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TURKMENISTAN

Reported in 2022

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Reported limitations on foreign participation in public procurement
It is reported that a company interested in participating in the tender process must submit all the tender documents to the respective ministry or agency in person. Many foreign companies with no presence in Turkmenistan provide a limited power of attorney to local representatives, who then submit tender documents on the company’s behalf. A list of required documents for screening is usually provided by the state agency announcing the tender. It is also reported that the tender process is opaque and difficult to navigate, particularly for companies outside Turkmenistan, and not all tenders are publicly announced. Many tenders are not fully available online and require a local agent to pay a fee to obtain the information on paper.
It is reported that before most contracts can be signed, the agreement must be approved by the State Commodity and Raw Materials Exchange, the Central Bank, the Supreme Control Chamber, and the Cabinet of Ministers. It is also reported that the approval process is not transparent and often appears politically driven.
Coverage Horizontal

TURKMENISTAN

N/A

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Signatory of the World Trade Organization (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)
Turkmenistan is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), as it is not a member of the WTO.
Coverage Horizontal

TURKMENISTAN

Reported in 2022

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Limits on foreign investment
According to Art. 2 of Law of Turkmenistan No. 698-XII on Investment Activity in Turkmenistan (Türkmenistanyň Kanuny № 698 - XII Türkmenistanda maýa goýum işi hakynda), investments by foreign states, legal entities, individuals and persons without citizenship, as well as joint investments by Turkmenistan and foreign states, legal entities, individuals and persons without citizenship, are permitted. The same is confirmed in Art.3 of Law of Turkmenistan of 3 March 2008 No. 184-III about foreign investments (Türkmenistanyň Kanuny 2008-nji ýylyň 3-nji marty № 184-III Daşary ýurt maýa goýumlary hakynda). Moreover, according to Art. 8.1 of Law No. 184-III, it is understood that the legal regime of foreign investors and companies with foreign investment and the use of profits from the investment cannot be less favourable than the legal regime of activities and the use of profits from the investment provided by domestic investors.
However, it is reported that there is tight state control of the economy, and the government has only allowed significant foreign ownership and foreign direct investment in the energy sector.
Coverage Horizontal

UGANDA

Reported in 2021

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Uganda does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties. However, it is reported that there is an informal threshold of USD 50.
Coverage Horizontal

UGANDA

Since March 2011

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Electronic Transactions Act No. 8 of 2011
The Electronic Transactions Act provides a comprehensive framework for consumer protection that also applies to online transactions. Sections 24-28 set consumer protection requirements for ICT suppliers, including providing relevant information such as the legal names, addresses of the supplier(s), price, description, and applicable warranties of products, as well as provisions for cancellation of electronic transactions.
Coverage Horizontal

UGANDA

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the United Nations (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
Uganda has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

UGANDA

Since 2011

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Uganda 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

UGANDA

Since 2011

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
UNCITRAL Model Law on Electronic Signatures
Uganda 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

UGANDA

Since February 2019

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Local content requirements (LCRs) on ICT goods for the commercial market
Investment Code Act of 2019
The Investment Code Act (ICA) underscores the importance of the Government’s national content policy and the Buy Uganda Build Uganda (BUBU) policy, which requires foreign investors to use local services, raw materials and labour. Under the ICA, investment licenses carry specific performance conditions varying by sector, such as the use of Ugandan goods and services to the greatest extent possible. Section 17 provides for the requirements for application of an investment licence, including local content requirements which every investor must meet before an investment certificate can be issued.
Coverage Horizontal

UGANDA

N/A

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
Supplier Declaration of Conformity not allowed for foreign businesses
The Uganda National Bureau of Standards (UNBS) does all product testing, including that of electronic equipment. Self-certification is not accepted. The Electrical Testing laboratory carries out an analysis of electrical products and appliances to assess their compliance with Uganda and international standards. There are also fees charged for testing of these equipment.
The Qmark is recognised by all East Africa Partner States. Products containing this mark are automatically recognised in another East African Community (EAC) Partner State's conformity assessment or certification of a product by exporting to an EAC Partner State.
Coverage Electronic equipment

UGANDA

Since February 2019, entry into force in May 2019

Pillar Domestic data policies  |  Sub-pillar Requirement to allow the government to access personal data collected
Data Protection and Privacy Act, 2019
Section 7 of the Data Protection and Privacy Act provides that, where necessary for the proper performance of a public duty by a public body, cases of national security or for the prevention, detection, investigation, prosecution, or punishment of an offence or breach of law, or for medical purposes, the public authority may collect data even at the objection of the data subject. It is not clarified whether a court order is needed.
Coverage Horizontal

UGANDA

Since August 2010

Pillar Domestic data policies  |  Sub-pillar Requirement to allow the government to access personal data collected
Regulation of Interception of Communications Act of 2010
The Regulation of Interception of Communications Act of 2010 introduces obligations to intermediaries to collect customer information (names, addresses, ID numbers), install surveillance equipment, and disclose information to authorities when presented with a warrant. It is, however, reported that state security agents violated such provisions in 2018 when security agents stormed a telecom provider’s data centre without a court warrant.
In addition, intermediaries are obliged to assist “the monitoring centre” and ensure that their services can render real-time interception. Failure to assist the monitoring centre is an offence that, upon conviction, may result in a fine, imprisonment for up to five years, or cancellation of the intermediary license. In addition, an application for interception can be made orally before a judge as long as the written application follows within 48 hours of the oral application.
Coverage Intermediaries

UGANDA

Since March 2011

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for copyright infringement
Electronic Transactions Act No. 8 of 2011
The Electronic Transactions Act No. 8 of 2011 establishes a safe harbour regime for intermediaries for copyright infringements. According to Section 29 of the Act No. 8 of 2011, a service provider is not subject to civil or criminal liability with respect to third-party material, which is in the form of electronic records to which it merely provides access. This is provided that the intermediary is not directly involved in the making, publication, dissemination, or distribution of the material or a statement made in the material or the infringement of any rights subsisting in or in relation to the material. In addition, pursuant to Art. 30 of the Act, service providers are not liable for infringement for referring or linking to a “data message or infringing activity” if the service provider is unaware of the infringement, does not receive financial benefit from the infringement, and “removes or disables access to the reference or link to the data message or activity within a reasonable time after being informed that the data message or the activity relating to the data message infringes the rights of the user.”
Coverage Internet intermediaries

UGANDA

Since March 2011

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Electronic Transactions Act No. 8 of 2011
The Electronic Transactions Act No. 8 of 2011 establishes a safe harbour regime for intermediaries beyond copyright infringements. According to Section 29 of the Act No. 8 of 2011, a service provider is not subject to civil or criminal liability with respect to third-party material, which is in the form of electronic records to which it merely provides access. This is provided that the intermediary is not directly involved in the making, publication, dissemination, or distribution of the material or a statement made in the material or the infringement of any rights subsisting in or in relation to the material. In addition, pursuant to Art. 30 of the Act, service providers are not liable for infringement for referring or linking to a “data message or infringing activity” if the service provider is unaware of the infringement, does not receive financial benefit from the infringement, and “removes or disables access to the reference or link to the data message or activity within a reasonable time after being informed that the data message or the activity relating to the data message infringes the rights of the user.”
Coverage Internet intermediaries

UGANDA

Since August 2010

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Regulation of Interception of Communications Act of 2010
Section 9 of the Regulation of Interception of Communications Act obliges all telecommunication service providers to ensure that, before they enter into a contract with any person for the provision of telecommunication services, such a person is duly registered. Every person who purchases a SIM card for telecommunications or internet services is required to register their personal details.
Coverage Telecommunications sector

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