COMOROS
Since March 2014
Pillar Telecom infrastructure & competition |
Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
Framework Law No. 14-031/AU on Electronic Communications of 17 March 2014 (Loi No. 14-031/AU relative aux communications électroniques du 17 mars 2014)
According to Art. 15 of the Framework Law No. 14-031/AU, foreign participation in the capital of a company operating in the electronic communications sector is authorised up to a maximum of 80%.
Coverage Telecommunications sector
COMOROS
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The government owns shares in certain telecommunications companies. In particular, the government fully owns the operator Comores Telecom and owns 20% of the shares of the operator Telma Comores.
Coverage Telecommunications sector
COMOROS
Since March 2014
Pillar Telecom infrastructure & competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Framework Law No. 14-031/AU on Electronic Communications of 17 March 2014 (Loi No. 14-031/AU relative aux communications électroniques du 17 mars 2014)
Comoros mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market. Art. 49 of the Law No. 14-O31/AU states that operators of electronic communications networks having SMP must have a separate accounting for their interconnection activities. It is also reported that functional separation is mandated, but the relevant legislation has not been found.
Coverage Telecommunications sector
COMOROS
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
15.09%
Coverage rate of zero-tariffs on ICT goods (%)
14.7%
Coverage: Digital goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
COMOROS
N/A
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Participation in the World Trade Organization (WTO) Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Comoros is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II). In fact, the country is not a WTO member state either.
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
- Show more...
COMOROS
Since June 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Law No. 22-011/AU of 23 June 2022 on the Award of Public Procurement and the Delegation of Public Services (Loi No. 22-011/AU du 23 juin 2022 portant Passation des Marchés Publics et Délégation des Services Publics)
According to Art. 91 of Law No. 22-011/AU, in the case of a contract with a decentralised local authority or one of its public establishments, a foreign candidate who plans to subcontract at least 30% of the total value of the contract to a national company may benefit from a margin of preference of no more than 10%.
Coverage Horizontal
COMOROS
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)
Comoros is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal
COMOROS
Since March 2014
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Framework Law No. 14-031/AU on Electronic Communications of 17 March 2014 (Loi No. 14-031/AU relative aux communications électroniques du 17 mars 2014)
According to Art. 15 of the Framework Law No. 14-031/AU, foreign participation in the capital of a company operating in the electronic communications sector is authorised up to a maximum of 80%.
Coverage Telecommunications sector
CHILE
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
Chile 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
CHILE
Since June 2016, last amended in December 2021
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Self-certification for product safety
Resolution No. 1,463 on Multiband Homologation and Certification of Mobile Devices (Resolución No. 1.463 Exenta Fija norma técnica que regula las especificaciones técnicas mínimas que deberán cumplir los equipos terminales utilizados en las redes móviles)
Resolution 1,463 states that mobile devices destined for public mobile telephony and data transmission services to be distributed or commercialized in the Chilean market must: be homologated, certified and validated by an authorised entity (SUBTEL), among other requirements. There is a transparent protocol of homologation (Annex II of the Resolution). According to Art. 6, a certificate of a country where a Mutual Recognition Agreement (MRA) applies is accepted for the purpose of homologation.
Coverage Mobile devices
CHILE
Since October 2017, last amended in July 2021
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Self-certification for product safety
Resolution No. 1,985 Establishing Technical Standards for Small-Scale Equipment (Resolución No. 1.985 Exenta Fija Norma Técnica de Equipos de Alcance Reducido)
Importers of products listed in Art. 1 of Resolution 1,985 need to obtain a certificate issued by the regulator SUBTEL. These products include several ICT products such as portable transceivers, remote controls, wireless microphones, wireless telephones, and RFID equipment, among others. If a device can be classified under these categories, a homologation certificate will be issued upon obtaining a certificate of conformity from a registered Chilean testing facility. If a device cannot be classified under these categories, then the manufacturer must obtain “special authorisation” from SUBTEL. When there is a Mutual Recognition Agreement (MRA), no further authorisation is needed (Art. 2). It is possible to use existing test reports by laboratories with international validation for the certification process (Art. 6). Technical documents are reviewed and validated in the approval process.
It is reported that these products must be homologated: portable transceivers; remote radio controls; wireless microphones; wireless telephones, including some DECT systems; RFID equipment; radio alarms; communication systems for medical implantation; other equipment used for medical applications; equipment used as radar systems in vehicles; Zigbee devices.
It is reported that these products must be homologated: portable transceivers; remote radio controls; wireless microphones; wireless telephones, including some DECT systems; RFID equipment; radio alarms; communication systems for medical implantation; other equipment used for medical applications; equipment used as radar systems in vehicles; Zigbee devices.
Coverage ICT products
Sources
- https://web.archive.org/web/20221004191222/https://www.larcg.com/chile-published-resolution-1807/
- https://web.archive.org/web/20241008173039/https://www.bcn.cl/leychile/navegar?idNorma=1109333&idVersion=2024-03-11&idParte=10020620
- https://web.archive.org/web/20241008173329/https://www.bcn.cl/leychile/navegar?idNorma=1091663&idParte=9708781
- https://web.archive.org/web/20220831105951/https://www.lexology.com/library/detail.aspx?g=3442d81c-6a73-4dd9-a5e1-06d79b46a9bf
- Show more...
CHILE
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 41, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
Sources
- https://web.archive.org/web/20230930092414/https://www.aduana.cl/cuando-debo-pagar-impuestos/aduana/2018-12-12/233227.html
- https://web.archive.org/web/20230505005035/https://cooperativa.cl/noticias/economia/impuestos/sube-monto-para-comprar-en-el-extranjero-por-internet-sin-pagar-impuestos/2023-05-04/174017.html
- https://web.archive.org/web/20231003012556/https://www.aduana.cl/aduana/site/edic/base/port/normativas.html
- Show more...
CHILE
Since January 2003, as amended in March 2022
Pillar Online sales and transactions |
Sub-pillar Local presence requirements for digital services providers
Labour Code (Código del Trabajo)
According to Art. 152 of Chapter X (included in September 2022 by Law No. 21,431) of the labour code of Chile, the employment contract of dependent digital platform workers shall indicate an official channel where the worker can present his/her objections, claims or requirements. The indicated channel must have a physical place of attention, a local telephone and a company representative responsible for attending to the described purposes. The law defines a digital service platform company as an entity that operates or manages a computer or technological system executable on mobile or fixed device applications for a fee.
Coverage Digital service platform companies
CHILE
Since March 1997, last amended in April 2021
Since March 2022
Since March 2022
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Act No. 19,496 on Consumer Protection (Ley 19.496 Establece Normas sobre la Protección de los Derechos de los Consumidores)
Regulation on Electronic Commerce (Reglamento de Comercio Electrónico)
Regulation on Electronic Commerce (Reglamento de Comercio Electrónico)
The Regulation on Electronic Commerce and the Consumer Protection Act provide a comprehensive framework for consumer protection that also applies to online transactions. According to Art. 1 of the Regulation, its purpose is to strengthen the transparency and quality of the information provided to Consumers in Electronic Commerce Platforms regarding the characteristics, essential features, price of the products and services offered and all other relevant information to encourage informed decision making, with a view to the purchase of products or services.
Coverage Horizontal