CANADA
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC752, 754, 84)
Lack of coverage of CPC 754 and CPC 752 in the WTO Government Procurement Agreement (GPA)
Although Canada is a signatory to the WTO Government Procurement Agreement (GPA), its coverage schedules do not include "telecommunications-related services" (CPC 754), and only one sub-sector of "telecommunications services" (CPC 752), which are both important services sectors for digital trade.
Coverage Telecommunications and telecom-related services
CANADA
Since July 2017, last amended in December 2019
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Canadian Free Trade Agreement
The Canadian Free Trade Agreement (CFTA) is an intergovernmental trade agreement signed by Canadian ministers representing the federal government and all 13 provinces and territories. The Agreement commits provincial, territorial and federal governments to a comprehensive set of rules. The Government Procurement Chapter allows a procuring entity to accord a preference for Canadian value-added, except as otherwise required to comply with international obligations, including the WTO Government Procurement Agreement (GPA), and provided that its purpose is not to avoid competition or to discriminate against any other Party's goods, services, or suppliers (Art. 503.4(a)). The preference for Canadian value-added is up to 10%, that may be awarded during the evaluation of tenders for Canadian value-added (Art. 520).
Coverage Horizontal
Sources
- https://www.cfta-alec.ca/wp-content/uploads/2023/01/CFTA-Consolidated-Version-January-31-2023.pdf
- https://www.canada.ca/en/intergovernmental-affairs/services/internal-trade/canadian-free-trade-agreement.html
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S389R1.pdf&Open=True
- https://sim.oecd.org/Simulator.ashx?lang=En&ds=STRI&d1c=cs&d2c=can
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CANADA
Since August 2021
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Procurement Strategy for Indigenous Business
In August 2021, the Government of Canada announced that it will be implementing a mandatory requirement for federal departments and agencies to ensure a minimum of 5% of the total value of its contracts are held by Indigenous businesses. To support this mandatory target, Indigenous Services Canada (ISC) announced that it will invest CAD 35.2 million (Approx. USD 26.6 million) over five years to modernize the Procurement Strategy for Aboriginal Business (PSAB, renamed the Procurement Strategy for Indigenous Business (PSIB)), including expanding the scope of the mandatory set-asides and broadening the definition of eligible “Indigenous business”.
Coverage Horizontal
Sources
- https://www.canada.ca/en/public-services-procurement/news/2021/08/government-of-canada-announces-federal-wide-measures-to-increase-opportunities-for-indigenous-businesses.html
- https://opo-boa.gc.ca/pmr-psp-eng.html
- https://www.fasken.com/en/knowledge/doing-business-canada/2021/10/19-procurement
- https://www.fasken.com/en/knowledge/2022/09/the-federal-procurement-strategy-for-indigenous-business-struggles-to-get-off-the-ground
- https://buyandsell.gc.ca/policy-and-guidelines/supply-manual
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CANADA
Since March 2014, extended in May 2018, until May 2023
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Antidumping, countervailing duties, and safeguard measures on ICT goods
Antidumping measure
In March 2014, the Canada Border Services Agency (CBSA), pursuant to subsection 38(1) of the Special Import Measures Act (SIMA), imposed a definitive anti-dumping duty on liquid dielectric transformers having a top power handling capacity equal to or exceeding 60,000 kilovolt amperes (60 megavolt amperes), whether assembled or unassembled, complete or incomplete (HS Code: 850490), originating in or exported from the Republic of Korea. While these products are not directly used to manufacture ICT goods, they are relevant for digital trade as they are used in data centers and telecommunications facilities where servers and digital equipment are housed, playing an important role in ensuring a stable and secure power supply for digital equipment. This measure was reviewed and extended in May 2018. The anti-dumping duty rate on imports from South Korea is 101% of the export price. In February 2023, the Canadian authorities announced the initiation of a sunset review of the definitive duty imposed on imports of the subject good from South Korea, however, the final decision is still pending.
