COLOMBIA
Reported in 2021, last reported in 2023
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Complaints on lack of transparency in public procurement
There have been frequent complaints about the lack of transparency and rule changes during the award of major government contracts. It has been reported that, despite Law No. 80, transparency, fairness, and truly competitive bidding conditions in many tenders remain uncertain. The Colombian government is also resorting to auctions for the purchase of high-tech or complex equipment. These factors remain significant market access barriers for some companies interested in public sector contracts.
Coverage Horizontal
COLOMBIA
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)
Colombia 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 1996.
Coverage Horizontal
COLOMBIA
Since January 1991
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Law No. 9 of 1991 - Whereby General Rules Are Issued to Which the National Government Shall Be Subject to Regulate International Exchanges and Complementary Measures Are Adopted (Ley No. 9 de 1991 - Por la Cual se Dictan Normas Generales a las que Deberá Sujetarse el Gobierno Nacional para Regular los Cambios Internacionales y se Adoptan Medidas Complementarias)
According to Art. 15 of Law 9 of 1991, the general regime for the investment of foreign capital in the country and Colombian investments abroad is established by the National Government. With the exception of those matters relating to the transfer of resources abroad, foreign investment in Colombia shall be treated for all purposes in the same manner as the investment of Colombian nationals.
Coverage Horizontal
COLOMBIA
Since June 1971, last amended in January 2022
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Commercial presence requirement for digital services providers
Commerce Code (Código de Comercio)
Art. 471 of the Commerce Code stipulates that for a foreign company to engage in "permanent" business in Colombia, it must set up a branch domiciled in the country. According to Art. 474 of the Code, activities deemed "permanent" include:
- Opening commercial establishments or business offices;
- Intervening as a contractor of works or provision of services;
- Obtaining a concession from the Colombian State (or if the State has formally given up rights through another title) or participating in some way in the exploitation of a concession;
- The fact that associate assemblies, board of directors, or administration of a foreign company are operating in the national territory.
- Opening commercial establishments or business offices;
- Intervening as a contractor of works or provision of services;
- Obtaining a concession from the Colombian State (or if the State has formally given up rights through another title) or participating in some way in the exploitation of a concession;
- The fact that associate assemblies, board of directors, or administration of a foreign company are operating in the national territory.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240228025309/http://www.secretariasenado.gov.co/senado/basedoc/codigo_comercio.html
- https://web.archive.org/web/20220926000417/https://revistaicdt.icdt.co/wp-content/Revista%2079/PUB_ICDT_AR_CABRERA%20CABRERA%20Omar%20Sebastian_El%20concepto%20de%20establecimiento%20permanente%20en%2...
- https://web.archive.org/web/20241129112443/https://resourcehub.bakermckenzie.com/en/resources/public-procurement-world/public-procurement/colombia/topics/1-the-laws
- https://web.archive.org/web/20241129130621/https://trade.ec.europa.eu/access-to-markets/en/barriers/details?isSps=false&barrier_id=13162
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COLOMBIA
Reported in 2022, last reported in 2024
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Commercial presence requirement for digital services providers
Reported requirement for commercial presence in data processing and information services
It is reported that the provision of data processing and information services in Colombia necessitates the establishment of a formal commercial presence.
Coverage Data processing and information services
Sources
- https://www.state.gov/reports/2024-investment-climate-statements/colombia/
- https://web.archive.org/web/20240328152605/https://www.state.gov/reports/2023-investment-climate-statements/colombia/
- https://web.archive.org/web/20230531040225/https://www.state.gov/reports/2022-investment-climate-statements/colombia__trashed/
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CHINA
Since 2004
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
China has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
CHINA
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
China 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
CHINA
Since July 1999
Pillar Technical standards applied to ICT goods and online services |
Indicator Restrictions on encryption standards
Regulation on Commercial Encryption (关于商业加密的规定)
Without a sales certificate provided by China’s National Commission on Encryption Code Regulations (NCECR), it is illegal to sell products using Commercial Encryption Codes (CEC). It is also prohibited to use CEC products not certified by the NCECR. The public promotion and/or exhibition of CEC products must be reported to and approved by the NCECR in advance.
