Database

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KAZAKHSTAN

Since December 1994
Since July 1999
Since July 2014
Since October 2015

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Civil Code of the Republic of Kazakhstan (General Part) (Қазақстан Республикасының Азаматтық кодексі (Жалпы бөлім))

Civil Code of the Republic of Kazakhstan (Special Part) (Қазақстан Республикасының Азаматтық кодексі (Ерекше бөлім))

Penal Code of the Republic of Kazakhstan (Қазақстан Республикасының Қылмыстық кодексі)

Entrepreneur Code of the Republic of Kazakhstan (Қазақстан Республикасының Кәсіпкерлік кодексі)
Under Art. 126 of the Civil Code (General Part), information is protected as a commercial secret where it has actual or potential commercial value because it is unknown and not lawfully accessible to third parties, provided that its holder takes measures to preserve its confidentiality. Persons who unlawfully obtain or disclose the information, including employees and contractual counterparties, must compensate the resulting damage. Arts. 1017 and 1018 of the Civil Code (Special Part) further protect undisclosed technical, organisational or commercial information, including know-how, against unlawful use and provide for compensation. Art. 28 of the Entrepreneur Code prohibits the unlawful acquisition, disclosure and use of commercial secrets, permits businesses to establish access controls and non-disclosure obligations, and protects trade secrets submitted to public authorities. Art. 223 of the Penal Code establishes criminal liability for the illegal acquisition, disclosure or use of commercial secrets.
Coverage Horizontal

KAZAKHSTAN

N/A

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in Information Technology Agreement Expansion Agreement (ITA II)
Kazakhstan is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 but is not a signatory of its 2015 expansion (ITA II).
Coverage ICT goods

KAZAKHSTAN

N/A

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
There is no obligation for passive infrastructure sharing in the country to deliver telecom services to end users. However, it is practiced in the mobile sector and in the fixed sector based on commercial agreements.
Coverage Telecommunications sector

KAZAKHSTAN

Since October 2020, until June 2026

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Antidumping, countervailing duties, and safeguard measures on ICT goods
Reported anti-dumping measure
It is reported that the Eurasian Economic Union, which includes Kazakhstan, imposed definitive anti-dumping duties on imports of aluminium strip (HS code subheadings 7606.11.91.00, 7606.12.20.09 and 7606.12.92.09) originating in Azerbaijan and China on 24 October 2020. The duty rate applicable to imports from Azerbaijan was set at 16.18%, while the corresponding rate for imports from China was established at 13.14%. On 17 October 2025, the Eurasian Economic Union published a notice extending the application of these definitive duties until 29 June 2026. These products are used to manufacture components of ICT goods, such as heat sinks, printed circuit boards (PCBs), charging cables, HDMI cables, and displays.
Coverage Product: aluminium strip (HS code subheadings 7606.11.91.00, 7606.12.20.09 and 7606.12.92.09)

Countries: Azerbaijan, China

KAZAKHSTAN

Reported in 2019, last reported in 2025

Pillar Telecom infrastructure & competition  |  Indicator Maximum foreign equity share for investment in the telecommunication sector
Restriction on foreign ownership of state-controlled enterprise
In 2016, Kazakhstan formally removed the general 49% foreign-equity cap for telecommunications companies, while retaining a 49% threshold for Kazakhtelecom and its possible successors. As of January 2025, the state controlled Kazakhtelecom through Samruk-Kazyna, its wholly state-owned sovereign wealth fund, which held 79.24% of the company’s issued ordinary shares.
Coverage KazakhTeleCom

KAZAKHSTAN

Since July 2024, entry into force in Janaury 2025
Since March 2024
Since October 2024

Pillar Public procurement of ICT goods and online services  |  Indicator Exclusion from public procurement
Law No. 106-VIII LRK on Public Procurement (Қазақстан Республикасының Заңы 2024 жылғы 1 шілдедегі № 106-VIII ҚРЗ. Мемлекеттiк сатып алу туралы)

Government Resolution No. 207 of 20 March 2024 “On Establishment of an Exemption from National Treatment” (Ұлттық режимнен алып тастауды белгілеу туралы)

Order of the Minister of Finance No. 687 of 9 October 2024 “On Approval of the Public Procurement Rules” (Мемлекеттік сатып алуды жүзеге асыру қағидаларын бекіту туралы)
Under Art. 9 of Law No. 106-VIII on Public Procurement, national treatment applies to foreign-origin goods and services supplied by non-resident potential suppliers only in the cases and under the conditions established by international treaties ratified by Kazakhstan. The Government may establish exceptions from national treatment for up to two years to protect the constitutional order, national defence and security, the domestic market and national economy, and to support Kazakhstani goods and producers.
Government Resolution No. 207 of 20 March 2024 establishes an exception from national treatment for foreign-origin goods and services covered by the Register of Trusted Software and Electronic Industry Products. Under para. 23 of the Public Procurement Rules approved by Order No. 687, procurement covered by an exception from national treatment must be conducted among persons included in the Register of Kazakhstani Commodity Producers or the Register of Trusted Software and Electronic Industry Products.
Coverage Horizontal

