KAZAKHSTAN
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Lack of an independent telecom authority
Kazakhstan has a telecommunications authority: The Telecommunications Committee of the Ministry of Digital Development, Innovations and Aerospace Industry of the Republic of Kazakhstan. However, it is reported that this entity's decision-making process is not fully independent of the government.
Coverage Telecommunications sector
KAZAKHSTAN
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)
1.53%
Coverage rate of zero-tariffs on ICT goods (%)
65.87%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- 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
KAZAKHSTAN
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 Information Technology Agreement Expansion Agreement (ITA II)
Kazakhstan 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
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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KAZAKHSTAN
Since November 2015, last amended in December 2023
Since March 2018
Since March 2018
Pillar Public procurement of ICT goods and online services |
Indicator Surrender of patents, source code or trade secrets to win public tenders/Restrictions on technology standards for public tenders
Law No. 418-V ZRK of the Republic of Kazakhstan on Informatization (Қазақстан Республикасының Ақпараттандыру туралы Заңы 2015 жылғы 24 қарашадағы № 418-V ҚРЗ)
Order No. 53/НК of the Minister of Defence and Aerospace Industry of the Republic of Kazakhstan on the Approval of the Rules for the Formation and Maintenance of a Register of Trusted Software and Electronics Industry Products, as well as Criteria for Including Software and Electronics Industry Products in the Register of Trusted Software and Electronics Industry Products (Приказ Министра оборонной и аэрокосмической промышленности Республики Казахстан от 28 марта 2018 года № 53/НҚ Об утверждении Правил формирования и ведения реестра доверенного программного обеспечения и продукции электронной промышленности, а также критериев по включению программного обеспечения и продукции электронной промышленности в реестр доверенного программного обеспечения и продукции электронной промышленности)
Order No. 53/НК of the Minister of Defence and Aerospace Industry of the Republic of Kazakhstan on the Approval of the Rules for the Formation and Maintenance of a Register of Trusted Software and Electronics Industry Products, as well as Criteria for Including Software and Electronics Industry Products in the Register of Trusted Software and Electronics Industry Products (Приказ Министра оборонной и аэрокосмической промышленности Республики Казахстан от 28 марта 2018 года № 53/НҚ Об утверждении Правил формирования и ведения реестра доверенного программного обеспечения и продукции электронной промышленности, а также критериев по включению программного обеспечения и продукции электронной промышленности в реестр доверенного программного обеспечения и продукции электронной промышленности)
According to Art. 7.6 of the Informatization Law, the central executive body carrying out state regulation in the field of electronic industry is tasked with establishing a unified register of trusted software and electronic products. According to Art. 54.3.1, for the purposes of state security, only approved software may be used for public procurement and for critical information and communication infrastructure, whether state-owned or private, including telecommunication infrastructure. To become part of the register, the software applicant must transfer (i) source program codes for accounting and storage; (ii) source program codes (if any) and; (iii) a set of configurations for the licensed software of "e-government" information technology objects, as stated paragraphs 10, 11, 12 and 13 of the Order of the Minister of defence and Aerospace Industry of the Republic of Kazakhstan No. 53/НК (Rules for the formation and maintenance of a register of trusted products of the electronics and software industry, as well as the criteria for including products of the electronics industry and trusted software in the register of trusted products of the electronics and software industry). In addition, it is reported that the local content for this software must not be less than 70%.
Coverage Software
Sources
KAZAKHSTAN
Since January 2016
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Law No. 434-V on Public Procurement (Заңы № 434-V ҚРЗ.Мемлекеттiк сатып алу туралы)
According to Art. 14 of the Law on Public Procurement, national treatment for goods originating from foreign countries, as well as works and services performed by foreign suppliers, is applied only under the conditions specified in international treaties ratified by Kazakhstan. The Law also grants the Government of Kazakhstan the right to establish exemptions from national treatment for up to two years to protect the constitutional order, ensure national defence and security, safeguard the domestic market, promote economic development, and support domestic producers.
Coverage Horizontal
KAZAKHSTAN
Since January 2016
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Law No. 434-V on Public Procurement (Заңы № 434-V ҚРЗ.Мемлекеттiк сатып алу туралы)
Art. 39.3 of the Law on Public Procurement states that the purchase of periodicals on electronic carriers and information provision services from international and/or foreign information organisations may be conducted through a single-source method. In this case, the government selects the supplier through an ad hoc decision rather than a tender process. This approach is permitted when a tender fails to result in the conclusion of a public procurement contract. However, decisions regarding single sourcing are reported to lack transparency and competitiveness, creating opportunities for corrupt practices where only companies familiar to the contracting authorities succeed.
Coverage Electronic carriers, information services
KAZAKHSTAN
Reported in 2019, last reported in 2020
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Complaints on public procurement
It has been reported that practical challenges exist in applying for public tenders, particularly due to the structure of Kazakhstan's e-procurement system. Additionally, there appears to be a concerted effort to promote local suppliers through public procurement. Furthermore, the requirement for foreign bidders to obtain a digital signature certificate is said to undermine the principle of open eligibility.
Coverage Horizontal
Sources
- https://web.archive.org/web/20241211135317/https://www.oecd-ilibrary.org/sites/c11183ae-en/1/2/1/index.html?itemId=/content/publication/c11183ae-en&_csp_=e3396f039b4c40f0a76c2ce0fe7d29a9&itemIGO=oecd&...
