CHILE
Since July 2003, as amended in December 2023
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Act No. 19.886 about the Administrative Contracts Bases for Supply and Provision of Services (Ley No. 19.886, de Bases sobre Contratos Administrativos de Suministro y Prestación de Servicios)
Pursuant to Article 7.d.1 of Act No. 19.886, “agile procurement” constitutes a procedure through which State bodies may procure goods and/or services for an amount equal to or not exceeding 100 monthly tax units (approx. USD 7.700), following a request for at least three quotations. This form of procurement must be undertaken with small‑scale enterprises and local suppliers. Art. 56 further provides that only where the requesting public body has not received any quotation from a small‑scale enterprise or a local supplier may it select a provider that does not possess those characteristics.
In addition, pursuant to Art. 61, where tenders involve an amount below 500 monthly tax units (approx. USD 38.500), municipalities, regional governments, and territorially decentralised public bodies may establish evaluation criteria that confer priority or preference upon local suppliers situated within the relevant geographical area. Such scores or weightings may not, under any circumstances, be the sole factors considered in determining the award of the most advantageous bid.
In addition, pursuant to Art. 61, where tenders involve an amount below 500 monthly tax units (approx. USD 38.500), municipalities, regional governments, and territorially decentralised public bodies may establish evaluation criteria that confer priority or preference upon local suppliers situated within the relevant geographical area. Such scores or weightings may not, under any circumstances, be the sole factors considered in determining the award of the most advantageous bid.
Coverage Horizontal
CHILE
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)
Chile 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 1997.
Coverage Horizontal
CHILE
Since June 2015
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Act No. 20.848 Establishing a Framework for Foreign Direct Investment in Chile and Creating the Respective Organization (Ley No. 20.848 Establece Marco para la Inversión Extranjera Directa en Chile y Crea la Institucionalidad Respectiva)
Act No. 20.848 sets forth that foreign investors shall be treated in the same manner as local investors. Consequently, it is forbidden to discriminate against a foreign investor or a company that is majority- or minority-owned by these types of investors. Art. 9 states that foreign investors are subject to the same legal regime as national investors without arbitrary discrimination.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231001023529/https://www.bcn.cl/leychile/navegar?idNorma=1078789
- https://web.archive.org/web/20230204023535/https://www.bcentral.cl/en/web/banco-central/news-and-publications/normative/summary-of-regulation-of-internationals-change
- https://web.archive.org/web/20241128150301/https://www.carey.cl/wp-content/uploads/filebase/filebase/noticias/_notes/Chilean-chapter-ICLG-Foreign-Direct-Investment-Regimes.pdf
- https://web.archive.org/web/20240221184813/https://www.state.gov/reports/2018-investment-climate-statements/chile/
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CHILE
Since December 2022, entry into force in February 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Commercial presence requirement for digital services providers
Law No. 21.521 Fintech Law Promoting Competition and Financial Inclusion Through Innovation and Technology in the Provision of Financial Services (Ley No. 21521 Promueve la Competencia e Inclusión Financiera a Través de la Innovación y Tecnología en la Prestación de Servicios Financieros, Ley Fintec)
Under Art. 5 of the Fintech Law, the entry into the Financial Market Commission (CMF) Register of Financial Service Providers is a prerequisite for the provision of technology-based financial services, including (a) crowdfunding platforms, (b) the operation of alternative trading systems, (c) credit and investment advice, (d) custody of financial instruments and (e) order routing and financial instrument intermediation. International businesses providing these services must be domiciled in Chile. Art. 5 mentions some entities exempt from this requirement.
