Database

Browse Database

GUINEA-BISSAU

Since August 2012

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Decree-Law No. 20/2012 of 20 August - Public Procurement Code (Decreto-Lei Nº 20/2012 de 20 de Agosto - Código dos Contratos Publicos)
According to Art. 66 of Decree-Law No. 20/2012, there is a community preference. When a public contract or delegation of a public service is awarded, preference must be given to the bid submitted by a community company, that is from the West African Economic Monetary Union - WAEMU community. The Community preference must be quantified in the form of a percentage of the bid amount of the offer. This percentage is set at 15%, and the margin of the Community preference margin must be provided for in the tender document. In addition, according to Art. 30, in case of a contract with a local authority or one of the public entities, a candidate intending to subcontract at least 30% of the total contract value to a company from a national company may benefit from an additional preference margin up to 5%.
Coverage Horizontal

GUINEA-BISSAU

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

GUINEA-BISSAU

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)
Guinea-Bissau is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA I) nor the 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 = 'GW')\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":"41506"},{"post_id":"41507"},{"post_id":"41508"}]
"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 = 'GW')\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 = 'GW')\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":"1.00"}]

GUINEA-BISSAU

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)
9.43%
Coverage rate of zero-tariffs on ICT goods (%)
7.6%
Coverage: Digital goods

TUNISIA

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
Tunisia 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

TUNISIA

Since December 1992

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Law 117-1992 on Consumer Protection
The Law 117-1992 on Consumer Protection provides a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal

TUNISIA

N/A

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

TUNISIA

N/A

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

TUNISIA

Reported in 2022, last reported in 2023

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

TUNISIA

Since July 2013

Pillar Online sales and transactions  |  Sub-pillar Restrictions on domain names
Decision of the National Telecommunication Authority No. 141-2013
According to Art. 8.1 of the Decision of the National Telecommunication Authority No. 141-2013, local domain name registration including ".com.tn" is restricted and limited to the following eligibility criteria: legal entities constituted according to the Tunisian laws in force, holders or legal representatives of an international trademark registered in Tunisia, natural persons of legal age of Tunisian nationality or officially residents in Tunisia.
Coverage Horizontal

TUNISIA

Since August 1961, last amended in 1985

Pillar Online sales and transactions  |  Sub-pillar Maximum foreign equity share for investment in e-commerce sector
Decree-Law No. 14-1961 related to the conditions for exercising certain commercial activities
According to Arts. 2, 3, 5 and 8 of Decree-Law No. 14-1961, some commercial activities are restricted to Tunisian nationals. Foreigners may hold up to 50% stake in the capital of companies engaged in certain activities, provided that they are managed by Tunisians. These activities are: commission agent, broker, commercial agent, consignee, general representative, general or sales agent, irrespective of the designation under which the activity is carried out; and commercial traveller. Art. 8 prohibits foreigners from engaging in certain specified business activities, such as wholesale distribution and retail trading, except where a waiver is granted by the Minister of Trade. Foreigners wishing to engage in commercial activity are required to obtain a foreigner’s trading permit by the Minister of Commerce. This applies to any form of provision of commerce, including e-commerce. This text has not been revised since 1985.
It is reported that foreigners may, however, set up international trading companies provided that at least 30% of the company's annual turnover is derived from the export of goods of Tunisian origin.
Coverage Commercial activities, including e-commerce

TUNISIA

Since December 2016
Since January 2019

Pillar Online sales and transactions  |  Sub-pillar Limits on e-commerce purchases
Circular of the Central Bank of Tunisia No. 2016-9 on Transfers for current operations

