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ALGERIA

Since August 2023
Since September 2015, entry into force in December 2015

Pillar Public procurement of ICT goods and online services  |  Indicator Exclusion from public procurement
Law No. 23-12 Establishing General Rules for Public Procurement (Loi No. 23-12 Fixant les Règles Générales Relatives aux Marchés Publics)

Presidential Decree No. 15-247 on Public Procurement Regulations and Delegation of Public Services (Décret Présidentiel No. 15-247 Portant Réglementation des Marchés Publics et des Délégations de Service Public)
Art. 59 of Law No. 23-12 stipulates that, in instances where national production or national production facilities are capable of satisfying the contracting authority's requirements, the latter is obliged to issue a national invitation to tender. Furthermore, Art. 60 stipulates when the contracting authority initiates a national and/or international tender process, regardless of the chosen procedure, the contracting authority must include specifications in the tender documentation that permit the use of imported products only in instances where the equivalent local product is unavailable or of a quality that does not comply with the technical standards required. Additionally, the contracting authority must only permit the use of foreign subcontractors when domestic companies are unable to meet the contracting authority's needs.
The aforementioned requirements were already in force in Art. 85 of Presidential Decree No. 15-247 since 2015, which is still in force pending the adoption of a regulation for Law No. 23-12.
Coverage Horizontal

ALGERIA

Since August 2023
Since September 2015, entry into force in December 2015

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Law No. 23-12 Establishing General Rules for Public Procurement (Loi No. 23-12 Fixant les Règles Générales Relatives aux Marchés Publics)

Presidential Decree No. 15-247 on Public Procurement Regulations and Delegation of Public Services (Décret Présidentiel No. 15-247 Portant Réglementation des Marchés Publics et des Délégations de Service Public)
Art. 62 of Law No. 23-12 stipulates that a preference margin is granted to products of Algerian origin and/or to companies under Algerian law whose capital is majority-owned by resident nationals. Art. 111 provides that the terms of application of the provisions of this Law shall be defined by regulation. However, a regulation has not yet been adopted and, according to Art. 112, the previous provisions shall remain applicable until the adoption of the new regulatory texts. Consequently, the margin of preference is granted at a rate of 25%, in accordance with Art. 83 of Presidential Decree No. 15/247 since 2015.
Coverage Horizontal

ALGERIA

Since August 2023
Since September 2015, entry into force in December 2015

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Law No. 23-12 Establishing General Rules for Public Procurement (Loi No. 23-12 Fixant les Règles Générales Relatives aux Marchés Publics)

Presidential Decree No. 15-247 on Public Procurement Regulations and Delegation of Public Services (Décret Présidentiel No. 15-247 Portant Réglementation des Marchés Publics et des Délégations de Service Public)
Art. 82 of Law No. 23-12 stipulates that foreign companies that submit bids alone unless there are compelling reasons to do otherwise, must subcontract at least 30% of the initial contract amount to companies that are legally domiciled in Algeria. The aforementioned requirement was already in force in Art. 85 of Presidential Decree No. 15/247 since 2015, which is still in force pending the adoption of a regulation for Law No. 23-12.
Coverage Horizontal

ALGERIA

Since August 2023

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Law No. 23-12 Establishing General Rules for Public Procurement (Loi No. 23-12 Fixant les Règles Générales Relatives aux Marchés Publics)
Art. 58 of Law No. 23-12 stipulates that contracting authorities must reserve a maximum of 20% of contracts for small or micro-enterprises, start-ups, or any entity designated as such.
Coverage Horizontal

ALGERIA

Since August 2023

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Law No. 23-12 Establishing General Rules for Public Procurement (Loi No. 23-12 Fixant les Règles Générales Relatives aux Marchés Publics)
Art. 64 of Law No. 23-12 stipulates that the specifications for international calls for competition must provide foreign bidders or subcontractors with a minimum threshold of professional integration of the national workforce and qualified national executives.
Coverage Horizontal

ALGERIA

Since August 2023

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Law No. 23-12 Establishing General Rules for Public Procurement (Loi No. 23-12 Fixant les Règles Générales Relatives aux Marchés Publics)
Art. 60 of Law No. 23-12 stipulates that when the contracting authority initiates a national and/or international competitive tender process, it must include a system to guarantee the provision of training and the transfer of technology and know-how in relation to the subject of the contract.
Coverage Horizontal

ALGERIA

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)
Algeria is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status, as it is not a member of the WTO.
Coverage Horizontal

ALGERIA

Since December 2023, entry into force in December 2024

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Law No. 23-20 on the Audiovisual Activity (Loi N° 23-20 du 18 Joumada El Oula 1445 correspondant au 2 décembre 2023 relative à l’activité audiovisuelle)
Art. 4 of the Law on Audiovisual Activity restricts the operation of online audiovisual services to Algerian legal entities whose share capital is held exclusively by Algerian natural persons or by Algerian legal entities composed entirely of Algerian shareholders, thereby excluding any form of foreign ownership or participation.
Coverage Online audiovisual services

COSTA RICA

Since October 1995, as amended in June 2022

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Law No. 7.557 on General Customs (Ley No. 7.557, Ley General de Aduanas)
According to Art. 111 bis of Law No. 7.557 on General Customs, introduced in June 2022 by Art. 1.8 of Law No. 10271, the importation of goods whose total value does not exceed the threshold of 100 Central American pesos (equivalent to USD 100) are exempt from import duties. This threshold is lower than the USD 200 threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

COSTA RICA

Since January 1995
Since September 2013

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Law No. 7472 for the Promotion of Competition and Effective Consumer Defence (Ley de Promoción de la Competencia y Defensa Efectiva del Consumidor No. 7472)

Executive Decree No. 37899-MEIC, Regulations to the Law for the Promotion of Competition and Effective Consumer Defence (Reglamento a la Ley de Promoción de la Competencia y Defensa Efectiva del Consumidor No. 7472 - Decreto Ejecutivo No. 37899-MEIC)
Law No. 7472 and its accompanying Regulations establish a comprehensive framework for consumer protection that extends to transactions conducted online.
Coverage Horizontal

COSTA RICA

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

COSTA RICA

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Costa Rica 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

COSTA RICA

Since August 2005

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Law No. 8454 on Certificates, Digital Signatures and Electronic Documents (Ley de Certificados, Firmas Digitales y Documentos Electrónicos No. 8454)
Costa Rica has enacted national legislation based on the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures, namely Law No. 8454 on Certificates, Digital Signatures and Electronic Documents.
Coverage Horizontal

COSTA RICA

Since November 2018

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Procedure for the Approval of Mobile Telecommunications Devices (Procedimiento de Homologación de Terminales de Telecomunicaciones Móviles)
Under the "Procedure for the Approval of Mobile Telecommunications Devices", companies seeking to have their mobile phones certified must submit the devices for testing to experts accredited by the Telecommunications Superintendence (SUTEL)
Coverage Mobile phones

COSTA RICA

N/A

Pillar Cross-border data policies  |  Indicator Participation in trade agreements committing to open cross-border data flows
Lack of binding commitments on cross-border data transfers
Costa Rica has joined trade agreements covering cooperation commitments on open transfers of cross-border data flows. However, none of these commitments includes binding rules on cross-border data transfers. These include:
- Art. 15.5.d of the Tratado de Libre Comercio entre los Estados Unidos Mexicanos y las Repúblicas de Costa Rica, El Salvador, Guatemala, Honduras y Nicaragua;
- Art. 16.7.c of the Tratado de Libre Comercio entre la República de Colombia y la República de Costa Rica.
Coverage Horizontal

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