EL SALVADOR
Since April 1997
Pillar Telecom infrastructure and competition |
Sub-pillar Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
El Salvador has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
Sources
- https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_highlights_commit_exempt_e.htm#country
- https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_commit_exempt_list_e.htm#fntext1
- http://www.esf.be/pdfs/GATS%20UR%20Commitments/El%20Salvador%20UR%20SoC29%20Supplement%201%20Telecom.pdf
- Show more...
EL SALVADOR
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
El Salvador does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, it is reported that there is an obligation of accounting separation since 1998. According to Art. 25 of the Telecommunications Law Regulations, in order to ensure the allocation of differentiated costs for the establishment of the maximum values of basic interconnection charges and basic rates for fixed and mobile telephony, operators must keep separate accounts.
Coverage Telecommunications sector
EL SALVADOR
Since August 1993, as amended in January 2006
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Intellectual Property Law (Ley de Propiedad Intelectual)
The Intellectual Property Law provides a framework for effective protection of trade secrets. Title IV of the Intellectual Property Law (Art. 177 and following) regulates the protection of industrial or commercial secrets and evidence data.
Coverage Horizontal
EL SALVADOR
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Passive infrastructure sharing obligation
Lack of mandatory functional separation for dominant network operators
It is reported that there is no obligation for passive infrastructure sharing in the El Salvador to deliver telecom services to end users. However, it is practiced in the mobile sector and in the fixed sector based on commercial agreements.
Coverage Telecommunications sector
EL SALVADOR
Since May 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
WIPO Performances and Phonogram Treaty
El Salvador has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
EL SALVADOR
Since March 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Copyright Treaty
WIPO Copyright Treaty
El Salvador has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
EL SALVADOR
Since August 1993
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Intellectual Property Law (Ley de Propiedad Intelectual)
El Salvador has a copyright regime under the Intellectual Property Law. However, the exceptions does not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Art. 44 lists the exceptions, which include activities carried out in family circles without lucrative purposes, of general utility, of didactic purposes, those used for people with disabilities, for commercial demonstrations, and those with charitable purposes.
Coverage Horizontal
EL SALVADOR
Reported in 2017, 2018
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
It is reported that the rate of unlicensed software installation in El Salvador was 80% in 2017 (above the 52% rate of the Latin American countries) for an estimated commercial value of USD 61 million.
Coverage Horizontal
EL SALVADOR
Since August 2006
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
El Salvador is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
EL SALVADOR
Reported in 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Complaint about short notice in bidding procedures
Some companies have expressed concerns about Salvadoran Government agencies not providing sufficient advance notice to foster wide participation in bidding procedures or public-private partnership projects.
Coverage Horizontal
EL SALVADOR
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
El Salvador is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
EL SALVADOR
Since November 2019
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Public Administration Procurement and Contracting Law, Decree No. 868 (Ley de Adquisiciones y Contrataciones de la Administración Pública, Decreto No. 868)
Art. 39C of Decree No. 868 states that the entities of the Public Administration and Municipalities must acquire or contract from national micro and small companies at least 25% of the annual budget allocated for acquisitions and contracting of goods and services, provided that they guarantee the quality of such goods and services. Moreover, if there are equal evaluations, the national offer must be preferred.
Coverage Horizontal
EL SALVADOR
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement Expansion Agreement (ITA II)
El Salvador is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996, but is not a signatory of its 2015 expansion (ITA II).
Coverage ICT goods
EL SALVADOR
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Effective tariff rate to ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
1.05%
Coverage rate of zero-tariffs on ICT goods (%)
76.81%
Coverage: Digital goods
ECUADOR
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Ecuador 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