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BHUTAN

Since January 2012, entry into force in May 2012
Since March 2015, last amended in April 2022
Since July 2019

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Consumer Protection Act of Bhutan, 2012 (འབྲུག་གི་ཉོ་སྤྱོད་ཉེན་སྲུང་བཅའ་ཁྲིམས་༢༠༡༢་ཅན་མ།)

Consumer Protection Rules and Regulations, 2015 (ཉོ་སྤྱོད་ཉེན་སྲུང་བཅའ་ཡིག་དང་སྒྲིགས་གཞི་༢༠༡༥ ཅན་མ།)

Guidelines on E-commerce, 2019
The Consumer Protection Act of Bhutan, together with the Consumer Protection Rules and Regulations and the Guidelines on E-commerce, establish a comprehensive legal framework for safeguarding consumer rights, which extends to transactions conducted through online platforms.
Coverage Horizontal

BHUTAN

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

BHUTAN

Since 2006

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

BHUTAN

Since 2006

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

BHUTAN

Since January 2002

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Rules and Procedures for Imports from Third Countries
According to Section 1 of the Rules and Procedures for Imports from Third Countries, the import of goods from third countries require import licenses issued by the Department of Revenue and Customs.
Coverage Horizontal

BHUTAN

Since June 2017
Since September 2024

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
The Customs Act of Bhutan 2017 (འབྲུག་གི་ཅ་དམ་བཅའ་ཁྲིམས་ ༢༠༡༧ ཅན་མ།)

Bhutan Customs Manual 2024
According to Art. 27 of the Customs Act of Bhutan, the government may impose restrictions or prohibitions on the import of goods. Section 6.1.3 of the Bhutan Customs Manual 2024 further clarifies that the import of restricted goods requires a permit or licence issued by the competent authority. Section 6.2 provides a list of such restricted goods, which include wireless and remote sensing telecommunication and broadcasting equipment.
Coverage Telecom and broadcasting equipment

BHUTAN

Since July 2022

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Local content requirements (LCRs) on ICT goods for the commercial market
Guidelines for Licensing of OTT Services
Pursuant to Section 8 of the Guidelines for Licensing of Over-the-Top (OTT) Services, providers must ensure that at least 60% of their content is reserved for locally produced material in order to preserve and promote culturally and socially relevant content. The Guidelines define OTT as any application or service capable of delivering digital content to the public over an internet access network.
Coverage OTT services

BHUTAN

Since June 2017
Since September 2024

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Export restrictions on ICT goods or online services
The Customs Act of Bhutan 2017 (འབྲུག་གི་ཅ་དམ་བཅའ་ཁྲིམས་ ༢༠༡༧ ཅན་མ།)

Bhutan Customs Manual 2024
According to Art. 27 of the Customs Act of Bhutan, the government may impose restrictions or prohibitions on the export of goods. Section 6.1.3 of the Bhutan Customs Manual 2024 further clarifies that the export of restricted goods requires a permit or licence issued by the competent authority. Section 6.2 provides a list of such restricted goods, which include wireless and remote sensing telecommunication and broadcasting equipment.
Coverage Telecom and broadcasting equipment

BHUTAN

Since July 2019

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Rules and Regulations on the ICT Type Approval
Under Section 3.1 of the "Rules and Regulations on the ICT Type Approval", all ICT equipment intended for use in Bhutan must either obtain type approval from the Bhutan InfoComm and Media Authority (BICMA) or fall within the exemptions listed in Annexure C. To secure type approval, applicants must submit a valid business licence, a manufacturer-issued declaration of conformity for the radio and telecommunications terminal equipment (RTTE), and a test report from an internationally accredited laboratory recognised by the Authority. The report must demonstrate compliance in terms of radio frequency usage, health and safety, and electromagnetic compatibility. International applicants are additionally required to provide proof of payment. Exempted equipment includes mobile and telephone handsets, data modems, RTTE embedded in personal computers, short-range wireless devices, amateur radios, broadcast receivers, vehicle components, infrared remote controls, and military equipment. Section 2.3 authorises the acceptance of test reports and data from laboratories accredited by bodies that are signatories to the International Laboratory Accreditation Cooperation (ILAC) Mutual Recognition Agreement. The Authority may also recognise compliance certificates and declarations issued under bilateral or multilateral MRAs concluded by the Authority or the government with other states or organisations. Annexure D lists recognised international standardisation bodies.
Coverage ICT equipment

