KYRGYZ REPUBLIC
Since March 2003, last amended in February 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Law of the Kyrgyz Republic No. 66 on Investments (КЫРГЫЗ РЕСПУБЛИКАСЫНЫН МЫЙЗАМЫ № 66 Кыргыз Республикасында инвестициялар жөнүндө)
There are no foreign ownership limitations in sectors relevant for digital trade.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230923203839/https://investmentpolicy.unctad.org/investment-laws/laws/111/kyrgyzstan-investment-law
- https://web.archive.org/web/20210125043408/http://cbd.minjust.gov.kg/act/view/ky-kg/1190
- https://web.archive.org/web/20240330131540/https://www.state.gov/reports/2023-investment-climate-statements/kyrgyz-republic/
- https://web.archive.org/web/20240703104421/https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S411R1.pdf&Open=True
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KYRGYZ REPUBLIC
Reported in 2018, last reported in 2024
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Nationality/residency requirement for directors or managers
Reported nationality requirement for the members of the board of directors
It is reported that the government may impose investment-specific requirements including a minimum number of local seats on a board of directors, particularly for large investors. This is despite Art. 4 of Law No. 66 establishes that the Kyrgyz Republic shall not permit discrimination in respect of investors on the basis of their citizenship, nationality, language, sex, race, religion, place of their economic activity and country of origin of investors or investments.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250215224928/https://www.state.gov/reports/2024-investment-climate-statements/kyrgyz-republic/
- https://web.archive.org/web/20230923203839/https://investmentpolicy.unctad.org/investment-laws/laws/111/kyrgyzstan-investment-law
- https://web.archive.org/web/20210125043408/http://cbd.minjust.gov.kg/act/view/ky-kg/1190
- https://web.archive.org/web/20230328144648/https://www.state.gov/reports/2018-investment-climate-statements/kyrgyz-republic/
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KYRGYZ REPUBLIC
Reported in 2018, last reported in 2024
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Reported screening of investment
It is reported that the government may impose investor-specific requirements for larger companies, such as a percentage of local employment.
Coverage Horizontal
KYRGYZ REPUBLIC
Since March 2023, entry into force in April 2023
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Law of the Kyrgyz Republic No. 69 on Patents (КЫРГЫЗ РЕСПУБЛИКАСЫНЫН МЫЙЗАМЫ 2023-жылдын 23-марты № 69 Патент мыйзамы)
According to Art. 25 of Law No. 69, patent applications must be submitted in the state or official language, which can be either Kyrgyz or Russian. Foreign applicants are permitted to file their applications in another language, provided they include a translation into one of the two official languages.
Coverage Horizontal
Sources
KYRGYZ REPUBLIC
Since March 2023, entry into force in April 2023
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Law of the Kyrgyz Republic No. 69 on Patents (КЫРГЫЗ РЕСПУБЛИКАСЫНЫН МЫЙЗАМЫ 2023-жылдын 23-марты № 69 Патент мыйзамы)
According to Art. 7 of Law No. 69, applicants who are not residents of Kyrgyzstan must be represented by a local attorney for issues related to the registration and enforcement of patents.
Coverage Horizontal
Sources
KYRGYZ REPUBLIC
Since December 1991
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
The Kyrgyz Republic is a party to the Patent Cooperation Treaty (PCT). However, the country does not consider itself bound by Art. 59 related to disputes. It should be noted that this treaty was signed in 1970, at a time when the Kyrgyz Republic was part of the Soviet Union. In 1994, the Kyrgyz Republic issued a declaration of continued application and the date of entry into force assigned was the date of independence, which is December 1991.
Coverage Horizontal
KYRGYZ REPUBLIC
Since January 1998, as amended in March 2023
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Law of the Kyrgyz Republic No. 6 of 14 January 1998, on Copyright and Related Rights (КЫРГЫЗ РЕСПУБЛИКАСЫНЫН МЫЙЗАМЫ 1998-жылдын 14-январы № 6 Автордук жана чектеш укуктар жөнүндө)
The Kyrgyz Republic has a copyright regime under the Law No. 6. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 18-25 list the exceptions, which include use of a work for educational purposes and by persons with print disabilities, use by libraries, archives and educational establishments, limitations and exceptions regarding accessible format copies, among others.
Coverage Horizontal
KYRGYZ REPUBLIC
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)
1.96%
Coverage rate of zero-tariffs on ICT goods (%)
57.41%
Coverage: ICT goods
Sources
- http://wits.worldbank.org
- 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.kommerskollegium.se/globalassets/publikationer/rapporter/2024/advancing-the-green-transition.pdf
KYRGYZ REPUBLIC
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 the Information Technology Agreement Expansion Agreement (ITA II)
The Kyrgyz Republic 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.kommerskollegium.se/globalassets/publikationer/rapporter/2024/advancing-the-green-transition.pdf
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SAUDI ARABIA
N/A
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of ratification of the UN Convention on Electronic Communications
Saudi Arabia has signed but not ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
SAUDI ARABIA
Since 2007
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Saudi Arabia 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
SAUDI ARABIA
Since 2007
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
UNCITRAL Model Law on Electronic Signatures
Saudi Arabia has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
SAUDI ARABIA
Since November 2007
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Gulf Technical Regulation for Low Voltage Electrical Equipment and Appliances – BD-142004-01
(اللائحة الفنية الخليجية للأجهزة والمعدات الكهربائية منخفضة الجهد (-142004-01BD))
(اللائحة الفنية الخليجية للأجهزة والمعدات الكهربائية منخفضة الجهد (-142004-01BD))
According to the GSO Technical Regulation for Low Voltage Electrical Equipment and Appliances – BD-142004-01, which includes an amendment and an update of the first edition, number (BD07070503) was implemented in 2007. Electrical appliances designed to be used in a certain rated voltage range must be sold bearing the G mark after being certified by the GCC Notified Body.
