ARGENTINA
Since December 2014, last amended in April 2024
Since September 2000
Since September 2000
Pillar Telecom infrastructure & competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Law No. 27.078 of Argentina Digital (Ley No. 27.078 de Argentina Digital)
Decree No. 764/2000
Decree No. 764/2000
Argentina has established both functional (Art. 47 of Law No. 27,078) and accounting separation (Art. 12 of Decree No. 764) for the operator with significant market power.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20231105192027/http://servicios.infoleg.gob.ar/infolegInternet/anexos/235000-239999/239771/norma.htm
- https://web.archive.org/web/20231129220159/http://servicios.infoleg.gob.ar/infolegInternet/anexos/60000-64999/64222/texact.htm
- https://datahub.itu.int/data/?i=100047&e=BWA
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ARGENTINA
Since July 2003
Since December 2014, as amended in December 2015
Since December 2014, as amended in December 2015
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Law No. 25.750 of Preservation of Cultural Property and Heritage (Ley No. 25.750 de Preservación de Bienes y Patrimonios Culturales)
Law No. 27.078 of Argentina Digital (Ley No. 27.078 de Argentina Digital)
Law No. 27.078 of Argentina Digital (Ley No. 27.078 de Argentina Digital)
Arts. 2 and 3 of Law No. 25.750 stipulate that foreign equity ownership in digital content producers and Internet service providers may not exceed 30%. This limit may be exceeded in the event of a reciprocity agreement. There is no definition of digital content producers in the law. In addition, Art. 13 of Law No. 27.078 provides that ENACOM (Ente Nacional de Comunicaciones, National Communications Entity) must approve any proposed changes to shareholdings or partnership interests in companies in this sector if such changes would affect the control of the company.
Coverage Digital content producers and Internet service providers
Sources
- https://web.archive.org/web/20231214200433/https://www.argentina.gob.ar/normativa/nacional/ley-25750-86632/texto
- https://web.archive.org/web/20230304030336/https://servicios.infoleg.gob.ar/infolegInternet/anexos/235000-239999/239771/texact.htm
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S412R1.pdf&Open=True
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ARGENTINA
Reported in 2021, last reported in 2023
Pillar Telecom infrastructure & competition |
Sub-pillar Licensing restrictions to operate in the telecom market
Complaint on long-standing applications for satellite networks
Argentina has a single licensing system, regulated by the National Entity for Communications (ENACOM), for providing all types of telecommunications services, with or without its own infrastructure. When applying for a license, national and foreign operators are subject to the same requirements. The single license does not expire unless the operator requests its cancellation or ceases to fulfil its obligations as a service provider.
However, it has been reported that there are several long-standing applications for authority to operate certain satellite systems pending at the Undersecretariat of Information and Communications Technologies, which has failed to provide any information on the reason for the delay in processing such applications. Also, it has been reported that the country has high spectrum usage fees for satellite services.
However, it has been reported that there are several long-standing applications for authority to operate certain satellite systems pending at the Undersecretariat of Information and Communications Technologies, which has failed to provide any information on the reason for the delay in processing such applications. Also, it has been reported that the country has high spectrum usage fees for satellite services.
Coverage Satellite services
Sources
- https://tiaonline.org/wp-content/uploads/2023/10/2024-NTE-1377-TIA-Comments-FINAL.pdf
- https://www.wto.org/english/tratop_e/tpr_e/s412_e.pdf
- https://web.archive.org/web/20231203204734/https://www.argentina.gob.ar/normativa/nacional/decreto-690-2020-341372/texto
- https://www.lexology.com/library/detail.aspx?g=ba0ec4cb-6d71-4c53-80f5-2f9c81c0f8e9
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ARGENTINA
Since April 2006
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Law No. 26,092 - Argentine Company of Satellite Solutions (Ley No. 26.092 de Empresa Argentina de Soluciones Satelitales)
According to Law 26,092, the state-owned Empresa Argentina de Soluciones Satelitales S.A. (ARSAT S.A.) operates the federal fibre optic (backbone) network (ReFeFo) and provides retail fibre optic and satellite communication services. ARSAT acts both as a satellite operator and as a reseller of satellite capacity to third parties. The company holds exclusive rights to operate and commercialise geostationary orbital position 81W in Ku-band (North and South America) and C-band (hemispheric coverage). The regulator for the telecommunications sector, the National Entity for Communications (ENACOM), allocates frequency bands to ARSAT directly and not through auctions. In 2019, it was decided that the frequencies not used by ARSAT would be put up for auction. However, the auctions have not yet been held. As a result, the State still maintains a monopoly over fibre optic wholesale and satellite communication services.
