Database

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MEXICO

Since December 1993, last amended in May 2024

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Foreign Investment Act (Ley de Inversión de Extranjera)
Mexico subjects certain foreign acquisitions to prior authorisation by the National Commission on Foreign Investment (CNIE). Under Art. 9 of the Foreign Investment Act, CNIE approval is required where a foreign investor seeks to acquire, directly or indirectly, more than 49% of a Mexican company and the target company’s total assets exceed the annual threshold determined by the CNIE. In 2025, the threshold is set at approximately USD 1.6 million.
In assessing authorisation requests, the CNIE considers, inter alia, expected effects on employment and training, the investment’s technological contribution, compliance with environmental requirements, and impacts on competitiveness, and it may impose only conditions that do not distort international trade (Art. 29). The CNIE may also deny authorisation on national security grounds (Art. 30).
Coverage Horizontal

MEXICO

Since January 2021

Pillar Cross-border data policies  |  Indicator Conditional flow regime
Provisions on Electronic Payment Fund Institutions (Disposiciones aplicables a las instituciones de fondos de pago electrónico a que se refieren los artículos 48, segundo párrafo; 54, primer párrafo, y 56, primer y segundo párrafos de la Ley para Regular las Instituciones de Tecnología Financiera)
There are concerns that Art. 50 of the Provisions on Electronic Payment Fund Institutions might force firms to choose only cloud providers based in Mexico, thus indirectly imposing a local data processing requirement. The law requires electronic payment fund institutions to use secondary cloud services provided by a company that is not subject to a different jurisdiction. That would mean that the secondary cloud provider would need to be subject to the Mexican jurisdiction and, therefore, be located in the country.
Coverage Electronic payment fund institutions
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'MX')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"112829"},{"post_id":"112830"},{"post_id":"112831"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'MX')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'MX')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"1.00"}]

MEXICO

ITA signatory? I II

MEXICO

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 the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Mexico is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods

MEXICO

Since April 2025

Pillar Public procurement of ICT goods and online services  |  Indicator Exclusion from public procurement
Public Sector Procurement, Leasing and Services Act (Ley de Adquisiciones, Arrendamientos y Servicios del Sector Público)
Pursuant to Art. 39.3 of the Public Sector Procurement, Leasing and Services Act, public tenders may be conducted under three modalities: (i) national, limited to Mexican suppliers or to suppliers offering goods or services with at least 50% national content; (ii) international under treaty coverage, open to Mexican suppliers and to suppliers from countries with which Mexico has an applicable free trade agreement or other procurement-covered treaty; and (iii) open international, in which both domestic and foreign suppliers may participate regardless of nationality.
Art. 39.3 further provides that the open international modality may be used only where: (i) a national tender has been declared void; (ii) its use is required under an external-loan arrangement; (iii) market research shows that a foreign option is more cost-effective even after applying a domestic preference margin of up to 15%; or (iv) market research indicates that suitable suppliers or goods are unavailable, or cannot meet the required quantity, quality, or delivery timeframe, either in Mexico (where the procurement is not treaty-covered) or in Mexico and the relevant treaty-partner countries (where the procurement is treaty-covered).
In addition, Art. 39.1 provides that national tenders are restricted to persons of Mexican nationality and require that the goods be produced in Mexico with at least 65% national content, calculated on the basis of labour, inputs/assets, and other factors determined through general rules issued by the Ministry of Economy. National tenders may be used where the contract value falls below the thresholds established in Mexico’s procurement-covered treaties, or where the relevant goods are subject to a treaty reservation.
Coverage Horizontal

MEXICO

Since December 2025
Since April 2025

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Regulations of the Public Sector Procurement, Leasing and Services Act (Reglamento de la Ley de Adquisiciones Arrendamientos y Servicios del Sector Público)

