Database

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BOLIVIA

Since June 2009

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Exclusion from public procurement
Supreme Decree No. 0181 - Basic Standards for the Goods and Services Administration System (Decreto Supremo No. 0181 - Normas Básicas del Sistema de Administración de Bienes y Servicios)
According to Art. 29 of Supreme Decree No. 0181, the procurement of goods must be directed towards national production. II. For goods not produced within the country, the entity may procure imported goods.
Coverage Horizontal

BOLIVIA

Since June 2009

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Exclusion from public procurement
Supreme Decree No. 0181 - Basic Standards for the Goods and Services Administration System (Decreto Supremo No. 0181 - Normas Básicas del Sistema de Administración de Bienes y Servicios)
According to Art. 60 of Supreme Decree No. 0181, the modality for the procurement of goods and services applicable when the amount exceeds BOB 1,000,000 (approximately USD 140,000), allowing the participation of an unlimited number of proponents, is as follows:
i) National Public Call, for contracts exceeding BOB 1,000,000 (approximately USD 140,000) and up to BOB 40,000,000 (approximately USD 5.6 million).
ii) International Public Call, for contracts exceeding BOB 40,000,000 (approximately USD 5.6 million).
Coverage Horizontal

BOLIVIA

Since June 2009

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Supreme Decree No. 0181 - Basic Standards for the Goods and Services Administration System (Decreto Supremo No. 0181 - Normas Básicas del Sistema de Administración de Bienes y Servicios)
According to Art. 30 of Supreme Decree No. 0181, the procurement of goods is subject to specific preference margins and adjustment factors, depending on the modality. Under the Public Tender modality, a 10% preference margin is also granted to domestically produced goods, regardless of input origin, with an adjustment factor of 0.90. If national components make up between 30% and 50% of the production cost, a 20% preference margin is applied, with an adjustment factor of 0.80. When national components exceed 50% of the production cost, a 25% preference margin is granted, with an adjustment factor of 0.75.
Coverage Horizontal

BOLIVIA

Since June 2009

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Supreme Decree No. 0181 - Basic Standards for the Goods and Services Administration System (Decreto Supremo No. 0181 - Normas Básicas del Sistema de Administración de Bienes y Servicios)
According to Art. 31 of Supreme Decree No. 0181, in the procurement of goods and services under the Public Tender modality, a 20% preference margin is applied to the offered price for Micro and Small Enterprises, Associations of Small Urban and Rural Producers, and Rural Economic Organizations. The adjustment factor is 0.80.
Coverage Horizontal

BOLIVIA

Reported in 2018, last reported in 2023

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
It is reported that the bidding process in Bolivia is not transparent, as Government requirements and bidding details are not always defined, and procurement announcements are not always made public. Among other things, none of the state-owned companies in the strategic sectors (including the telecommunications sector) are required to publish tenders through the official procurement website "Sistema de Información de Contrataciones Estatales". In addition, concerns are raised that these state-owned companies are not obliged to follow the procedures established in the national procurement law.
Coverage Horizontal

BOLIVIA

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

BOLIVIA

Since April 2014

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Law No. 516 - Investment Promotion Law (Ley No. 516 - Ley de Promoción de Inversiones)
According to Art. 16 of the Investment Promotion Law, foreign investment in strategic sectors of the State, including in the telecommunications sector, can only be made in 'mixed capital companies' (that is, joint ventures) in which the foreign investors have less than the 50% of the shareholding, and the State has a majority shareholding.
Coverage Telecommunications sector

BOLIVIA

Since April 2014

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Requirement to engage in joint ventures to invest or operate
Law No. 516 - Investment Promotion Law (Ley No. 516 - Ley de Promoción de Inversiones)
According to Art. 16 of the Investment Promotion Law, foreign investment in strategic sectors of the State, including in the telecommunications sector, can only be made in 'mixed capital companies' (that is, joint ventures) in which the State has a majority shareholding.
Coverage Telecommunications sector

BOLIVIA

Since April 2014

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Law No. 516 - Investment Promotion Law (Ley No. 516 - Ley de Promoción de Inversiones)
According to Art. 11 of the Investment Promotion Law, foreign direct investment must generate technology transfer under at least one of the following modalities:
- Generation of capacities and skills in Bolivian personnel from technical institutes, technological institutes, technological colleges and universities of the Plurinational Educational System in the technical areas developed by the investment. The incorporation of Bolivian personnel shall contemplate the operational, administrative and executive areas, observing promotion policies linked to the capacities and skills acquired;
- Transfer of state-of-the-art technological machinery and equipment to technical institutes, technological institutes, technological colleges, universities of the Plurinational Educational System and public entities linked to the investment area through agreements with clearly defined objectives and goals according to the interest of the parties;
- Develop applied research within the company to improve the industrial process or contribute to public welfare.
Coverage Horizontal

BOLIVIA

Since February 1977, last amended January 2016

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Commercial presence requirement for digital services providers
Law No. 14379 - Commercial Code (Ley No. 14379 - Código Comercial)
According to the Art. 416 of the Commercial Code, in order for a foreign company to operate in Bolivia, it must be registered in the Commercial Registry by establishing either a branch or a permanent representation with a domicile within the territory of the Republic.
Coverage Horizontal
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[{"post_id":"79018"},{"post_id":"79019"},{"post_id":"79020"}]
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ITA: [{"meta_value":"1.00"}]

BOLIVIA

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)
5.77%
Coverage rate of zero-tariffs on ICT goods (%)
25.95%
Coverage: Digital goods

BENIN

N/A

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Benin does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties. However, an informal threshold of 100 USD is reportedly applied.
Coverage Horizontal

BENIN

Since October 2007
Since April 2018, last amended in December 2020

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Law No. 2007-21 of 16 October 2007 on Consumer Protection in the Republic of Benin (Loi No. 2007-21 du 16 octobre 2007 portant protection du consommateur en République du Bénin)

Law No. 2017-20 of 20 April 2018 on the Digital Code in the Republic of Benin (Loi No. 2017-20 du 20 avril 2018 portant code du numérique en République du Bénin)
Law No. 2007-21 on consumer protection in the Republic of Benin and Law No. 2017-20 on the Digital Code in the Republic of Benin provide a comprehensive consumer protection framework that applies to online transactions.
Coverage Horizontal

BENIN

Since November 2019, entry into force in June 2020

Pillar Online sales and transactions  |  Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
UN Convention on the Use of Electronic Communications in International Contracts
Benin has signed and ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

BENIN

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
Benin 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

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