UGANDA
Since April 2022
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Uganda has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
UGANDA
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)
6.24%
Coverage rate of zero-tariffs on ICT goods (%)
49.35%
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
UGANDA
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 the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Uganda 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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UGANDA
Since December 2002, last amended in December 2023
Since December 2023
Since December 2023
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Public Procurement and Disposal of Public Assets Act, 2003
The Public Procurement and Disposal of Public Assets (Procurement of Consultancy Services) Regulations, 2023
The Public Procurement and Disposal of Public Assets (Procurement of Consultancy Services) Regulations, 2023
Under the Public Procurement and Disposal of Public Assets Act, 2003 of Uganda, open international bidding is a procurement method designed to ensure broad and competitive participation, including from foreign providers. According to Art. 2 and Art. 81, this method may be employed in place of open domestic bidding when effective competition cannot be achieved without the involvement of foreign bidders or when their participation is likely to enhance value for money.
Furthermore, under Art. 16 of the Public Procurement and Disposal of Public Assets (Procurement of Consultancy Services) Regulations, 2023, open international bidding may be used instead of open domestic bidding where competition may not be effective without foreign consultants or consulting firms or where involvement of foreign consultants or consulting firms in the bidding process may increase value for money.
Furthermore, under Art. 16 of the Public Procurement and Disposal of Public Assets (Procurement of Consultancy Services) Regulations, 2023, open international bidding may be used instead of open domestic bidding where competition may not be effective without foreign consultants or consulting firms or where involvement of foreign consultants or consulting firms in the bidding process may increase value for money.
Coverage Horizontal
Sources
- https://ulii.org/akn/ug/act/2003/1/eng@2015-10-01#att_5__sec_2
- https://ulii.org/akn/ug/act/si/2023/96/eng@2023-12-08
- https://www.ppda.go.ug/download/ppda_regulations/ppda_regulations/THE-PUBLIC-PROCUREMENT-AND-DISPOSAL-OF-PUBLIC-ASSETS-PROCUREMENT-OF-CONSULTANCY-SERVICES-REGULATIONS-2023.pdf
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UGANDA
Since December 2002, as amended in July 2011, last amended in December 2023
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Public Procurement and Disposal of Public Assets Act, 2003
Section 50.2 of the Public Procurement and Disposal of Public Assets Act provides that specified public procurement contracts or parts of an agreement shall be subject to reservation schemes. The Procurement and Disposal of Public Assets Authorit must specify the public procurement contracts to be subject to a reservation scheme and designate the particular sectors within a specified geographical area that are eligible to participate in the reservation scheme (Section 59B).
Coverage Horizontal
TURKMENISTAN
N/A
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
Turkmenistan lacks a comprehensive framework for consumer protection that applies to online transactions.
Coverage Horizontal
TURKMENISTAN
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
Turkmenistan has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
TURKMENISTAN
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Turkmenistan has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
TURKMENISTAN
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Turkmenistan 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
TURKMENISTAN
Reported in 2022, last reported in 2023
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Import restrictions
It is reported that slow and bureaucratic customs procedures inhibit the efficient movement of goods and trade. Turkmenistan often requires that export and import contracts be registered at the State Commodity and Raw Materials Exchange (SCRME), the only exchange in the country. Contract registration at the commodities exchange is a cumbersome process involving approval from various agencies and ministries. The contract registration procedure at SCRME includes a justification of prices, and the contract’s feasibility is scrutinised by the Supreme Chamber of Control. The procedure applies not only to contracts signed at SCRME but also to contracts signed between third parties. All import contracts must be registered before goods are delivered to Turkmenistan.