To obtain the certificate, the company must fulfil three requirements:
- They must be staffed with personnel who are knowledgeable in CEC product information and capable of providing post‑sales services;
- They must be able to provide full sales services and be equipped with safety regulations;
- They must also have the rights of an independent juridical unit.
To obtain the certificate, the company must fulfil three requirements:
- They must be staffed with personnel who are knowledgeable in CEC product information and capable of providing post‑sales services;
- They must be able to provide full sales services and be equipped with safety regulations;
- They must also have the rights of an independent juridical unit.
Coverage Encryption products
CHINA
Since April 2009, entry into force in October 2009
Pillar Online sales and transactions |
Indicator Licensing scheme for e-commerce providers
Postal Law of the People's Republic of China (中华人民共和国邮政法)
According to Art. 51 of the Postal Law of the People's Republic of China, a specific license is needed for express delivery business. It is reported that the administrative licensing for express delivery services is non-transparent and burdensome, preventing competition. It is reported that as companies are required to apply to each city where there is a postal administration department, they need to go through at least 350 review and approval processes if they want to operate at the national level.
Coverage Express delivery services
Sources
- https://web.archive.org/web/20170915200941/https://www.europeanchamber.com.cn/en/publications-archive/374/Logistics_Position_Paper_2015_2016
- https://web.archive.org/web/20191203041332/http://www.asianlii.org/cn/legis/cen/laws/plotproc367/
- https://web.archive.org/web/20220320062912/http://www.gov.cn/flfg/2009-04/24/content_1295123.htm
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CHINA
Since August 2018, entry into force in January 2019
Pillar Online sales and transactions |
Indicator Licensing scheme for e-commerce providers
E-Commerce Law of the People’s Republic of China (中华人民国电子商务法)
China's first comprehensive legislation regulating e-commerce came into effect in January 2019. According to Art. 9, the law applies to all "e-commerce operators," including all individuals and legal entities selling goods and/or providing services on the Internet or other information networks. This includes operators of e-commerce platforms, sellers of goods and services on the e-commerce platforms of others, and those who operate their own websites or through other network services. The law is reported to extend to non-traditional shopping channels, including social media and messaging services, such as WeChat, and streaming sites, such as Douyin. According to Arts. 10-14, all e-commerce operators are obliged to obtain business licenses, register with the tax authorities, and ensure that information on their business and administrative licenses related to their business services is displayed online in a readable form at all times.
Coverage E-Commerce sector
Sources
- https://web.archive.org/web/20210917141914/https://www.deacons.com/news-and-insights/publications/china-passes-new-e-commerce-law-a-safe-harbour-with-chinese-characteristics.html
- https://web.archive.org/web/20220313050215/https://ipkey.eu/sites/default/files/documents/resources/PRC_E-Commerce_Law.pdf
CHINA
Reported in 2020, last reported in 2023
Pillar Online sales and transactions |
Indicator Restrictions on online payments
Discrimination of foreign payment services
In 2012, a WTO dispute was initiated concerning China's rules governing access to its domestic electronic payments market, which were deemed to unfairly disadvantage foreign credit and debit card issuers. While China stated that it would evaluate the ruling, it has been slow to revise its market-access regulations. Currently, China UnionPay Co. holds a near monopoly on processing yuan-denominated payments, bolstered by its close ties with the Central Bank, which has acted against emerging competitors in a manner that appears to favour UnionPay.
In 2020, Mastercard received approval from the People's Bank of China (PBOC) to begin preparations for establishing a bank card clearing institution in the country, including a joint venture with NetsUnion Clearing Corp., an online payment clearing house with PBOC stakeholders. Similarly, American Express secured preliminary approval in 2018 to undertake clearing services for credit card payments in China, with its application to process domestic payments through a joint venture with LianLian Group accepted in January 2020.
These approvals were part of the US-China phase one trade deal initiated in January 2020, which required Beijing to process applications from payment firms in a timely manner. Specifically, applications to become bank card clearing houses had to be accepted within five business days, with a response required within 90 days. However, this deal expired in December 2021, leaving the future of foreign payment processors in China uncertain.
