Database

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TAJIKISTAN

Since March 2016, as amended in August 2018

Pillar Foreign Direct Investment in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Tajikistan Investment Act No. 1299
(Қонуни Ҷумҳурии Тоҷикистон "Дар бораи сармоягузорӣ")
According to Art. 5.1 of the Investment Act No. 1299, investment in certain sectors can be restricted based on national interest, but there are no documents clarifying which are these sectors.
Coverage Horizontal

TAJIKISTAN

N/A

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Tajikistan is not a party to the World Trade Organisation (WTO) Agreement on Government Procurement (GPA). However, it has had observer status since 2014.
Coverage Horizontal

TAJIKISTAN

Since March 2023

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Law on Public Procurement of Goods, Works and Services Act. No 1955 (Қонуни Ҷумҳурии Тоҷикистон "Дар бораи хариди давлатӣ")
According to Art. 21 of Law No. 1955, in accordance with normative legal acts, the contracting organisations shall implement measures that contribute to the sustainable and social development of the Republic of Tajikistan. These measures are aimed at expanding opportunities for small and medium-sized enterprises, including women entrepreneurs. In addition, the authorised state body has the right to provide in the procedural rules for public procurement for the division of the procurement into lots, also with the purpose of increasing the participation opportunities for small and medium-sized enterprises. The latter must be specified in the contract notice.
Coverage Horizontal

TAJIKISTAN

Reported in 2023

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
Corruption in public procurement has been reported. It is reported that tax inspections are the most common form of ordinary corruption that foreign investors usually encounter.
Coverage Horizontal

TAJIKISTAN

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)
Tajikistan 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
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'TJ')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"50126"},{"post_id":"50127"},{"post_id":"50128"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'TJ')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'TJ')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"0.50"}]

TAJIKISTAN

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)
3.49%
Coverage rate of zero-tariffs on ICT goods (%)
47.80%
Coverage: Digital goods

TRINIDAD AND TOBAGO

Since 2011

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signatures
UNCITRAL Model Law on Electronic Signatures
Trinidad and Tobago 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

TRINIDAD AND TOBAGO

Since 2011

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Trinidad and Tobago 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

TRINIDAD AND TOBAGO

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
Trinidad and Tobago has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

TRINIDAD AND TOBAGO

Since April 2011, last amended in 2014

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Electronic Transactions Act
The Electronic Transactions Act regulates provides a comprehensive framework for consumer protection that also applies to online transactions. Arts. 55-57 of the law establish the minimum information a consumer has to obtain from the provider, which includes legal name of the provider, means of contact, accurate and accessible information about the good or service, terms and conditions of the payment, a copy of the contract and any details about conditions and policies related to, privacy, withdrawal, termination, return, exchange, cancellation, refunds and electronic authentication. If the above is not provided, the consumer has 30 calendar days to rescind the contract, provided they have not received material benefit.
Coverage E-commerce sector

TRINIDAD AND TOBAGO

N/A

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Trinidad and Tobago does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal

TRINIDAD AND TOBAGO

Since July 2001
Since February 2008

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
Telecommunications Act

The Equipment Certification and Standardisation Framework for the Telecommunications and Broadcasting Sectors in Trinidad and Tobago, February 2008
Section 48 of the Telecommunications Act indicates that the Telecommunications Authority of Trinidad and Tobago (TATT) is responsible for establishing technical standards and equipment certification of telecommunications and radio communications equipment. TATT has done this through the “Equipment Standardisation and Certification Framework for the Telecommunications and Broadcasting Sectors of Trinidad and Tobago” published September 2008. The regulation mandates that telecommunications equipment must be certified by applying to the TATT with the "Equipment Certification Application Form". Within the documents and information to be provided, applicants include the International Standardisation certification (FCC, Industry Canada, DoC). Therefore, Trinidad and Tobago recognises international and third-party certifications, but they are merely supporting documents to the application and do not exempt the supplier of a product from applying locally.
Self-certification is not permitted in Trinidad and Tobago, for either local or foreign businesses, as a Supplier's Declaration of Conformity (SDoC) is not an acceptable certification of compliance with standards by itself.
Coverage Telecom equipment

TRINIDAD AND TOBAGO

Reported in 2021

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Mandatory SIM card registration
It is reported that Trinidad and Tobago imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card, or a passport in case of foreigners, to activate a new prepaid SIM card.
Coverage Telecommunications sector

TRINIDAD AND TOBAGO

Since April 2011, last amended in 2014

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for copyright infringement
Electronic Transactions Act
Art. 50 of the Electronic Transactions Act regulates the liability of intermediaries and telecommunications service providers, providing a framework to limit the liability of intermediaries. Art. 50 (1) indicates that an intermediary or telecommunications service provider who simply acts as a conduit for the transmission of data messages, records or information in electronic form is not be liable for the content thereof, provided that the intermediary or telecommunications service provider is not aware of criminal intent.
Art. 50 (4) states that an intermediary or a telecommunications service provider is not be liable under the Copyright Act for either:
- The infringement of copyright in any work or other subject matter in which copyright subsist; or
- The unauthorised use of any public performance, the duration of which the copyright period has not expired.
Coverage Internet intermediaries

TRINIDAD AND TOBAGO

Since April 2011, last amended in 2014

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Electronic Transactions Act
The Electronic Transactions Act, through Art. 50(1) indicates that an intermediary or telecommunications service provider who simply acts as a conduit for the transmission of data messages, records or information in electronic form is not be liable for the content thereof, provided that the intermediary or telecommunications service provider has no actual knowledge or is not aware of facts that would to a reasonable person, indicate a likelihood of criminal liability or liability for a tort in respect of material on the network of an intermediary or telecommunications service provider.
Coverage Internet intermediaries

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