AUSTRALIA
Since October 1999, last amended in December 2019
Since September 2012, last amended in May 2020
Since September 2012, last amended in May 2020
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Telstra Corporation Act 1991
National Broadband Network Companies Act 2011 (NBN Companies Act)
National Broadband Network Companies Act 2011 (NBN Companies Act)
The Telstra Corporations Act 1991 provides under Section 8BG that aggregate foreign ownership of Telstra (the incumbent telecommunication company) is limited to 35%, and individual foreign investors are only allowed to own up to 5%. This specific cap was imposed in 1999 as part of an amendment to the Act.
Additionally, the National Broadband Network Companies Act 2011 provides that the Commonwealth must retain full ownership of National Broadband Network Co (NBN Co) (Part 3, Division 2, Subdivision A). This ownership structure could be terminated only in limited circumstances (Part 3, Division 2, Subdivision B). This rule has been in place since its enactment in 2011.
Additionally, the National Broadband Network Companies Act 2011 provides that the Commonwealth must retain full ownership of National Broadband Network Co (NBN Co) (Part 3, Division 2, Subdivision A). This ownership structure could be terminated only in limited circumstances (Part 3, Division 2, Subdivision B). This rule has been in place since its enactment in 2011.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20210225134702/https://www.legislation.gov.au/Details/C2021C00074
- https://www.legislation.gov.au/C2004A04154/latest/text
- https://web.archive.org/web/20230927175039/https://www.legislation.gov.au/Details/C2020C00171
- https://www.state.gov/reports/2020-investment-climate-statements/australia/
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AUSTRALIA
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)
0.56%
Coverage rate of zero-tariffs on ICT goods (%)
72.31%
Coverage: Digital goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
ARGENTINA
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
Argentina 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
ARGENTINA
Since November 2015
Since July 2018
Since July 2018
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Local content requirements (LCRs) on ICT goods for the commercial market
Resolution No. 1219/2015 (Resolución No. 1219/2015)
Resolution No. 66/2018 (Resolución No. 66/2018)
Resolution No. 66/2018 (Resolución No. 66/2018)
Argentina has established local content percentages in the production process for mobile and cellular radio communication equipment manufacturers operating in Tierra del Fuego province. Resolution 66/2018, which replaced Resolution 1219/2015, retains the local content requirement for certain products, such as technical manuals, packaging, and labels, as established in Art. 10 of Resolution 66/2018. However, it has eliminated the local content requirement for batteries, screws, and chargers. The percentage of local content required varies from 10% to 100%, depending on the process or item in consideration. In the event that the local supply is not sufficient to meet the local content requirements, companies have the option of requesting an exemption, which will be reviewed every six months in accordance with Art. 11.
Coverage Mobile and radio equipment
Sources
- https://web.archive.org/web/20231216045224/https://www.argentina.gob.ar/normativa/nacional/resoluci%C3%B3n-66-2018-312340/texto
- https://www.boletinoficial.gob.ar/detalleAviso/primera/136617/20151123
- https://ustr.gov/sites/default/files/2022%20National%20Trade%20Estimate%20Report%20on%20Foreign%20Trade%20Barriers.pdf
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ARGENTINA
Since 1999
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Self-certification for product safety
In-country testing
Electrical products must display an official safety "S" mark to show that they conform with the regulations. However, due to implementation issues, it is difficult to state with certainty which products must be tested, certified and marked. All certification bodies that issue S-Mark certificates through recognition of testing done outside of Argentina also have to perform “accreditation of coincidence between the product intended to be marketed in Argentina and the one contained in the certificate issued abroad” and issue an official notification to that effect.
All regulated products must be accredited by the Argentine Accreditation Organisation (Organismo Argentino de Acreditación, OAA) and recognised by the Government. Testing laboratories must similarly be accredited and recognised. Argentina recognises foreign certification bodies and laboratories if certified by their national accreditation agencies in countries where reciprocity agreements to such effect are in place.
The accreditation of third-party conformity assessment bodies is not a requirement for all technical regulations implemented at the national level; determining whether this is necessary depends on the analysis undertaken during the particular drafting process. OAA regulations on the accreditation of certification bodies and laboratories are consistent with those of the international standardisation organisations as contained in the ISO/IEC standards (adopted as IRAM standards).
All regulated products must be accredited by the Argentine Accreditation Organisation (Organismo Argentino de Acreditación, OAA) and recognised by the Government. Testing laboratories must similarly be accredited and recognised. Argentina recognises foreign certification bodies and laboratories if certified by their national accreditation agencies in countries where reciprocity agreements to such effect are in place.
The accreditation of third-party conformity assessment bodies is not a requirement for all technical regulations implemented at the national level; determining whether this is necessary depends on the analysis undertaken during the particular drafting process. OAA regulations on the accreditation of certification bodies and laboratories are consistent with those of the international standardisation organisations as contained in the ISO/IEC standards (adopted as IRAM standards).
