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TURKMENISTAN

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Turkmenistan 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

TURKMENISTAN

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Turkmenistan 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

TURKMENISTAN

Reported in 2022, last reported in 2023

Pillar Online sales and transactions  |  Sub-pillar Restrictions on online payments
Restrictions to online payments
Online payment options in Turkmenistan are reported to be notably limited, with access to internationally accepted credit or debit cards being restricted. The lack of currency convertibility poses a significant challenge to e-commerce and foreign transactions. It is reported that strict currency controls have contributed to a black market exchange rate for dollars averaging more than five times the official rate in 2020-2021, making it difficult for companies to repatriate profits or convert local currency into dollars to import supplies and equipment. This persists despite Art. 32 of the Law About Trade Activities, which prohibits restrictions on the use of electronic payment methods unless stipulated by Turkmen legislation.
Coverage Horizontal

TURKMENISTAN

Reported in 2022, last reported in 2024

Pillar Content access  |  Sub-pillar Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "6.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 1 in Turkmenistan for the year 2023. This corresponds to "The government shut down domestic access to the Internet numerous times this year."
Turkmenistan has a long history of Internet outages, and online restrictions have increased in recent years. Full or partial Internet outages were recorded for five non-consecutive months in 2022. In February 2022, Turkmenistan's security services began blocking almost the entire Internet rather than individual IP addresses. In addition, in March 2022, a one-hour Internet outage was recorded in Ashgabat, the capital of Turkmenistan, which coincided with preparations for the inauguration of Serdar Berdimuhamedow. In 2022, Turkmenistan reportedly ranked tenth among the countries that suffered the most damage to their economies from government-mandated Internet outages, with Internet blackouts costing around USD 29 million to the country.
Coverage Horizontal

TURKMENISTAN

Since December 2019, last amended in June 2023

Pillar Content access  |  Sub-pillar Licensing schemes for digital services and applications
Law No. 205-VI of Turkmenistan On Licensing of Certain Types of Activities (Türkmenistanyň Kanuny No. 205-VI Işiň aýry-aýry görnüşlerini ygtyýarlylandyrmak hakynda)
Art. 22 of the Law on Licensing of Certain Types of Activities in Turkmenistan outlines that licenses are required for specific activities and operations specified by law, including the following:
- activities in the field of communications;
- activities in the field of cybersecurity; and
- publishing activities.
Coverage Communications sectors, cybersecurity activities, and publishing activities

TURKMENISTAN

Reported in 2022, last reported in 2023

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Import restrictions
It is reported that slow and bureaucratic customs procedures inhibit the efficient movement of goods and trade. Turkmenistan often requires that export and import contracts be registered at the State Commodity and Raw Materials Exchange (SCRME), the only exchange in the country. Contract registration at the commodities exchange is a cumbersome process involving approval from various agencies and ministries. The contract registration procedure at SCRME includes a justification of prices, and the contract’s feasibility is scrutinised by the Supreme Chamber of Control. The procedure applies not only to contracts signed at SCRME but also to contracts signed between third parties. All import contracts must be registered before goods are delivered to Turkmenistan.
Coverage Horizontal

TURKMENISTAN

Reported in 2022, last reported in 2023

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Export restrictions on ICT goods or online services
Export restriction
It is reported that the President and the Cabinet of Ministers must approve the export of scientific research, technology and inventions.
Coverage Horizontal

TURKMENISTAN

Since March 2010, last amended in November 2021
Since December 2013, last amended in June 2018

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
Law of Turkmenistan No. 93-IV about Communication (Türkmenistanyň Kanuny Aragatnaşyk hakynda - No. 93-IV)

Law of Turkmenistan No. 459-IV About certification (Türkmenistanyň Kanuny No. 459-IV Sertifikatlaşdyrmak hakynda)
Art. 30 of Law No. 93-IV provides that all technical means of communication used in the telecommunications or communication systems of Turkmenistan, including end devices, are subject to certification for compliance with state standards, technical conditions and other norms in accordance with the legislation of Turkmenistan. Art. 16 of Law No. 459-IV states that a certificate of conformity is issued when the product's compliance with the established requirements is confirmed by an authorised agency or other government agency, and based on it, the product manufacturer, developer, executor, seller, shipper has the right to use the state conformity mark. In addition, Art. 18 of the same law establishes that documents confirming the quality and safety of the product received outside the territory of Turkmenistan are recognised in accordance with the international agreements of Turkmenistan. In the absence of an international agreement, documents confirming the quality and safety of the product are recognised in accordance with the procedure established by the competent authority.
Coverage Telecom equipment

TURKMENISTAN

Since December 2014, last amended in November 2021

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Restrictions on encryption standards
Law of Turkmenistan No. 159-V About legal regulation of development of the Internet and rendering Internet services in Turkmenistan (Türkmenistanyň Kanuny No. 159-V Türkmenistanda Internet torunyň ösüşini we internet-hyzmatlaryny etmegi hukuk taýdan düzgünleşdirmek hakynda)
According to Arts. 30 and 31 of Law of Turkmenistan No. 159-V about legal regulation of the development of the Internet and rendering Internet services in Turkmenistan, operators of Internet network services and Internet users are liable for using non-certified means of cryptographic protection of information. However, the encryption certification requirements or a list of certified encryption programs have not been found.
Coverage Encryption programs

