted that suppliers may undertake these procedures; however, for Group 2 ISM equipment and telecommunications terminal equipment (TTE), the testing facility must be accredited by International Accreditation New Zealand (IANZ) or by an accreditation body with a mutual recognition arrangement with IANZ.
For some high-risk products, the government may require approval from a recognised organisation or agency before they can be supplied in the country.
Radiocommunications (Compliance) Notice 2020 describes the different levels of conformity for products, including the level of testing and documentation as well as product labelling requirements. It also describes the requirements for the Declaration of Conformity.
Radiocommunications (Radio Standards) Notice 2020 describes the performance standards required to be met by different classes of radio products. The notice also assigns the level of conformity applied to the products covered by each standard.
Radiocommunications (EMC Standards) Notice 2019 describes the performance standards required to be met by electrical and electronic products (other than licensed radio transmitters covered by the Radio Standards Notice).
New Zealand has a mutual recognition agreement with Australia, which provides some SDoC exemptions. Products supplied in accordance with the Radiocommunications Regulations (Mutual Recognition: Australia) Notice 2008 do not need to have a New Zealand declaration of conformity.
It is further noted that suppliers may undertake these procedures; however, for Group 2 ISM equipment and telecommunications terminal equipment (TTE), the testing facility must be accredited by International Accreditation New Zealand (IANZ) or by an accreditation body with a mutual recognition arrangement with IANZ.
For some high-risk products, the government may require approval from a recognised organisation or agency before they can be supplied in the country.
Radiocommunications (Compliance) Notice 2020 describes the different levels of conformity for products, including the level of testing and documentation as well as product labelling requirements. It also describes the requirements for the Declaration of Conformity.
Radiocommunications (Radio Standards) Notice 2020 describes the performance standards required to be met by different classes of radio products. The notice also assigns the level of conformity applied to the products covered by each standard.
Radiocommunications (EMC Standards) Notice 2019 describes the performance standards required to be met by electrical and electronic products (other than licensed radio transmitters covered by the Radio Standards Notice).
New Zealand has a mutual recognition agreement with Australia, which provides some SDoC exemptions. Products supplied in accordance with the Radiocommunications Regulations (Mutual Recognition: Australia) Notice 2008 do not need to have a New Zealand declaration of conformity.
Coverage Electric, electronic, and radio transmitting products
Sources
- https://web.archive.org/web/20230124213851/https://www.rsm.govt.nz/business-individuals/supplier-compliance/steps/step-4/
- https://web.archive.org/web/20230221213634/https://gazette.govt.nz/notice/id/2008-go7355
- https://web.archive.org/web/20240714094302/https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/G/IT/W17R28.pdf&Open=True
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NEW ZEALAND
Since November 2013
Pillar Technical standards applied to ICT goods and online services |
Indicator Product screening and additional testing requirements
Telecommunications (Interception Capability and Security) Act 2013
Under the Telecommunications (Interception Capability and Security) Act (TICSA), the Government Communications Security Bureau (GSCB) may identify and address, prevent, mitigate, or remove network security risks which may arise. To deploy a 5G network, a company must receive approval from a national security assessment by GSCB. In 2020, the GSBC lifted a policy that prevented Spark from using Huawei's 5G equipment due to "a significant network security risk." New Zealand network operators such as Spark and Vodafone have partnered with Nokia rather than risking a partnership with Huawei since then.
Coverage 5G Networks
NEW ZEALAND
Since June 1996, as amended in December 2019
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Customs and Excise Regulations 1996
Customs and Excise Amendment Regulations (No. 2) 2019
Customs and Excise Amendment Regulations (No. 2) 2019
According to Art. 70 of the Customs and Excise Amendment Regulations (No 2) 2019, as of 1 December 2019, the de minimis threshold, that is, the minimum value of goods below which customs do not charge duties, is NZD 1,000 (approx. USD 600), above the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
Sources
- https://www.legislation.govt.nz/regulation/public/2019/0250/10.0/whole.html
- https://web.archive.org/web/20210217152630/https://www.ird.govt.nz/-/media/project/ir/home/documents/forms-and-guides/ir200---ir299/ad261/ad261---english-version.pdf
- https://web.archive.org/web/20231220024306/https://global-express.org/index.php?id=271&act=101&profile_id=-1&countries%5B%5D=-2&search_terms=&question-filter=&qid_34=1&qid_34_optid=1&qid_35=1&qid_36=1...
