Database

Browse Database

TAJIKISTAN

N/A

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Tajikistan does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal

TAJIKISTAN

Since 2014

Pillar Technical standards applied to ICT goods, products and online services  |  Sub-pillar Self-certification for product safety
Third party-certification from CABs from a number of countries with MRA accepted
It is reported that Tajik laws and standards impose mandatory requirements for certification of safety, consumer health, environmental protection and reduction of the potential for damage to consumer property for certain products and services. Products requiring such certification include electronic and radio equipment (to test for electrical and magnetic compatibility and safety).
It is reported that, since 2014, Tajikistan recognizes third-party conformity assessments carried out overseas, by reciprocity. They are mainly from the Commonwealth of Independent States countries with which Tajikistan has signed mutual recognition agreements, and with Uzbekistan under a bilateral agreement. However, it is reported that in practice third-party conformity assessments are not always accepted.
Coverage Electronic products

TAJIKISTAN

Reported in 2023

Pillar Technical standards applied to ICT goods, products and online services  |  Sub-pillar Open and transparent standard-setting process
Lack of a transparent standards regime
It is reported that TajikStandard, the government agency responsible for certifying goods and services and supervising compliance with state standards, lacks experts and appropriate equipment. TajikStandard does not publish its fees for licenses and certificates, or its regulatory requirements.
Coverage Horizontal

TAJIKISTAN

Reported in 2022

Pillar Content access  |  Sub-pillar Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "6.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 1 in Tajikistan. This corresponds to "The government shut down domestic access to the Internet numerous times this year."
Coverage Horizontal

TAJIKISTAN

Reported in 2021

Pillar Content access  |  Sub-pillar Blocking or filtering of commercial web content
Blocking of commercial web content
The teleconferencing software Zoom is reported to have stopped working in January 2021. In the same month but a week earlier, Gmail, Instagram and Facebook became unavailable for two days. A number of VPN services also stopped working in the same period.
Coverage Zoom, Gmail, Instagram and Facebook and VPN services

TAJIKISTAN

Reported in 2023

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Identity requirements to purchase a SIM card
It is reported that Tajikistan requires mandatory SIM registration. In addition, it is reported that Tajikistan collects fingerprints from SIM card users.
Coverage Horizontal

TAJIKISTAN

N/A

Pillar Intermediary liability  |  Sub-pillar Safe harbor for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
A basic legal framework on intermediary liability beyond copyright infringement is absent in Tajikistan's law and jurisprudence.
Coverage Internet intermediaries

TAJIKISTAN

Since May 2002, as amended in December 2013

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Law on Electric Communication - Act No. 56 (ҚОНУНИ ҶУМҲУРИИ ТОҶИКИСТОН ДАР БОРАИ АЛОҚАИ БАРҚӢ)
According to Art. 21 of the Law on Electric Communication, users are obliged to comply with the rules established for the use of electric communication services and, when concluding a contract, to present documents confirming the identity of a natural person or the constituent documents of a legal entity. Furthermore, pursuant to Art. 20, operators and providers of electric communications services are obliged to conclude contracts directly with natural or legal persons on the basis of identity documents for natural persons or constituent documents for legal persons. It should be noted that according to Art. 2, a natural person must present a passport (registration certificate for stateless persons) and a state registration certificate for legal persons. Services of electric communication is defined as product of activities of the operator and provider for acceptance, transfer, processing of signals and other types of information through networks of electric communication.
Coverage Electric communications services

TAJIKISTAN

N/A

Pillar Intermediary liability  |  Sub-pillar Safe harbor for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Tajikistan's law and jurisprudence.
Coverage Internet intermediaries

TAJIKISTAN

Since August 2018

Pillar Domestic Data policies  |  Sub-pillar Framework for data protection
Data Protection Law - Act No. 1537 (ҚОНУНИ ҶУМҲУРИИ ТОҶИКИСТОН ДАР БОРАИ ҲИФЗИ МАЪЛУМОТИ ШАХСӢ)
Act No. 1537 provides a comprehensive regime of data protection in Tajikistan.
Coverage Horizontal

TAJIKISTAN

Since August 2018

Pillar Cross-border data policies  |  Sub-pillar Conditional flow regime
Data Protection Law - Act No. 1537 (ҚОНУНИ ҶУМҲУРИИ ТОҶИКИСТОН ДАР БОРАИ ҲИФЗИ МАЪЛУМОТИ ШАХСӢ)
According to Art. 18.2 of the Personal Data Act, international transfers of data are permitted to countries that provide adequate protection for personal data. However, the law does not provide a definition or description of what constitutes 'adequate protection'. Moreover, cross-border transfers to countries that do not provide adequate protection are possible in the following cases: with the consent of the data subject; where provided by international treaties binding on Tajikistan; for the protection of the rights and freedoms of persons and citizens, if it is impossible to obtain consent; and where provided by law, if it is necessary for the protection of constitutional order, public order, the rights and freedoms of persons and citizens, the health and integrity of citizens, and state security.
Coverage Horizontal

TAJIKISTAN

N/A

Pillar Cross-border data policies  |  Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Tajikistan has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal

TAJIKISTAN

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Presence of independent telecom authority
Lack of an independent telecom authority
Tajikistan has a telecommunications authority: Communication Service under the Government of the Republic of Tajikistan. According to Art. 1 of Decree 1026, which established the authority, it is not independent from the government.
Coverage Telecommunications sector

TAJIKISTAN

Since April 2013

Pillar Telecom infrastructure and competition  |  Sub-pillar Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Tajikistan has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

TAJIKISTAN

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional and accounting separation for dominant network operators
Tajikistan does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector