MYANMAR
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)
Myanmar is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal
MYANMAR
Since July 2019
Since December 2017, entry into force in August 2018
Since December 2017, entry into force in August 2018
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Notification 1/2019 of the Securities and Exchange Commission of Myanmar
Pyidaungsu Hluttaw Law No. 29/2017 on Myanmar Companies Act
Pyidaungsu Hluttaw Law No. 29/2017 on Myanmar Companies Act
In July 2019, the Securities and Exchange Commission of Myanmar issued Notification 1/2019 which announced that foreign entities and individuals are permitted to invest in the shares in Myanmar companies listed on the Yangon Stock Exchange (YSX). However, ownership is restricted to maximum 35% of shares as with shares above this percentages companies are designated as “foreign” under the Myanmar Companies Law (2017). As of March 2020, six companies are listed on the exchange. TMH Telecom Public Co., Ltd. (TMH) is listed on the stock exchange. TMH started its business operations in 2007 and focused on manufacturing quality automatic telephone exchanges, fiber construction and maintenance, and broadband internet service operations among other things.
Coverage Telecommunications 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://ysx-mm.com/wp-content/uploads/2020/11/SECMNotification_1_2019_Eng.pdf
- https://investmentpolicy.unctad.org/investment-policy-monitor/measures/3402/foreign-investors-to-be-allowed-to-purchase-stocks-on-the-ysx
- https://ysx-mm.com/main-board/listing/company/lc00005/
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MYANMAR
Reported in 2018, 2020
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
It is reported that the government of Myanmar had continued to negotiate and execute lease agreements without first going through a tender process above the threshold of Ks 10 million (USD 5,560) prescribed in Art. 10 of the Presidential Directive No. 1/2017, above which public tenders would be required. As a result, it is reported that Myanmar does not yet benefit of a transparent, predictable, and effective regulatory framework for public procurement.
Concerns have also been raised by businesses about the inconsistent disclosure of project specifications (e.g., construction drawings) to give specific businesses an edge during tender evaluations, therefore affecting the transparency, fairness, and the integrity of the public procurement system.
Concerns have also been raised by businesses about the inconsistent disclosure of project specifications (e.g., construction drawings) to give specific businesses an edge during tender evaluations, therefore affecting the transparency, fairness, and the integrity of the public procurement system.
Coverage Horizontal
MYANMAR
Since April 2017
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Presidential Directive No.1/2017 on Tender and Procurement Procedures
Art. 28 of the Presidential Directive No. 1/2017 mandates that the Tender Acceptance and Evaluation Committee shall evaluate each of the technical proposals for public procurement in accordance with some standards, including the inclusion of local experts among the senior experts for the tasks to be assigned.
Coverage Horizontal
MYANMAR
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)
Myanmar is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
MYANMAR
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)
1.01%
Coverage rate of zero-tariffs on ICT goods (%)
33.23%
Coverage: Digital goods
MEXICO
Since 2000
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Mexico 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
MEXICO
Since 2003
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
UNCITRAL Model Law on Electronic Signatures
Mexico has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
MEXICO
Since December 1992, last amended in April 2019
Since December 1889, last amended in March 2018
Since 1928, last amended in January 2021
Since December 1889, last amended in March 2018
Since 1928, last amended in January 2021
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Federal Law of Protection to the Consumer (Ley Federal de Protección al Consumidor)
Code of Commerce (Código de Comercio)
Federal Civil Code (Código Civil Federal)
Code of Commerce (Código de Comercio)
Federal Civil Code (Código Civil Federal)
The Federal Law of Protection to the Consumer provides a comprehensive consumer protection framework that applies to online transactions. Art. 1, number VIII, enshrines consumer protection in digital transactions as a fundamental principle. Chapter VIII BIS of this law states the consumer rights in transactions by means of electronic, optical, and other technologies. In addition, the Code of Commerce allows the use and validity of electronic signatures (whether a simple electronic signature or advanced electronic signature) in any type of commercial transactions and consumer transactions. Furthermore, the Federal Civil Code also establishes that if express consent is required, this can be expressed by electronic means or by any other technology.
Coverage E-commerce sector
MEXICO
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
Mexico has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
MEXICO
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
MEXICO
Reported in 2022
Pillar Online sales and transactions |
Sub-pillar Limits on e-commerce purchases
Limits applies to express shipments
It is reported that the consolidation of express shipments over USD 300 is restricted and Mexico continues to limit the number of shipments that may be delivered to a single recipient per month, which is reported to restrict electronic commerce. Express delivery providers must also re-register to operate in Mexico every two years. There are complaints from foreign companies about the fact that Mexico's Tax Administration Service (SAT) has not instituted a periodic payment option for express delivery shipments.
Coverage Electronic commerce
MEXICO
Since 2019, entry into force in February 2021
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Product screening and additional testing requirements
IFT-012-2019
In February 2020, Mexico’s Instituto Federal de Telecomunicaciones (IFT) published new guidelines pursuant to Technical Provision IFT-012-2019 that have been reported to pose a significant barrier to trade for mobile telecommunications products. These guidelines came into effect in February of 2021, and it is reported that they restrict sales from companies and delay time to market by requiring in-country testing for Specific Absorption Rates (SAR). It is also reported that these testing requirements refer to out-of-date standards instead of recent guidance from the IEC/IEEE and ICNIRP. These requirements also lack the normal clauses exempting retroactive compliance, raising the specter that not only would new products require testing but also all existing products would require testing.
Currently, there are only two accredited laboratories for SAR testing, which creates bottlenecks for testing new products and may cause time-to-market delays. The industry has repeatedly asked the IFT to accept interim certificates and/or international test reports until the testing laboratory infrastructure is sufficiently established and robust in the country.
Currently, there are only two accredited laboratories for SAR testing, which creates bottlenecks for testing new products and may cause time-to-market delays. The industry has repeatedly asked the IFT to accept interim certificates and/or international test reports until the testing laboratory infrastructure is sufficiently established and robust in the country.
Coverage Electronic devices
MEXICO
Since February 2020, entry into force in 2021
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Product screening and additional testing requirements
Agreement whereby the Plenary of the Federal Telecommunications Institute issues the Conformity Assessment Procedure for Telecommunications and Broadcasting (Acuerdo mediante el cual el Pleno del Instituto Federal de Telecomunicaciones expide el Procedimiento de evaluación de la conformidad en materia de telecomunicaciones y radiodifusión)
It is reported that conformity procedures of the Agreement whereby the Plenary of the Federal Telecommunications Institute issues the Conformity Assessment Procedure for Telecommunications and Broadcasting contain worrying language requiring the sharing of test reports that may contain in-depth confidential information about ICT products.
Coverage ICT products
MEXICO
Since July 2014, last amended in April 2021
Since March 2016
Since March 2016
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Self-certification for product safety
Federal Telecommunications and Broadcasting Law (Ley Federal de Telecomunicaciones y Radiodifusión)
Agreement by which the Plenary of the Federal Telecommunications Institute issues the Guidelines for the accreditation, authorization, designation and recognition of testing laboratories (Acuerdo mediante el cual el Pleno del Instituto Federal de Telecomunicaciones expide los Lineamientos para la acreditación, autorización, designación y reconocimiento de laboratorios de prueba) DOF: 07/03/2016
Agreement by which the Plenary of the Federal Telecommunications Institute issues the Guidelines for the accreditation, authorization, designation and recognition of testing laboratories (Acuerdo mediante el cual el Pleno del Instituto Federal de Telecomunicaciones expide los Lineamientos para la acreditación, autorización, designación y reconocimiento de laboratorios de prueba) DOF: 07/03/2016
According to Art. 289 of the Federal Telecommunications Law, unless there is a Mutual Recognition in place in place, all the products destined for telecommunications that are going to be plugged into a telecommunications network or use the radioelectric spectrum must be homologated pursuant to the Mexican legal order.
Chapter IX of the DOF: 07/03/2016 establishes that when the Federal Institute of Telecommunications recognizes a foreign testing laboratory under a Mutual Recognition Agreement, it will accept the testing under the procedures contained in the agreement, to simplify the assessment of conformity of infrastructure and telecommunications and broadcasting products.
Chapter IX of the DOF: 07/03/2016 establishes that when the Federal Institute of Telecommunications recognizes a foreign testing laboratory under a Mutual Recognition Agreement, it will accept the testing under the procedures contained in the agreement, to simplify the assessment of conformity of infrastructure and telecommunications and broadcasting products.
Coverage Telecommunications equipment
Sources
- https://content.next.westlaw.com/Document/I3693c65b110d11e89bf099c0ee06c731/View/FullText.html?contextData=(sc.Default)&transitionType=Default&firstPage=true
- https://www.gob.mx/se/acciones-y-programas/standards
- https://www.dof.gob.mx/nota_detalle.php?codigo=5428881&fecha=07/03/2016
- https://www.gob.mx/cms/uploads/attachment/file/346846/LEY_FEDERAL_DE_TELECOMUNICACIONES_Y_RADIODIFUSION.pdf
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