Coverage Horizontal
TURKMENISTAN
Reported in 2022, last reported in 2023
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Export restrictions on ICT goods or online services
Export restriction
It is reported that the President and the Cabinet of Ministers must approve the export of scientific research, technology and inventions.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230321140906/https://www.trade.gov/country-commercial-guides/turkmenistan-prohibited-and-restricted-imports
- https://web.archive.org/web/20220520011925/https://cis-legislation.com/document.fwx?rgn=31276
- https://web.archive.org/web/20230327095109/https://bp.gov.tm/laws/50/show
- https://web.archive.org/web/20240226075652/https://customs.gov.tm/en/export-import/faq
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TURKMENISTAN
Since March 2010, last amended in November 2021
Since December 2013, last amended in June 2018
Since December 2013, last amended in June 2018
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Law of Turkmenistan No. 93-IV about Communication (Türkmenistanyň Kanuny Aragatnaşyk hakynda - No. 93-IV)
Law of Turkmenistan No. 459-IV About certification (Türkmenistanyň Kanuny No. 459-IV Sertifikatlaşdyrmak hakynda)
Law of Turkmenistan No. 459-IV About certification (Türkmenistanyň Kanuny No. 459-IV Sertifikatlaşdyrmak hakynda)
Art. 30 of Law No. 93-IV provides that all technical means of communication used in the telecommunications or communication systems of Turkmenistan, including end devices, are subject to certification for compliance with state standards, technical conditions and other norms in accordance with the legislation of Turkmenistan. Art. 16 of Law No. 459-IV states that a certificate of conformity is issued when the product's compliance with the established requirements is confirmed by an authorised agency or other government agency, and based on it, the product manufacturer, developer, executor, seller, shipper has the right to use the state conformity mark. In addition, Art. 18 of the same law establishes that documents confirming the quality and safety of the product received outside the territory of Turkmenistan are recognised in accordance with the international agreements of Turkmenistan. In the absence of an international agreement, documents confirming the quality and safety of the product are recognised in accordance with the procedure established by the competent authority.
Coverage Telecom equipment
Sources
- https://web.archive.org/web/20230327102100/https://bp.gov.tm/laws/107/show
- https://web.archive.org/web/20240415121737/https://tds.gov.tm/en/17-about-certification
- https://ib-lenhardt.com/type-approval/turkmenistan
- https://web.archive.org/web/20240415124650/https://tds.gov.tm/en/3-the-international-cooperation
- https://web.archive.org/web/20240415122800/https://www.tds.gov.tm/en/16-about-standardization
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TURKMENISTAN
Since December 2014, last amended in November 2021
Pillar Technical standards applied to ICT goods and online services |
Indicator Restrictions on encryption standards
Law of Turkmenistan No. 159-V About legal regulation of development of the Internet and rendering Internet services in Turkmenistan (Türkmenistanyň Kanuny No. 159-V Türkmenistanda Internet torunyň ösüşini we internet-hyzmatlaryny etmegi hukuk taýdan düzgünleşdirmek hakynda)
According to Arts. 30 and 31 of Law of Turkmenistan No. 159-V about legal regulation of the development of the Internet and rendering Internet services in Turkmenistan, operators of Internet network services and Internet users are liable for using non-certified means of cryptographic protection of information. However, the encryption certification requirements or a list of certified encryption programs have not been found.
Coverage Encryption programs
TURKMENISTAN
Reported in 2022, last reported in 2023
Pillar Online sales and transactions |
Indicator Restrictions on online payments
Restrictions to online payments
Online payment options in Turkmenistan are reported to be notably limited, with access to internationally accepted credit or debit cards being restricted. The lack of currency convertibility poses a significant challenge to e-commerce and foreign transactions. It is reported that strict currency controls have contributed to a black market exchange rate for dollars averaging more than five times the official rate in 2020-2021, making it difficult for companies to repatriate profits or convert local currency into dollars to import supplies and equipment. This persists despite Art. 32 of the Law About Trade Activities, which prohibits restrictions on the use of electronic payment methods unless stipulated by Turkmen legislation.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230321145844/https://www.trade.gov/country-commercial-guides/turkmenistan-ecommerce
- https://web.archive.org/web/20221209160100/https://www.state.gov/reports/2022-investment-climate-statements/turkmenistan/
- https://web.archive.org/web/20230326022714/https://bp.gov.tm/laws/223/show
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TURKMENISTAN
N/A
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Turkmenistan does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal
