Database

Browse Database

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) with coverage of the most relevant services sectors (CPC752, 754, 84)
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
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'SV')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"43670"},{"post_id":"43671"},{"post_id":"43672"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'SV')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'SV')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"0.50"}]

EL SALVADOR

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on ICT goods  |  Sub-pillar Effective tariff rate on 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

Since 2002

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Ecuador 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

ECUADOR

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signatures
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

ECUADOR

N/A

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

ECUADOR

Since April 2002
Since July 2000, last amended October 2011

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Law No. 2002-67 - Electronic Commerce, Electronic Signatures and Data Messages Law (Ley No.2002-67-Ley de Comercio Electrónico, Firmas Electrónicas y Mensajes de Datos)

Organic Law on Consumer Defense (Ley Orgánica de Defensa del Consumidor)
The Electronic Commerce, Electronic Signatures and Data Messages Law and the Organic Law on Consumer Defense provide a comprehensive framework for consumer protection that also applies to online transactions. Arts. 36-39 of the former, provides information about administrative entities of regulation, authorization, and registration. Arts. 41-42 establish the bout sanctions for illegal activities of merchants. And Arts. 48-50 clarifies consumers' right, including the consent to the acceptance to data messages and the protection for consumers' information. In addition, the Organic Law on Consumer defense also provides additional safeguards for consumer protection online.
Coverage Horizontal

ECUADOR

Since November 1999, last amended in December 2017

Pillar Online sales and transactions  |  Sub-pillar Local presence requirement for digital services providers
Company Law (Ley de las Compañías)
According to Art. 415 of Company Law, foreign companies must appoint at least one representative to carry out all legal acts and businesses that are destined to take effect in the national territory. This representative must be able to answer the demands and comply with the obligations. In addition, they must constitute in Ecuador a capital destined for the activity to be developed.
Coverage Horizontal

ECUADOR

Since April 2021

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Comex Resolutions 005-2021 (Resolución No. 005-2021)
Following Art. 3 of Comex Resolutions 005-2021, Ecuador's de minimis threshold, which is the minimum value of goods below which customs do not charge duties, increased to 400 USD and 4kg. However, this applies only to non-commercial postal shipments, while it is reported that express shipments pay 42 USD import tax per shipment - regardless of value.
Coverage Horizontal

ECUADOR

Since June 2017

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
Regulation for approval and certification of telecommunications terminal equipment (Reglamento para homologación y certificación de equipos terminales de telecomunicaciones)
It is reported that in 2018, the local regulator Telecommunication Regulation and Control Agency (ARCOTEL) expressed interest in conducting in-country testing and homologation certification, with the goal of becoming the exclusive homologation lab for Ecuador, which means all manufacturers need to have their products certified in Ecuador, and certifications from internationally recognized homologation labs would no longer be recognized. However, according to Art. 17 of the Regulation for approval and certification of telecommunications terminal equipment, the homologation of terminal equipment issued by other countries may be recognized by ARCOTEL, as long as there are cooperation or mutual recognition agreements. The following products require ARCOTEL’s approval: terminals for Advanced Mobile Service (SMA); terminals for the Carrier Service (P); terminals for the Fixed Telephone Service (STF); terminals for the Telecommunications Satellite Service (TTS); terminals for Internet Access (AI); terminals for the Trunked Service (T); terminals for Community Service (C).
Coverage Telecommunications equipment

ECUADOR

Since February 2015

Pillar Content access  |  Sub-pillar Restrictions on online advertising
Organic Law on Telecommunications (Ley Orgánica de Telecomunicaciones)
According to Art. 98 of the Organic Law on Telecommunications, all the advertising that is disseminated in Ecuadorian territory through the media must be produced in Ecuadorian territory by Ecuadorian natural persons or foreigners residing in Ecuador, or produced abroad by Ecuadorian persons residing abroad or foreign legal entities whose ownership of the majority of the share package corresponds to Ecuadorians and whose payroll for its realization and production is made up of at least 80% of Ecuadorian nationals. In addition, the importation of advertising pieces produced outside the country by foreign companies is prohibited, with the exception of what is established regarding foreign legal entities with a majority of shares owned by Ecuadorians. According to the same article, advertising production is understood as television and movie commercials, radio spots, photographs for static advertising, or any other audiovisual piece used for advertising purposes.
Coverage Advertising sector

ECUADOR

Since October 2015

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Telecommunications and value added services subscriber regulation
According to Art. 5 of Telecommunications and value added services subscriber regulation, the registration of cell phones and SIM cards using national ID is mandatory.
Coverage Telecommunications sector

Report issue     Report new measure