Coverage Electrical products
Sources
- https://web.archive.org/web/20211026030444/https://2016.export.gov/argentina/doingbusinessinargentina/argentinacountrycommercialguide/traderegulationsandstandards/index.asp
- https://web.archive.org/web/20230320121259/http://2016.export.gov/argentina/doingbusinessinargentina/index.asp
- https://www.wto.org/english/tratop_e/tpr_e/s412_e.pdf
- https://web.archive.org/web/20240110163152/https://servicios.infoleg.gob.ar/infolegInternet/anexos/60000-64999/60905/norma.htm
- https://www.larcg.com/where-we-work/argentina/
- https://www.nemko.com/blog/argentina-requiring-in-country-testing-of-wireless-network-equipment
- https://web.archive.org/web/20210625135303/https://www.anbotek.com/argentina-s-mark-cert/
- https://www.intertek.com/product-certifications/marks/etl-ar/
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ARGENTINA
Reported in 2008, last reported in 2023
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Self-certification for product safety
In-country testing
It is reported that radiofrequency transmitter products that make use of the radioelectric spectrum or connect to the public network, which are intended to be commercialised in Argentina, are subject to a mandatory homologation process issued by the "Ente Nacional de Comunicaciones" (ENACOM). The products include WiFi devices, Bluetooth, Cellular Equipment, RFID Modules, Portable Transceivers, and Wireless Gateways. Most products require testing in Argentina, and typically one to three samples are needed depending on the device. Legal representation is required as only an Argentine supplier can apply for certification approval from ENACOM.
Coverage WiFi, Bluetooth devices, Cellular equipment, RFID modules, Portable transceivers, Wireless gateways
ARGENTINA
Since March 2019
Since September 2022
Since September 2022
Pillar Online sales and transactions |
Sub-pillar Limits on e-commerce purchases
General Resolution No. 4,450 (Resolución General No. 4,450/2019)
General Resolution No. 5,260/2022 (Resolución General No. 5,260/2022)
General Resolution No. 5,260/2022 (Resolución General No. 5,260/2022)
According to Art. 1 of General Resolution 4,450/2019, last amended by General Resolution 5,260/2022, shipments entering through the import regime by express couriers may not exceed USD 1,000 FOB (Free on Board), weigh no more than 50 kilograms and be no more than three units of the same item. Moreover, according to Art. 7 of the Resolution, the same item cannot be imported more than five times yearly.
Previously, similar measures were found in General Resolution No. 3,916/2016 and General Resolution No. 3,915/2016, both repealed in 2019.
Previously, similar measures were found in General Resolution No. 3,916/2016 and General Resolution No. 3,915/2016, both repealed in 2019.
Coverage Electronic commerce
Sources
- https://web.archive.org/web/20240111160058/https://www.argentina.gob.ar/normativa/nacional/resoluci%C3%B3n-4450-2019-321674/actualizacion
- https://en.mercopress.com/2022/09/24/argentina-limits-door-to-door-purchases-abroad
- https://www.trade.gov/market-intelligence/argentina-restrictions-imports
- https://www.infobae.com/economia/2022/09/23/compras-online-en-el-exterior-el-gobierno-modifico-los-montos-limite-en-dolares-para-los-envios/
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ARGENTINA
Since March 2013, as amended in December 2013
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
General Resolution No. 3,450 of the Federal Tax Authority (Resolución General No. 3450 de la Administración Federal de Ingresos Públicos)
According to the provisions of Art. 5 of General Resolution No. 3,550 of the Federal Tax Authority, which amends General Resolution No. 3,450 of the Federal Tax Authority, an additional 35% is charged for the use of credit and debit cards for purchases made abroad. This surcharge applies to:
- purchases made by Argentine residents, with credit or debit cards issued in Argentina, of goods or services outside the country;
- purchases made in foreign currency through web pages or Internet connections;
- purchases of services abroad contracted through Argentine travel agencies; and
- purchases of passenger transportation services to foreign destinations by land, air, and river.
This tax has implications both for Argentine customers using foreign websites and for foreign companies targeting the Argentine market.
The additional charge established in the Resolution No. 3,450 was 20%.
- purchases made by Argentine residents, with credit or debit cards issued in Argentina, of goods or services outside the country;
- purchases made in foreign currency through web pages or Internet connections;
- purchases of services abroad contracted through Argentine travel agencies; and
- purchases of passenger transportation services to foreign destinations by land, air, and river.
This tax has implications both for Argentine customers using foreign websites and for foreign companies targeting the Argentine market.
The additional charge established in the Resolution No. 3,450 was 20%.
Coverage Electronic payments
Sources
- https://web.archive.org/web/20231214200911/https://www.argentina.gob.ar/normativa/nacional/resoluci%C3%B3n-3450-2013-209507
- https://web.archive.org/web/20231214171624/https://www.argentina.gob.ar/normativa/nacional/resoluci%C3%B3n-3550-2013-223132/texto
- https://web.archive.org/web/20180907235750/http://www.consejo.org.ar/noticias13/files/RG3450_modfix_RG3550.pdf
- https://ustr.gov/sites/default/files/2022%20National%20Trade%20Estimate%20Report%20on%20Foreign%20Trade%20Barriers.pdf
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ARGENTINA
Since December 2019
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
Public Emergency Law No. 27,541 (Ley No. 27.541 de Solidaridad Social y Reactivación Productiva en el Marco de la Emergencia Pública)
Under Art. 35 of Law No. 27,541, an emergency tax that is applied at the national level for five years from the law's effective date is established. This tax applies to the following operations: exchange of foreign currency from financial entities to pay for purchases and services abroad by means of credit cards, debit cards, or similar means of payment, including internet purchases in foreign currency and cash withdrawals or advances, as well as for the payment of services rendered by non-residents in the country, using credit cards, debit cards or any other equivalent means of payment, in the name and on behalf of the client. According to Art. 36, the tax shall be applied to individuals, companies, estates, and other responsible persons resident in the country who carry out any of the operations mentioned in Art. 35. If the operation is carried out through credit, debit or purchase cards, the tax shall apply to holders, users, additional holders and beneficiaries of extensions. The tax shall be determined by applying the rate of 30%, as provided for in Art. 39.
Coverage Electronic payments
ARGENTINA
Since October 2019
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
Communication "A" 6823 (Comunicación "A" 6823)
Under Communication A 6823, cash advances made abroad from local credit cards are limited to a maximum of 50 USD per transaction. Companies and individuals need to obtain prior clearance from the Central Bank before transferring funds abroad, including dividend payments or paying for services rendered to a company by foreign affiliates. Individuals do not need to obtain Central Bank approval if transfers are made from their foreign currency accounts in Argentina to their accounts abroad.
Coverage Electronic payments
ARGENTINA
Since May 1982, as amended in March 2019
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Decree No. 1,001 (Decreto No. 1.001)
According to Art. 80 of Decree No. 1,001, as amended by Decree No. 221/2019, Argentina has a a de minimis threshold, that is the minimum value of goods below which customs do not charge duties and taxes, equal to 50 USD. This is below the 200 USD threshold recommended by the International Chamber of Commerce (ICC). In addition, this applies only to postal shipments and to a maximum of 12 shipments per year.
Coverage Horizontal
Sources
- https://global-express.org/assets/files/GEA%20De%20Minimis%20Country%20information_4%20November%202021.pdf
- https://web.archive.org/web/20231215155459/https://www.argentina.gob.ar/normativa/nacional/decreto-221-2019-321257/texto
- https://ustr.gov/sites/default/files/files/reports/2021/2021NTE.pdf
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ARGENTINA
Since September 2019
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
Resolution No. 43/2019 - Regulation for the Administration of Domain Names in Argentina (Resolución No. 43/2019 - Reglamento para la Administración de Dominios de Internet en Argentina)
According to Art. 3 of Resolution No. 43/2019, procedures related to domain names take place through a special platform called TAD (Trámites a Distancia). To use the platforms, the residents must use their tax ID, while non-residents must obtain an identification number that is provided by the Network Information Center (NIC) Argentina (Art. 4). Users of this platform can appoint an agent who takes the necessary steps to register, renew and manage domain names on their behalf (Art. 5).
Coverage Horizontal
ARGENTINA
Since October 1993, as amended in March 2008, last amended in 2018
Since December 2001
Since December 2001
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Law No. 24,240 - Consumer Protection Law (Ley No. 24.240 - Defensa del Consumidor)
Digital Signature Law No. 25,506 (Ley No. 25.506 de Firma Digital)
Digital Signature Law No. 25,506 (Ley No. 25.506 de Firma Digital)
The Consumer Protection Law and the Digital Signature Law provide a comprehensive framework for consumer protection that also applies to online transactions. Arts. 10 and 33 of Law 24,240 (as amended by the Consumer Protection Law 26.361 of 2008) regulate purchases through telecommunications, postal or electronic means. The law establishes that “when services, including public services, are contracted online or by phone, the provision of such services may be cancelled in the same way as they were contracted, at the consumer's discretion”. In addition, the supplier has 72 hours after the cancellation of services to send a record of such cancellation (without cost) to the relevant consumer or user.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231004214014/http://servicios.infoleg.gob.ar/infolegInternet/anexos/0-4999/638/texact.htm
- https://web.archive.org/web/20231212145339/https://www.argentina.gob.ar/normativa/nacional/ley-26361-139252/texto
- https://web.archive.org/web/20230926100559/http://servicios.infoleg.gob.ar/infolegInternet/anexos/70000-74999/70749/norma.htm
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ARGENTINA
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
Argentina has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal