Database

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ARGENTINA

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)
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 Information and Communication Technology (ICT) goods  |  Sub-pillar Antidumping, countervailing duties, and safeguard measures on ICT goods
Resolution No. 106/2009 (Resolución No. 106/2009)
In April 2009, the Argentine authorities decided to impose a definitive anti-dumping duty under Resolution No. 106/2009 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

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

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 establishes that at least 33% of the goods and services used in public-private partnership contracts must be provided by local companies.
Coverage Horizontal

ALGERIA

Since May 2018

Pillar Online sales and transactions  |  Sub-pillar Licensing scheme for e-commerce providers
Law No. 18-05 of 24 Chaâbane 1439 Corresponding to 10 May 2018, Relating to Electronic Commerce (Loi No. 18-05 du 24 Chaâbane 1439 Correspondant au 10 Mai 2018 Relative au Commerce Électronique)
According to Arts. 7 and 8 of Law No. 18-05, any e-commerce activity, which is defined as electronic commerce of goods and services, is subject to registration in the commercial register or in the register of arts and crafts, and to the publication of a website hosted in Algeria with extension ".com.dz". In addition, pursuant to Art. 9, the exercise of the e-commerce activity be subject to the registration of the domain name with the services of the National Center of the Commercial Register. This requirement applies to both domestic and foreign e-providers, as stated in Art. 2 of the law, stipulating that the legislation applies to e-commerce transactions when one of the parties to the e-commerce contract (i) is of Algerian nationality, (ii) is legally resident in Algeria, (iii) is a legal person under Algerian law, (iv) or if the contract is concluded or performed in Algeria.
Coverage E-commerce

ALGERIA

Since May 2018

Pillar Online sales and transactions  |  Sub-pillar Restrictions on online payments
Law No. 18-05 of 24 Chaâbane 1439 Corresponding to 10 May 2018, Relating to Electronic Commerce (Loi No. 18-05 du 24 Chaâbane 1439 Correspondant au 10 Mai 2018 Relative au Commerce Électronique)
Art. 27 of Law No. 18-05 stipulates that electronic payments must be conducted through dedicated payment platforms. These platforms are to be exclusively established and managed by banks that have received approval from the Bank of Algeria, as well as by Algérie Poste. The platforms must be connected to any type of electronic payment terminal via the network of the public telecommunications operator. In addition, Art. 29 mandates that the electronic payment platforms undergo oversight by the Bank of Algeria. This supervision is to ensure compliance with standards for interoperability, confidentiality, integrity, authentication, and the security of data exchanges.
Coverage Electronic payments

ALGERIA

Reported in 2021, last reported in 2023

Pillar Online sales and transactions  |  Sub-pillar Restrictions on online payments
Prohibition of the use of certain online payment processors for transfers
It is reported that Algerian foreign exchange regulations prohibit the use of certain online payment processors to transfer money from one account to another.
Coverage Online payments

ALGERIA

Reported in 2022, last reported in 2023

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
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 DZD 50,000 (approx. USD 371), above the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

ALGERIA

Since November 2020

Pillar Online sales and transactions  |  Sub-pillar Restrictions on domain names
Decree No. 20-332 Governing the Electronic Press (Décret Exécutif No. 20-332 du 6 Rabie Ethani 1442 Correspondant au 22 Novembre 2020 Fixant les Modalités d'Exercice de l'Activité d'Information en Ligne et la Diffusion de Mise au Point ou Rectification sur le Site Électronique)
Art. 6 of Decree No. 20-332 establishes that the online information activity is subject to the publication through an electronic site, whose hosting is exclusively domiciled, physically and logically in Algeria, with a domain name extension ".dz".
Coverage Online news

ALGERIA

Since May 2018

Pillar Online sales and transactions  |  Sub-pillar Restrictions on domain names
Law No. 18-05 of 24 Chaâbane 1439 Corresponding to 10 May 2018, Relating to Electronic Commerce (Loi No. 18-05 du 24 Chaâbane 1439 Correspondant au 10 Mai 2018 Relative au Commerce Électronique)
Art. 9 of the Law No. 18-05 requires any e-commerce activity, which is defined as electronic commerce in goods and services, to have a website hosted in Algeria with a “.com.dz” extension. This requirement applies to both domestic and foreign e-providers, as stated in Art. 2 of the law.
Coverage E-commerce sector

ALGERIA

Since June 2018, entry into force in August 2023

Pillar Online sales and transactions  |  Sub-pillar Local presence requirements for digital services providers
Law No. 18-07 of 25 Ramadhan 1439 Corresponding to June 10, 2018, on the Protection of Natural Persons in the Processing of Personal Data (Loi No. 18-07 du 25 Ramadhan 1439 Correspondant au 10 Juin 2018 Relative à la Protection des Personnes Physiques dans le Traitement des Données à Caractère Personnel)
Pursuant to Art. 4.2 of Law No. 18-07, in the event that the controller is not established in the national territory, a representative located in Algeria must be appointed. This requirement applies to foreign service providers in Algeria, as defined in Art. 3 as any public or private entity that offers users of its services the possibility to communicate by means of a computer system and/or a telecommunications system.
Coverage Communications sector

ALGERIA

Since February 2009

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Law No. 09-03 of 29 Safar 1430 Corresponding to February 25, 2009, Relating to Consumer Protection and the Repression of Fraud (Law No. 09-03 of 29 Safar 1430 Corresponding to February 25, 2009, Relating to Consumer Protection and the Repression of Fraud)
Law No. 09-03 provides a comprehensive consumer protection framework that applies to online transactions. This Act repeals and replaces Law 89-02 of 7 February 1989 (published in the Official Journal (Journal Officiel) (JO.) No 06 of February 8, 1989) on the general rules of consumer protection.
Coverage Horizontal

ALGERIA

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

ALGERIA

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
Algeria 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

ALGERIA

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
Algeria 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

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