Database

Browse Database

TURKMENISTAN

Since December 2014, last amended in June 2023

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Law of Turkmenistan No. 158-V About tenders for delivery of goods, performance of works, rendering services for the state needs (Türkmenistanyň Kanuny No. 158-V Döwlet zerurlyklary üçin harytlar bilen üpjün etmek, işleri ýerine ýetirmek, hyzmatlary etmek boýunça bäsleşikler hakynda)
Art. 17.6 of Law No. 158-V establishes that, unless the organiser decides to accept an additional language, applications must be submitted in Turkmen, which is the state language.
Coverage Horizontal

TURKMENISTAN

Reported in 2022

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Reported limitations on foreign participation in public procurement
It is reported that a company interested in participating in the tender process must submit all the tender documents to the respective ministry or agency in person. Many foreign companies with no presence in Turkmenistan provide a limited power of attorney to local representatives, who then submit tender documents on the company’s behalf. A list of required documents for screening is usually provided by the state agency announcing the tender. It is also reported that the tender process is opaque and difficult to navigate, particularly for companies outside Turkmenistan, and not all tenders are publicly announced. Many tenders are not fully available online and require a local agent to pay a fee to obtain the information on paper.
It is reported that before most contracts can be signed, the agreement must be approved by the State Commodity and Raw Materials Exchange, the Central Bank, the Supreme Control Chamber, and the Cabinet of Ministers. It is also reported that the approval process is not transparent and often appears politically driven.
Coverage Horizontal

TURKMENISTAN

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)
Turkmenistan is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), as it is not a member of the WTO.
Coverage Horizontal

TURKMENISTAN

Reported in 2022

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Limits on foreign investment
According to Art. 2 of Law of Turkmenistan No. 698-XII on Investment Activity in Turkmenistan (Türkmenistanyň Kanuny № 698 - XII Türkmenistanda maýa goýum işi hakynda), investments by foreign states, legal entities, individuals and persons without citizenship, as well as joint investments by Turkmenistan and foreign states, legal entities, individuals and persons without citizenship, are permitted. The same is confirmed in Art.3 of Law of Turkmenistan of 3 March 2008 No. 184-III about foreign investments (Türkmenistanyň Kanuny 2008-nji ýylyň 3-nji marty № 184-III Daşary ýurt maýa goýumlary hakynda). Moreover, according to Art. 8.1 of Law No. 184-III, it is understood that the legal regime of foreign investors and companies with foreign investment and the use of profits from the investment cannot be less favourable than the legal regime of activities and the use of profits from the investment provided by domestic investors.
However, it is reported that there is tight state control of the economy, and the government has only allowed significant foreign ownership and foreign direct investment in the energy sector.
Coverage Horizontal

TURKMENISTAN

Since March 2010, last amended in November 2021

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Law of Turkmenistan No. 93-IV about Communication (Türkmenistanyň Kanuny Aragatnaşyk hakynda - No. 93-IV)
Art. 16 of the Law about Communications states that government, postal and courier communications, technical means and networks of telecommunications used for defence, national security, protection of the State border and law and order, as well as technical means of national television and radio broadcasting and the enterprises ensuring their operation and development, belong exclusively to State ownership.
Coverage Telecommunications sector
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'TM')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"104161"},{"post_id":"104162"},{"post_id":"104163"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'TM')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'TM')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"1.00"}]

TURKMENISTAN

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)
1.59%
Coverage rate of zero-tariffs on ICT goods (%)
88.7%
Coverage: ICT goods

TUNISIA

Since July 2013, last amended in December 2020

Pillar Online sales and transactions  |  Indicator Restrictions on domain names
Decision of the National Telecommunication Authority No. 141-2013 (Décision de l’INT No. 141 du 24 juillet 2013)
According to Art. 8.1 of the Decision of the National Telecommunication Authority No. 141-2013, local domain name registration including ".com.tn" is restricted and limited to the following eligibility criteria: legal entities constituted according to the Tunisian laws in force, holders or legal representatives of an international trademark registered in Tunisia, natural persons of legal age of Tunisian nationality or officially residents in Tunisia.
Coverage Horizontal