Circular No. 2019-2
According to Arts. 14-18 of the Circular 2016-9 of the Central Bank of Tunisia on transfers for current operations, amended by Circular No. 2019-2, online cross-border purchases are limited to certain online telecommunication services listed in Annex 1 and it is not possible to purchase services not included in the list of Annex 1. The list of commercial operations for which a user can make a payment online is quite limited and does not include e-retail. Among the permitted activities there are the reservation of hotels abroad and the payment of tariffs for the import of goods. In addition, Art. 15 of Circular lets Tunisian residents with at least a high school diploma use a special "International Technology Card" for those online payments that are allowed with a maximum annual limit of 1,000 Tunisian Dinars TND (approx. 320 USD) for specific online expenses. The Circular was amended by the Circular No. 2019-2, updating Art.14, which set the highest annual limit for this special card at 10,000 TND (approx. 3,200 USD) for resident companies. Companies with the "startup" label have an annual maximum allocation of 100,000 TND (approx. 32,000 USD).
Coverage Horizontal

TUNISIA

Since August 1961

Pillar Online sales and transactions  |  Sub-pillar Licensing scheme for e-commerce providers
Decree-Law No. 14-1961 related to the conditions for exercising certain commercial activities
Art. 8 of Decree-Law No. 14-1961 prohibits foreigners from engaging in certain specified business activities, such as wholesale distribution and retail trading, except where a waiver is granted by the Minister of Trade. Foreigners wishing to engage in commercial activity are required to obtain a foreigner’s trading permit by the Minister of Commerce. This applies to any form of provision of commerce, including e-commerce. This text has not been revised since 1985.
Coverage Horizontal

TUNISIA

Reported in 2019, last reported in 2022

Pillar Online sales and transactions  |  Sub-pillar Restrictions on online payments
Restrictions to online payments
It is reported that there are restrictions on international payments due to Tunisia’s foreign exchange regulations as well as the non-convertibility of the dinar. Tunisian credit cards are not approved for transactions in currencies other than the dinar and therefore cannot be used for purchases made on foreign commercial internet sites. This prevents Tunisian residents from making transactions on international e-commerce sites such as eBay, Amazon, and AliExpress, unless they obtain a “Digital Technology Charge Card” issued by the Government. This card has been launched in 2015 by the Ministry of Communication Technologies and Digital Economy with Circular 2015-5 of the Tunisian Central Bank. The card can be obtained only by Tunisians with college degrees and it allows cardholders to make online purchases of software, mobile applications, web services, and publications in support of entrepreneurial activities. Individual users are limited to 1,000 dinars (approx. USD 377) in annual purchases (Art. 1). The program has been expanded to include Tunisian IT companies, which are allotted up to 10,000 dinars (approx. USD 3,770) annually to purchase on-line services, including server hosting and freelance programming services.
Coverage Horizontal

TUNISIA

Since August 1994, last amended in October 2019
Since August 1994, last amended in September 2005
Since September 2005

Pillar Technical standards applied to ICT goods, products and online services  |  Sub-pillar Product screening and additional testing requirements
Decree 94-1744 of 29 August 1994 relating to the methods of technical control on import and export and the organizations empowered to exercise it

Order of the Minister of National Economy of 30 August 1994 fixing the list of products subject to technical control for import and export

Order of the Minister of Trade and Crafts, of 15 September 2005, amending of the Order of the Minister of National Economy of 30 August 1994 fixing the list of products subject to technical control for import and export
Arts. 3-10 of the Decree No. 94-1744 specify the technical import control, depending on the nature of the product, three types of controls, generally carried out at the point of clearance and before Customs authorizes release: "List A" products are subject to systematic control; "List B" products require a compliance certificate; and "List C" products are subject to specifications. The Decree is implemented by the Order of 15 September 2005, amending the Order of 30 August 1994, which specifies the list of products subject to technical import control. For products on List A, which includes telecommunications equipment and computers, the technical control is systematic and can take different forms (desk review, possibly accompanied by sample testing, inspection of goods or analysis of samples). It is reported that although all products are controlled, the modalities are not clear and give some discretionary power to the technical control authorities. In addition, it is reported that controls are not based on a risk analysis, Tunisian norms are not notified to World Trade Organization (WTO), and in cases where a laboratory analysis is requested, this prolongs the delay before commercialisation and increases storage costs.
Coverage Telecommunications equipment and computers
Sources