Database

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THAILAND

Since March 1997
Since December 2015

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Information Technology Agreement (ITA)

ITA Expansion Agreement (ITA II)
Thailand is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 and its 2015 expansion (ITA II).
Coverage ICT goods

THAILAND

Since January 2020

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Ministerial Regulation Prescribing Supplies and Procurement Methods for Supplies that the State Must Promote or Support (No. 2), 2020 (กฎกระทรวงกำหนดพัสดุและวิธีการจัดซื้อจัดจ้างพัสดุที่รัฐต้องการส่งเสริมหรือสนับสนุน (ฉบับที่ 2) พ.ศ. 2563)
Chapter 7/1 of the Ministerial Regulation (No. 2) defines "Promoted domestic manufactured supplies" as those certified as "Made in Thailand" by the Federation of Thai Industries (FTI). This certification is only granted to domestic productions, and the Approval List certified by the FTI is published. Procurement methods must align with the Public Procurement and Supplies Administration Act 2017. If certified supplies are insufficient to meet demand or if imported products are necessary, the government authority must refer the matter to the heads of the government departments for consideration. Additionally, government departments are required to spend at least 60% of their budgets on procuring domestic supplies for construction and certain non-construction work (Clause 27.3).
Coverage Products manufactured in Thailand including electronics and digital goods

THAILAND

Since November 2015
Since October 2019
Since January 2020

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Cabinet Resolutions 2015: NOR/ROR 0505/ 356, GOR/KOR 0421/21657 NOR/ROR 0913/228

Thai Innovative Products List (บัญชีนวัตกรรมไทย)

Ministerial Regulation Prescribing Supplies and Procurement Methods for Supplies that the State Must Promote or Support (No. 2) 2020 (กฎกระทรวงกำหนดพัสดุและวิธีการจัดซื้อจัดจ้างพัสดุที่รัฐต้องการส่งเสริมหรือสนับสนุน (ฉบับที่ 2) พ.ศ. 2563)
The Cabinet Resolutions grant privilege to the products listed as Thai Innovative Products. Since 2016, the Budget Bureau has introduced the monthly report of the 'Thai Innovation List' to develop domestic industrial capacity in several innovation-centered economic sectors. The Innovation List grants special government procurement privileges only to the products from authorised Thai majority-owned companies. The list covers products from various sectors, including electrical, electronics, and telecommunications.
The Innovation Products is prescribed in the Ministerial Regulation 2020. The products listed as Innovation Products are those that the state needs to promote or support (Clause 12). Thai governmental departments must spend at least 30% of their budget procuring the listed products (Clause 13).
Coverage "Thai Innovation List" including electrical products, electronics, and telecom equipment
Sources

TAJIKISTAN

N/A

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Tajikistan does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal

TAJIKISTAN

N/A

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
Tajikistan lacks a comprehensive framework for consumer protection that applies to online transactions.
Coverage Horizontal

TAJIKISTAN

N/A

Pillar Online sales and transactions  |  Indicator Ratification of the 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
Tajikistan has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

TAJIKISTAN

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Tajikistan 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

TAJIKISTAN

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Tajikistan 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

TAJIKISTAN

N/A

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
A basic legal framework on intermediary liability beyond copyright infringement is absent in Tajikistan's law and jurisprudence.
Coverage Internet intermediaries

TAJIKISTAN

Since May 2002, as amended in December 2013

Pillar Intermediary liability  |  Indicator User identity requirement
Law on Electric Communication - Act No. 56 (ҚОНУНИ ҶУМҲУРИИ ТОҶИКИСТОН ДАР БОРАИ АЛОҚАИ БАРҚӢ)
According to Art. 21 of the Law on Electric Communication, users are obliged to comply with the rules established for the use of electric communication services and, when concluding a contract, to present documents confirming the identity of a natural person or the constituent documents of a legal entity. Furthermore, pursuant to Art. 20, operators and providers of electric communications services are obliged to conclude contracts directly with natural or legal persons on the basis of identity documents for natural persons or constituent documents for legal persons. It should be noted that according to Art. 2, a natural person must present a passport (registration certificate for stateless persons) and a state registration certificate for legal persons. Services of electric communication are defined as the product of activities of the operator and provider for acceptance, transfer, and processing of signals and other types of information through networks of electric communication.
Coverage Electric communications services

TAJIKISTAN

Reported in 2021, last reported in 2023

Pillar Content access  |  Indicator Blocking or filtering of commercial web content
Blocking of commercial web content
In 2023, the government reportedly restricted online content on multiple occasions. Authorities blocked access to websites considered sensitive, such as YouTube, Twitter (now X), Facebook, ICQ and IMO, as well as virtual private network (VPN) connections, including those of diplomatic missions and international companies; they also severely limited Internet access to other websites. Security services reportedly subpoenaed VPN users to interrogate them about their online activities. In addition, it is estimated that between 2021 and 2022, more than 122,000 domains were blocked.
Coverage Websites

TAJIKISTAN

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 1 in Tajikistan for the year 2023. This corresponds to "The government shut down domestic access to the Internet numerous times this year."
Coverage Horizontal

TAJIKISTAN

Reported in 2023

Pillar Technical standards applied to ICT goods and online services  |  Indicator Open and transparent standard-setting process
Lack of a transparent standards regime
It is reported that TajikStandard, the government agency responsible for certifying goods and services and supervising compliance with state standards, lacks experts and appropriate equipment. TajikStandard does not publish its fees for licenses and certificates or its regulatory requirements.
Coverage Horizontal

TAJIKISTAN

N/A

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Third party-certification from CABs from a number of countries with MRA accepted
It is reported that Tajik laws and standards impose mandatory requirements for certification of safety, consumer health, environmental protection and reduction of the potential for damage to consumer property for certain products and services. Products requiring such certification include electronic and radio equipment (to test for electrical and magnetic compatibility and safety).
It is reported that, since 2014, Tajikistan has recognised third-party conformity assessments carried out overseas by reciprocity. They are mainly from the Commonwealth of Independent States countries, with which Tajikistan has signed mutual recognition agreements, and Uzbekistan is under a bilateral agreement. However, it is reported that third-party conformity assessments are not always accepted in practice
Coverage Electronic products

TAJIKISTAN

N/A

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Tajikistan's law and jurisprudence.
Coverage Internet intermediaries

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