CANADA
Since July 2017, last amended in December 2019
Since January 2022, until December 2023
Since January 2022, until December 2023
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Canadian Free Trade Agreement
Contracting Policy Notice 2021-6 Trade Agreements
Contracting Policy Notice 2021-6 Trade Agreements
The Canadian Free Trade Agreement (CFTA) is an intergovernmental trade agreement signed by Canadian ministers representing the federal government and all 13 provinces and territories. The Agreement commits provincial, territorial and federal governments to a comprehensive set of rules. The Government Procurement Chapter allows a procuring entity to limit its tendering to Canadian goods, services, or suppliers or to accord a preference for Canadian value-added, except as otherwise required to comply with international obligations, including the WTO Government Procurement Agreement (GPA) and provided that its purpose is not to avoid competition or to discriminate against any other Party's goods, services, or suppliers (Art. 503.4(b)). The preference for Canadian value-added is up to 10%, which may be awarded during the evaluation of tenders for Canadian value-added (Art. 520).
According to the Contracting Policy Notice 2021-6 Trade Agreements, the procurement thresholds are differentiated based on the procuring agency, namely Entities (departments and agencies), Crown Corporations, and other public corporations. The thresholds for Entities (departments and agencies) range from CAD 100,000 (USD 74,450 approx.) to 238,400 (USD 177,490 approx.). The thresholds for Crown Corporations and other public companies range from 602,200 CAD (USD 448,340 approx.) to 733,600 CAD (USD 546,170 approx.). These thresholds are effective from January 2022 to December 2023.
According to the Contracting Policy Notice 2021-6 Trade Agreements, the procurement thresholds are differentiated based on the procuring agency, namely Entities (departments and agencies), Crown Corporations, and other public corporations. The thresholds for Entities (departments and agencies) range from CAD 100,000 (USD 74,450 approx.) to 238,400 (USD 177,490 approx.). The thresholds for Crown Corporations and other public companies range from 602,200 CAD (USD 448,340 approx.) to 733,600 CAD (USD 546,170 approx.). These thresholds are effective from January 2022 to December 2023.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230504181109/https://www.cfta-alec.ca/wp-content/uploads/2023/01/CFTA-Consolidated-Version-January-31-2023.pdf
- https://web.archive.org/web/20230327211819/https://www.canada.ca/en/treasury-board-secretariat/services/policy-notice/contracting-policy-notice-2021-6.html
- https://web.archive.org/web/20230404021455/https://www.canada.ca/en/intergovernmental-affairs/services/internal-trade/canadian-free-trade-agreement.html
- https://web.archive.org/web/20221104032337/https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S389R1.pdf&Open=True
- https://sim.oecd.org/Simulator.ashx?lang=En&ds=STRI&d1c=cs&d2c=can
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CANADA
Since May 2021, as amended in August 2021
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Directive on the Management of Procurement
According to Appendix E of the Directive on the Management of Procurement, as amended in August 2021, federal departments and agencies are required to ensure a minimum of 5% of the total value of their contracts is held by Indigenous businesses. To support this mandatory target, Indigenous Services Canada (ISC) announced that it would invest CAD 35.2 million (Approx. USD 26.6 million) over five years to modernise the Procurement Strategy for Aboriginal Business (PSAB, renamed the Procurement Strategy for Indigenous Business (PSIB)), including expanding the scope of the mandatory set-asides and broadening the definition of eligible “Indigenous business”.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231016124553/https://www.tbs-sct.canada.ca/pol/doc-eng.aspx?id=32692
- https://web.archive.org/web/20230702063341/https://www.tbs-sct.canada.ca/pol/doc-eng.aspx?id=32692§ion=procedure&p=E
- https://web.archive.org/web/20230322091526/https://www.canada.ca/en/public-services-procurement/news/2021/08/government-of-canada-announces-federal-wide-measures-to-increase-opportunities-for-indigeno...
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CANADA
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 coverage of CPC 754 and CPC 752 in the WTO Government Procurement Agreement (GPA)
Although Canada is a signatory to the WTO Government Procurement Agreement (GPA), its coverage schedules do not include "telecommunications-related services" (CPC 754), and only one sub-sector of "telecommunications services" (CPC 752), which are both important services sectors for digital trade.
Coverage Telecommunications and telecom-related services
CANADA
Since February 1979, last amended in May 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Saskatchewan Telecommunications Act
Saskatchewan Telecommunications is the only government-owned company in the Canadian telecommunications market and it is owned by the province of the same name. According to its statutes, foreign direct investment is not allowed in this company.
