MYANMAR
Since March 1989
Pillar Telecom infrastructure & competition |
Indicator Maximum foreign equity share for investment in the telecommunication sector
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
Sources
- https://web.archive.org/web/20210320020111/https://www.burmalibrary.org/sites/burmalibrary.org/files/obl/docs15/1989-SLORC_Law1989-09-State-Owned_Enterprise_Act-en.pdf
- https://web.archive.org/web/20230331045937/https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S405R1.pdf&Open=True
- https://web.archive.org/web/20230926035410/https://www.state.gov/reports/2023-investment-climate-statements/burma/
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MYANMAR
Reported in 2021, last reported in 2023
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
It is reported that the military directly controls two of Myanmar's four telecommunications service providers, including military-owned Myteland and Myanmar Posts and Telecommunications (MPT), originally state-owned and the country's main telecommunications operator. The other two service providers, ATOM (formerly Telenor) and Ooredoo, were run by independent foreign companies prior to the coup but are now owned by companies linked to the military.
Coverage Telecommunications sector
MYANMAR
Since March 2022
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Directive on public procurement, and on the disposal and lease of state-owned assets - Directive 1/2022 of the Office of the State Administration Council (အစိုးရ၏ ဝယ်ယူခြင်း၊ နိုင်ငံပိုင်ပစ္စည်းများ ထုခွဲခြင်းနှင့် ငှားရမ်းခြင်း လုပ်ငန်းများ ဆောင်ရွက်ရာတွင် လိုက်နာရမည့် ညွှန်ကြားချက် - နိုင်ငံတော်စီမံအုပ်ချုပ်ရေးကောင်စီရုံး၏ ညွှန်ကြားချက်အမှတ် (၁/၂၀၂၂))
According to Paragraph 5 of Directive 1/2022, the submission of tenders is open to all, except in the specific cases detailed in Paragraphs 4, 6, 7, and 8. Moreover, Paragraph 13 provides that procurement from international sources may be conducted in instances where the required goods are unavailable within the domestic market or where no authorised dealer has been designated by the manufacturer to distribute the foreign product locally.
Coverage Horizontal
MYANMAR
Since April 2017
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Directive of the President’s Office No. 1/2017 on Tender and Procurement Procedures
Pursuant to Directive No. 1/2017, the establishment of a commercial presence is mandated for the provision of services related to government procurement. As part of the qualification process, applicants are required to submit evidence demonstrating that they are registered companies in Myanmar and have fulfilled their relevant tax obligations.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220808070604/https://www.lincolnmyanmar.com/wp-content/uploads/2019/04/Tender-procedure-Presidents-Office-1-2017_NoCopy.pdf
- https://web.archive.org/web/20210314045821/https://www.drdmyanmar.org/documents/1-2017%20(10.4.2017).pdf
- https://itip-services-worldbank.wto.org/DetailView.aspx?id=3301248&id2=&id3=&sPath=0000000000000000000000000000000000000&mzMode=Modes1
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MYANMAR
Since April 2017
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Directive of the President’s Office No. 1/2017 on Tender and Procurement Procedures
Art. 28 of the Presidential Directive No. 1/2017 mandates that the Tender Acceptance and Evaluation Committee shall evaluate each of the technical proposals for public procurement in accordance with some standards, including the inclusion of local experts among the senior experts for the tasks to be assigned.
Coverage Horizontal
MYANMAR
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the 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 |
Indicator 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
Sources
- https://web.archive.org/web/20210320020111/https://www.burmalibrary.org/sites/burmalibrary.org/files/obl/docs15/1989-SLORC_Law1989-09-State-Owned_Enterprise_Act-en.pdf
- https://web.archive.org/web/20230331045937/https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S405R1.pdf&Open=True
- https://web.archive.org/web/20230926035410/https://www.state.gov/reports/2023-investment-climate-statements/burma/
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MYANMAR
Since April 2017
Since March 2017
Since March 2017
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator 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
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."
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
MYANMAR
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)
1%
Coverage rate of zero-tariffs on ICT goods (%)
37.5%
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
MYANMAR
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of Participation in Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Myanmar is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
Sources
- 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
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MOZAMBIQUE
Reported in 2022, last reported in 2024
Pillar Online sales and transactions |
Indicator 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 USD 30, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
MOZAMBIQUE
Since January 2017
Pillar Online sales and transactions |
Indicator Restrictions on domain names
Law No. 3/2017 of 09 January - Electronic Transactions Law (Lei de Transacções Electrónicas Lei Nº 03/2017)
According to Art. 6 of the Electronic Transactions Law, a local presence in Mozambique is required to acquire a local domain name (".mz").
Coverage Horizontal
Sources
- https://web.archive.org/web/20190326224508/https://www.inage.gov.mz/wp-content/uploads/2018/05/LEI-DE-TRANSACC%C3%95ES-ELECTR%C3%93NICAS.pdf
- https://web.archive.org/web/20231207194316/https://www.dataguidance.com/sites/default/files/electronic_transactions_law.pdf
- https://web.archive.org/web/20231211062747/https://web-solutions.eu/co-mz-domain-name-registration.htm
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MOZAMBIQUE
Since September 2009
Since January 2017
Since January 2017
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Law No. 22/2009 on Consumer Protection (Lei No. 22/2009)
Law No. 3/2017 of 9 January - Electronic Transactions Law (Lei de Transacções Electrónicas Lei Nº 03/2017)
Law No. 3/2017 of 9 January - Electronic Transactions Law (Lei de Transacções Electrónicas Lei Nº 03/2017)
The Consumer Protection Law, supplemented by the Consumer Protection Regulation promulgated by Decree No. 22/2016 and the Electronic Transactions Law (Arts. 43-46), provides a comprehensive consumer protection framework that applies to online transactions.
Coverage Horizontal
Sources
- https://web.archive.org/web/20241115110205/https://faolex.fao.org/docs/pdf/moz208736.pdf
- https://web.archive.org/web/20241206194511/https://www.tta-advogados.com/xms/files/Arquivo/2022-08/2016/Newsletters/Regulations_of_the_Consumer_Defence_Law.pdf
- https://web.archive.org/web/20190326224508/https://www.inage.gov.mz/wp-content/uploads/2018/05/LEI-DE-TRANSACC%C3%95ES-ELECTR%C3%93NICAS.pdf
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MOZAMBIQUE
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
Mozambique has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
MOZAMBIQUE
Since 2017
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Mozambique 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