Coverage Fibre optic wholesale service and satellite communication services
Sources
- https://www.wto.org/english/tratop_e/tpr_e/s412_e.pdf
- https://web.archive.org/web/20230314091035/https://servicios.infoleg.gob.ar/infolegInternet/anexos/115000-119999/115886/texact.htm
- https://publications.iadb.org/publications/english/document/The-Provision-of-Satellite-Broadband-Services-in-Latin-America-and-the-Caribbean.pdf
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ARGENTINA
Since August 2020
Pillar Telecom infrastructure & competition |
Sub-pillar Licensing restrictions to operate in the telecom market
Decree No. 690/2020
According to Arts. 48 and 54 of Law No. 27.078, as amended by Decree No. 690/2020, the National Communications Agency (ENACOM) regulates the pricing of essential and strategic public services, including basic fixed and mobile telephony services. This regulatory framework has been identified as a potential obstacle to the bidding process for fifth-generation (5G) mobile technology, which the government intended to initiate in early 2023. It is reported that if service prices continue to be set by the state, as stipulated in the Decree, companies may struggle to recover their investment.
Coverage Telecommunications sector
Sources
- https://www.boletinoficial.gob.ar/detalleAviso/primera/233932/20200822
- https://www.lanacion.com.ar/economia/cuando-aumentan-las-tarifas-de-celulares-e-internet-que-autorizo-el-gobierno-nid29122022/
- https://www.telesemana.com/blog/2023/01/04/argentina-flamante-asociacion-cuestiona-el-camino-para-avanzar-hacia-5g-y-pide-al-enacom-una-vision-integral-del-sector/
- https://www.bnamericas.com/en/news/could-argentina-launch-a-5g-tender-next-year
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ARGENTINA
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)
7.7%
Coverage rate of zero-tariffs on ICT goods (%)
38.46%
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 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
Sources
- 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
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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
Countries: China and Germany
Sources
- https://web.archive.org/web/20231212051306/https://www.argentina.gob.ar/normativa/nacional/resoluci%C3%B3n-106-2009-151978/texto
- https://www.globaltradealert.org/intervention/17097/anti-dumping/argentina-extension-of-definitive-antidumping-duty-on-imports-of-electrical-connection-terminals-from-china-and-germany
- http://i-tip.wto.org/goods/Forms/TableViewDetails.aspx?mode=modify
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ANGOLA
N/A
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
Angola lacks a comprehensive framework for consumer protection that applies to online transactions.