TURKMENISTAN

Since March 2017, entry into force in July 2017

Pillar Cross-border data policies  |  Sub-pillar Conditional flow regime
Law of Turkmenistan No. 519-V About Information on Private Life and its Protection (Türkmenistanyň kanuny No. 519-V şahsy durmuş barada maglumat we ony goramak hakynda)
According to Art. 17.2 of Law No. 519-V, the transborder transfer of personal data to the territory of foreign countries shall only take place if those countries guarantee the protection of personal data. Furthermore, Art. 17.3. points out that the cross-border transfer of personal data to the territory of foreign countries that do not ensure the protection of personal data may be carried out in the following cases: 1) if the data subject has given their written consent to the cross-border transfer of his personal data; 2) if international agreements approved by Turkmenistan provides for it; 3) if provided by the laws of Turkmenistan, if it is necessary for the purposes of protecting the principles of constitutional structure, human and civil rights and freedoms, public health and morals, public order, protecting the country and ensuring state security; 4) to protect the life, health, other legal interests, constitutional rights and freedoms of the data subject or other persons, if it is not possible to obtain the data subject's consent. Otherwise, pursuant to Art. 17.4, the international transfer of personal data abroad may be prohibited or restricted by the legislation of Turkmenistan.
Coverage Horizontal

TURKMENISTAN

N/A

Pillar Cross-border data policies  |  Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Turkmenistan has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal

TURKMENISTAN

Since March 2017, entry into force in July 2017

Pillar Domestic data policies  |  Sub-pillar Framework for data protection
Law of Turkmenistan No. 519-V About Information on Private Life and its Protection (Türkmenistanyň kanuny No. 519-V şahsy durmuş barada maglumat we ony goramak hakynda)
Act No. 519-V provides a comprehensive regime of data protection in Turkmenistan. It provides for data subject rights, data controller obligations, data transfer restrictions, and general principles for the collection and processing of personal information. It does not, however, contain data breach notification requirements, nor does it address the appointment of data protection officers. In addition to Act No. 519-V, the Code for Criminal Liability of 10 May 2010 No. 104-IV provides protection against cybercrimes, and further provisions applicable to data protection can be found in other legislation, such as the Code of Turkmenistan of 29 August 2013 No. 422-IV on Administrative offences.
Coverage Horizontal

TURKMENISTAN

Since March 2020
Since May 2013, last amended in March 2023

Pillar Domestic data policies  |  Sub-pillar Minimum period for data retention
Law of Turkmenistan No. 226-VI About the Electronic Document, Electronic Document Management and Digital Services (Türkmenistanyň kanuny No. 226-VI elektron resminama, elektron resminama dolanyşygy we sanly hyzmatlar hakynda)

Law of Turkmenistan No. 392-IV About Archives and Archiving of Turkmenistan (Türkmenistanyň kanuny No. 392-IV Türkmenistanyň arhiwleri we arhiw işi hakynda)
Art. 13 of Law No. 226-VI contains provisions for storing electronic documents and archives of electronic documents. Electronic documents must be stored on an electronic storage medium in a form that allows their integrity and authenticity to be verified on the applicable medium. The obligation to store electronic documents lies with the involved parties of electronic document management. This includes any party, whether public or private, that owns the documents, or in whose interests they are to be used, or by whom they are to be stored, protected, blocked or removed, and so forth. Subjects of electronic document management can ensure the storage of electronic documents independently and use the services of intermediaries, archival institutions, and other institutions in electronic document management. In addition, Art. 56 provides that the body considering disputes between the subjects of electronic documents, electronic document flow and digital services shall have the right to demand from all subjects involved in the compilation, transmission, receipt, processing and storage of electronic documents the necessary materials and documents concerning the subject of the dispute.
Art. 20 of Law No. 392-IV requires documents in electronic form to be retained for three years.
Coverage Horizontal

TURKMENISTAN

Since March 2021, last amended in December 2021
Since August 2015, until March 2021

Pillar Domestic data policies  |  Sub-pillar Minimum period for data retention
Law of Turkmenistan No. 335-VI About Counteraction of Legalization of Income Gained in the Criminal Way, to Financing of Terrorism and Financing of Distribution of Weapons of Mass Destruction (Türkmenistanyň kanuny No. 335-VI Jenaýatçylykly ýol bilen alnan girdejileriň kanunlaşdyrylmagyna, terrorçylygyň maliýeleşdirilmegine we köpçülikleýin gyryş ýaragynyň ýaýradylmagynyň maliýeleşdirilmegine garşy hereket etmek hakynda)

Law of Turkmenistan No. 261-V About Counteraction of Legalization of Income Gained in the Criminal Way, to Financing of Terrorism and Financing of Distribution of Weapons of Mass Destruction (Türkmenistanyň kanuny No. 261-V Jenaýatçylykly ýol bilen alnan girdejileriň kanunlaşdyrylmagyna we terrorçylygyň maliýeleşdirilmegine garşy hereket etmek hakynda)
Art. 12.6 of Law No. 335-VI provides that documents and information obtained as a result of due diligence of the client, including the client's information and correspondence with the client, documents and information on operations or transactions with cash or other property subject to mandatory control and suspicious transactions, as well as the results of the examination of all complex, unusually large and other unusual operations or transactions shall be kept by the persons carrying out the operations for a period of at least five years after the operation or transaction.
Art. 4 states that persons carrying out operations shall include, among others, natural or legal persons providing money or value transfer services; virtual asset service providers; organisers of trades and auctions; individuals and legal entities that are organisers of gambling, lotteries and electronic interactive games; and postal and telegraphic communication organisations providing money transfer services and other organisations carrying out settlements or payments.
This requirement has been in place since the implementation of Law No. 261-V (Art. 12.6), which Law No. 335-VI has replaced in March 2021
Coverage Horizontal

TURKMENISTAN

N/A

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Turkmenistan's law and jurisprudence. However, there is limited protection for telecom operators under Art. 50.2 of the Law of Turkmenistan No. 93-IV About communication (Türkmenistanyň Kanuny № 93-IV Aragatnaşyk hakynda), which establishes that the telecom operators are not responsible for the content of information transmitted by their networks.
Coverage Internet intermediaries

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