TUNISIA

Since December 1992
Since August 2000, last amended in July 2004

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Law 117-1992 on Consumer Protection (Loi No. 92-117 du 7 Décembre 1992 Relative à la Protection du Consommateur)

Electronic Exchanges and Electronic Commerce Law No. 2000-83 (Loi No. 2000-83 du 9 Août 2000, Relative aux Echanges et Commerce Électroniques)
Law No. 117-1992 on Consumer Protection, together with the Electronic Exchanges and Electronic Commerce Law No. 2000-83, establishes a comprehensive consumer protection framework that also extends to online transactions.
Coverage Horizontal

TUNISIA

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
Tunisia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

TUNISIA

N/A

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

TUNISIA

N/A

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

TUNISIA

N/A

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

TUNISIA

Since January 2001, last amended in April 2013
Since January 2020
Since April 2019

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Law No. 1 of 2001 dated 15 January 2001 Concerning The Issuance of the Telecommunications Code (Loi No. 2001-1 du 15 janvier 2001 portant promulgation du code des télécommunications)

Government Decree No. 2020-48 of 23 January 2020 on Procedures for Approving the Import and Marketing of Telecommunications Terminal Equipment and Radio Equipment (Décret gouvernemental No. 2020-48 du 23 janvier 2020, relatif aux procédures d'homologation d'importation et de commercialisation des équipements terminaux de télécommunications et des équipements radioélectriques)

Law No. 38-2019 Establishing an Accreditation System for Conformity Assessment Bodies (Loi 38 -2019 portant institution un système d'accréditation des organismes d'évaluation de la conformité)
Art. 32 of Telecommunications Code Telecommunications terminal equipment imported or manufactured in Tunisia and intended for marketing or public use, as well as radio terminal equipment, whether or not intended for connection to the public telecommunications network, are subject to prior authorisation. Decree No. 48-2020 regulates the terms and conditions of this authorisation. Art. 6 of Government Decree No. 48-2020 provides that these products must first be approved by type, brand and model by the Centre d'Etudes et de Recherche des Télécommunications (CERT, Telecommunications Research and Studies Center). Art. 11 states that the CERT is responsible, in collaboration with the bodies concerned in the field of telecommunications, for drawing up the technical requirements for approval and technical conformity.
The Tunisian Accreditation Council (TUNAC) evaluates and accredits conformity assessment bodies and it has implemented mutual recognition agreements with the International Laboratory Accreditation Cooperation (ILAC) and the European Cooperation for Accreditation (EA) for the accreditation of laboratories for analysis, testing, and calibration. Yet, it is reported that local testing is required for new approvals.
Coverage Telecom terminal equipment and radio equipment

TUNISIA

Since January 2001, last amended in April 2013

Pillar Technical standards applied to ICT goods and online services  |  Indicator Restrictions on encryption standards
Law No. 1 of 2001 dated 15 January 2001 Concerning The Issuance of the Telecommunications Code (Loi No. 2001-1 du 15 janvier 2001 portant promulgation du code des télécommunications)
Arts. 9 and 87 of the Telecommunications Code ban the use of encryption and prescribe penalties of up to five years in prison for unauthorised use of such tools.
Coverage Telecommunications sector

TUNISIA

Since January 2020

Pillar Technical standards applied to ICT goods and online services  |  Indicator Restrictions on encryption standards
Government Decree No. 2020-48 of 23 January 2020 on Procedures for Approving the Import and Marketing of Telecommunications Terminal Equipment and Radio Equipment (Décret gouvernemental No. 2020-48 du 23 janvier 2020, relatif aux procédures d'homologation d'importation et de commercialisation des équipements terminaux de télécommunications et des équipements radioélectriques)
Art. 8 of Government Decree No. 2020-48 provides that any natural person or legal entity wishing to approve telecommunications equipment or radio equipment enabling the encryption of data exchanged over telecommunications networks is required to declare to the Centre d'Etudes et de Recherche des Télécommunications (CERT, Telecommunications Research and Studies Center) the technical characteristics of the encryption method. The CERT examines the content of the declaration, checks that it complies with the encryption method used in the equipment, and decides on the application for approval.
Coverage Telecommunications sector

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