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NEW ZEALAND
Since December 2013
Since August 1993, last amended in October 2019
Since August 1993, last amended in October 2019
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Fair Trading Act 1986
Fair Trading Amendment Act 2013
Fair Trading Amendment Act 2013
The Fair Trading Amendment Act 2013 and the Consumer Guarantees Act provide a comprehensive framework for consumer protection that also applies to online transactions. The Fair Trading Act prohibits misleading and deceptive conduct in trade and requires certain disclosures to be made to consumers in some cases. In addition, the Consumer Guarantee Act establishes remedies and protections for consumers against suppliers and manufacturers of goods and services.
Coverage Horizontal
NEW ZEALAND
N/A
Pillar Online sales and transactions |
Indicator Ratification of the 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
New Zealand has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
NEW ZEALAND
Since 2002
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
New Zealand 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
NEW ZEALAND
Since December 1994, as amended in October 2008
Since 2020
Since 2020
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Copyright (New Technologies) Amendment Act 2008
Ortmann, van der Kolk, Batato, Dotcom v. USA and Anor [2020] NZSC 120
Ortmann, van der Kolk, Batato, Dotcom v. USA and Anor [2020] NZSC 120
Under the Copyright (New Technologies) Amendment Act 2008, Internet service providers (ISPs) are not liable simply because a user infringes a copyright (Section 92B). However, ISPs may possibly face liability for copyright infringement as a result of storing infringing material if an ISP has specific knowledge of the infringement or caching if the ISP does not immediately delete or make unavailable the infringement material upon notice (Sections 92C and 92E).
The decision by the Supreme Court of New Zealand in Ortmann, van der Kolk, Batato, Dotcom v. USA and Anor (2020) NZSC 120 extends civil liability into a criminal penalty against ISPs. The decision ruled that Section 131 of the Copyright Act, which sets out criminal offences in relation to copyright works, encompasses online dissemination of digital copies. As a result, it has been opined that Internet service providers are now potentially exposed to criminal sanctions when carrying out their day-to-day activities. New Zealand Law Society states that "ISPs in New Zealand, and overseas ISPs providing services to New Zealanders, will obviously be concerned as to the extent of their potential criminal liability in this country for users infringing copyright online. It is not unrealistic to imagine this could have an impact on the availability of online services for New Zealanders."
An "ISP" under the Copyright Act means an entity which (a) offers the transmission, routing, or providing of connections for digital online communications, between or among points specified by a user, of material of the user’s choosing, or (b) hosts material on websites or other electronic retrieval systems that can be accessed by a user (Section 4).
The decision by the Supreme Court of New Zealand in Ortmann, van der Kolk, Batato, Dotcom v. USA and Anor (2020) NZSC 120 extends civil liability into a criminal penalty against ISPs. The decision ruled that Section 131 of the Copyright Act, which sets out criminal offences in relation to copyright works, encompasses online dissemination of digital copies. As a result, it has been opined that Internet service providers are now potentially exposed to criminal sanctions when carrying out their day-to-day activities. New Zealand Law Society states that "ISPs in New Zealand, and overseas ISPs providing services to New Zealanders, will obviously be concerned as to the extent of their potential criminal liability in this country for users infringing copyright online. It is not unrealistic to imagine this could have an impact on the availability of online services for New Zealanders."
An "ISP" under the Copyright Act means an entity which (a) offers the transmission, routing, or providing of connections for digital online communications, between or among points specified by a user, of material of the user’s choosing, or (b) hosts material on websites or other electronic retrieval systems that can be accessed by a user (Section 4).
Coverage Internet intermediaries
Sources
- https://web.archive.org/web/20231120081241/https://www.legislation.govt.nz/act/public/2008/0027/latest/DLM1122643.html
- https://www.legislation.govt.nz/act/public/1994/0143/latest/DLM345634.html?search=sw_096be8ed819fb8f5_transform_25_se&p=1
- https://web.archive.org/web/20220510022104/https://www.lawsociety.org.nz/news/lawtalk/issue-934/why-you-should-care-about-the-dotcom-proceedings/
- https://web.archive.org/web/20241206161311/https://www.lexology.com/library/detail.aspx?g=233d3b53-2426-47fe-91d2-9f5af630a346
- https://web.archive.org/web/20220226060859/https://www.courtsofnz.govt.nz/assets/cases/2020/2020-NZSC-120.pdf
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NEW ZEALAND
Since June 2015, last amended in March 2022
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Harmful Digital Communications Act 2015
The Harmful Digital Communications Act 2015 establishes a safe harbour regime for intermediaries beyond copyright infringement. Section 24 provides a process that an Internet service provider should take to obtain protection against liability for specific content. However, the lack of the process specified in Section 24 does not itself create any civil or criminal liability for hosting the illegal content (Section 23).
