RUSSIA
Since January 2020
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Government Decree No. 1746, "On establishing a prohibition on the admission of certain types of goods originating from foreign countries, and amending certain acts of the government of the Russian Federation" (Постановление Правительства РФ от 21 декабря 2019 г. № 1746 “Об установлении запрета на допуск отдельных видов товаров, происходящих из иностранных государств, и внесении изменений в некоторые акты Правительства Российской Федерации")
Government Decree No. 1746 of December 2019, "On establishing a prohibition on the admission of certain types of goods originating from foreign countries, and amending certain acts of the government of the Russian Federation", puts in place a two-year prohibition on the procurement of almost all types of memory storage devices from foreign states for governmental and municipal needs, except for data storage systems included in the unified state register of Russian radio-electronic devices.
Coverage Data storage devices
RUSSIA
Since January 2016
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Resolution No. 1236 "On Prohibition of Admission of Software originated in Foreign Countries for the Purposes of Procurement for State and Municipal Needs" (ПОСТАНОВЛЕНИЕ от 16 ноября 2015 г. № 1236 "Об установлении запрета на допуск программного обеспечения, происходящего из иностранных государств, для целей осуществления закупок для обеспечения государственных и муниципальных нужд")
Decree No. 1236 restricts the procurement of foreign software, mandating that only Russian software may be used for state and municipal orders. Exceptions to this rule are permitted only when Russian software is unavailable or fails to meet specific criteria, allowing organisations to procure software from foreign providers in such cases.
Coverage Software
Sources
- https://web.archive.org/web/20211027171205/http://pravo.gov.ru/proxy/ips/?docbody=&nd=102382688
- https://web.archive.org/web/20211025230839/https://www.globaltradealert.org/state-act/10400
- https://web.archive.org/web/20220223093745/http://www.oecd.org/daf/inv/investment-policy/12th-G20-Report.pdf
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RUSSIA
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)
1.94%
Coverage rate of zero-tariffs on ICT goods (%)
52.84%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/res_e/booksp_e/tariff_profiles20_e.pdf
- 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
RUSSIA
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)
Russia 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
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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PHILIPPINES
Since August 2017
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Export restrictions on ICT goods or online services
Republic Act No. 10697 - Strategic Trade Management Act, particularly the National Strategic Goods List - Annex 2: List of dual use strategic goods
In 2017, the Philippine government enacted the Philippine National Strategic Goods List Annex 2, regulating the strategic dual-use items for both export and import for national security reasons. Some of these dual-use items are electronics and computers that reach a specific technical level that qualifies them as fit for military use.
Coverage Dual use strategic goods, including electronics and computers
PHILIPPINES
Since January 2015
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Certification requirement
Self-declaration of conformity is not allowed in the Philippines. Audio and video products such as TVs and LCD panels marketed in the Philippines are required to be certified according to the relevant Philippine PNS safety standard, which is equivalent to the international IEC 60065:2007. There are two options:
- a voluntary license to use the Philippine Standard PS-mark on manufactured products as granted by the Bureau of Product Standards (BPS); or
- use of stickers with the mandatory Import Commodity Clearance (ICC)-mark on imported products.
Products must be tested within the Philippines, and applications must be submitted through a local representative. Additionally, periodic factory audits are required for the PS-mark.
Certification of some teleocom equipment types requires testing at the incumbent telecom carrier laboratories, while approval is based on a review of foreign standard test reports for other categories. The Philippines' National Telecommunication Commission (NTC) also issues certifications for telecom equipment that is connected to public network services.
- a voluntary license to use the Philippine Standard PS-mark on manufactured products as granted by the Bureau of Product Standards (BPS); or
- use of stickers with the mandatory Import Commodity Clearance (ICC)-mark on imported products.
Products must be tested within the Philippines, and applications must be submitted through a local representative. Additionally, periodic factory audits are required for the PS-mark.
Certification of some teleocom equipment types requires testing at the incumbent telecom carrier laboratories, while approval is based on a review of foreign standard test reports for other categories. The Philippines' National Telecommunication Commission (NTC) also issues certifications for telecom equipment that is connected to public network services.
Coverage Electronic products
Sources
- https://web.archive.org/web/20211026024621/https://nemko.com/news/philippines-introduces-mandatory-certification-v-products
- https://web.archive.org/web/20160315083552/https://www.emcbayswater.com.au/compliance/global.html
- https://web.archive.org/web/20230925140150/https://www.apec.org/docs/default-source/groups/scsc/2021/philippines_part-1-information-interchange_revised.pdf?sfvrsn=d7b37551_2
- https://web.archive.org/web/20230608085907/https://www.pntr.gov.ph/wp-content/uploads/2021/04/RA-4109.pdf
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PHILIPPINES
Since June 2022
Since March 2000, as amended in December 2021
Since March 2022
Since March 2000, as amended in December 2021
Since March 2022
Pillar Online sales and transactions |
Indicator Maximum foreign equity share for investment in the e-commerce sector
Executive Order No. 175 Promulgating the Twelfth Regular Foreign Investment Negative List
Retail Trade Liberalization Act of 2000
Implementing Rules and Regulations of the Retail Trade Liberalization Act of 2000 as amended by Republic Act No. 11595
Retail Trade Liberalization Act of 2000
Implementing Rules and Regulations of the Retail Trade Liberalization Act of 2000 as amended by Republic Act No. 11595
According to List A of the Twelfth Regular Foreign Investment Negative List and Section 5 of the Retail Trade Liberalisation Act, as amended by Republic Act No. 11595, foreign investment in small retail enterprises is restricted to Philippine nationals. Retail trade businesses with capital below USD 500,000 are exclusively reserved for Filipino citizens. In addition, Section 3 of Rule III of the Implementing Rules and Regulations of the Retail Trade Liberalisation Act explicitly stipulates that this limitation extends to foreign retailers operating solely through online platforms.