Despite this situation, in July 2023, Alipay, China’s largest payment app operated by Ant Group, announced that foreign users can now link cards issued by Visa, Mastercard, Diners Club, and Discover to their digital wallets.
In 2020, Mastercard received approval from the People's Bank of China (PBOC) to begin preparations for establishing a bank card clearing institution in the country, including a joint venture with NetsUnion Clearing Corp., an online payment clearing house with PBOC stakeholders. Similarly, American Express secured preliminary approval in 2018 to undertake clearing services for credit card payments in China, with its application to process domestic payments through a joint venture with LianLian Group accepted in January 2020.
These approvals were part of the US-China phase one trade deal initiated in January 2020, which required Beijing to process applications from payment firms in a timely manner. Specifically, applications to become bank card clearing houses had to be accepted within five business days, with a response required within 90 days. However, this deal expired in December 2021, leaving the future of foreign payment processors in China uncertain.
Despite this situation, in July 2023, Alipay, China’s largest payment app operated by Ant Group, announced that foreign users can now link cards issued by Visa, Mastercard, Diners Club, and Discover to their digital wallets.
Coverage Payment services
Sources
- https://web.archive.org/web/20230801153944/http://www.wsj.com/articles/china-to-open-domestic-bank-card-clearing-to-private-investors-1414582842
- https://web.archive.org/web/20231001002135/https://edition.cnn.com/2023/07/21/tech/china-alipay-wechat-pay-international-credit-cards-intl-hnk/index.html
- https://web.archive.org/web/20231129185954/https://ustr.gov/sites/default/files/2014%20NTE%20Report%20on%20FTB%20China.pdf
- https://web.archive.org/web/20221203130134/https://techcrunch.com/2020/02/11/mastercard-given-approval-to-prepare-for-entry-into-chinas-payments-market/
- https://web.archive.org/web/20211001060547/https://www.piie.com/research/piie-charts/us-china-phase-one-tracker-chinas-purchases-us-goods
- https://web.archive.org/web/20230130083017/http://www.gov.cn/zhengce/2018-03/22/content_5276487.htm
- https://web.archive.org/web/20231221175254/https://ustr.gov/sites/default/files/files/agreements/phase%20one%20agreement/Economic_And_Trade_Agreement_Between_The_United_States_And_China_Text.pdf
- https://web.archive.org/web/20230203144526/https://www.scmp.com/economy/china-economy/article/3162111/us-china-relations-beijing-washington-reach-trade-talk
- https://web.archive.org/web/20220102154827/https://www.bloomberg.com/news/articles/2020-01-11/china-pension-fund-looks-abroad-for-investment-opportunities
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CHINA
Reported in 2021, last reported in 2023
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Limited de minimis threshold
According to Art. 45 of the Regulations of the People's Republic of China on Import and Export Duties (中华人民共和国进出口关税条例), goods within a single consignment, for which the estimated duties do not exceed 50 Yuan (approx. USD 7.5) shall be exempt from duties. In addition, it is reported that China Customs also applies a dedicated e-commerce clearance channel with a goods value de minimis of 5,000 RMB (approx. 700 USD), subject to meeting certain conditions, such as prior carrier and platform registration. Use of this channel is limited to an annual cap of RMB 26,000 (approx. USD 3,600).
Coverage Horizontal
Sources
- https://web.archive.org/web/20240313090038/https://global-express.org/index.php?id=271&act=101&profile_id=-1&countries%5B%5D=-2&search_terms=&question-filter=&qid_34=1&qid_34_optid=1&qid_35=1&qid_36=1...
- https://web.archive.org/web/20240224235121/https://mag.wcoomd.org/magazine/wco-news-84/cross-border-e-commerce-in-china/
- https://web.archive.org/web/20221208154052/https://www.gov.cn/gongbao/content/2017/content_5219152.htm
- https://web.archive.org/web/20230227012953/https://global-express.org/assets/files/GEA%20De%20Minimis%20Country%20information_4%20November%202021.pdf
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CHINA
Since August 2021, entry into force in November 2021
Pillar Online sales and transactions |
Indicator Local presence requirements for digital services providers
Personal Information Protection Law (个人信息保护法)
According to Art. 53 of the Personal Information Protection Law, personal information processors outside the territory of the People's Republic of China, as specified in Art. 3, shall set up specialised agencies or designate representatives within the territory of the People's Republic of China to be responsible for handling personal information protection related matters, and shall submit the names, contact information, and other information of the agencies and representatives to the departments with personal information protection duties.