Coverage Internet intermediaries
NEW ZEALAND
Since September 2013, as amended in April 2014
Pillar Cross-border data policies |
Indicator Local storage requirement
Financial Markets Conduct Act 2013
Since its enactment in 2013, Sections 215 and 216 of the Financial Markets Conduct Act 2013 have required issuers of financial products to keep a register of their regulated products in New Zealand. Furthermore, Sections 455 and 456 require reporting entities such as issuers of financial products, registered banks, building societies, and credit unions to keep certain accounting-related records in New Zealand.
Under Section 458 of the Financial Conduct Market Act 2013, accounting records, or copies of them, must be retained by the financial market conduct reporting entity for at least 7 years after the later of (a) the date the records are made and (b) the date of completion of the transaction to which the records relate.
Despite this local storage requirement, the Act allows reporting entities to keep accounting records outside New Zealand if specific documents are kept in New Zealand, such as the financial statements of any reporting entity and registered scheme it manages and any document annexed to those financial statements that gives legally required information (Section 456). The Act does not otherwise prohibit cross-border data transfers.
Under Section 458 of the Financial Conduct Market Act 2013, accounting records, or copies of them, must be retained by the financial market conduct reporting entity for at least 7 years after the later of (a) the date the records are made and (b) the date of completion of the transaction to which the records relate.
Despite this local storage requirement, the Act allows reporting entities to keep accounting records outside New Zealand if specific documents are kept in New Zealand, such as the financial statements of any reporting entity and registered scheme it manages and any document annexed to those financial statements that gives legally required information (Section 456). The Act does not otherwise prohibit cross-border data transfers.
Coverage Financial services
Sources
- https://web.archive.org/web/20221201085325/http://www.legislation.govt.nz/act/public/2013/0069/latest/DLM4090578.html
- https://web.archive.org/web/20241111104852/https://signon.thomsonreuters.com/?comp=pluk&productid=PLCUK&viewproductid=UKPL&lr=0&culture=en-GB&returnto=https%3a%2f%2fuk.practicallaw.thomsonreuters.com%...
NEW ZEALAND
Since September 1993, as amended in April 2014, last amended in November 2022
Since September 2013, as amended in April 2014
Since September 2013, as amended in April 2014
Pillar Cross-border data policies |
Indicator Local storage requirement
Companies Act 1993
Financial Markets Conduct Act 2013
Financial Markets Conduct Act 2013
Since its enactment in 1993 as amended in 1994, Section 189 of the Companies Act 1993 has required registered companies to store specified internal records at the company's registered office (which must be an address in New Zealand) or another place in New Zealand at least for seven years after giving notice to the Registrar of Companies. These records include minutes of all meetings and resolutions of shareholders, minutes of all meetings and resolutions of directors and directors' committees, certificates given by directors under the Act, and copies of all written communications to all shareholders or all holders of the same class of shares.
Furthermore, under the same provision, the following records are subject to a minimum retention period of seven completed accounting periods of the company: copies of all financial statements and group financial statements required to be completed under the Act and accounting records.
Despite this local storage requirement, Section 456 of the Financial Markets Conduct Act allows reporting entities to keep accounting records outside New Zealand if specific documents are kept in New Zealand, such as the financial statements of any reporting entity and registered scheme it manages and any document annexed to those financial statements that gives legally required information. The Act does not otherwise prohibit cross-border data transfers.
Furthermore, under the same provision, the following records are subject to a minimum retention period of seven completed accounting periods of the company: copies of all financial statements and group financial statements required to be completed under the Act and accounting records.
Despite this local storage requirement, Section 456 of the Financial Markets Conduct Act allows reporting entities to keep accounting records outside New Zealand if specific documents are kept in New Zealand, such as the financial statements of any reporting entity and registered scheme it manages and any document annexed to those financial statements that gives legally required information. The Act does not otherwise prohibit cross-border data transfers.
Coverage Horizontal
Sources
- https://web.archive.org/web/20221111025540/http://www.legislation.govt.nz/act/public/1993/0105/latest/DLM319570.html
- https://web.archive.org/web/20170518094948/https://www.legislation.govt.nz/act/public/2013/0069/latest/DLM4702248.html
- https://web.archive.org/web/20241111104852/https://signon.thomsonreuters.com/?comp=pluk&productid=PLCUK&viewproductid=UKPL&lr=0&culture=en-GB&returnto=https%3a%2f%2fuk.practicallaw.thomsonreuters.com%...
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