NEPAL
Since August 2007, last amended in December 2019
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Public Procurement Regulation, 2007
According to Section 17 of the Public Procurement Regulation, a public entity shall, in making procurement by selecting any method set forth the Regulation, provide a 15% price preference to the Nepali goods.
Coverage Horizontal
Sources
- https://ppmo.gov.np/image/data/files/PPA%20Ammendment/Public%20Procurement%20Regulation%20(Final).pdf
- https://ppmo.gov.np/image/data/files/PPA%20Ammendment/%20%E0%A4%96%E0%A4%B0%E0%A4%BF%E0%A4%A6%20%E0%A4%A8%E0%A4%BF%E0%A4%AF%E0%A4%AE%E0%A4%BE%E0%A4%B5%E0%A4%B2%E0%A5%80%20(%E0%A4%A6%E0%A4%B6%E0%A5%8C%...
NEPAL
Since January 2007, last amended in March 2019
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Public Procurement Act, 2007
According to Art. 15 of the Public Procurement Act, international bidding is used for public procurement only when goods cannot be procured at competitive prices, if no bid has been submitted in the national bid for procurement of goods and services; or if it is certified by public entity that goods to be procured is of complex and special nature.
Coverage Horizontal
NEPAL
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)
Nepal is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
NEPAL
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)
6.6%
Coverage rate of zero-tariffs on ICT goods (%)
28.61%
Coverage: Digital goods
MYANMAR
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
Myanmar 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
MYANMAR
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
Myanmar has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
MYANMAR
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
Myanmar 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
MYANMAR
Since April 2004, as amended in February 2014, last amended in February 2021
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Electronic Transaction Law 2004
Pyidaungsu Hluttaw Law No.6/2014 – Law Amending the Electronic Transactions Law 2014
Pyidaungsu Hluttaw Law No.6/2014 – Law Amending the Electronic Transactions Law 2014
The Electronic Transaction Law 2004 (as amended in 2014) provides a comprehensive framework for consumer protection that also applies to online transactions. This was amended by the Law Amending the Electronic Transactions Law 2014, providing for the amendment of offenses and penalties for anyone who commits any offense by using electronic transaction technology (Arts. 33-36).
Coverage Horizontal
Sources
- https://www.myanmartradeportal.gov.mm/uploads/legals/2018/12/Electronic%20Transactions%20Law%202004(English).pdf
- https://www.myanmartradeportal.gov.mm/en/legal/217#:~:text=Hluttaw%20Law%20No.-,6%2F2014%20%E2%80%93%20Law%20Amending%20the%20Electronic%20Transactions%20Law%202014%2C,by%20using%20electronic%20transa...
- https://www.myanmar-responsiblebusiness.org/pdf/electronic-transactions-law_consolidated_2014-and-2021_en.pdf
- https://unctad.org/page/cyberlaw-tracker-country-detail?country=mm
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MYANMAR
Reported in 2021
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
Physical presence requirement
It is reported that registering a ".com.mm" or ".net.kh" domain name requires a local company or subsidiary in Myanmar.
Coverage Horizontal
MYANMAR
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 50, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
MYANMAR
Since January 2016
Since December 2017, entry into force in August 2018
Since December 2017, entry into force in August 2018
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
Pyidaungsu Hluttaw Law No. 20/2016 on Financial Institutions Law
Pyidaungsu Hluttaw Law No. 29/2017 on Myanmar Companies Act
Pyidaungsu Hluttaw Law No. 29/2017 on Myanmar Companies Act
According to Art. 26 of the Financial Institutions Law, only local banks are allowed to take part in banking and financial services, including online banking and financial services.
Coverage Financial sector
Sources
- https://www.dica.gov.mm/sites/dica.gov.mm/files/document-files/final_mcl_english_version_6_dec_president_signed_version_cl.pdf
- https://www.aseantoday.com/2017/12/myanmar-government-relaxes-foreign-investment-restrictions/
- https://cbm.gov.mm/sites/default/files/regulate_launder/financial_institutions_law_updated_by_cbm_20160303website-1_0.pdf
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MYANMAR
Since 2014
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Self-certification for product safety
Pyidaungsu Hluttaw Law No. 28/ 2014 on Law on Standardization
The Law on Standardization Article 9 allows foreign departments or organizations to issue a certificate of standard certification and quality recommendation by applying to the department assigned to perform in the matter of standardization by the Ministry of Science and Technology.
Coverage Horizontal
MYANMAR
Since October 2013, last amended in August 2017
Pillar Quantitative trade restrictions for ICT goods, products and online services |
Sub-pillar Export restrictions on ICT goods, products and online services
Pyidaungsu Hluttaw Law No. 31/2013, last amended by the Pyi Htaung Su Hluttaw Law No. 26/2017 on Telecommunications Law
According to Art. 26 of the Telecommunications Law, the Ministry of Communications and Information Technology shall prescribe the standards of network equipment and telecommunication equipment that are exported. It is reported that a recommendation issued by the Post and Telecommunications Department is often required for the export of telecommunications equipment, depending on the nature of the equipment.
Coverage Telecom equipment
MYANMAR
Reported in 2019
Pillar Quantitative trade restrictions for ICT goods, products and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Lack of transparency in import/export procedures
It has been reported that importers or exporters might face corruption when seeking import and export licenses. The Customs Department engages in practices that are non-transparent and appear arbitrary. Importers frequently cite concerns with customs valuation practices. For some commodities, the Customs Department reportedly uses its own reference guide to determine the value of imports.
Coverage Horizontal
MYANMAR
Since October 2013, last amended in August 2017
Pillar Quantitative trade restrictions for ICT goods, products and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Pyidaungsu Hluttaw Law No. 31/2013, last amended by the Pyi Htaung Su Hluttaw Law No. 26/2017 on Telecommunications Law
According to Arts. 26-70 of the Telecommunication Law mandates the importers of telecommunications equipment to get an import license from the Ministry of Communication and Information Technology.
Coverage Telecom equipment