ALGERIA
N/A
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)
Lack of participation in Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Algeria is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
ALGERIA
Since September 2015
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Presidential Decree No. 15-247 of 2 Dhou El Hidja 1436 corresponding to September 16, 2015 bearing regulation of public procurement and public service delegations (Décret Présidentiel No. 15-247 du 2 Dhou El Hidja 1436 correspondant au 16 Septembre 2015 portant réglementation des marchés publics et des délégations de service public)
According to Art. 5 of Presidential Decree No. 15-247, in order to ensure the efficiency of the order and the proper use of public funds, public contracts must respect the principles of free access to public procurement, equal treatment of candidates regardless of nationality, and transparency of procedures. However, Art. 85 of the Presidential Decree also requires that the governmental purchaser, in the process of drafting the eligibility criteria and the offer evaluation procedure, must consider whether national production and/or national entities can meet the needs of the contract – and therefore by that extent also favour batches or products that can be subcontracted or acquired on the local Algerian market. In circumstances when relying on national production and/or entities is not possible, foreign companies can bid with certain limitations. Imported products may only be used in circumstances when the equivalent of the products is either not available at a national level or the national products do not possess the acceptable quality standards.
Coverage Horizontal
Sources
- https://www.caci.dz/fr/Nos%20Services/Information%20juridique/Documents/r%c3%a9glementation%20des%20march%c3%a9s%20publics.pdf
- https://www.trade.gov/country-commercial-guides/algeria-information-communications-technologies
- https://www.globaltradealert.org/intervention/56541/public-procurement-localisation/algeria-the-government-issues-a-new-regulation-concerning-the-national-public-procurement-system
- Show more...
ALGERIA
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)
15.46%
Coverage rate of zero-tariffs on ICT goods (%)
24.90%
Coverage: Digital goods
VANUATU
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signatures
Lack of adoption of the UNCITRAL Model Law on Electronic Signatures
Vanuatu 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
VANUATU
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 signature of the UN Convention on the Use of Electronic Communications in International Contracts
Vanuatu has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
VANUATU
Since 2000
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Vanuatu 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
VANUATU
Since October 2015
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Telecommunications and Radiocommunications (Consumer Protection) Regulations Order No.157 of 2015
The Telecommunications and Radiocommunications (Consumer Protection) Regulations Order No.157 of 2015 provides a comprehensive consumer protection framework that also applies to online transactions.
Coverage Horizontal
VANUATU
N/A
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Vanuatu does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal
VANUATU
Since September 2020
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Self-certification for product safety
Decision 01 of 2020
According to Art. 2 of Decision 01 of 2020, local importers need to obtain type approval import permit from the Telecommunications, Radiocommunications & Broadcasting Regulator for the approval of importation, use, and sale of a particular model each time a consignment of relevant equipment is imported to Vanuatu.
Coverage ICT equipment
VANUATU
Since September 2020
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Decision 01 of 2020
According to Art. 2 of Decision 01 of 2020, local importers need to obtain type approval import permit from the Telecommunications, Radiocommunications & Broadcasting Regulator for the approval of importation, use, and sale of a particular model each time a consignment of relevant equipment is imported to Vanuatu.
Coverage ICT equipment
VANUATU
Since September 2000
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Electronic Transactions Act, Act 24 of 2000
The Electronic Transactions Act establishes a safe harbour regime for intermediaries for copyright infringements. According to Art. 26 of the Act, an intermediary is not subject to any civil or criminal liability in respect of any information contained in an electronic record in respect of which the intermediary provides services if the intermediary was not the originator of that electronic record and the intermediary: (a) has no actual knowledge that the information gives rise to civil or criminal liability, or (b) is not aware of any facts or circumstances from which the likelihood of civil or criminal liability in respect of the information ought reasonably to have been known; or (c) follows the procedure set out in section 27 if the intermediary: (i) acquires knowledge that the information gives rise to civil or criminal liability; or (ii) becomes aware of facts or circumstances from which the likelihood of civil or criminal liability in respect of the information ought reasonably to have been known.
Coverage Internet intermediaries
VANUATU
Since September 2000
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for copyright infringement
Electronic Transactions Act, Act 24 of 2000
The Electronic Transactions Act establishes a safe harbour regime for intermediaries for copyright infringements. According to Art. 26 of the Act, an intermediary is not subject to any civil or criminal liability in respect of any information contained in an electronic record in respect of which the intermediary provides services if the intermediary was not the originator of that electronic record and the intermediary: (a) has no actual knowledge that the information gives rise to civil or criminal liability, or (b) is not aware of any facts or circumstances from which the likelihood of civil or criminal liability in respect of the information ought reasonably to have been known; or (c) follows the procedure set out in section 27 if the intermediary: (i) acquires knowledge that the information gives rise to civil or criminal liability; or (ii) becomes aware of facts or circumstances from which the likelihood of civil or criminal liability in respect of the information ought reasonably to have been known.
Coverage Internet intermediaries
VANUATU
Since November 2000
Pillar Domestic data policies |
Sub-pillar Requirement to perform an impact assessment (DPIA) or have a data protection officer (DPO)
E-Business Act 2000
According to Part IV of the E-Business act, companies carrying any electronic business must appoint a data protection officer.
Coverage E-business
VANUATU
N/A
Pillar Domestic data policies |
Sub-pillar Framework for data protection
Lack of comprehensive regime on data protection
Vanuatu lacks a comprehensive regime on data protection. As stated in the webpage of the Office of the Government Chief Information Officer: "The legislation in regards to ICT, including The Digital Data Protection and Privacy Bill, is still on ongoing process".
Coverage Horizontal
VANUATU
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
Vanuatu has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal