BOLIVIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Presence of independent telecom authority
The "Autoridad de Regulación y Fiscalización de Telecomunicaciones y Transportes" (ATT), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
BOLIVIA
N/A
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Bolivia has not joined any free trade agreement committing to open transfers of cross-border data flows.
Coverage Horizontal
BOLIVIA
N/A
Pillar Domestic data policies |
Indicator Framework for data protection
Lack of general framework for data protection
Bolivia has not implemented a comprehensive data protection law. However, personal data in Bolivia is regulated by the following sectoral laws:
- the General Law of Telecommunications, Information, and Communication Technologies;
- the General Law on Consumer Rights (Art. 40);
- the Financial Services Law (Art. 475);
- the Law of Medical Professional Practice (Arts. 3, 4, 12 and 13);
- the Supreme Decree No. 28168/2005 (Art. 19);
- the Digital Citizenship Law (Art. 12).
There is currently a bill on data protection, Law on Privacy and Data Protection of Citizens in Bolivia (Bill 2019), pending consideration by the Legislative Assembly.
- the General Law of Telecommunications, Information, and Communication Technologies;
- the General Law on Consumer Rights (Art. 40);
- the Financial Services Law (Art. 475);
- the Law of Medical Professional Practice (Arts. 3, 4, 12 and 13);
- the Supreme Decree No. 28168/2005 (Art. 19);
- the Digital Citizenship Law (Art. 12).
There is currently a bill on data protection, Law on Privacy and Data Protection of Citizens in Bolivia (Bill 2019), pending consideration by the Legislative Assembly.
Coverage Horizontal
BOLIVIA
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
It is reported that a basic legal framework on intermediary liability for copyright infringement is absent in Bolivia's law and jurisprudence.
Coverage Internet intermediaries
BOLIVIA
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)
5.77%
Coverage rate of zero-tariffs on ICT goods (%)
25.95%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- 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
BOLIVIA
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 (ITA) and in ITA Expansion Agreement (ITA II)
Bolivia is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 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
- Show more...
BOLIVIA
Since June 2009
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Supreme Decree No. 0181 - Basic Standards for the Goods and Services Administration System (Decreto Supremo No. 0181 - Normas Básicas del Sistema de Administración de Bienes y Servicios)
According to Art. 29 of Supreme Decree No. 0181, the procurement of goods must be directed towards national production. II. For goods not produced within the country, the entity may procure imported goods.
Coverage Horizontal
BOLIVIA
Since June 2009
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Supreme Decree No. 0181 - Basic Standards for the Goods and Services Administration System (Decreto Supremo No. 0181 - Normas Básicas del Sistema de Administración de Bienes y Servicios)
According to Art. 60 of Supreme Decree No. 0181, the modality for the procurement of goods and services applicable when the amount exceeds BOB 1,000,000 (approximately USD 140,000), allowing the participation of an unlimited number of proponents, is as follows:
i) National Public Call, for contracts exceeding BOB 1,000,000 (approximately USD 140,000) and up to BOB 40,000,000 (approximately USD 5.6 million).
ii) International Public Call, for contracts exceeding BOB 40,000,000 (approximately USD 5.6 million).
i) National Public Call, for contracts exceeding BOB 1,000,000 (approximately USD 140,000) and up to BOB 40,000,000 (approximately USD 5.6 million).
ii) International Public Call, for contracts exceeding BOB 40,000,000 (approximately USD 5.6 million).
Coverage Horizontal
BOLIVIA
Since June 2009
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Supreme Decree No. 0181 - Basic Standards for the Goods and Services Administration System (Decreto Supremo No. 0181 - Normas Básicas del Sistema de Administración de Bienes y Servicios)
According to Art. 30 of Supreme Decree No. 0181, the procurement of goods is subject to specific preference margins and adjustment factors, depending on the modality. Under the Public Tender modality, a 10% preference margin is also granted to domestically produced goods, regardless of input origin, with an adjustment factor of 0.90. If national components make up between 30% and 50% of the production cost, a 20% preference margin is applied, with an adjustment factor of 0.80. When national components exceed 50% of the production cost, a 25% preference margin is granted, with an adjustment factor of 0.75.
Coverage Horizontal
BOLIVIA
Since June 2009
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Supreme Decree No. 0181 - Basic Standards for the Goods and Services Administration System (Decreto Supremo No. 0181 - Normas Básicas del Sistema de Administración de Bienes y Servicios)
According to Art. 31 of Supreme Decree No. 0181, in the procurement of goods and services under the Public Tender modality, a 20% preference margin is applied to the offered price for Micro and Small Enterprises, Associations of Small Urban and Rural Producers, and Rural Economic Organizations. The adjustment factor is 0.80.
Coverage Horizontal
BOLIVIA
Reported in 2018, last reported in 2023
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
It is reported that the bidding process in Bolivia is not transparent, as Government requirements and bidding details are not always defined, and procurement announcements are not always made public. Among other things, none of the state-owned companies in the strategic sectors (including the telecommunications sector) are required to publish tenders through the official procurement website "Sistema de Información de Contrataciones Estatales". In addition, concerns are raised that these state-owned companies are not obliged to follow the procedures established in the national procurement law.
Coverage Horizontal
BOLIVIA
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)
Bolivia is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
BOLIVIA
Since April 2014
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Law No. 516 - Investment Promotion Law (Ley No. 516 - Ley de Promoción de Inversiones)
According to Art. 16 of the Investment Promotion Law, foreign investment in strategic sectors of the State, including in the telecommunications sector, can only be made in 'mixed capital companies' (that is, joint ventures) in which the foreign investors have less than the 50% of the shareholding, and the State has a majority shareholding.
Coverage Telecommunications sector
BOLIVIA
Since April 2014
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Requirement to engage in joint ventures to invest or operate
Law No. 516 - Investment Promotion Law (Ley No. 516 - Ley de Promoción de Inversiones)
According to Art. 16 of the Investment Promotion Law, foreign investment in strategic sectors of the State, including in the telecommunications sector, can only be made in 'mixed capital companies' (that is, joint ventures) in which the State has a majority shareholding.
Coverage Telecommunications sector