KAZAKHSTAN

Reported in 2022, last reported in 2025

Pillar Telecom infrastructure & competition  |  Indicator Presence of shares owned by the government in telecom companies
Presence of government shares in telecommunications companies
It is reported that the state-owned sovereign wealth fund Samruk-Kazyna holds 79.24% of Kazakhtelecom’s issued ordinary shares. Kazakhtelecom, the country’s principal telecommunications operator, provides a broad range of services, including fixed-line telephony, fixed broadband, pay television, data storage and processing, IT products, and other digital services. Kazakhtelecom also holds a 51% stake in Kcell, a mobile telecommunications operator offering voice, messaging, and mobile internet services, including through its 4G and 5G networks. In addition, Samruk-Kazyna directly holds at approx. 5.5% of Kcell’s shares.
The state also holds a 25% stake in Transtelecom through the wholly state-owned Kazakhstan Temir Zholy. Transtelecom provides fixed internet and telephony services, data transmission and channel leasing, as well as data-centre and cloud solutions and IT systems integration.
Coverage Kazakhtelecom, Kcell and Transtelecom

ARGENTINA

N/A

Pillar Online sales and transactions  |  Indicator 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 December 2006, last amended in August 2023

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Import ban applied on ICT goods or online services
Law No. 26.184 on Portable Electric Energy (Ley No. 26.184 sobre Energía Eléctrica Portátil)
Law 26.184 set out import prohibition on ordinary zinc-carbon and manganese alkaline primary cells and primary batteries, in cylindrical or prism form, with a mercury content exceeding 0.0005% by weight, a cadmium content exceeding 0.015% by weight and a lead content exceeding 0.2% by weight.
Coverage HS 8506 (Certain primary cells and primary batteries)

ARGENTINA

Since April 2025

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Communication “A” 8226 (Comunicación “A” 8226)
Under Argentina’s foreign-exchange regime, importers are subject to conditions for accessing the official foreign-exchange market to make payments for imported goods, including, in certain cases, prior approval from the Central Bank of Argentina (Banco Central de la República Argentina, BCRA). Communication “A” 8226, effective from 14 April 2025, eliminated the waiting period for payments for goods already registered with customs, allowing importers to access the official foreign-exchange market from the date of customs registration. However, payments made before customs registration generally remain subject to prior BCRA approval unless they fall within specified exceptions. Communication “A” 8226 also broadened those exceptions, including for certain payments made by Micro, Small and Medium-sized Enterprises (MiPyMEs) and for capital goods.
Coverage Mobile phones and other electronic products

ARGENTINA

Reported in 2022, last reported in 2025

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
It is reported that self‑certification is not permitted in Argentina for radio transmission, electromagnetic interference (EMI), or electromagnetic compatibility (EMC). Equipment must be tested by accredited domestic laboratories. Although foreign test reports are not accepted, they may nonetheless help to expedite the approval process. Testing and certification are required for most telecommunications terminal equipment and radio‑frequency devices. It is further reported that ENACOM (National Communications Entity) issued Resolution 2/2022, as a result of which, from February 2022 onwards, all WWAN devices must be tested locally.
Coverage Electronic products

ARGENTINA

Since November 2024

Pillar Online sales and transactions  |  Indicator Limits on e-commerce purchases
General Resolution No. 5608/2024 (Resolución General No. 5608/2024)
Pursuant to Annex II of General Resolution No. 5608/2024, consignments classified as small shipments and addressed to natural or legal persons shall comply with the following conditions: they must comprise no more than three units of the same type; the weight of each package shall not exceed 50 kilograms, irrespective of the aggregate weight of the consignment; the declared value of the shipment shall not exceed USD 3,000; and the goods shall not be intended for commercial purposes. Also, such shipments may only be utilised up to five times per calendar year per person.
Coverage Electronic commerce

ARGENTINA

Since December 2024

Pillar Online sales and transactions  |  Indicator Restrictions on online payments
General Resolution No. 5,617/2024 (Resolución General No. 5617/2024)
From 19 December 2024, General Resolution No. 5617/2024 established a 30% advance tax payment on certain foreign transactions made by Argentine residents. Under Art. 1(b)–(c), the charge applies to purchases of foreign goods and services paid through credit, purchase, or debit cards and equivalent payment methods, including online and other distance purchases in foreign currency, cash withdrawals abroad, and payments for services supplied by non-residents.
Under Art. 3, the measure applies to resident individuals, legal persons, and other responsible persons carrying out the covered transactions. Art. 6 sets the rate at 30% of the amount expressed in Argentine pesos, while Art. 7 treats the charge as an advance payment of income tax or personal assets tax. For card transactions, it applies to cardholders, users, additional cardholders, and beneficiaries of card extensions. The law did not repeal Law No. 27,541; rather, it maintained the separate advance-payment regime after the PAIS tax established by that Law expired on 22 December 2024.
Coverage Electronic payments

ARGENTINA

Since October 2019

Pillar Online sales and transactions  |  Indicator 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 December 2024

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Decree No. 1,065/2024 (Decreto No. 1065/2024)
Decree No. 1,065/2024 introduced a USD 400 customs-duty de minimis threshold for non-commercial courier imports. Art. 1 provides that goods entering through the postal-service-provider or courier regime are exempt from import duty and the statistical fee up to an FOB value of USD 400 per shipment, subject to a maximum of five shipments per year and per person.
Coverage Horizontal

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