TURKMENISTAN
N/A
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
Turkmenistan lacks a comprehensive framework for consumer protection that applies to online transactions.
Coverage Horizontal
TURKMENISTAN
N/A
Pillar Online sales and transactions |
Indicator 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
Turkmenistan has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
TURKMENISTAN
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Turkmenistan 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
TURKMENISTAN
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Turkmenistan 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
TURKMENISTAN
Reported in 2022, last reported in 2023
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Import restrictions
It is reported that slow and bureaucratic customs procedures inhibit the efficient movement of goods and trade. Turkmenistan often requires that export and import contracts be registered at the State Commodity and Raw Materials Exchange (SCRME), the only exchange in the country. Contract registration at the commodities exchange is a cumbersome process involving approval from various agencies and ministries. The contract registration procedure at SCRME includes a justification of prices, and the contract’s feasibility is scrutinised by the Supreme Chamber of Control. The procedure applies not only to contracts signed at SCRME but also to contracts signed between third parties. All import contracts must be registered before goods are delivered to Turkmenistan.
Coverage Horizontal
TURKMENISTAN
Reported in 2022, last reported in 2023
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Export restrictions on ICT goods or online services
Export restriction
It is reported that the President and the Cabinet of Ministers must approve the export of scientific research, technology and inventions.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230321140906/https://www.trade.gov/country-commercial-guides/turkmenistan-prohibited-and-restricted-imports
- https://web.archive.org/web/20220520011925/https://cis-legislation.com/document.fwx?rgn=31276
- https://web.archive.org/web/20230327095109/https://bp.gov.tm/laws/50/show
- https://web.archive.org/web/20240226075652/https://customs.gov.tm/en/export-import/faq
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TURKMENISTAN
Since March 2010, last amended in November 2021
Since December 2013, last amended in June 2018
Since December 2013, last amended in June 2018
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Law of Turkmenistan No. 93-IV about Communication (Türkmenistanyň Kanuny Aragatnaşyk hakynda - No. 93-IV)
Law of Turkmenistan No. 459-IV About certification (Türkmenistanyň Kanuny No. 459-IV Sertifikatlaşdyrmak hakynda)
Law of Turkmenistan No. 459-IV About certification (Türkmenistanyň Kanuny No. 459-IV Sertifikatlaşdyrmak hakynda)
Art. 30 of Law No. 93-IV provides that all technical means of communication used in the telecommunications or communication systems of Turkmenistan, including end devices, are subject to certification for compliance with state standards, technical conditions and other norms in accordance with the legislation of Turkmenistan. Art. 16 of Law No. 459-IV states that a certificate of conformity is issued when the product's compliance with the established requirements is confirmed by an authorised agency or other government agency, and based on it, the product manufacturer, developer, executor, seller, shipper has the right to use the state conformity mark. In addition, Art. 18 of the same law establishes that documents confirming the quality and safety of the product received outside the territory of Turkmenistan are recognised in accordance with the international agreements of Turkmenistan. In the absence of an international agreement, documents confirming the quality and safety of the product are recognised in accordance with the procedure established by the competent authority.
Coverage Telecom equipment
Sources
- https://web.archive.org/web/20230327102100/https://bp.gov.tm/laws/107/show
- https://web.archive.org/web/20240415121737/https://tds.gov.tm/en/17-about-certification
- https://ib-lenhardt.com/type-approval/turkmenistan
- https://web.archive.org/web/20240415124650/https://tds.gov.tm/en/3-the-international-cooperation
- https://web.archive.org/web/20240415122800/https://www.tds.gov.tm/en/16-about-standardization
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TURKMENISTAN
Since December 2014, last amended in November 2021
Pillar Technical standards applied to ICT goods and online services |
Indicator Restrictions on encryption standards
Law of Turkmenistan No. 159-V About legal regulation of development of the Internet and rendering Internet services in Turkmenistan (Türkmenistanyň Kanuny No. 159-V Türkmenistanda Internet torunyň ösüşini we internet-hyzmatlaryny etmegi hukuk taýdan düzgünleşdirmek hakynda)
According to Arts. 30 and 31 of Law of Turkmenistan No. 159-V about legal regulation of the development of the Internet and rendering Internet services in Turkmenistan, operators of Internet network services and Internet users are liable for using non-certified means of cryptographic protection of information. However, the encryption certification requirements or a list of certified encryption programs have not been found.
Coverage Encryption programs
TURKMENISTAN
Reported in 2022, last reported in 2023
Pillar Online sales and transactions |
Indicator Restrictions on online payments
Restrictions to online payments
Online payment options in Turkmenistan are reported to be notably limited, with access to internationally accepted credit or debit cards being restricted. The lack of currency convertibility poses a significant challenge to e-commerce and foreign transactions. It is reported that strict currency controls have contributed to a black market exchange rate for dollars averaging more than five times the official rate in 2020-2021, making it difficult for companies to repatriate profits or convert local currency into dollars to import supplies and equipment. This persists despite Art. 32 of the Law About Trade Activities, which prohibits restrictions on the use of electronic payment methods unless stipulated by Turkmen legislation.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230321145844/https://www.trade.gov/country-commercial-guides/turkmenistan-ecommerce
- https://web.archive.org/web/20221209160100/https://www.state.gov/reports/2022-investment-climate-statements/turkmenistan/
- https://web.archive.org/web/20230326022714/https://bp.gov.tm/laws/223/show
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TURKMENISTAN
N/A
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Turkmenistan does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal
TURKMENISTAN
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Turkmenistan's law and jurisprudence. However, there is limited protection for telecom operators under Art. 50.2 of the Law of Turkmenistan No. 93-IV About communication (Türkmenistanyň Kanuny № 93-IV Aragatnaşyk hakynda), which establishes that the telecom operators are not responsible for the content of information transmitted by their networks.