Coverage Product: liquid dielectric transformers (HS Code: 850490)
Country: South Korea
Country: South Korea
Sources
- https://www.globaltradealert.org/intervention/16340/anti-dumping/canada-antidumping-duties-on-transformers-from-korea
- https://www.pcb.ca/post/canadas-trade-protectionism-tools-anti-dumping-and-countervailing-duties-8169#:~:text=What%20Is%20Anti%2DDumping%20Duty,into%20Canada%20at%20unprofitable%20prices.
- https://www.cbsa-asfc.gc.ca/sima-lmsi/mif-mev/tr-eng.html
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CANADA
Since December 2021, until December 2026
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Antidumping, countervailing duties, and safeguard measures on ICT goods
Antidumping measure
In December 2021, the Canada Border Services Agency (CBSA), pursuant to subsection 38(1) of the Special Import Measures Act (SIMA), imposed a definitive anti-dumping duty on liquid dielectric transformers having a top power handling capacity equal to or greater than 3,000-kilovolt amperes (kVA) (3 megavolt amperes (MVA)), and less than 60,000-kilovolt amperes (kVA) (60 megavolt amperes (MVA)), and having a nominal high voltage rating of greater than 34.5 kilovolts (kV), whether assembled or unassembled, complete or incomplete (HS Code: 850490), originating in or exported from the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei), and the Republic of Korea. While these products are not directly used to manufacture ICT goods, they are relevant for digital trade as they are used in data centers and telecommunications facilities where servers and digital equipment are housed, playing an important role in ensuring a stable and secure power supply for digital equipment. The anti-dumping duty rate on imports from South Korea is 73.1% and the anti-dumping duty rate on imports from Taiwan is 21.3% of the export price.
Coverage Product: liquid dielectric transformers (HS Code: 850490)
Countries: South Korea, Taiwan
Countries: South Korea, Taiwan
Sources
CANADA
Since July 2017, last amended in December 2019
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Canadian Free Trade Agreement
The Canadian Free Trade Agreement (CFTA) is an intergovernmental trade agreement signed by Canadian ministers representing the federal government and all 13 provinces and territories. The Agreement commits provincial, territorial and federal governments to a comprehensive set of rules. The Government Procurement Chapter allows a procuring entity from limiting its tendering to Canadian goods, services, or suppliers, except as otherwise required to comply with international obligations, including the WTO Government Procurement Agreement (GPA), and provided that its purpose is not to avoid competition or to discriminate against any other Party's goods, services, or suppliers (Art. 503.4(b)).
Coverage Horizontal
Sources
- https://www.cfta-alec.ca/wp-content/uploads/2023/01/CFTA-Consolidated-Version-January-31-2023.pdf
- https://www.canada.ca/en/intergovernmental-affairs/services/internal-trade/canadian-free-trade-agreement.html
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S389R1.pdf&Open=True
- https://sim.oecd.org/Simulator.ashx?lang=En&ds=STRI&d1c=cs&d2c=can
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CANADA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.52%
Coverage rate of zero-tariffs on ICT goods (%)
91.73%
Coverage: Digital goods
CANADA
Since March 1997
Since December 2015
Since December 2015
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Information Technology Agreement (ITA)
ITA Expansion Agreement (ITA II)
ITA Expansion Agreement (ITA II)
Canada is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 and its 2015 expansion (ITA II).
Coverage ICT goods
PANAMA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Panama 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
PANAMA
Since October 2007
Since May 2019
Since May 2019
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Law No. 45, which Establishes Regulation on Consumer Protection, Defense of Competition and Other Provisions (Ley No. 45 Que Establece Normas Sobre Protección al Consumidor, Defensa de la Competencia y Otras Disposiciones)
Executive Decree No. 24 by which the Law No. 51 "Of E-commerce and Technological Storage of Documents" is regulated (Decreto Ejecutivo No. 24 por el cual se reglamenta la Ley No. 51 en materia de comercio electrónico y almacenamiento tecnológico de documentos )
Executive Decree No. 24 by which the Law No. 51 "Of E-commerce and Technological Storage of Documents" is regulated (Decreto Ejecutivo No. 24 por el cual se reglamenta la Ley No. 51 en materia de comercio electrónico y almacenamiento tecnológico de documentos )
Law No. 45 and Executive Decree No. 24 provide a comprehensive framework for consumer protection that also applies to online transactions. Law No. 45 regulates consumer relations and specifies consumer rights, including the responsibilities of suppliers to the consumer. The Executive Decree No. 24 also provides provisions applicable to the technological storage services and commercial services through the Internet.