Public Sector Procurement, Leasing and Services Act (Ley de Adquisiciones, Arrendamientos y Servicios del Sector Público)
Pursuant to Art. 113 of the Regulations to the Public Sector Procurement, Leasing and Services Act, where procurement is carried out under exceptions to open tendering (as provided in Art. 55 of the Act), agencies must award at least 50% of the annual value of acquisitions to MSMEs, cooperatives, social economy entities certified by the National Institute of Social Economy (NISE), and priority groups. At least 25% of that value must be awarded specifically to cooperatives and to National Institute of Social Economy–certified social economy entities.
In addition, Art. 48 of the Act provides that, in the event of a tie in an open tender, preference must be given to cooperatives and to NISE–certified social economy organisations, including those that promote the labour-market inclusion of women and vulnerable persons and those constituted by priority groups, provided they hold the relevant incorporation and registration documentation under the applicable legal framework.
Coverage Horizontal

JAMAICA

N/A

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Lack of self-declaration of conformity (SDoC)
It is reported that market approval for products using radio technologies in Jamaica is granted by the Spectrum Management Authority (SMA). The SMA certification is a national certification scheme based on the specifications of the Conformité Européenne (CE) marking, the Radio Equipment Directive (RED), and the Federal Communications Commission (FCC) certification. However, it is reported that, in Jamaica, typically one sample of the product is required for approval requests.
Tests and certificates issued for CE marking and FCC certification can be reused for SMA certification. Type approval for Radio Communication equipment in Jamaica is obtained through the recognition of type approval test reports prepared in accordance with international standards. However, technical documents must be reviewed and validated by the Bureau of Standards, Jamaica.
Coverage Cell phones, RFID equipment, Bluetooth devices, WiFi products, PSTN equipment

JAMAICA

Since May 2014, as amended in April 2024

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Low de minimis threshold
According to the Jamaica Customs Agency official website, the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 100, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

JAMAICA

Since April 2007, last amended in March 2023
Since June 2005, last amended in March 2019

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
The Electronic Transactions Act

The Consumer Protection Act
The Electronic Transactions Act and the Consumer Protection Act provide a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal

JAMAICA

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

JAMAICA

Since 2000

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Jamaica 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

JAMAICA

Since 2006

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
UNCITRAL Model Law on Electronic Signatures
Jamaica 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

JAMAICA

Since November 1987
Since March 2000, last amended in May 2012

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Radio and Telegraph Control (Dealers and Experimental Radio Station Licences) Regulations, 1987

The Telecommunications Act, 2000
Under Regulation 26(1)–(3) of the Radio and Telegraph Control (Dealers and Experimental Radio Station Licences) Regulations, 1987, subject to the applicable exceptions, a person may not import or otherwise bring into Jamaica apparatus designed to emit radio waves unless a valid licence authorising its use is produced to Customs. Customs officers must detain radio apparatus brought into Jamaica in breach of this requirement. The measure is based on the technical characteristics of the equipment and may cover radio-transmitting equipment classified under parts of HS 8517 and HS 8525, including two-way radios, base stations and broadcasting transmitters, depending on whether the equipment requires an individual spectrum licence.
In addition, according to Art. 9 of the Telecommunications Act, 2000, no person may sell, trade in or import any prescribed telecom equipment unless they hold a dealer’s licence. Pursuant to Art. 13 of the Act, upon receipt of a recommendation from the Office, the Minister may grant a dealer’s licence authorising the licensee to sell, trade in or import such prescribed telecom equipment.
Coverage Telecom equipment

JAMAICA

Since June 2020, entry into force in December 2023

Pillar Cross-border data policies  |  Indicator Conditional flow regime
The Data Protection Act, 2020
According to Section 1 of Art. 31 of The Data Protection Act, personal data shall not be transferred to a State or territory outside of Jamaica unless that State or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data. However, according to Section 3 of Art. 31, the aforementioned condition is not necessary for a transfer that falls within any of the cases specified in subsection 4, including:
- The interested individual consents to the transfer;
- The transfer is necessary for the performance of a contract between the data subject and the data processor;
- The transfer is necessary for reasons of substantial public interest;
- The transfer is necessary for the purpose of, or in connection with, any legal proceedings (including possible legal proceedings);
- The transfer is necessary to protect the vital interests of the data subject;
- The transfer is made on terms that are of a kind approved by the Commissioner as ensuring adequate safeguards for the rights and freedoms of data subjects;
- The Commissioner has authorised the transfer to be made in a manner that ensures adequate safeguards for the rights and freedoms of data subjects;
- The transfer is necessary for the purposes of national security or the prevention, detection, or investigation of criminal offences.
Coverage Horizontal

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