NICARAGUA
Since August 1995, as amended in December 1999, last amended in December 2019
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Law No. 200 - General Law of Telecommunications And Postal Services (Ley No. 200 - Ley General de Telecomunicaciones y Servicios Postales)
Art. 29 of Law No. 200 establishes that media licences are only granted to Nicaraguan natural or legal persons, or to joint stock companies with at least 51% participation of Nicaraguan nationals. Prior to amendment 326 to Art. 29, this restriction applied to all licences for the provision of telecommunications services.
Coverage Telecommunications sector
Sources
- http://legislacion.asamblea.gob.ni/normaweb.nsf/9e314815a08d4a6206257265005d21f9/034102153a876c160625861c0077c276?OpenDocument
- http://legislacion.asamblea.gob.ni/normaweb.nsf/3133c0d121ea3897062568a1005e0f89/e19d0a4ff53c43320625715a00587598?OpenDocument
- https://www.cepal.org/sites/default/files/publication/files/4880/S0800472_es.pdf
- http://legislacion.asamblea.gob.ni/Normaweb.nsf/($All)/7CE6A7BD73C1E32D062570A10058026A?OpenDocument
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NICARAGUA
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Nicaragua is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
NICARAGUA
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Local representative requirement to participate in public procurements
It is reported that in order to participate in public procurement processes it is necessary to be registered in "nicaraguacompra.gob.ni" as a supplier of the State. In the case of foreign companies, the registration process requires a legal representative domiciled in the country.
Coverage Horizontal
NICARAGUA
Reported in 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Lack of transparency in public tenders
There are complaints about lack of transparency on public procurement. It is reported that the Government publishes public procurement notices too late to ensure fair competition, that it creates terms of reference and technical specifications that are frequently unclear, and that it includes requirements for financial guarantees and local legal representation that create significant challenges for foreign firms without a local partner.
In particular, it has been reported that the following requirements are not always applied:
- Government purchases must be planned and approved by procurement committees within each public entity, and published in Annual Procurement Plans (Art. 20 of the Public Procurement Law);
- A minimum of 30 days from the publication of a bid to the due date for submissions (Art. 36 of the Public Procurement Law).
In particular, it has been reported that the following requirements are not always applied:
- Government purchases must be planned and approved by procurement committees within each public entity, and published in Annual Procurement Plans (Art. 20 of the Public Procurement Law);
- A minimum of 30 days from the publication of a bid to the due date for submissions (Art. 36 of the Public Procurement Law).
Coverage Horizontal
NICARAGUA
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 the Information Technology Agreement Expansion Agreement (ITA II)
Nicaragua is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996, but is not a signatory of its 2015 expansion (ITA II).
Coverage ICT goods
NICARAGUA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Effective tariff rate to ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
1.14%
Coverage rate of zero-tariffs on ICT goods (%)
74.52%
Coverage: Digital goods
NEPAL
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Nepal 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
NEPAL
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Nepal 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
NEPAL
Since September 2018
Since September 2006
Since September 2006
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
The Consumer Protection Act, 2075 (2018)
Electronic Transactions Act, 2063 (2006)
Electronic Transactions Act, 2063 (2006)
The Consumer Protection Act and the Electronic Transactions Act provide a comprehensive framework for consumer protection that also applies to online transactions. The Consumer Protection Law includes provisions on the right to easy access to goods or services, the right to choose quality goods or services at a fair competitive price, the right to be informed of the price, quantity, purity and quality of goods and services, etc. In addition, the Law on Electronic Transactions regulates electronic communications and records, this law establishes the legal provisions aimed at authenticating and regulating electronic data. It also creates a secure and authentic method of electronic communication while addressing the regulation of all issues related to electronic transactions.
Coverage Horizontal
NEPAL
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention of Electronic Communications
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Nepal has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
NEPAL
N/A
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Nepal does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal
NEPAL
N/A
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
Policy for Domain Name Registration Under NP CCTLD
According to the policy for domain name registration under NP CCTLD, only foreign companies that register in Nepal or register their trade name (trademark) with the government can register a '.np' domain.