Coverage Internet intermediaries
TURKMENISTAN
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringements
A basic legal framework on intermediary liability beyond copyright infringement is absent in Turkmenistan's law and jurisprudence. However, there is limited protection for telecom operators under Art. 50.2 of the Law of Turkmenistan No. 93-IV About communication (Türkmenistanyň Kanuny № 93-IV Aragatnaşyk hakynda), which establishes that the telecom operators are not responsible for the content of information transmitted by their networks.
Coverage Internet intermediaries
TURKMENISTAN
Reported in 2021, last reported in 2023
Pillar Intermediary liability |
Indicator User identity requirement
Mandatory SIM card registration
It is reported that Turkmenistan imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card or a passport in case of foreigners to activate a new prepaid SIM card.
Coverage Telecommunications sector
Sources
- https://www.comparitech.com/blog/vpn-privacy/sim-card-registration-laws/#Type_of_ID_required_by_country
- https://web.archive.org/web/20230123124352/https://www.gsma.com/mobilefordevelopment/wp-content/uploads/2021/04/Digital-Identity-Access-to-Mobile-Services-and-Proof-of-Identity-2021_SPREADs.pdf
- https://web.archive.org/web/20171022083606/https://www.mincom.gov.tm/ru/articles/communication-law#%D0%B3%D0%BB%D0%B0%D0%B2%D0%B0%20%20VIII.%20%D1%81%D1%82%D0%B0%D1%82%D1%8C%D1%8F%2041
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TURKMENISTAN
Reported in 2015, last reported in 2024
Pillar Content access |
Indicator Blocking or filtering of commercial web content
Blocking of commercial web content
There are reports of severe blocking of social networking platforms, foreign media and foreign websites. Furthermore, it is reported that authorities blocked 133 of the most popular worldwide websites, including Facebook, Twitter, YouTube, TikTok, Zoom, Skype, and messaging apps. In addition, the government has also been reported to block sites that offer circumvention tools such as virtual private networks (VPNs) and proxies since 2015.
Moreover, Turkmenistan is reported to impose strict filtering rules for popular websites and many other websites containing parts of the same domain. It is estimated that the filtering rules could be causing the unintentional blocking of more than 5.4 million domains as collateral damage to the 122,000 blocked domains confirmed in the country.
Moreover, Turkmenistan is reported to impose strict filtering rules for popular websites and many other websites containing parts of the same domain. It is estimated that the filtering rules could be causing the unintentional blocking of more than 5.4 million domains as collateral damage to the 122,000 blocked domains confirmed in the country.
Coverage Social media platforms, foreign media outlets, websites and VPNs
Sources
- https://www.rferl.org/a/turkmenistan-last-messaging-app-internet/32535618.html
- https://www.rfi.fr/en/international-news/20240206-turkmenistan-faces-parallel-reality-media-landscape
- https://web.archive.org/web/20231228191335/https://rus.azathabar.com/a/31694427.html
- https://web.archive.org/web/20230420193933/https://acca.media/en/14040/turkmenistan-the-authorities-almost-completely-blocked-the-internet-in-the-country/
- https://web.archive.org/web/20220411133319/https://twitter.com/CloudflareRadar/status/1513510448762695687
- https://web.archive.org/web/20231006120829/https://rus.azathabar.com/a/32132024.html
- https://web.archive.org/web/20231228185827/https://turkmen.news/turkmenistan-vpn-ip/
- https://web.archive.org/web/20231205041515/https://www.top10vpn.com/what-is-a-vpn/are-vpns-legal/
- https://web.archive.org/web/20241206153722/https://www-hronikatm-com.translate.goog/2023/07/internet-interruptions/?_x_tr_sl=auto&_x_tr_tl=en&_x_tr_hl=es&_x_tr_pto=wapp&_x_tr_hist=true
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TURKMENISTAN
Reported in 2025
Pillar Content access |
Indicator Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "7.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 1 in Turkmenistan for the year 2024. This corresponds to "The government shut down domestic access to the Internet numerous times this year."
Coverage Horizontal
Sources
- https://www.v-dem.net/vdemds.html
- https://web.archive.org/web/20230402123759/https://pulse.internetsociety.org/blog/how-and-why-kazakhstan-and-turkmenistan-shut-down-the-internet
- https://web.archive.org/web/20230419183928/https://acca.media/en/14040/turkmenistan-the-authorities-almost-completely-blocked-the-internet-in-the-country/
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