BHUTAN

Since July 2019

Pillar Online sales and transactions  |  Indicator Licensing scheme for e-commerce providers
Guidelines on E-commerce, 2019
Section 7 of the Guidelines on E-commerce mandates that both platform operators and other e-commerce operators must obtain an e-commerce licence before commencing operations. Section 5 defines a platform operator as any legal person, organisation or agency that provides cyberspace, virtual places of business, transaction matching, information distribution and related services to enable independent e-commerce activities, while other e-commerce operators are entities that sell their own goods or provide their own services through a self-established website. Section 6 complements these provisions by establishing eligibility, allowing any Bhutanese citizen aged eighteen or above, as well as any Bhutanese organisation or agency, to apply for a licence, while entities seeking to operate a national e-commerce platform selling goods certified as “Made in Bhutan” are required to obtain prior approval from the Department of Trade.
Coverage E-commerce sector

BHUTAN

Reported in 2022, last reported in 2024

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Bhutan does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal

BHUTAN

Reported in 2024

Pillar Online sales and transactions  |  Indicator Restrictions on domain names
Trade licence requirement for domain registration
It is reported that domain registration in Bhutan requires a valid trade licence for individuals applying for domain names on behalf of their company. International companies may register a ".bt" domain in their company’s name by providing documentary proof of eligibility, such as a registered trade licence. These requirements are published on the official website of the Bhutan Network Information Centre, the agency designated under Sections 352 and 355 of the Information, Communications and Media Act of Bhutan to register domain names, act as registrar, and administer and manage the country code ".bt".
Coverage Horizontal

BHUTAN

Since January 2018

Pillar Content access  |  Indicator Licensing schemes for digital services and applications
Information, Communications and Media Act of Bhutan 2018 (འབྲུག་གི་བརྡ་དོན་བརྒྱུད་འབྲེལ་དང་བརྡ་བརྒྱུད་བཅའ་ཁྲིམས་ ༢༠༡༨ ཅན་མ།)
According to Sections 90–93 of the Information, Communications and Media Act, no person shall own or operate a media facility, or provide any media service, without a valid licence. This requirement includes online media as defined in Section 464.
Coverage Online media

BHUTAN

Since July 2022

Pillar Content access  |  Indicator Licensing schemes for digital services and applications
Guidelines for Licensing of OTT Services
According to Section 6 of the Guidelines for Licensing of OTT Services, individuals or entities with a valid start-up licence may establish and operate an OTT platform for up to five years. Before the end of this period, OTT providers must apply to the Authority for an ICT service licence, which is granted for five years and subject to agreed terms and conditions. Licensed telecom and internet service providers are not required to obtain a separate licence to operate OTT services but must comply with the Guidelines and seek prior approval from the Authority.
Coverage OTT services

BHUTAN

Since July 2022

Pillar Content access  |  Indicator Licensing schemes for digital services and applications
Rules and Regulations for Publication (འབྲུག་བརྡ་དོན་བརྒྱུད་འབྲེལ་དང་བརྡ་བརྒྱུད་དབང་འཛིན།)
According to Section 2.1 of the Rules and Regulations for Publication, no person may publish books, newspapers, and periodicals, whether in physical form or as electronic publications, without holding a valid licence issued by the Bhutan InfoComm and Media Authority (BICMA). Section 2.4 sets out the eligibility criteria for applicants. A licence may be granted only to a person who:
(i) is a citizen of Bhutan;
(ii) is of sound mind;
(iii) is not a political party;
(iv) has not been declared insolvent or convicted of a criminal offence under Bhutanese law, unless their reputation has been restored through due process; and
(v) holds less than 5% of shares in any other media licence issued by the Authority.
Coverage E-publishing

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