Coverage Saskatchewan Telecommunications
GABON
Since December 2018, enter into force in March 2019
Since June 2019
Since June 2019
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
Regulation No. 02/18/CEMAC/UMAC/CM of 21 December 2018 on Foreign Exchange Regulations in CEMAC (Règlement No. 02/18/CEMAC/UMAC/CM du 21 Décembre 2018 Portant Réglementation des Changes dans la CEMAC)
Instruction No. 8/GR/2019 on the Conditions and Modalities for the Use of Electronic Payment Instruments Outside CEMAC (Instruction No. 008/GR/2019 Relative aux Conditions et Modalités d'Utilisation à l'Extérieur de la CEMAC des Instruments de Paiement Électronique)
Instruction No. 8/GR/2019 on the Conditions and Modalities for the Use of Electronic Payment Instruments Outside CEMAC (Instruction No. 008/GR/2019 Relative aux Conditions et Modalités d'Utilisation à l'Extérieur de la CEMAC des Instruments de Paiement Électronique)
According to the Instruction No. 8/GR/2019 issued by the Governor of the Bank of Central African States to facilitate the interpretation and implementation of the Economic and Monetary Community of Central Africa (CEMAC) Regulation 02/18/CEMAC/UMAC/CM, there is a limit of 1 million XAF (approx. USD 1,700) per month and per person for the remote settlement of transactions, including online payments. According to Arts. 7-8, justification needs to be provided above this limit. The Instruction provides guidance on the provision of Art. 34 of the Regulation, which implements certain limits for using electronic payment instruments outside the CEMAC and applies to the six CEMAC member states, including Gabon.
Coverage Electronic payment instruments
Sources
- https://web.archive.org/web/20240225073742/https://www.droit-afrique.com/uploads/CEMAC-Reglement-2018-02-changes.pdf
- https://web.archive.org/web/20221125221459/https://www.beac.int/wp-content/uploads/2020/07/Instruction-n%C2%B008-GR-2019-on-the-conditions-and-modalities-for-use-of-electronics-payment-instrument-outs...
- https://web.archive.org/web/20231207191251/https://clarenceabogados.com/client-alert/beac-instructions-to-foreign-exchange-regulations/
- https://web.archive.org/web/20241128140950/https://www.anif.cm/images/pdfanif/reglement_anglais.pdf
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GABON
Reported in 2023
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 80, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
GABON
N/A
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
Gabon does not have a legal framework that applies consumer protection to online transactions.
Coverage Horizontal
GABON
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
Gabon has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
GABON
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Gabon 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
GABON
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Gabon 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
GABON
Since February 2013
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Order No. 000198/MENCP/MPMEAC/MEEDD of 20 February 2013 Determining the Procedure for Importing Telecommunications Equipment in the Gabonese Republic (Arrêté No. 000198/MENCP/MPMEAC/MEEDD du 20 Février 2013 Déterminant la Procédure d'Importation d'Équipements des Télécommunications en République Gabonaise)
According to Art. 3 of Order No. 000198/MENCP/MPMEAC/MEEDD determining the procedure for importing telecommunications equipment into the Gabonese Republic, any import of telecommunications equipment or material, including any transmission medium, except those used for the needs of National defence and Public Security and those dedicated to the production and programming activities of sound or television broadcasting, is subject to the presentation of a Special Import authorisation (ASI) issued jointly by ARCEP and the General Directorate of Commerce.
Coverage Telecommunication equipment
GABON
Since January 2016
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Self-certification for product safety
Order No. 053/MMI/MDDEPIP of 25 January 2016 Setting the Entry into Force of Controls Relating to the Assessment of Conformity with the Standards of Imported Products (Arrêté No. 053/MMI/MDDEPIP du 25 Janvier 2016 Fixant l’Entrée en Vigueur des Contrôles Portant sur l’Évaluation de Conformité aux Normes des Produits Importés)
According to Art. 4 of the Order No. 053/MMI/MDDEPIP of January 25, 2016, setting the entry into force of the controls relating to the assessment of conformity with the standards of imported products, ICT products are part of the goods which are subject to the pre-shipment conformity assessment (HS2012: Chapters 84; 85; 90 and 95). A third-party certificate is accepted to request a certificate of conformity.
