Database

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UGANDA

Since December 2002, as amended in July 2011, entry into force in March 2014, last amended in July 2021

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Public Procurement and Disposal of Public Assets Act, 2003
Section 50 of the Public Procurement and Disposal of Public Assets Act provides that, subject to the economic and social policies of the Government and the international obligations of the Government, preference is given to domestically manufactured goods and Ugandan contractors and Ugandan consultants in order to promote their development, by giving them a competitive advantage when competing for public procurement contracts, with foreign manufactured goods, foreign contractors or foreign consultants. Moreover, Section 59A(3) states that in the procurement of goods, works, or services through open tendering, a margin of preference of up to 15% for goods and up to 7% for works or services applies.
Coverage Horizontal

UGANDA

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)
Uganda is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal

UGANDA

Since February 2019

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Investment Code Act of 2019
Section 19.2 of the Investment Code Act gives the minister powers to restrict participation by foreigners in certain investments in Uganda. Even though this is not specific to digital services, this provision opens up possibilities for restrictions in this sector.
Coverage Horizontal

UGANDA

Since February 2019

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Investment Code Act of 2019
Section 19.2 of the Investment Code Act gives the minister powers to restrict participation by foreigners in certain investments in Uganda. Even though this is not specific to digital services, this provision opens up possibilities for restrictions in this sector. Information technology is included among the 26 listed priority areas.
Coverage Information technology

UGANDA

Since February 2019

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Investment Code Act of 2019
According to the Investment Code Act of 2019, it is mandatory for foreign entities who intend to invest in the priority areas under Schedule 2 of the Act in Uganda to register with the Authority, and failure to do so is punishable by a fine of UGX 20-million (approximately USD 5,400) or a term of imprisonment of four years, or both.
An investor is required to apply to the authority to get an investment certificate/investment license. An investor must satisfy the minimum investment capital for domestic investments of USD 50,0000 (approx. UGX 185,000,000) or foreign investment of USD 100,000 (approx. UGX 370,000,000) to qualify for registration and issuance of an investment license.
Section 17 provides for the requirements for the application of an investment licence, including local content requirements, which every investor must meet before an investment certificate can be issued. These are:
- A certificate of registration of the business;
- Business plan which must include the name of the investment and detailed information on the type of investment; the action plan; the date of commencement of operations; detailed information on raw materials sourced in the country or in the locality where the investment is to operate; detailed information on any financing and assets to be sourced from outside Uganda, including the timeframe in which these finances and assets shall be invested; land requirement for the investment; the location of the investment; utilities required for the investment; a market survey; details of the projected technology and knowledge transfer;
- An environmental impact assessment certificate issued in accordance with the relevant laws;
- The projected number of employees; and
- A license granted by the business sector in which the investor intends to operate.
Coverage Horizontal

UGANDA

Since November 2016

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Commercial presence requirement for digital services providers
NITA-U (Certification of IT Providers and Services) Regulations No. 69 of 2016
Section 7 of the NITA-U (Certification of IT Providers and Services) Regulations No. 69 of 2016 stipulates that applicants seeking certification for the provision of IT services must be registered as a company in Uganda and obtain separate certification for conducting online business or providing IT services. In addition, as outlined in Art. 6 of the Regulations, applicants must comply with established standards for technology provision, demonstrate financial viability, have competent management, implement policies and procedures for service provision, employ qualified staff, and maintain appropriate infrastructure and equipment.
Coverage IT services

UGANDA

Since June 2014

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the application process for patents
Industrial Property Act of 2014
According to Section 21.3 (2) of the Industrial Property Act of 2014, an applicant whose ordinary residence or principal place of business is outside Uganda is obliged to be represented by an advocate of the High Court of Uganda to file a patent application in the country.
Coverage Horizontal

UGANDA

Since February 1995

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Uganda is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

UGANDA

Since August 2006

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Copyright law with clear exceptions
Copyrights and Neighbouring Rights Act No. 19 of 2006
Uganda has a clear regime of copyright exceptions that follows the fair use model, which enables the lawful use of copyrighted work by others without obtaining permission. Section 15 of the Copyright and Related Rights Act No. 19 of 2006 establishes a list of exceptions that includes the use of a work for purposes of production, translation, adaptation, arrangement or other transformation solely for private personal use; the incorporation of a quotation from a published work, including those from newspapers or periodicals in the form of a press summary, in another work; and the use of a published work for educational purposes, provided that an appropriate illustration is made and the work and its author are acknowledged, among other situations.
Coverage Horizontal

TÜRKIYE

Since November 2013

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Law No. 6502 on Consumer Protection (6502 Tüketicinin Korunması Hakkında Kanun)
The Law on Consumer Protection provides a comprehensive consumer protection framework that also applies to online transactions. The general consumer protection law was updated in 2013 in order to be harmonised with the EU framework covering all consumer transactions.
Coverage Horizontal

TÜRKIYE

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

TÜRKIYE

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
Türkiye 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

TÜRKIYE

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
Türkiye 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

TÜRKIYE

Since June 2013, as amended in March 2015, last amended in June 2020

Pillar Online sales and transactions  |  Sub-pillar Restrictions on online payments
Law No. 6493 on Payments and Security Settlement Systems, Payment Services and Electronic Money Institutions (Ödeme ve Menkul Kıymet Mutabakat Sistemleri, Ödeme Hizmetleri ve Elektronik Para Kuruluşları Hakkında Kanun - Kanun Numarası: 6493)
According to Code No. 6493 on Payment and Security Settlement Systems, Payment Services and Electronic Money Institutions, e-money and e-payment services providers must be licensed by the Central Bank of Türkiye in order to operate in Türkiye. Furthermore, e-money institutions and payment service providers are required to establish their Turkish entities and localise their Turkish businesses by June 2015. However, the conditions and procedures for foreign payment service providers who wish to provide payment services in Türkiye are currently under review.
Coverage E-payment and e-money services

TÜRKIYE

N/A

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

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