Coverage E-commerce sector
PANAMA
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the 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
Panama has signed but not ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
PANAMA
Since 2001
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Panama 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
PANAMA
Reported in 2021
Pillar Online sales and transactions |
Sub-pillar 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 100, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
PANAMA
Since April 1996
Since July 1997
Since November 2014
Since July 1997
Since November 2014
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Self-certification for product safety
Executive Decree No. 73
Law 23 of July 15, 1997
ASEP Resolution 8105, 2014
Law 23 of July 15, 1997
ASEP Resolution 8105, 2014
According to the Art. 290 of the Executive Decree No. 73, all the equipment that is connected to the public network or used to carry out radioelectric emissions shall be approved for its commercialization, use and operation. The requirements are established by the Regulatory Entity in order to ensure adequate compliance with the technical specifications.
According to the Art. 93 of Law 23 of July 15, 1997, the General Direction of Standards and Industrial Technology (DGNTI) is the organization responsible for technical standardization and conformity assessment. According to the DGNTI, the document that approves a certificate of conformity shall be issued either by a certification body duly accredited under ISO/IEC 17065 or by an accreditation body with international recognition under the Multilateral Recognition Agreements of the International Accreditation Forum (IAF).
It is reported that products that use radio frequency technology require ASEP (Autoridad Nacional de los Servicios Públicos)-type approval and certification to import and commercialize in Panama and that no testing is required. However, a homologation process is necessary in order to obtain ASEP approval. Technical documents will be reviewed and validated in the approval process. The following products are signaled as requiring ASEP approval: transceivers, personal trackers, wireless microphones, mobile phones, Radio Frequency Identification equipment, radio alarms.
According to the Art. 93 of Law 23 of July 15, 1997, the General Direction of Standards and Industrial Technology (DGNTI) is the organization responsible for technical standardization and conformity assessment. According to the DGNTI, the document that approves a certificate of conformity shall be issued either by a certification body duly accredited under ISO/IEC 17065 or by an accreditation body with international recognition under the Multilateral Recognition Agreements of the International Accreditation Forum (IAF).
It is reported that products that use radio frequency technology require ASEP (Autoridad Nacional de los Servicios Públicos)-type approval and certification to import and commercialize in Panama and that no testing is required. However, a homologation process is necessary in order to obtain ASEP approval. Technical documents will be reviewed and validated in the approval process. The following products are signaled as requiring ASEP approval: transceivers, personal trackers, wireless microphones, mobile phones, Radio Frequency Identification equipment, radio alarms.
Coverage Telecommunications equipment, mobile phones
Sources
- https://www.asep.gob.pa/wp-content/uploads/transparencia/articulo_9/9_2-politicas_institucionales/marco_legal/telecomunicaciones/leyes_sectoriales/ejecutivo_73.pdf
- https://acodeco.gob.pa/inicio/ley-23-de-15-de-julio-de-1997/
- https://www.larcg.com/where-we-work/panama/
- https://www.asep.gob.pa/?p=119565
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=s:/G/IT/W17R28.pdf&Open=True
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PANAMA
Since September 2009
Pillar Intermediary liability |
Sub-pillar User identity requirement
Law No. 51 Which establishes rules for the conservation, protection and provision of data of users of telecommunication services and adopts other provisions (Ley No. 51 Que dicta normas para la conservación, la protección y el suministro de datos de usuarios de los servicios de telecomunicaciones y adopta otras disposiciones)
Art. 4 of Law No. 51 establishes that mobile telephone operators, their subsidiaries and authorized agents that commercialize services with activity systems through the prepaid card modality must keep a record of the identity or general information provided by their customers who acquire a telephone unit or smart card (SIM) with such payment modality.
Coverage Telecommunications sector