Coverage Horizontal
ANGOLA
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
Angola has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
ANGOLA
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
Angola 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
ANGOLA
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
Angola 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
ANGOLA
Since May 2007, last amended in October 2021
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Export restrictions on ICT goods or online services
Law No. 26/21 Amending Law No. 1/07 on Commercial Activities (Law No. 26/21 - Lei que altera a Lei 1/07 das Actividades Comerciais)
Law No. 26/21, amending Law No. 1/07 on Commercial Activities, maintained the licensing requirements and procedures for importers that were in place in the previous regime. Exporters of goods exceeding USD 5,000 must obtain an export license.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230402063817/https://faolex.fao.org/docs/pdf/ang205939.pdf
- https://jomqservices.co.ao/content/artigos/Lei%201.07,%20de%2014%20de%20Maio,%20da%20Lei%20das%20Actividades%20Comerciais.pdf
- https://www.trade.gov/country-commercial-guides/angola-trade-barriers
- https://www.wto.org/english/tratop_e/tpr_e/s321_e.pdf
- https://www.doingbusiness.org/content/dam/doingBusiness/country/a/angola/AGO.pdf
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ANGOLA
Reported in 2015, last reported in 2023
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Self-certification for product safety
Self-certification for electronic products
It is reported that the homologation process for electronic products does not require local labouratory testing or contact with local representatives. While certification is not explicitly required, there are reports of many products distributed in Angola with ISO and CE markings. In 2015, the Angolan government, through the Ministry of Industry, established the Angolan Institute of Accreditation (IAAC), which has recently merged with IANOQQ (Angolan Institution of standardisation and Quality) to form a new accreditation body: the INIQ (National Institute of Quality Infrastructures). Foreign entities can also provide accreditation services. The INIQ is the point of contact for Southern African Development Community Accreditation Services (SADCAS). SADCAS is a multi-economy accreditation body established under Art. 17 of the Standards and Technical Regulation on Trade to the SADC Protocol on Trade. Its primary purpose is to ensure that conformity assessment service providers, such as calibration/testing/medical labouratories, certification, and inspection bodies, operating in SADC member states that do not have national accreditation bodies, are subject to oversight by an authoritative body.
Coverage Electronic products
Sources
- https://web.archive.org/web/20220627164159/https://minttics.gov.ao/fotos/frontend_10/gov_documentos/dec_7323757305f1875c37d825.pres._108_de_25_de_maio_2016-aprova_o_rgce.pdf
- https://www.certvalue.com/fcc-certification-in-angola/
- https://web.archive.org/web/20240328175827/https://www.inacom.gov.ao/fotos/frontend_1/editor2/decreto_no_13_04-12_de_marco_de_2004.pdf
- https://ib-lenhardt.com/type-approval/angola
- https://www.sadc.int/sites/default/files/2021-11/Protocol_on_Trade1996.pdf
- https://5mglobal.com/angola/
- https://www.wto.org/english/tratop_e/tpr_e/s321_e.pdf
- https://web.archive.org/web/20240330160834/https://www.inacom.gov.ao/fotos/frontend_1/editor2/decreto_presidencial_no_122_de_9_junho_de_2016-3_de_outubro_de_2017.pdf
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ANGOLA
Since November 2019
Since December 2021
Since December 2021
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Presidential Legislative Decree No. 10/19 - Customs Tariffs Law (Decreto Legislativo Presidencial No. 10/19 - Lei da Pauta Aduaneira)
Law No. 32/21 - Angolan State Budget 2022 (Lei No. 32/21 - Lei do Orçamento Geral do Estado 2022)
Law No. 32/21 - Angolan State Budget 2022 (Lei No. 32/21 - Lei do Orçamento Geral do Estado 2022)
Art. 13 of Presidential Legislative Decree No. 10/19, also known as the Customs Tariffs Law, specifies that goods for personal use sent through the post office, courier, or express cargo operators are exempt from the dispatch procedure and payment of customs duties as long as they cumulatively are below the limit per traveller's remittance, set at 2,640 Fiscal Correction Unit (UCF), the equivalent of 232,320 kwanzas (approximately USD 200). More recently, Art. 15 of Law No. 31/21 introduced changes to the Custom Tariffs Law, raising the threshold for personal goods to 1,000,000 kwanzas (approximately USD 1,200), which is above the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
Sources
- https://web.archive.org/web/20211109111206/https://www.ucm.minfin.gov.ao/cs/groups/public/documents/document/aw4x/mjm3/~edisp/minfin1237904.pdf
- https://web.archive.org/web/20231031180009/https://portal.inss.gov.ao/wp-content/uploads/2022/06/Lei-32_21-Que-aprova-o-Orcamento-Geral-do-Estado-para-o-Exercicio-Economico-de-2022.pdf
- https://www.ucm.minfin.gov.ao/cs/groups/public/documents/document/aw4z/mzg4/~edisp/minfin3388777.pdf
- https://web.archive.org/web/20221206083252/https://www.jornaldeangola.ao/ao/noticias/encomendas-postais-ficam-isentas-de-taxas-aduaneiras/
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