Coverage Fintech sector
CHILE
Since January 1991, last amended in March 2005
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Act No. 19.039 on Industrial Property (Ley No. 19.039 de Propiedad Industrial)
Art. 2 of the Industrial Property Act states that natural or legal persons residing abroad must designate a proxy or representative in Chile to file a patent application. A patent must be registered with the National Institute for Industrial Property (INAPI). An application should be filed before the invention is disclosed to the public. A prior foreign application can be invoked in Chile within a certain period of time. The patent must fulfil three main requirements: novelty, level of invention, and industrial application.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231002213013/https://www.inapi.cl/patentes/tipos-de-patentes/invencion
- https://wipolex.wipo.int/en/treaties/parties/remarks/CL/6
- https://web.archive.org/web/20240717002030/https://www.bcn.cl/leychile/navegar?idNorma=30406
- https://web.archive.org/web/20231031232751/https://ustr.gov/about-us/policy-offices/press-office/reports-and-publications/2021
- https://web.archive.org/web/20240713184324/https://www.bcn.cl/leychile/navegar?idNorma=250708
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CHILE
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)
0.39%
Coverage rate of zero-tariffs on ICT goods (%)
81.91%
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
BOLIVIA
Since October 2012
Since November 2024
Since November 2024
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Supreme Decree No. 1391 - General Regulation to the Telecommunications and Information and Communication (Decreto Supremo No. 1391 - Reglamento General de Telecomunicaciones e Información y Comunicación)
Regulatory Administrative Resolution ATT‑DJ‑RAR‑TL LP 539/2024 – Guidelines for the Registration and Approval of Telecommunications and ICT Equipment (Resolución Administrativa Regulatoria ATT‑DJ‑RAR‑TL LP 539/2024 – Instructivo para el Registro y Homologación de Equipos de Telecomunicaciones y TIC)
Regulatory Administrative Resolution ATT‑DJ‑RAR‑TL LP 539/2024 – Guidelines for the Registration and Approval of Telecommunications and ICT Equipment (Resolución Administrativa Regulatoria ATT‑DJ‑RAR‑TL LP 539/2024 – Instructivo para el Registro y Homologación de Equipos de Telecomunicaciones y TIC)
According to Arts. 14-15 of the Supreme Decree 1391, a homologation process is needed for telecom products, which requires an administrative resolution by the "Autoridad de Regulación y Fiscalización de Telecomunicaciones y Transportes" (Regulatory Authority for Telecommunications and Transportation, ATT). Moreover, Art. 16 states that the importation of telecom equipment and antennas used for satellite reception requires prior authorisation from the ATT. It is reported that the products that require approval include: modems, wireless telephones, transceiver terminals, equipment for television broadcasting, equipment for sound broadcasting, equipment for Earth stations, power amplifiers for radio frequency, transceivers and transmitters switching stations, equipment for data networks, multiplexers, and optical line terminal equipment.
Art. 14 of the "Guidelines for the Registration and Approval of Telecommunications and ICT Equipment" stipulates that, for the homologation of any telecommunications or ICT device, terminal or equipment, the applicant must submit to the ATT, among other requirements, the following documents: a certificate of conformity for the equipment subject to homologation, issued by an international body recognised by the ATT, and laboratory test reports relating to the equipment to be approved.
Art. 14 of the "Guidelines for the Registration and Approval of Telecommunications and ICT Equipment" stipulates that, for the homologation of any telecommunications or ICT device, terminal or equipment, the applicant must submit to the ATT, among other requirements, the following documents: a certificate of conformity for the equipment subject to homologation, issued by an international body recognised by the ATT, and laboratory test reports relating to the equipment to be approved.
Coverage Telecom and ICT devices, terminals and equipment
Sources
- https://web.archive.org/web/20260129193538/https://www.att.gob.bo/sites/default/files/archivos_portada/2024-12/ATT-DJ-RAR-TL%20LP%20539_2024.PDF
- https://web.archive.org/web/20220308090550/https://att.gob.bo/sites/default/files/archivosvarios/Decreto%20Supremo%201391%20Reglamento%20General%20a%20la%20Ley%20164%20de%20Telecomunicaciones%20y%20Te...