- https://web.archive.org/web/20211205140717/https://www.worldbank.org/en/news/press-release/2020/05/26/more-unified-approach-to-public-procurement-needed-to-boost-kazakhstans-economic-recovery
KAZAKHSTAN
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)
Kazakhstan is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 2016.
Coverage Horizontal
KAZAKHSTAN
Since January 2016
Since July 1999
Since July 1999
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Government Resolution No.13 on Certain Matters Pertaining to the Implementation of State Support of Investments (Қазақстан Республикасы Үкіметінің 2016 жылғы 14 қаңтардағы № 13 қаулысы Инвестицияларды мемлекеттік қолдауды іске асырудың кейбiр мәселелерi туралы)
Law No. 451-I on Mass Media (Қазақстан Республикасының 1999 жылғы 23 шілдедегі N 451 Заңы Бұқаралық ақпарат құралдары туралы)
Law No. 451-I on Mass Media (Қазақстан Республикасының 1999 жылғы 23 шілдедегі N 451 Заңы Бұқаралық ақпарат құралдары туралы)
According to Government Resolution No. 13 on Certain Matters Pertaining to the Implementation of State Support of Investments, production of digital goods such as computers, electronic and optical products is identified as a priority area for implementation of foreign investment projects, among others and are therefore subject to investment preferences. However, certain restrictions still exist in sectors related to the digital economy. For instance, in accordance with Art. 5 of the Law on Mass Media, foreigners and foreign legal entities, as well as stateless persons, cannot directly and (or) indirectly own, use, dispose and (or) manage more than 20% of the shares of a legal entity which is the owner of a mass media organisation in Kazakhstan or carries out activities in this area, including online mass media. This requirement does not apply to internet resources intended for electronic commerce.
Coverage Online mass media
Sources
- https://web.archive.org/web/20200221195308/https://adilet.zan.kz/eng/docs/P1600000013
- https://web.archive.org/web/20190311234228/https://adilet.zan.kz/eng/docs/Z990000451_
- https://web.archive.org/web/20231003084435/https://www.state.gov/reports/2022-investment-climate-statements/kazakhstan/
- Show more...
KAZAKHSTAN
Reported in 2019, last reported in 2024
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Restriction on foreign ownership of state-controlled enterprise
In 2016, the country formally removed a 49% limit on foreign ownership of telecom companies, except for KazakhTeleCom. As of April 2024, the state-owned 71.3% of Kazakhtelecom through Samruk-Kazyna, its sovereign wealth fund.
Coverage KazakhTeleCom
Sources
- https://web.archive.org/web/20231216205632/https://www.state.gov/reports/2023-investment-climate-statements/Kazakhstan/
- https://web.archive.org/web/20230402001909/https://www.state.gov/reports/2019-investment-climate-statements/kazakhstan/
- https://web.archive.org/web/20231209144347/https://kase.kz/en/issuers/KZTK/
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JAPAN
N/A
Pillar Online sales and transactions |
Indicator Restrictions on domain names
General-Use JP Domain Names
It is reported that in order to apply for the domain name .jp, companies or individuals are required to have a permanent postal address in Japan. Second-level domains, such as co.jp, may be applied for by companies incorporated with official registration in Japan. Non-Japanese corporations registered in Japan as "Gaikoku Kaisha" (Foreign Company) may also apply for a "co.jp" domain name. To register a "co.jp" domain name, a company must be established in Japan. Foreign companies can meet this requirement by, for example, having a registered branch office.
Coverage Horizontal
JAPAN
Since February 2021
Since May 2000
Since May 2000
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Act on Improvement of Transparency and Fairness in Trading on Specified Digital Platforms (特定デジタルプラットフォームの透明性及び公正性の向上に関する法律)
Consumer Contract Act (消費者契約法)
Consumer Contract Act (消費者契約法)
The Act on Improvement of Transparency and Fairness in Trading on Specified Digital Platforms and the Consumer Contract Act provide a comprehensive framework for consumer protection that also applies to online transactions. The first was passed for the purpose of curbing digital platforms' imposition of unilateral changes to their terms of use and anti-competitive practices. The Act requires digital platform operators, which are designated by the Ministry of Economy, Trade and Industry (METI), to disclose terms and conditions for the use of their platforms, to take certain measures to promote mutual understanding of digital transactions and to file an annual report. It also applies to all operators of digital platforms that provide services to the Japanese market, regardless of where they are based. In addition, according to Art. 1 of the Consumer Contract Act, the aim it is to protect the interests of consumers and thereby contribute to the stabilisation and improvement of the general welfare and lives of the people and to the sound development of the national economy, in consideration of the disparity in the quality and quantity of information and negotiating power between consumers and traders.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240626065235/https://www.meti.go.jp/policy/mono_info_service/digitalplatform/pdf/master.pdf
- https://web.archive.org/web/20231001150256/https://www.omm.com/resources/alerts-and-publications/alerts/new-regulation-of-digital-platforms-in-japan/
- https://web.archive.org/web/20230328143356/https://www.ppc.go.jp/files/pdf/Act_on_the_Protection_of_Personal_Information.pdf
- https://web.archive.org/web/20240222205640/https://unctad.org/page/cyberlaw-tracker-country-detail?country=jp
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JAPAN
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
Japan has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
JAPAN
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Japan 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
JAPAN
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Japan 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
