Database

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KUWAIT

Since June 2016, last amended in 2019

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Law No. 49 of 2016 regarding Public Tenders
2016 لسنة 49 رقم قانـون بشـأن المناقصــات العامــة
Art. 62 of Law No. 49 of 2016 stipulates that, in the context of supply tenders, the Council or the competent authority shall award the contract to a locally produced item, provided that it complies with the prescribed specifications and conditions, and its price does not exceed that of comparable imported products by more than 20%
Coverage Horizontal

KUWAIT

Since June 2016, last amended in 2024

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Law No. 49 of 2016 regarding Public Tenders
2016 لسنة 49 رقم قانـون بشـأن المناقصــات العامــة
Art. 87 of Law No. 49 of 2016 stipulates that both national and foreign contractors must source no less than 20% of their purchases from locally produced goods, and no less than 10% from products supplied by small and medium-sized enterprises (SMEs). It further provides that the competent authority shall monitor foreign bidders’ adherence to the requirement to subcontract at least 30% of the contract’s scope of work to locally registered contractors. Of this 30%, a minimum of 10% must be contracted to SMEs or to small and medium projects. The same subcontracting obligations apply to national bidders where the nature of their contracts permits them to subcontract portions of the work.
Coverage Horizontal

KUWAIT

Reported in 2021, last reported in 2025

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Lack of transparency in procurement process
It is reported that the often-lengthy procurement process in Kuwait occasionally results in accusations of attempted bribery or the offering of other inducements by bidders.
Coverage Horizontal

KUWAIT

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)
Kuwait is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal

KUWAIT

Since October 1980, entry into force in February 1981
Since June 2013
Since February 2016, as amended in April 2017

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Commercial Law No. 68 of 1980
مرسوم بالقانون رقم 68 لسنة 1980 بإصدار قانون التجارة

Law No. 116 of 2013 Regarding the Promotion of Direct Investment in the State of Kuwait
قانون رقم 116 لسنة 2013 في شأن تشجيع الاستثمار المباشر في دولة الكويت

Council of Ministers Law No. 15 of 2017 amending provisions of Law No. 1 of 2016 on the Promulgation of the Companies Law (قانون رقم (15) لسنة 2017 بتعديل بعض أحكام القانون رقم (1) لسنة 2016 بإصدار قانون الشركات
Arts. 23 and 24 of Law No. 68 require foreign entities conducting business in Kuwait to do so either through a local agent or a Kuwaiti partner, which is typically facilitated through the establishment of a Kuwaiti company with Kuwaiti participants owning at least 51% of the share capital. An exception to these restrictions on foreign ownership is when the relevant Kuwaiti company is established and licensed under Law No. 116 (Art. 12), which allows for increased levels of foreign ownership (up to 100%). Law No. 116 permits the Kuwait Direct Investment Promotion Authority (KDIPA) to authorise, on a case-by-case basis, up to 100% foreign ownership in the following industries: communications infrastructure, information technology and software development, entertainment, and investment management, among others. Although a Kuwaiti or Gulf Cooperation Council (GCC) national must own at least 51% of any local company, this requirement may be waived if non-GCC investors qualify to invest through KDIPA. A 2017 amendment to the 2016 Companies Law eliminated prohibitive requirements on limited liability companies.
Coverage Horizontal

KUWAIT

Since February 2016

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Nationality/residency requirement for directors or managers
Companies Law No. 1 of 2016
During the establishment process under Companies Law No. 1 of 2016, the manager of a limited liability company can either be a Kuwaiti national or a Gulf Cooperation Council national. The manager can also be a foreign national, but he/she must hold a valid residence in Kuwait. If a foreign national is appointed as a manager, the company will have a temporary licence until he/she transfers his/her residence to the new company, which must be achieved within three months.
Coverage Horizontal

KUWAIT

Since June 2013
Since March 2019

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Law No. 116 of 2013 Regarding the Promotion of Direct Investment in the State of Kuwait
قانون رقم 116 لسنة 2013 في شأن تشجيع الاستثمار المباشر في دولة الكويت

Decision No. 329 of 2019 regarding the mechanism for evaluating investment license applications and granting benefits
The Foreign Direct Investment Law of 2013 established the Kuwait Direct Investment Promotion Authority (KDIPA) to solicit investment proposals, evaluate their potential, and assist foreign investors with licensing. Art. 14 sets forth a licensing scheme for foreign direct investment. The Board of KDIPA examines investment proposals against the criteria, principles and assessment rules established by the Board regarding each of the cases set forth in this law. Investment through the establishment of a new enterprise, a foreign branch, and a regional representative office must go through the licensing scheme (Art. 12).
In 2019, KDIPA issued Decision No. 329 of 2019 regarding the mechanism for evaluating investment license applications and granting benefits. It is reported that, in approving applications from foreign investors seeking full ownership, KDIPA prioritises local job creation, the provision of training and education to Kuwaiti citizens, technology transfer, diversification of national income sources, contribution to exports, support for small- and medium-sized enterprises, and the utilisation of Kuwaiti products and services.
Coverage Horizontal