Coverage E-commerce sector
Sources
- https://web.archive.org/web/20250108201443/https://www.officialgazette.gov.ph/downloads/2022/06jun/20220627-EO-175-RRD.pdf
- https://web.archive.org/web/20250108201506/https://www.dti.gov.ph/?sdm_process_download=1&download_id=25742
- https://web.archive.org/web/20250108201518/https://web.senate.gov.ph/republic_acts/ra%2011595.pdf
- https://web.archive.org/web/20250108201536/https://boi.gov.ph/wp-content/uploads/2022/03/IRR-of-the-Retail-Trade-Liberalization-Act-as-amended-by-RA-11595.pdf
- https://web.archive.org/web/20250106044006/https://ustr.gov/about-us/policy-offices/press-office/press-releases/2023/march/ustr-releases-2023-national-trade-estimate-report-foreign-trade-barriers
- https://web.archive.org/web/20241223212944/https://www.state.gov/reports/2023-investment-climate-statements/the-philippines/
- https://web.archive.org/web/20250108201956/https://insightplus.bakermckenzie.com/bm/mergers-acquisitions_5/philippines-philippine-department-of-trade-and-industry-issues-the-implementing-rules-and-reg...
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PHILIPPINES
Since August 2016
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Republic Act No. 10863 - Customs Modernization and Tariff Act (CMTA)
The Philippines' de minimis threshold, which is the minimum value of goods below which customs do not charge duties, has increased from PHP 10 (approx. USD 0.17) to PHP 10,000 (approx. USD 180) since the Customs Modernization and Tariff Act (Art. 423) was passed in 2016. This is below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
PHILIPPINES
Since June 2000
Since July 1992
Since July 1992
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Republic Act No. 8792 - Electronic Commerce Act 2000
Republic Act No. 7394 - The Consumer Act of the Philippines
Republic Act No. 7394 - The Consumer Act of the Philippines
The Electronic Commerce Act 2000 and the Consumer Act provide a comprehensive framework for consumer protection that also applies to online transactions. According to Art. 34 of the Commerce Act 2000, violations of the Consumer Act or Republic Act No. 7394 and other relevant or pertinent laws through transactions made through electronic data messages or electronic documents shall be punishable with the same penalties provided in said laws.
Coverage E-commerce sector
Sources
- https://web.archive.org/web/20230926163424/https://www.officialgazette.gov.ph/2000/06/14/republic-act-no-8792-s-2000/
- https://web.archive.org/web/20230922105506/https://www.pntr.gov.ph/wp-content/uploads/2021/04/RA-7394.pdf
- https://unctad.org/page/cyberlaw-tracker-country-detail?country=ph
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PHILIPPINES
Since July 2022, entry into force in February 2023
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
UN Convention on the Use of Electronic Communications in International Contracts
The Philippines has signed and ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
PHILIPPINES
Since 2000
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
The Philippines 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
PHILIPPINES
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
The Philippines 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
PHILIPPINES
Since July 2022
Pillar Intermediary liability |
Indicator User identity requirement
Subscriber Identity Module (SIM) Card Registration Act
According to Art. 5 of the Subscriber Identity Module (SIM) Card Registration Act, the Philippines imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card or a passport in case of foreigners to activate a new prepaid SIM card.
Coverage Telecommunications sector
PHILIPPINES
Reported in 2022, last reported in 2023
Pillar Content access |
Indicator Blocking or filtering of commercial web content
Blocking or filtering of commercial web content
In June 2022, the national security advisor of the Philippines requested the National Telecommunications Commission (NTC) to block 27 websites, alleging their affiliation with "Communist-Terrorist" groups and citing the Anti-Terror Act as justification. The targeted websites included Philippine news sites Bulatlat and Pinoy Weekly, as well as several affiliated with the Communist Party of the Philippines (CPP). Some users experienced difficulty accessing Bulatlat and Pinoy Weekly following the blocking order. Toward the end of August 2022, Bulatlat reportedly became accessible again after a regional trial court found the NTC in indirect contempt of an earlier court injunction favouring the outlet. Despite the decision to restore access to Bulatlat, the NTC's blocking order remained in force. In October 2022, the same regional trial court reaffirmed its writ of preliminary injunction against the NTC despite appeals from the commission, ensuring continued access to Bulatlat and, in effect, to the other listed websites as well. As of June 2023, reports indicate that some of the 27 websites remained blocked on certain networks.
Coverage Online websites
PHILIPPINES
Reported in 2024
Pillar Content access |
Indicator Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "6.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 3 in Philippines for the year 2023. This corresponds to "Rarely but there have been a few occasions throughout the year when the government shut down domestic access to Internet."
Coverage Horizontal