- http://web.archive.org/web/20260210021913/https://www.larcg.com/where-we-work/bolivia/
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BOLIVIA
Since August 2000
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Regulations to the Customs Law - Supreme Decree No. 25870 (Reglamento de la Ley de Aduanas, Decreto Supremo No. 25870)
According to Art. 195 of the Supreme Decree No. 25870, 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). This regime only applies to shipments imported through the "Empresa de Correos de Bolivia" (ECOBOL), the designated postal operator. Parcel post and express shipments may be imported through ECOBOL, free of customs duties. These shipments are defined as those containing goods that are not sent by commercial companies, whose importation is neither prohibited nor subject to prior authorisation, and which meet the specified value threshold.
Coverage Horizontal
BOLIVIA
N/A
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
Bolivia lacks a framework for consumer protection applicable to online commerce.
Coverage Horizontal
BOLIVIA
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
Bolivia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
BOLIVIA
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Bolivia 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
BOLIVIA
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Bolivia 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
BOLIVIA
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
It is reported that a basic legal framework on intermediary liability beyond copyright infringement is absent in Bolivia's law and jurisprudence.
Coverage Internet intermediaries
BOLIVIA
Since November 2009
Pillar Intermediary liability |
Indicator User identity requirement
Supreme Decree No. 353 (Decreto Supremo No. 0353)
Art. 5 of Supreme Decree No. 353 provides that owners of mobile terminal equipment, as well as account holders, must register in the Registers referred to in Art. 4 either by electronic means (including websites, SMS, email, and similar channels) or by appearing in person at the offices of their service provider, and that where registration is carried out electronically, information relating to personal identity shall be verified against other public registers; Art. 4 further provides that these Registers shall contain, in the case of the Register of Ownership of Mobile Terminal Equipment, the name of the owner, the number of the personal identification document, and the International Mobile Equipment Identity (IMEI) code or its equivalent, and, in the case of the Nominal Register of Account Holders, the name of the account holder, the number of the personal identification document, and the telephone number.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20250215172338/https://www.att.gob.bo/sites/default/files/archivos_listados_pdf/2024-08-28/DECRETO%20SUPREMO%20353%20REGISTRO%20DE%20IMEIs.pdf
- https://web.archive.org/web/20210127194622/https://www.att.gob.bo/content/att-comunica-los-nuevos-usuarios-de-telefon%C3%ADa-m%C3%B3vil-que-al-momento-de-comprar-nuevas-sim
BOLIVIA
Since August 2011
Since December 2025
Since December 2025
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
General Telecommunications, Information and Communication Technologies Law (Ley General de Telecomunicaciones, Tecnologías de Información y Comunicación)
Supreme Decree No. 5509 (Decreto Supremo No. 5509)
Supreme Decree No. 5509 (Decreto Supremo No. 5509)
The General Telecommunications, Information and Communication Technologies Law regulates the telecom sector's licensing regime.
It is reported that, in 2024, the Bolivian Government refused to grant SpaceX, the owner of the Starlink satellite network, a licence to operate in the country on the grounds of data protection and national sovereignty. On 22 December 2025, however, the Government issued Supreme Decree No. 5509, which authorises global satellite internet providers such as Starlink and Kuiper to offer nationwide connectivity, and its sole article specifies that the implementation of telecommunications services through low‑Earth‑orbit satellites is permitted within Bolivian territory.
It is reported that, in 2024, the Bolivian Government refused to grant SpaceX, the owner of the Starlink satellite network, a licence to operate in the country on the grounds of data protection and national sovereignty. On 22 December 2025, however, the Government issued Supreme Decree No. 5509, which authorises global satellite internet providers such as Starlink and Kuiper to offer nationwide connectivity, and its sole article specifies that the implementation of telecommunications services through low‑Earth‑orbit satellites is permitted within Bolivian territory.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20240511191129/https://www.lexivox.org/norms/BO-L-N164.html
- https://datahub.itu.int/data/?i=100051&s=12581
- https://web.archive.org/web/20260128180527/http://www.gacetaoficialdebolivia.gob.bo/normas/verGratis_gob/281024
- https://web.archive.org/web/20260128180522/https://apnews.com/article/bolivia-paz-internet-starlink-kuiper-spacex-ecbce966d029117126eaae9ed81d4317
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