Products that fall under List 1 under the Regulation are low-risk; thus, a self-declaration form prepared by the manufacturer can be made by affixing the “G” before placing the product on the market. Products that fall under List 2 are higher-risk electrical products, which will undergo mandatory Type testing and review of the product's Technical File to verify conformity before authorisation is granted to affix the “G” mark before placing the product onto the market.
However, for List 2 products, manufacturers must choose a single Notified Body (NB) entity to examine the technical design of a product and verify that the technical design of the product meets the requirements of the applicable Gulf Technical Regulations and for the issuance of an evaluation report with a Gulf Type Examination certificate and shall be issued a certificate from the NB.
It is reported that not all agencies offering Saudi Standards, Metrology and Quality Organization (SASO) Certificate of Conformity (CoC) services are recognised in Saudi Arabia, which can complicate companies wishing to export their goods to Saudi Arabian markets. These certificates should be obtained only from authorised agencies recognised in Saudi Arabia.
Products that fall under List 1 under the Regulation are low-risk; thus, a self-declaration form prepared by the manufacturer can be made by affixing the “G” before placing the product on the market. Products that fall under List 2 are higher-risk electrical products, which will undergo mandatory Type testing and review of the product's Technical File to verify conformity before authorisation is granted to affix the “G” mark before placing the product onto the market.
However, for List 2 products, manufacturers must choose a single Notified Body (NB) entity to examine the technical design of a product and verify that the technical design of the product meets the requirements of the applicable Gulf Technical Regulations and for the issuance of an evaluation report with a Gulf Type Examination certificate and shall be issued a certificate from the NB.
It is reported that not all agencies offering Saudi Standards, Metrology and Quality Organization (SASO) Certificate of Conformity (CoC) services are recognised in Saudi Arabia, which can complicate companies wishing to export their goods to Saudi Arabian markets. These certificates should be obtained only from authorised agencies recognised in Saudi Arabia.
Coverage Electrical goods
Sources
- https://web.archive.org/web/20230922092719/https://www.gso.org.sa/en/conformity/gcc-conformity-assessment-scheme//
- https://web.archive.org/web/20241112185944/http://www.ktc.re.kr/download/KTC_G_Mark_Manufacturer_Guidance_v3.pdf
- https://web.archive.org/web/20250430074110/https://ib-lenhardt.com/type-approval/saudi-arabia
- https://web.archive.org/web/20220117033211/https://www.mouseandbear.com/blog/what-and-why-is-a-saso-coc-required-in-saudi-arabia.htm
- https://web.archive.org/web/20230202080544/https://saso.gov.sa/en/sectors/specs/Pages/about.aspx
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SAUDI ARABIA
Since February 2024
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Regulations for Licensing of Telecommunications and Information Technology Equipment
(تنظيمات تراخيص أجهزة الاتصالات وتقنية المعلومات)
(تنظيمات تراخيص أجهزة الاتصالات وتقنية المعلومات)
According to Art. 8 of the Regulations for Licensing of Telecommunications and Information Technology Equipment, imported ICT products to Saudi Arabia cannot clear customs without the Communications, Space & Technology Commission (CST) Certificate of Conformity (CoC). The ICT equipment must comply with the technical specifications issued by the CST. The CST does not accept similar conformity certificates from other countries.
Coverage ICT products
SAUDI ARABIA
Since 2020
Since February 2024
Since February 2024
Pillar Technical standards applied to ICT goods and online services |
Indicator Restrictions on encryption standards
National Cryptographic Standards
(المعايير الوطنية للتشفير)
Regulations for Licensing of Telecommunications and Information Technology Equipment
(تنظيمات تراخيص أجهزة الاتصالات وتقنية المعلومات)
(المعايير الوطنية للتشفير)
Regulations for Licensing of Telecommunications and Information Technology Equipment
(تنظيمات تراخيص أجهزة الاتصالات وتقنية المعلومات)
The National Cybersecurity Authority (NCA) has launched the National Cryptographic Standards (NCS) to meet the national need by specifying the minimum requirements necessary to provide the degree of protection required for national data, systems and networks using cryptographic mechanisms for civilian and commercial purposes, based on global best practices and global standards.
However, Art. 13.8 of the Regulations for Licensing of Telecommunications and Information Technology Equipment provides a general requirement to disclose details of encryption systems contained in telecommunications and IT equipment intended to be supplied and used in the kingdom.
However, Art. 13.8 of the Regulations for Licensing of Telecommunications and Information Technology Equipment provides a general requirement to disclose details of encryption systems contained in telecommunications and IT equipment intended to be supplied and used in the kingdom.
Coverage Telecommunications and information technology equipment
Sources
- https://web.archive.org/web/20251222133228/https://www.cst.gov.sa/en/regulations-and-licenses/regulations/Document-1582
- https://web.archive.org/web/20240615224739/https://nca.gov.sa/files/ncs_en.pdf
- https://web.archive.org/web/20220123193427/https://www.citc.gov.sa/en/RulesandSystems/RegulatoryDocuments/EquipmentApproval/Documents/TA117E.PDF
- https://web.archive.org/web/20231201042251/https://freedomhouse.org/country/saudi-arabia/freedom-net/2021#footnoteref1_5t7szu0
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