INDONESIA
Since 2016, last replaced in 2020
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Ministry of Finance Regulation No. 65/PMK.06/2016 as replaced by the Ministry of Finance Regulation No.115/PMK.06/2020
The Ministry of Finance Regulation No.115/PMK.06/2020, which replaces the Ministry of Finance Regulation No. 65/PMK.06/2016 mandates foreign entities to establish an Indonesian limited liability company before utilizing the state-owned property for undertaking the public procurement of the infrastructure projects (including telecommunication infrastructure) under the public-private partnership scheme. This requirement was already in place since 2016. Nevertheless, this represents a liberalisation for foreign companies in Indonesian public procurements, since previous required the prioritization of domestic service suppliers.
Coverage Telecommunication infrastructure
INDONESIA
Since 2012, last amended in 2019
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Government Regulation No. 82 of 2012, replaced by Government Regulation No. 71/2019 regarding the Provision of Electronic System and Transaction
Government Regulation No. 71/2019 states that the electronic systems operators for public scope should store the electronic transaction data in Indonesia, unless the technology needed is unavailable in Indonesia. Public ESOs are defined to include (a) public bodies (such as central and regional executive, legislative, judicative bodies and any other bodies established pursuant to a statutory mandate); and (b) entities appointed by public bodies to operate electronic systems on their behalf. Previously, Government Regulation 82 (Article 17) required “electronic systems operators for public service” to connect their data to a data centre and a disaster recovery centre established in Indonesian territory for law enforcement and data protection. Although “public services” was not defined under GR 82, this term had been interpreted in practice by MOCI broadly. Therefore, the local storage obligations were widely understood to cover all services offered to the public via the internet, effectively affecting many private sector companies.
Coverage Electronic systems operators for public scope
INDONESIA
Since October 2012
Since October 2019
Since October 2019
Pillar Public procurement of ICT goods and online services |
Sub-pillar Surrrender of patents, source code or trade secrets to win public tenders /Restrictions on technology standards for public tenders
Government Regulation No. 82 of 2012 on the Organization of Electronic Systems and Transactions
Government Regulation No. 71 of 2019 on the Organization of Electronic Systems and Transactions
Government Regulation No. 71 of 2019 on the Organization of Electronic Systems and Transactions
Art. 9 of the Government Regulation No. 71/2019 requires that providers of bespoke software must provide or escrow the source codes associated with their service. The requirement applies to Electronic System Provider for public scope. This requirement was already contained in Art. 8 of Government Regulation No. 82/2012, which was repealed by Government Regulation No. 71/2019.
Coverage Electronic systems operators for public scope
INDONESIA
Since March 2018, last amended in February 2021
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Regulation of the President of the Republic of Indonesia No. 16 of 2018 on Government Procurement
Art. 66 of Presidential Regulation No. 16 provides that the ministries, institutions and regional apparatuses are obligated to use domestic products. Procurement of imported goods may be conducted in the event that the goods cannot be produced domestically or domestic production volume is unable to meet the demand.
Coverage Horizontal
INDONESIA
Since August 2010, as amended in March 2018
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Presidential Regulation No. 54/2010 as amended by the Presidential Regulation No. 16/2018
According to Art. 104 of the Presidential Regulation No. 54/2010, foreign companies can only bid on a public procurement tender in cooperation with a national company (unless no national company can provide the goods and services requested) and only in bids that exceed the following thresholds:
- Rp 20 billion (approx. 1.8 million USD) for goods and other services; and
- Rp 10 billion (approx. 0.9 million USD) for consulting services.
Art. 63 of the Presidential Regulation No.16/2018 amended the minimum thresholds of bid value for foreign companies who want to cooperate with a national company to participate in the public procurement as follow:
- Rp 50 billion (approx. 4.5 million USD) for goods and other services; and
- Rp 25 billion (approx. 2.25 million USD) for consulting services.
- Rp 20 billion (approx. 1.8 million USD) for goods and other services; and
- Rp 10 billion (approx. 0.9 million USD) for consulting services.
