According to Art. 14 of the Communications And Multimedia Commission Act 1998 [Act 588], the Minister may make rules, to be published in the Gazette, in respect of agreements between licensees, and foreign network facilities providers and/or network service providers. It is reported that foreign equity restrictions are imposed by the different Ministries, rather than by a central body, and they can also impose equity restrictions as a condition to obtain a license. Regarding the telecom sector, 70% foreign participation is permitted in network facilities provider or network service provider license categories, although in certain instances Malaysia has allowed greater equity participation.

The Companies Act 2016 prescribes the minimum number of directors in a company. Section 196(1) provides that a private company shall have a minimum of one director who ordinarily resides in Malaysia by having a principal place of residence in Malaysia (‘resident director’). For a public company, it shall have a minimum of two resident directors.

It is reported that the Multimedia Development Corporation (MDC) of Malaysia has publicly announced that bids from firms investing in the Multimedia Super Corridor receive priority consideration when the government awards major contracts associated with development of the corridor (i.e. flagship applications). In addition, in international tendering, domestic (bumiputera) suppliers benefit from a preferential treatment, consisting in a price bonus. For suppliers and services contracts between RM 100,000 (USD 23,500) and RM 15 million (USD 3.5 million), the margin of preference is between 2.5% and 10% and is inversely proportional to the value.
For local manufacturers producing goods locally, the margin is up to 10% for contracts valued below RM 10 million (USD 2.3 million) and up to 3% for contracts valued above RM 10 million. No preferences are provided for purchases exceeding RM 15 million. This practice seems to persist since 1995. Furthermore, it is reported that all individuals, companies or corporate bodies intending to participate in government procurement of works, supplies and services are required to be approved by and registered with the Ministry of Finance. Procurement also often goes through middlemen rather than directly with the governmental entity or is negotiated rather than tendered.

Malaysia 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 2012.

It is reported that international tendering is only allowed when goods and services are not available locally.

Malaysia is a signatory of the 1996 WTO Information Technology Agreement (ITA) and its expansion. The ITA provides for participants to completely eliminate duties on IT products covered by the Agreement.

Laos has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.

Laos has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures. Yet, in 2020, Lao PDR enacted the Law on Electronic Signature Activities providing a legal framework for the management and the use of electronic signatures.

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

The Decree on E-Commerce No. 296/GOV dated April 2021 provides a comprehensive framework for consumer protection that also applies to online transactions. The Decree sets out the regulatory framework for businesses engaged in e-commerce operations, the procedure and requirements for e-commerce contracts, and the management of e-commerce activities by the different government ministries.

According to Art. 4 of the Law on Law on Customs, the Lao PDR government should encourage individuals, entities, and organizations to participate in developing, managing, and utilizing the payment system to limit the use of foreign currencies.

According to the Decree on E-Commerce No. 296/GOV, the existing and new e-commerce businesses that trade through their platforms or electronic marketplaces are required to notify and submit documents to the Ministry of Industry and Commerce to receive an acknowledgment certificate. According to the Decree, traders using e-commerce platforms are required to provide information on goods and services, including their business operator’s information such as name, address, contact information, company registration certificate, and business operation license.

It is reported that until 2020, there were no statutory limits on foreign ownership or control of commercial enterprises for digital-related products and services. However, in practice, many companies have been seeking a local partner to enter the market. In 2021, according to the Decree on E-Commerce No. 296/GOV, foreign investment in e-commerce is subject to a limit of 90% of the entity’s shares, and a minimum registered capital of LAK 10 billion (approx. USD 1 million).

Art. 73 of the Standards Law allows agencies that grant standard-conformity certificates in Lao PDR to be accredited by an accreditation body recognized internationally or regionally.