TÜRKIYE
Since January 2002, as amended in February 2014
Since September 2014
Since September 2014
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Public Procurement Law - Law No. 4,734
Domestic Goods Communiqué (SGM 2014/35)
Domestic Goods Communiqué (SGM 2014/35)
In February 2014, the Turkish government started enforcing a local preference margin of 15% for middle and high technology products. Until this decision, the application of this margin was at the discretion of the authority issuing the tender. To this end, Art. 63 of the Turkish Public Procurement code (Law No. 4734) was amended as follows:
- A 15% preference margin for local service suppliers and construction works can be established at the discretion of the authority issuing the tender;
- It is mandatory to give a 15% preference margin for interested parties which offer locally produced middle and high tech products. Every January, the Ministry of Science, Industry and Technology will publish a list with the eligible products. The first list which encompassed 2139 products (including computers, mobile phones, TVs, etc.) has been published in January 2015.
Furthermore, on 13 September 2014, the Turkish government specified the conditions for what constitutes a "local product" eligible for the above preference margin for the first time. The conditions, according to Art. 4 of the Domestic Goods Communiqué, are:
- The product has to be produced by industrial enterprises which own a registration certificate issued by the Ministry of Industry. Furthermore, the product has to be listed in the category "production content" of the registration certificate;
- Important stages of the production process with products that have been produced or obtained entirely in Türkiye and from the economical point of view necessarily last fundamental processing and workmanship being done in Türkiye;
- The value of the local contribution has to be at least 51% of the final production cost.
- A 15% preference margin for local service suppliers and construction works can be established at the discretion of the authority issuing the tender;
- It is mandatory to give a 15% preference margin for interested parties which offer locally produced middle and high tech products. Every January, the Ministry of Science, Industry and Technology will publish a list with the eligible products. The first list which encompassed 2139 products (including computers, mobile phones, TVs, etc.) has been published in January 2015.
Furthermore, on 13 September 2014, the Turkish government specified the conditions for what constitutes a "local product" eligible for the above preference margin for the first time. The conditions, according to Art. 4 of the Domestic Goods Communiqué, are:
- The product has to be produced by industrial enterprises which own a registration certificate issued by the Ministry of Industry. Furthermore, the product has to be listed in the category "production content" of the registration certificate;
- Important stages of the production process with products that have been produced or obtained entirely in Türkiye and from the economical point of view necessarily last fundamental processing and workmanship being done in Türkiye;
- The value of the local contribution has to be at least 51% of the final production cost.
Coverage "Middle and high technology products", which includes mobile phones and computers
Sources
- https://www.mevzuat.gov.tr/mevzuatmetin/1.5.4734.pdf
- https://www.resmigazete.gov.tr/eskiler/2014/09/20140913-11.htm
- http://www2.ihale.gov.tr/english/4734_English.pdf
- https://www.globaltradealert.org/intervention/12413/public-procurement-preference-margin/turkey-enforced-local-preference-margin-of-15-for-middle-and-high-technology-products
- http://www.lawsturkey.com/law/public-procurement-law-4734
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TÜRKIYE
Since July 2021, until July 2026
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Antidumping, countervailing duties and safeguard measures on ICT goods
Anti dumping measure
In July 2021, the Turkish authorities imposed a definitive anti-dumping duty on imports of stainless steel welded pipes, tubes and profiles (HS:560311) from Vietnam. These products can be used for server cabinets, racks for network equipment, structures for telecommunications antennas, as well as to manufacture machinery and equipment used in the production of ICT goods. The rate of the duty ranges from 19.64% to 25%, depending on the company.
Coverage Product: Stainless steel tubes, pipes and profiles (HS:560311)
Country: Vietnam
Country: Vietnam
TÜRKIYE
Since January 2002, as amended in February 2014
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Public Procurement Law - Law No. 4,734
According to Art. 63 of the Public Procurement Law, it is possible for contracting authorities to insert provisions to the tenders documents indicating that the tender is exclusively open to domestic tenderers.
Coverage Horizontal
TÜRKIYE
Since January 2002, as amended in February 2014
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Public Procurement Law - Law No. 4,734
According to Art. 63 of the Public Procurement Law, it is possible for contracting authorities to insert provisions to the tenders documents indicating that the tender is exclusively open to domestic tenderers.
Coverage Horizontal
TÜRKIYE
Since July 2019
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Presidential Circular on Information and Communication Security Measures No. 2019/12
Circular No. 2019/12 provides that data of public institutions and organizations should not be stored in cloud storing services except for the institutions’ own private systems or local service providers controlled by the institutions.
Coverage Cloud storing services
TÜRKIYE
Since July 2019
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Presidential Circular on Information and Communication Security Measures No. 2019/12
Circular No. 2019/12 provides that data of public institutions and organizations should not be stored in cloud storing services except for the institutions’ own private systems or local service providers controlled by the institutions.
Coverage Cloud storing services
TÜRKIYE
Since July 2021, until July 2026
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Antidumping, countervailing duties and safeguard measures on ICT goods
Anti dumping measure
In July 2021, the Turkish authorities imposed a definitive anti-dumping duty on imports of stainless steel welded pipes, tubes and profiles (HS:560311) from Vietnam. These products can be used for server cabinets, racks for network equipment, structures for telecommunications antennas, as well as to manufacture machinery and equipment used in the production of ICT goods. The rate of the duty ranges from 19.64% to 25%, depending on the company.
Coverage Product: Stainless steel tubes, pipes and profiles (HS:560311)
Country: Vietnam
Country: Vietnam
TÜRKIYE
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)
0.98%
Coverage rate of zero-tariffs on ICT goods (%)
0.98%
Coverage: Digital goods
TÜRKIYE
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)
0.98%
Coverage rate of zero-tariffs on ICT goods (%)
0.98%
Coverage: Digital goods
TÜRKIYE
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 ITA Expansion Agreement (ITA II)
Türkiye 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
TÜRKIYE
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 ITA Expansion Agreement (ITA II)
Türkiye 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
PAKISTAN
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Pakistan 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
PAKISTAN
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
Pakistan has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
PAKISTAN
Since 2002
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Pakistan 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
PAKISTAN
Since October 2021
Pillar Online sales and transactions |
Sub-pillar Local presence requirement for digital services providers
Removal and Blocking of Unlawful Online Content (Procedure, Oversight and Safeguards) Rules 2020
According to Art. 7.6 of the Removal and Blocking of Unlawful Online Content (Procedure, Oversight and Safeguards) Rules 2020, Significant Social Media Companies shall: (i) appoint a grievance officer based in Pakistan; (ii) appoint a compliance officer (iii) establish an office in Pakistan with physical address preferably located in Islambad. According to Art. 2 of the law, Significant Social Media Company means and includes a Social Media Company with more than half million users in Pakistan or is in the list specially notifies by the Authority for this purpose from time to time
Coverage Internet intermediaries