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ARGENTINA

Since July 2003

Pillar Foreign Direct Investment in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Law No. 25,750 - Preservation of Cultural Goods and Heritage (Ley No. 25.750 de Preservación de Bienes y Patrimonios Culturales)
According to Art. 2 of Law 25,750, the companies that participate in the media must be national companies, allowing the participation of foreign companies up to a maximum of 30% of the capital stock and granting voting rights for up to the same percentage of 30%. However, the percentage may be increased in reciprocity with the countries that contemplate foreign investments in their media, up to the percentage that they allow. According to Art. 3 of the law, the following sectors are considered media: newspapers, magazines, periodicals, and publishing companies in general; radio broadcasting services and complementary radio broadcasting services; audiovisual and digital content producers; Internet access providers; and broadcasting companies on public roads.
Coverage Media companies, including newspapers, publishing houses, radio broadcasting companies, producers of audiovisual and digital content

ARGENTINA

Since 1984, last amended in 2014

Pillar Foreign Direct Investment in sectors relevant to digital trade  |  Sub-pillar Nationality/residency requirement for directors or managers
Law No. 19,550 - Corporations Law (Ley General de Sociedades No. 19.550)
The majority of the board members of all companies must be resident in Argentina, according to Art. 256 of Law 19,550. All directors must establish a special domicile for the purposes of notification.
Coverage Horizontal

ARGENTINA

Since August 2000

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Law No. 25,300 of 16 August 2000 - SMEs Development Law (Ley No. 25.300 de Fomento para la Micro, Pequeña y Mediana Empresa)
Argentina gives preference to Micro, Small and Medium Enterprises (MSMEs) in public procurement procedures through the Compremipyme Programme, established by the Law 25,300. For supply contract, Art. 39 of the law states that the national public sector should apply a 5% preference to tenders from Argentinian MSMEs supplying goods or services produced in the country. For the purchase of goods and services, Art. 39 stipulates a minimum preference rate of 10% in tenders or bids for the procurement of goods and services in which only MSMEs are competing.
Coverage Horizontal

ARGENTINA

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)
Argentina is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 1997.
Coverage Horizontal

ARGENTINA

Since November 2016

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Law No. 27,328 - Law on Contracts between the State and Private Investors (Ley No. 27.328 de Contratos de Participación Público - Privada)
Law 27,328 regulating contracts between the state and private investors establishes that, in public-private partnership contracts, at least 33% of the goods and services used must be provided by local companies.
Coverage Horizontal

ARGENTINA

Since May 2018
Since September 2018
Since August 2001

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Law No. 27,437 of 13 May 2018 - Buy Argentine and Supplier Development Program Law (Ley No. 27.437 de Compre Argentino y Desarrollo de Proveedores)

Decree No. 800/2018 (Decreto No. 800/2018)

Decree No. 1,023/2001 (Decreto No. 1023/2001)
Art. 2 of Chapter II of Law 27,437 states that a preference for goods of national origin is granted when the amount of the selection procedure is equal or superior to the threshold of Decree 1,023/2001 (Art. 25.d.1 and its complementary provisions), which is reported to be around 8 million Argentine Pesos (approx. USD 66,000). The margin of preference for goods of domestic origin is 15% for Micro, Small and Medium Enterprises (MSMEs) and cooperatives listed in the National Institute of Partnerships and Social Economy of the Ministry of Social Development, and 8% for other enterprises providing identical or similar services under cash payment terms. If the bids are all from companies of foreign origin, a margin of preference of 1% is granted for every five percentage-point share of the gross production value of the covered goods which is locally integrated, up to a maximum margin of preference of 8%. Decree No. 800/2018 is the implementing Decree of Law 27,437.
Coverage Horizontal

ARGENTINA

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 (ITA) and in ITA Expansion Agreement (ITA II)
Argentina is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods

ARGENTINA

Since April 2009, extended in September 2015 and July 2021, until July 2026

Pillar Tariffs and trade defence measures applied on ICT goods  |  Sub-pillar Antidumping, countervailing duties, and safeguard measures on ICT goods
Resolution 55/2009, dated 02/23/2009
In April 2009, the Argentine authorities decided to impose a definitive anti-dumping duty under Resolution 55/2009 on imports of electrical connection terminals (HS codes 8536.1000, 8536.5090 and 8536.9090) from China and Germany. This measure was reviewed and extended in September 2015 and subsequently in July 2021 for a period of five years. The rate of duty on imports from China is 208% of the FOB price. The duty rate on imports from Germany is 138% of the FOB price, for a period of 5 years.
Coverage Product: Electrical connection terminals of up to 35 mm2 (HS Codes 8536.10, 8536.50 and 8536.90)

Countries: China and Germany
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ITA: [{"meta_value":"1.00"}]

ARGENTINA

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)
7.06%
Coverage rate of zero-tariffs on ICT goods (%)
38.12%
Coverage: Digital goods

GUINEA-BISSAU

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Guinea-Bissau 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

GUINEA-BISSAU

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
Guinea-Bissau 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

GUINEA-BISSAU

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
Guinea-Bissau lacks a comprehensive framework for consumer protection that applies to online transactions.
Coverage Horizontal

GUINEA-BISSAU

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

GUINEA-BISSAU

Reported in 2021

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that in Guinea-Bissau the de minimis threshold, that is the minimum value of goods below which Customs Authority do not charge duties, is USD 50, which is below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

GUINEA-BISSAU

Since October 2012

Pillar Online sales and transactions  |  Sub-pillar Restrictions on domain names
Decree No. 7/2012 of 23 October - Regulations of the Domain name registration (Decreto nr. 7/2013 de 23 de Outubro - Regulamento do Registo de Domínios)
Art. 2 of Decree No. 7/2012 states that only entities legally incorporated or residents in Guinea-Bissau can acquire local domain names ".gw". However, under certain conditions, temporary domain registration can take place. Namely if the foreign company appoints a local legal representative and presents a declaration duly certified committing to set up the company in Guinea-Bissau.
Coverage Horizontal

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