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COSTA RICA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Costa Rica has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

COSTA RICA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Presence of an independent telecom authority
It is reported that Costa Rica's Telecommunications Superintendency (SUTEL), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
"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 = 'CR')\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":"80248"},{"post_id":"80249"},{"post_id":"80250"}]
"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 = 'CR')\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 = 'CR')\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":"0.00"}]

COSTA RICA

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.4%
Coverage rate of zero-tariffs on ICT goods (%)
79.1%
Coverage: ICT goods

COSTA RICA

Since March 1997
Since December 2015

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Information Technology Agreement (ITA)

ITA Expansion Agreement (ITA II)
Costa Rica is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 and its 2015 expansion (ITA II).
Coverage ICT goods

COSTA RICA

Since May 2021, entry into force in December 2022, last amended in December 2023
Since November 2022, entry into force in December 2022
Since June 2006, entry into force in September 2006, last amended in July 2015

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
General Law on Public Procurement No. 9986 (Ley General de Contratación Pública No. 9986)

Regulations to the General Law on Public Procurement No. 43808-H (Reglamento a la Ley General de Contratación Pública No. 43808-H)

Special Regulation for the Promotion of SMEs in the Purchase of Goods and Services of the Administration No. 33305 (Reglamento Especial para la Promoción de las PYMES en las Compras de Bienes y Servicios de la Administración No. 33305)
In accordance with the General Law on Public Procurement, national suppliers are granted preferential treatment in government procurement. Art. 23 of this law affords special preferences to local SMEs. In order to promote regional development, the administration shall award a score of up to 10% to SMEs from certain regions of the country that the administration aims to develop and which mainly employ people from that region. Should the administration deviate from this, it must provide a rationale in the form of a reasoned act signed by the responsible official. Further details regarding the participation of SMEs can be found in Arts. 72-79 of the Regulations to the General Law on Public Procurement.
Additionally, Art. 14 of the Special Regulation for the Promotion of SMEs in the Purchase of Goods and Services of the Administration stipulates that in an administrative contracting process where the bidders of goods or services have equal or comparable conditions in terms of quality, supply and price, preference to SMEs of national production is established as a tie-breaking mechanism for the award of the bid.
Coverage Horizontal

COSTA RICA

Since December 1985, last amended in September 2004
Since April 2005, entry into force in July 2005, last amended in October 2021

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Law No. 7017-A on Incentives for Industrial Production (Ley No. 7017-A de Incentivos para la Producción Industrial)

Implementing Regulations to Article 12 of Annex 3 to Law No. 7017, No. 32448 (Reglamento al Artículo 12 del Anexo 3 de la Ley 7017, No. 32448)
Art. 12 of Law No. 7017-A stipulates that in any government procurement operation, preference must be given to domestic products when the quality is equivalent, supplies are adequate, and the price is equal to or lower than that of the imported product. Further details regarding this article can be found in Regulation No. 32448.
Coverage Horizontal

COSTA RICA

Reported in 2022, last reported 2024

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Limitations on foreign participation in public procurement
It has been reported that there is a lack of transparency in public procurement. Furthermore, foreign companies are required to translate tender documents from Spanish into English and assist in preparing bid offers in Spanish. Additionally, there is a significant advantage in having a strong local partner or representative.
Coverage Horizontal

COSTA RICA

N/A

Pillar Public procurement of ICT goods and online services  |  Indicator Signatory of the 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)
Costa Rica 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 2015.
Coverage Horizontal

CONGO

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Congo 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

CONGO

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Congo 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

CONGO

Reported in 2021, last reported in 2023

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Lack of transparency in customs procedures
There is reportedly arbitrary, irregular or uneven application of customs regulations at the border. In addition, a lack of understanding of the proper application and enforcement of customs regulations by government inspectors can contribute to difficulties for trading partners and investors.
Coverage Horizontal

CONGO

Since October 2015

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Supplier Declaration of Conformity not allowed for foreign businesses
Certification of conformity must be approved by the Congolese Agency of Normalization and Quality (ACONOQ). ACONOQ is responsible for certifying the conformity of products, goods, services, management systems, and personnel competencies to standards. Furthermore, all imports into Congo must have a conformity certificate issued by ACONOQ. Although the homologation process does not require local labouratory testing or contact with local representatives, product samples must be submitted to the authority for inspection.
Coverage Horizontal

CONGO

Since November 2009

Pillar Technical standards applied to ICT goods and online services  |  Indicator Restrictions on encryption standards
Law No. 9-2009 of 25 November 2009 on Electronic Communication Sector (Loi No. 9-2009 du 25 Novembre 2009 Portant Réglementation du Secteur des Communications Électroniques)
Art. 145 of the Law on Electronic Communication mandates the persons or suppliers of cryptology services to disclose the technical characteristics of the source code of the software to be used by the National Agency for Information Systems Security (ANSSI).
Coverage Cryptology service

CONGO

Since December 2018, enter into force in March 2019
Since June 2019

Pillar Online sales and transactions  |  Indicator Restrictions on online payments
Regulation No. 02/18/CEMAC/UMAC/CM of 21 December 2018 on Foreign Exchange Regulations in CEMAC (Règlement No. 02/18/CEMAC/UMAC/CM du 21 décembre 2018 portant réglementation des changes dans la CEMAC)

Instruction No. 8/GR/2019 on the Conditions and Modalities for the Use of Electronic Payment Instruments Outside CEMAC (Instruction No. 008/GR/2019 relative aux conditions et modalités d'utilisation à l'extérieur de la CEMAC des instruments de paiement électronique)
According to the Instruction No. 8/GR/2019 issued by the Governor of the Bank of Central African States to facilitate the interpretation and implementation of the Economic and Monetary Community of Central Africa (CEMAC) Regulation 02/18/CEMAC/UMAC/CM, there is a limit of 1 million XAF (approx. USD 1,700) per month and per person for the remote settlement of transactions, including online payments. According to Arts. 7-8, justification needs to be provided above this limit. The Instruction provides guidance on the provision of Art. 34 of the Regulation, which implements certain limits for using electronic payment instruments outside the CEMAC and applies to the six CEMAC member states, including Congo.
Coverage Electronic payment instruments

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