Art. 63 of the Presidential Regulation No.16/2018 amended the minimum thresholds of bid value for foreign companies who want to cooperate with a national company to participate in the public procurement as follow:
- Rp 50 billion (approx. 4.5 million USD) for goods and other services; and
- Rp 25 billion (approx. 2.25 million USD) for consulting services.
Coverage Horizontal
INDONESIA
Since January 2014
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Ministry of Industry Regulation No. 02/M-IND/PER/1/2014
Art. 10 of Regulation No. 02/M-IND/PER/1/2014 provides that domestic service suppliers need to be prioritized. In order to be considered as a domestic service supplier, the majority of shares have to belong to an Indonesian citizen and two thirds of the board members have to be locals. If no domestic service suppliers are participating in the procurement, national service suppliers (with at least 10% of shares belonging to Indonesians) will be taken into consideration. Only when these are also unavailable will foreign service providers be allowed to participate in the procurement process as well (Art. 16(1)).
Coverage Horizontal
INDONESIA
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 Information Technology Agreement Expansion Agreement (ITA II)
Indonesia 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
INDONESIA
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)
0.87%
Coverage rate of zero-tariffs on ICT goods (%)
41.04%
Coverage: Digital goods
HONDURAS
Since 2015
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Honduras 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
HONDURAS
Since 2013
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
UNCITRAL Model Law on Electronic Signatures
Honduras 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
HONDURAS
Since April 2008
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Decree No. 24-2008, Consumer Protection Law (Ley de Protección al Consumidor)
Honduras does not have consumer protection legislation specific to online commerce. However, the Consumer Protection Law provides for the protection of consumers in transactions in the national territory. According to Article 2 of the law, the provisions established are applicable to all consumer relations that are contracted or provided in the national territory by natural or legal, public or private persons.
Coverage Horizontal
HONDURAS
Since January 2008, entry into force in June 2010
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention of Electronic Communications
UN Convention on the Use of Electronic Communications in International Contracts
Honduras has signed and ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
HONDURAS
N/A
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Honduras does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal
HONDURAS
Since December 2002
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Self-certification for product safety
General Regulations of the Framework Law for the Telecommunications Sector (Reglamento General de Ley Marco de Sector de Telecomunicaciones)
Wireless products and equipment that connects to the public switched telephone network (PSTN), along with other Radio Frequency equipment, require type approval and certification in Honduras. There is no in-country testing required and existing international test reports are accepted for the homologation process to obtain the CONATEL approval. Technical documents are reviewed and validated in the approval process. Homologation can also be done through an international entity (Title V, arts. 213-220 B of the General Regulation to the Telecommunications Law). Products requiring CONATEL (Comisión Nacional de Telecomunicaciones) approval include: PBX; routers, modems, and gateways; RFID and Bluetooth modules; cell phones.
Coverage PBX; routers, modems, and gateways; RFID and Bluetooth modules; cell phones
Sources
- https://honduras.eregulations.org/media/CONATEL%20NR011-15.pdf
- https://www.itu.int/en/ITU-D/Regional-Presence/Americas/Documents/EVENTS/2015/1110-NI-C-I/CI%20Assessment%20Report_COMTELCA-SP.pdf
- https://www.trade.gov/country-commercial-guides/honduras-standards-trade
- https://www.itu.int/en/ITU-D/Technology/Documents/Events2016/CI_Training_AMS_Campinas_June16/Presentations/Part1/08_6%20Honduras.pdf
- https://www.conatel.gob.hn/doc/Regulacion/leyes/REGLAMENTO_GENERAL.pdf
- Show more...
HONDURAS
Since May 2011
Pillar Intermediary liability |
Sub-pillar Monitoring requirement
Normative Resolution 004/11, Regulations on Internet Service or Access To Networks (NR004/11, Reglamento de Servicio de Internet o Acceso a Redes Informáticas)
Art. 22 of the Normative Resolution 004/11 (NR004/11), which requires that the Internet Service Providers (ISPs) shall provide a security system to prevent, control and detect illegal activities that may be committed by users. The service operators shall inform the competent authority in writing and provide necessary collaboration during the investigative stage if illegal activities are committed by users under such system.
Coverage Internet intermediaries