Coverage Horizontal
CHINA
Since June 2017
Since June 2017
Since June 2017
Pillar Online sales and transactions |
Indicator Local presence requirements for digital services providers
Internet News Information Service Management Regulations (互联网新闻信息服务管理规定)
Provisions on Administrative Law Enforcement Procedures for Internet Information Content Management (互联网信息内容管理行政执法程序规定)
Provisions on Administrative Law Enforcement Procedures for Internet Information Content Management (互联网信息内容管理行政执法程序规定)
According to Art. 5 of the Internet News Information Service Management Regulations, Internet news providers are required to obtain a permit to provide Internet news information services to the social public through Internet websites, application software, forums, blogs, microblogs, public accounts, instant messaging tools, online live streaming, and other such methods. Pursuant to Art. 6 of the regulations, the applicant’s person-in-charge or chief editor must be a Chinese citizen. In addition, the applicant must separately obtain an Internet Information Service license or file procedures with the telecommunications authorities in accordance with the law. In addition, according to Art. 6, to apply for an Internet news information service license, one must have places, facilities, and funds suitable for the service. The Regulations on Administrative Enforcement Procedures for Internet Information Content set out the procedural and administrative processes for the Cyberspace Administration of China to enforce the laws and regulations relating to Internet content.
These provisions broadened the definition of “internet news information services” to “services of collecting, editing, and releasing internet news information; reposting such news information; and providing a platform to spread such news information.” They also broaden the definition of “news information” to include relevant reports and commentaries on politics, the economy, military affairs, foreign affairs, and other public affairs, as well as relevant reports and commentaries on social emergencies.
These provisions broadened the definition of “internet news information services” to “services of collecting, editing, and releasing internet news information; reposting such news information; and providing a platform to spread such news information.” They also broaden the definition of “news information” to include relevant reports and commentaries on politics, the economy, military affairs, foreign affairs, and other public affairs, as well as relevant reports and commentaries on social emergencies.
Coverage News providers
Sources
- https://web.archive.org/web/20231107150741/http://www.cac.gov.cn/2017-05/02/c_1120902760.htm
- https://web.archive.org/web/20231107150746/http://www.cac.gov.cn/2017-05/02/c_1120902931.htm
- https://web.archive.org/web/20211025231346/https://www.lexology.com/library/detail.aspx?g=af1b1b36-3c2c-45ef-b328-9566de509b33
- https://web.archive.org/web/20220127231019/https://www.lexology.com/library/detail.aspx?g=b2aa77aa-0270-40f8-9f18-ad65b6130259
- https://web.archive.org/web/20231221221634/https://chinacopyrightandmedia.wordpress.com/2017/05/02/internet-news-information-service-management-regulations-2/
- https://web.archive.org/web/20230917093303/http://finance.sina.com.cn/roll/2017-05-04/doc-ifyexxhw2298844.shtml
- https://web.archive.org/web/20231030123540/https://www.reuters.com/article/us-china-internet-censorship-security-idUSKBN17Y0Y6
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CHINA
October 1993, entry into force in January 1994, last amended in March 2014
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Law of the People's Republic of China on Protection of Consumer Rights and Interests (消费者权益保护法)
The Chinese consumer protection framework is set out in the Law of the People's Republic of China on Protection of Consumer Rights and Interests. The law applies to all consumers purchasing and using commodities or receiving services for daily consumption and to business operators in their supply of commodities produced and sold by them or services provided to consumers.
Coverage Horizontal
Sources
- http://www.lehmanlaw.com/resource-centre/laws-and-regulations/consumer-protection/law-of-the-peoples-republic-of-china-on-protection-of-the-rights-and-interests-of-the-consumers-1994.html
- https://web.archive.org/web/20200224205034/http://www.npc.gov.cn/wxzl/gongbao/2000-12/05/content_5004605.htm
- https://www.chinalawtranslate.com/en/consumer-protection-law-including-2013-amendments/
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