According to Art. 7, imports from countries whose agencies in charge of standardisation have a mutual recognition agreement with the Gabonese Standardisation Agency (AGANOR) are technically exempt and benefit from a simplified procedure. It is reported that the homologation process in Gabon does not require local laboratory testing or contact with local representatives.
According to Art. 7, imports from countries whose agencies in charge of standardisation have a mutual recognition agreement with the Gabonese Standardisation Agency (AGANOR) are technically exempt and benefit from a simplified procedure. It is reported that the homologation process in Gabon does not require local laboratory testing or contact with local representatives.
Coverage ICT goods
Sources
- https://web.archive.org/web/20241010024923/https://aganorgabon.com/wp-content/uploads/2020/10/Arrete-053-MMI-MDDEPIP_Entree-en-vigeur-PROGEC.pdf
- https://web.archive.org/web/20221110085903/https://verigates.bureauveritas.com/sites/verigates/files/2019-09/VoC-%20Gabon%20-%20Flyer%20-%20Export%20-%201.2%20fr.pdf
- https://web.archive.org/web/20230922220347/https://ib-lenhardt.com/type-approval/gabon
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GABON
Since February 2018
Since February 2018
Since February 2018
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Restrictions on encryption standards
Ordinance No. 00000015/PR/2018 of 23 February 2018 Regulating Cybersecurity and the Fight Against Cybercrime in the Gabonese Republic (Ordonnance No. 00000015/PR/2018 du 23 Février 2018 Portant Réglementation de la Cybersécurité et de la Lutte Contre la Cybercriminalité en République Gabonaise)
Ordinance No. 00000014/PR/2018 of 23 February 2018 Regulating Electronic Transactions in the Gabonese Republic (Ordonnance No. 00000014/PR/2018 du 23 Février 2018 Portant Réglementation des Transactions Électroniques en République Gabonaise)
Ordinance No. 00000014/PR/2018 of 23 February 2018 Regulating Electronic Transactions in the Gabonese Republic (Ordonnance No. 00000014/PR/2018 du 23 Février 2018 Portant Réglementation des Transactions Électroniques en République Gabonaise)
According to Art. 30 of Ordinance No. 00000015/PR/2018 of 23 February 2018 regulating cybersecurity and the fight against cybercrime in the Gabonese Republic, the service provider or the person providing or importing a cryptology service has to make it available to the competent cryptology authority a description of the technical characteristics of this means of cryptology, as well as the source code of the software used.
However, according to Art. 85, Ordinance No. 00000014/PR/2018 of 23 February 2018 regulating electronic transactions in the Gabonese Republic, the competent authority does not deviate from international technical standards. It is published in the Official Journal or any other legal announcement medium, and the list of international technical standards on the means and services of cryptology is recognised in Gabon.
However, according to Art. 85, Ordinance No. 00000014/PR/2018 of 23 February 2018 regulating electronic transactions in the Gabonese Republic, the competent authority does not deviate from international technical standards. It is published in the Official Journal or any other legal announcement medium, and the list of international technical standards on the means and services of cryptology is recognised in Gabon.
Coverage Cryptology services
GABON
Since February 2018
Pillar Cross-border data policies |
Sub-pillar Local storage requirement
Ordinance No. 00000015/PR/2018 of 23 February 2018 Regulating Cybersecurity and the Fight Against Cybercrime in the Gabonese Republic (Ordonnance No. 00000015/PR/2018 du 23 Février 2018 Portant Réglementation de la Cybersécurité et de la Lutte Contre la Cybercriminalité en République Gabonaise)
Art. 19 of the Ordinance Regulating Cybersecurity and the Fight Against Cybercrime mandates electronic communication network operators and information systems operators to host a copy of their connection and traffic data in the national territory.
Coverage Electronic communication network operators and information systems operators
GABON
Since February 2018
Pillar Cross-border data policies |
Sub-pillar Infrastructure requirement
Ordinance No. 00000015/PR/2018 of 23 February 2018 Regulating Cybersecurity and the Fight Against Cybercrime in the Gabonese Republic (Ordonnance No. 00000015/PR/2018 du 23 Février 2018 Portant Réglementation de la Cybersécurité et de la Lutte Contre la Cybercriminalité en République Gabonaise)
Art. 12 of the Ordinance Regulating Cybersecurity and the Fight Against Cybercrime requires electronic communications network operators to have an operational management centre for their infrastructures in the national territory.
Coverage Electronic communication network operators and information systems operators