Coverage Horizontal
NEPAL
Since July 2018, last amended in October 2020
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
Nepal's Central Bank's Directive, 2018
Nepal's Central Bank's Unified Directive, 2020
Nepal's Central Bank's Unified Directive, 2020
According to Nepal's Central Bank's Directive, there is a maximum threshold on daily and monthly transaction amounts on transactions carried out through card, internet banking, mobile banking, and e-wallets. For instance, according to Section 1.2 the current limit, as amended in 2020 by Nepal's Central Bank's Unified Directive 2020, for debit card transactions is a per transaction limit of 25,000 rupees (approx. 190 USD), per day limit of 100,000 rupees (approx. 750 USD), and per month limit of 400,000 rupees (approx. 3,010 USD). Similarly, the current transaction limit for mobile banking is 100,000 rupees (approx. 750 USD) per day and 1 million rupees (approx. 7,520 USD) per month. The current transaction limit for internet banking (merchant payment) is 1 million rupees (approx. 7,520 USD) per day and 3 million rupees (approx. 22,570 USD) per month. Similarly, the current transaction limit for e-wallets is 25,000 rupees (approx. 190 USD) per transaction, 100,000 rupees (approx. 750 USD) per day, and 500,000 rupees (approx. 3,760 USD) per month.
Coverage Electronic transactions
NEPAL
Since August 2015, last amended in June 2020
Since June 2016
Since June 2016
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
Payment and Settlement By-Laws, 2015
Licensing Policy for Institution/Mechanism Operating Payment Related Activities-2016
Licensing Policy for Institution/Mechanism Operating Payment Related Activities-2016
According to Chapter 3 of the Payment and Settlement By-Laws, 2015, payment-related service providers have to register a company in Nepal. Furthermore, pursuant to the Licensing Policy for Institution/Mechanism Operating Payment-Related Activities, payment-related service providers need a license from Nepal Rastra Bank (Nepal's Central Bank) to operate as a Payment Service Provider (PSP) or Payment System Operator (PSO). PSPs refer to institutions that provide payment activities through electronic means, those institutions carrying out domestic money transfer business, and those institutions established with the objective of paying bills for both goods and services and providing those payment-related services, also have a direct relationship with customers. PSOs refer to institutions related to the operation, control, and clearing of payment-related activities.
Coverage Online payment services
NEPAL
Since 2012, last amended in 2016
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Self-certification for product safety
Type Approval Working Procedure of Customer Premises Radio Telecommunication Equipments-2016 (TAP-04), 2016
Type Approval Working Procedure of Customer Premises Radio Telecommunication Equipment-2014 (TAP-03), 2014
Type Approval Working Procedure of Customer Premises Radio Telecommunication Equipments-2012 (TAP-02), 2012
Type Approval Working Procedure of Customer Premises Radio Telecommunication Equipment-2014 (TAP-03), 2014
Type Approval Working Procedure of Customer Premises Radio Telecommunication Equipments-2012 (TAP-02), 2012
Type approval is required for importing certain radio telecommunication equipment. In addition to 'self-declaration of conformity' from the applicant, the regulator—Nepal Telecommunication Authority (NTA)—also requires 'Radio, SAR, Safety and EMC' test reports and certification issued by the manufacturer (or its representative) or standard testing/certification body (authorized by NTA) and/or type approval certificate issued by an international/national/territorial standard bodies.
Coverage Telecom equipment
Sources
- https://nta.gov.np/wp-content/uploads/2012/06/Type_Approval_Working_Procedure_2073.pdf
- https://nta.gov.np/en/general-information/
- https://www.nanotechsol.com/post/what-is-nepal-nta-type-approval-process-and-what-you-need-to-know-to-proceed-with-this-approval
- https://www.eleoscompliance.com/en/type-approval/nepal
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