JORDAN

Since August 2023, entry into force in September 2023

Pillar Online sales and transactions  |  Indicator Local presence requirements for digital services providers
Cybercrime Law No. 17 of 2023
قانون رقم (17) لسنة 2023 - قانون الجرائم الإلكترونية
Article 37.a of the Cybercrime Law stipulates that any social media platform operating outside Jordan, but possessing more than 100,000 subscribers within the country, is required to establish a physical office in Jordan. This office shall serve as the point of contact for addressing requests and notices issued by the competent Jordanian judicial and official authorities. Failure to comply with this obligation, following notification by the Telecommunications Regulatory Commission, will result in the imposition of a 60-day prohibition on the platform’s advertisements. Continued non-compliance thereafter will lead to a reduction in the platform’s internet bandwidth by 25%, 50%, or 75% for an additional 60-day period.
Coverage Social media platforms

JORDAN

Since April 2017, entry into force in January 2018

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Law No. 7/2017 on Consumer Protection Law
قانون حماية المستهلك رقم 7 لسنة 2017
Jordan has a legal framework that applies consumer protection to online transactions. Law No. 7/2017 on Consumer Protection Law aims to prevent retailers from gaining an unfair advantage over consumers.
Coverage E-commerce sector

JORDAN

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

JORDAN

Since April 2015

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
Law No. 15 of 2015 - Electronic Transactions Law
قانون رقم (15) لسنة 2015 قانون المعاملات الإلكترونية
Jordan has enacted national legislation, namely Law No. 15 of 2015 (Electronic Transactions Law), which is influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

JORDAN

N/A

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

JORDAN

Since January 1998, as amended in 2012, last amended in 2015

Pillar Content access  |  Indicator Licensing schemes for digital services and applications
Law No. 8 of 1998 on Press and Publications
قانون المطبوعات والنشر رقم 8 لعام 1998
Art. 49 of Law No. 8 stipulates that electronic publications – which publish news, press reports, press releases and comments relevant to the domestic or external affairs of Jordan – must be registered and licensed with the Media Commission, which was previously named the Press and Publications Department. The registration and licence requirements apply to all electronic publications irrespective of their location of operation. Electronic publications owned by individuals who reside outside Jordan or who have administrative offices outside Jordan are also subject to the provisions. In addition, one of the requirements for a general news site to obtain a license is to have an editor-in-chief who has been a member of the Jordan Press Association (JPA) for at least four years (Art. 23/A/1). On the other hand, Art. No. 13/A requires that to grant a license to issue a press or specialised publication, it must be registered as a company in accordance with the provisions of the Companies Law in force. In 2019, 45 news sites were blocked after failing to obtain licenses - however, many of these sites have since successfully applied for licenses, and their access has been restored.
Coverage Online news

JORDAN

Since February 2018
Since November 2018

Pillar Content access  |  Indicator Licensing schemes for digital services and applications
Regulation Regulating the Transportation of Passengers through Smart Applications No. 9 of 2018
نظام تنظيم نقل الركاب من خلال استخدام التطبيقات الذكية صا نظام رقم (۹) لسنة ٢٠١٨

Instructions Regulating the Transportation of Passengers through Smart Applications of 2018
تعليمات تنظيم نقل الركاب من خلال استخدام التطبيقات الذكية لسنة 2018
The "Regulation Regulating the Transportation of Passengers through Smart Applications No. 9 of 2018" and the "Instructions Regulating the Transportation of Passengers through Smart Applications of 2018" established a comprehensive legal framework facilitating the full licensing and registration of ride-hailing platforms.
Coverage Ride-hailing platforms

JORDAN

Reported in 2023, last reported in 2024

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Import ban applied on ICT goods or online services
Ban on TikTok
In December 2022, Jordanian authorities imposed a ban on the social media platform TikTok, citing its alleged misuse for disseminating content that incited violence and public disorder. The decision was publicly announced through an official communication from the Public Security Directorate (PSD) on its Facebook page, wherein the Cybercrime Unit indicated it would monitor social media platforms. Although initially presented as a temporary measure, the restriction has remained in place. As of 2024, TikTok continues to be inaccessible in Jordan, with government officials asserting that the platform's reinstatement is contingent upon its compliance with national content moderation standards.
Coverage TikTok

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