TURKMENISTAN
Reported in 2022, last reported in 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Screening of mergers and acquisitions
It is reported that government approval is necessary for acquisitions and mergers of certain enterprises, including those with state shares. In fact, in case of alienation of government shares, foreign companies may participate only with a relevant report of the Economic Risk Protection Agency under the Ministry of Finance and Economy of Turkmenistan (Art. 7.2 of Law about the Removal of Ownership from the State and the Privatization of State Property).
Coverage Horizontal
Sources
- https://web.archive.org/web/20230214100710/https://www.trade.gov/country-commercial-guides/turkmenistan-distribution-and-sales-channels
- https://web.archive.org/web/20210226005741/https://invest.gov.tm/norm/view?id=20
- https://web.archive.org/web/20230327093315/https://bp.gov.tm/laws/297/show
- https://web.archive.org/web/20221209160100/https://www.state.gov/reports/2022-investment-climate-statements/turkmenistan/
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TURKMENISTAN
Since June 2000, last amended in February 2015
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Law of Turkmenistan On Amendment to the Law of Turkmenistan On Enterprises (Türkmenistanyň “Kärhanalar barada” kanunyna üýtgetme girizmek baradaky kanuny)
According to Art. 15 of the Law of Turkmenistan on Amendment to the Law of Turkmenistan on Enterprises, companies need to get a state registration in order to operate, including foreign investors. The foreign entities wishing to invest in Turkmenistan must register with the Registration Department under the Ministry of Finance and Economy. However, before the registration is granted, an inter-ministerial commission that includes the Ministry of Foreign Affairs, the Agency for Protection from Economic Risks, law enforcement agencies, and industry-specific ministries must approve it. According to Art. 16 of the Law, the decision on the state registration of a company must be made within two weeks after submitting the required documents.
It is also reported that the registration is lengthy and cumbersome, and it is not required for foreign companies with approved government contracts. The commission evaluates foreign companies based on their financial standing, work experience, reputation, and perceived political and legal risks. The inter-ministerial commission does not give a reason for denying the registration of a legal entity.
It is also reported that Turkmenistan generally requires that citizens of Turkmenistan make up 90% of the workforce of foreign-owned companies (i.e., for every foreign worker, nine Turkmen citizens must be hired).
It is also reported that the registration is lengthy and cumbersome, and it is not required for foreign companies with approved government contracts. The commission evaluates foreign companies based on their financial standing, work experience, reputation, and perceived political and legal risks. The inter-ministerial commission does not give a reason for denying the registration of a legal entity.
It is also reported that Turkmenistan generally requires that citizens of Turkmenistan make up 90% of the workforce of foreign-owned companies (i.e., for every foreign worker, nine Turkmen citizens must be hired).
Coverage Horizontal
Sources
- https://web.archive.org/web/20210226005741/https://invest.gov.tm/norm/view?id=20
- https://web.archive.org/web/20221209160100/https://www.state.gov/reports/2022-investment-climate-statements/turkmenistan/
- https://web.archive.org/web/20230922172258/https://mercans.com/employer-of-record-payroll-peo/turkmenistan/
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TURKMENISTAN
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)
Turkmenistan is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II). In fact, Turkmenistan is not a member of the WTO.
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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TURKMENISTAN
Since December 2014, last amended in June 2023
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Law of Turkmenistan No. 158-V About tenders for delivery of goods, performance of works, rendering services for the state needs (Türkmenistanyň Kanuny No. 158-V Döwlet zerurlyklary üçin harytlar bilen üpjün etmek, işleri ýerine ýetirmek, hyzmatlary etmek boýunça bäsleşikler hakynda)
Art. 13.1 of Law No. 158-V states that in the case that in the domestic market of Turkmenistan there are enough potential suppliers, the tender organiser has the right to limit participation in tender procedures to potential suppliers of Turkmenistan or to establish priority for State enterprises and/or public organisations of disabled persons in Turkmenistan.
Coverage Horizontal
Sources
- https://web.archive.org/web/20241121201838/https://mejlis.gov.tm/single-law/181?lang=tm
- https://web.archive.org/web/20230325044810/https://invest.gov.tm/norm/view?id=15
- https://web.archive.org/web/20230326023926/https://bp.gov.tm/laws/249/show
- https://www.globalpublicprocurementdata.org/gppd/country_profile/TM
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TURKMENISTAN
Since December 2014, last amended in June 2023
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Law of Turkmenistan No. 158-V About tenders for delivery of goods, performance of works, rendering services for the state needs (Türkmenistanyň Kanuny No. 158-V Döwlet zerurlyklary üçin harytlar bilen üpjün etmek, işleri ýerine ýetirmek, hyzmatlary etmek boýunça bäsleşikler hakynda)
Art. 13.2 of Law No. 158-V provides that when the tender organiser limits participation to suppliers in Turkmenistan, it may additionally limit the list of potential suppliers to small and medium-sized businesses in Turkmenistan, and/or set conditions for the use of only local labour resources and/or raw materials and supplies.
Coverage Horizontal
Sources
- https://web.archive.org/web/20241121201838/https://mejlis.gov.tm/single-law/181?lang=tm
- https://www.globalpublicprocurementdata.org/gppd/country_profile/TM
- https://web.archive.org/web/20230325044810/https://invest.gov.tm/norm/view?id=15
- https://web.archive.org/web/20230326023926/https://bp.gov.tm/laws/249/show
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TURKMENISTAN
Since December 2014, last amended in June 2023
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Law of Turkmenistan No. 158-V About tenders for delivery of goods, performance of works, rendering services for the state needs (Türkmenistanyň Kanuny No. 158-V Döwlet zerurlyklary üçin harytlar bilen üpjün etmek, işleri ýerine ýetirmek, hyzmatlary etmek boýunça bäsleşikler hakynda)
Art. 17.6 of Law No. 158-V establishes that, unless the organiser decides to accept an additional language, applications must be submitted in Turkmen, which is the state language.
Coverage Horizontal
TURKMENISTAN
Reported in 2022
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Reported limitations on foreign participation in public procurement
It is reported that a company interested in participating in the tender process must submit all the tender documents to the respective ministry or agency in person. Many foreign companies with no presence in Turkmenistan provide a limited power of attorney to local representatives, who then submit tender documents on the company’s behalf. A list of required documents for screening is usually provided by the state agency announcing the tender. It is also reported that the tender process is opaque and difficult to navigate, particularly for companies outside Turkmenistan, and not all tenders are publicly announced. Many tenders are not fully available online and require a local agent to pay a fee to obtain the information on paper.
It is reported that before most contracts can be signed, the agreement must be approved by the State Commodity and Raw Materials Exchange, the Central Bank, the Supreme Control Chamber, and the Cabinet of Ministers. It is also reported that the approval process is not transparent and often appears politically driven.
It is reported that before most contracts can be signed, the agreement must be approved by the State Commodity and Raw Materials Exchange, the Central Bank, the Supreme Control Chamber, and the Cabinet of Ministers. It is also reported that the approval process is not transparent and often appears politically driven.
Coverage Horizontal
TURKMENISTAN
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)
Turkmenistan is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), as it is not a member of the WTO.
Coverage Horizontal
TURKMENISTAN
Reported in 2022
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Limits on foreign investment
According to Art. 2 of Law of Turkmenistan No. 698-XII on Investment Activity in Turkmenistan (Türkmenistanyň Kanuny № 698 - XII Türkmenistanda maýa goýum işi hakynda), investments by foreign states, legal entities, individuals and persons without citizenship, as well as joint investments by Turkmenistan and foreign states, legal entities, individuals and persons without citizenship, are permitted. The same is confirmed in Art.3 of Law of Turkmenistan of 3 March 2008 No. 184-III about foreign investments (Türkmenistanyň Kanuny 2008-nji ýylyň 3-nji marty № 184-III Daşary ýurt maýa goýumlary hakynda). Moreover, according to Art. 8.1 of Law No. 184-III, it is understood that the legal regime of foreign investors and companies with foreign investment and the use of profits from the investment cannot be less favourable than the legal regime of activities and the use of profits from the investment provided by domestic investors.
However, it is reported that there is tight state control of the economy, and the government has only allowed significant foreign ownership and foreign direct investment in the energy sector.
However, it is reported that there is tight state control of the economy, and the government has only allowed significant foreign ownership and foreign direct investment in the energy sector.
Coverage Horizontal
Sources
- https://web.archive.org/web/20210302045944/https://invest.gov.tm/norm/view?id=12
- https://web.archive.org/web/20221209160100/https://www.state.gov/reports/2022-investment-climate-statements/turkmenistan/
- https://web.archive.org/web/20231001195930/https://www.lloydsbanktrade.com/en/market-potential/turkmenistan/investing
- https://web.archive.org/web/20220121172140/https://invest.gov.tm/norm/view?id=14
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TURKMENISTAN
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)
1.59%
Coverage rate of zero-tariffs on ICT goods (%)
88.7%
Coverage: ICT goods
Sources
- http://wits.worldbank.org
- 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
TUNISIA
Since July 2013, last amended in December 2020
Pillar Online sales and transactions |
Indicator Restrictions on domain names
Decision of the National Telecommunication Authority No. 141-2013 (Décision de l’INT No. 141 du 24 juillet 2013)
According to Art. 8.1 of the Decision of the National Telecommunication Authority No. 141-2013, local domain name registration including ".com.tn" is restricted and limited to the following eligibility criteria: legal entities constituted according to the Tunisian laws in force, holders or legal representatives of an international trademark registered in Tunisia, natural persons of legal age of Tunisian nationality or officially residents in Tunisia.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230120021142/https://registre.tn/upload/files/Charte_de_nommage__%20tn__24072013_FR.pdf
- https://www.intt.tn/upload/files/Decision%20du%20College%20de%20l%27INT%20n11-2020%20du%2023%20dec%202020%281%29.pdf
- https://web.archive.org/web/20230924135207/https://web-solutions.eu/com-tn-domain-name-registration.htm
- https://www.marcaria.com/ws/en/domains/tunisia-domain-registration-tn?gad_source=1&gad_campaignid=23357862138&gbraid=0AAAAAD_kj_XXFbDWRgtNCX536icpWuMfT&gclid=Cj0KCQiA8KTNBhD_ARIsAOvp6DL9L-FnD2FgyUzsxp...
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TUNISIA
Since December 1992
Since August 2000, last amended in July 2004
Since August 2000, last amended in July 2004
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Law 117-1992 on Consumer Protection (Loi No. 92-117 du 7 Décembre 1992 Relative à la Protection du Consommateur)
Electronic Exchanges and Electronic Commerce Law No. 2000-83 (Loi No. 2000-83 du 9 Août 2000, Relative aux Echanges et Commerce Électroniques)
Electronic Exchanges and Electronic Commerce Law No. 2000-83 (Loi No. 2000-83 du 9 Août 2000, Relative aux Echanges et Commerce Électroniques)
Law No. 117-1992 on Consumer Protection, together with the Electronic Exchanges and Electronic Commerce Law No. 2000-83, establishes a comprehensive consumer protection framework that also extends to online transactions.
Coverage Horizontal
TUNISIA
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
Tunisia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
TUNISIA
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of the UNCITRAL Model Law on Electronic Commerce
Tunisia 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
