Database

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AUSTRALIA

Since March 2015, last amended in December 2020

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Indigenous Procurement Policy
The Commonwealth Indigenous Procurement Policy (IPP), issued in 2015, requires setting aside certain portions of domestic contracts for Indigenous enterprises (IPP 1.2). The IPP, updated in 2020, sets out a target for purchasing from indigenous enterprises for public procurements and a mandatory set-aside to direct Commonwealth contracts to indigenous enterprises (IPP 1.3). The target during the 2021-22 term was set for 1.5%. The IPP applies to non-corporate Commonwealth entities; it is not mandatory for corporate Commonwealth entities (IPP 1.6).
Coverage Horizontal

AUSTRALIA

Since May 2019

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)
WTO Agreement on Government Procurement (GPA)
Australia is a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) and its commitments also cover the services sectors considered most important for digital trade, namely telecommunication services (CPC 752), telecommunication-related services (CPC 754), and computer and related services (CPC 84).
Coverage Horizontal

AUSTRALIA

Since October 1999, last amended in December 2019
Since September 2012, last amended in May 2020

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Telstra Corporation Act 1991

National Broadband Network Companies Act 2011 (NBN Companies Act)
The Telstra Corporations Act 1991 provides under Section 8BG that aggregate foreign ownership of Telstra (the incumbent telecommunication company) is limited to 35%, and individual foreign investors are only allowed to own up to 5%. This specific cap was imposed in 1999 as part of an amendment to the Act.
Additionally, the National Broadband Network Companies Act 2011 provides that the Commonwealth must retain full ownership of National Broadband Network Co (NBN Co) (Part 3, Division 2, Subdivision A). This ownership structure could be terminated only in limited circumstances (Part 3, Division 2, Subdivision B). This rule has been in place since its enactment in 2011.
Coverage Telecommunications sector
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ITA: [{"meta_value":"0.00"}]

AUSTRALIA

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)
0.56%
Coverage rate of zero-tariffs on ICT goods (%)
72.31%
Coverage: ICT goods

AUSTRALIA

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

ARGENTINA

N/A

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

ARGENTINA

Since November 2015
Since July 2018

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Local content requirements (LCRs) on ICT goods for the commercial market
Resolution No. 1219/2015 (Resolución No. 1219/2015)

Resolution No. 66/2018 (Resolución No. 66/2018)
Argentina has established local content percentages in the production process for mobile and cellular radio communication equipment manufacturers operating in Tierra del Fuego province. Resolution 66/2018, which replaced Resolution 1219/2015, retains the local content requirement for certain products, such as technical manuals, packaging, and labels, as established in Art. 10 of Resolution 66/2018. However, it has eliminated the local content requirement for batteries, screws, and chargers. The percentage of local content required varies from 10% to 100%, depending on the process or item in consideration. In the event that the local supply is not sufficient to meet the local content requirements, companies have the option of requesting an exemption, which will be reviewed every six months in accordance with Art. 11.
Coverage Mobile and radio equipment

ARGENTINA

Since 1999

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
In-country testing
Electrical products must display an official safety "S" mark to show that they conform with the regulations. However, due to implementation issues, it is difficult to state with certainty which products must be tested, certified and marked. All certification bodies that issue S-Mark certificates through recognition of testing done outside of Argentina also have to perform “accreditation of coincidence between the product intended to be marketed in Argentina and the one contained in the certificate issued abroad” and issue an official notification to that effect.
All regulated products must be accredited by the Argentine Accreditation Organisation (Organismo Argentino de Acreditación, OAA) and recognised by the Government. Testing laboratories must similarly be accredited and recognised. Argentina recognises foreign certification bodies and laboratories if certified by their national accreditation agencies in countries where reciprocity agreements to such effect are in place.
The accreditation of third-party conformity assessment bodies is not a requirement for all technical regulations implemented at the national level; determining whether this is necessary depends on the analysis undertaken during the particular drafting process. OAA regulations on the accreditation of certification bodies and laboratories are consistent with those of the international standardisation organisations as contained in the ISO/IEC standards (adopted as IRAM standards).
Coverage Electrical products

ARGENTINA

Reported in 2008, last reported in 2023

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
In-country testing
It is reported that radiofrequency transmitter products that make use of the radioelectric spectrum or connect to the public network, which are intended to be commercialised in Argentina, are subject to a mandatory homologation process issued by the "Ente Nacional de Comunicaciones" (ENACOM). The products include WiFi devices, Bluetooth, Cellular Equipment, RFID Modules, Portable Transceivers, and Wireless Gateways. Most products require testing in Argentina, and typically one to three samples are needed depending on the device. Legal representation is required as only an Argentine supplier can apply for certification approval from ENACOM.
Coverage WiFi, Bluetooth devices, Cellular equipment, RFID modules, Portable transceivers, Wireless gateways

ARGENTINA

Since March 2019
Since September 2022

Pillar Online sales and transactions  |  Indicator Limits on e-commerce purchases
General Resolution No. 4,450 (Resolución General No. 4,450/2019)

General Resolution No. 5,260/2022 (Resolución General No. 5,260/2022)
According to Art. 1 of General Resolution 4,450/2019, last amended by General Resolution 5,260/2022, shipments entering through the import regime by express couriers may not exceed USD 1,000 FOB (Free on Board), weigh no more than 50 kilograms and be no more than three units of the same item. Moreover, according to Art. 7 of the Resolution, the same item cannot be imported more than five times yearly.
Previously, similar measures were found in General Resolution No. 3,916/2016 and General Resolution No. 3,915/2016, both repealed in 2019.
Coverage Electronic commerce

ARGENTINA

Since March 2013, as amended in December 2013

Pillar Online sales and transactions  |  Indicator Restrictions on online payments
General Resolution No. 3,450 of the Federal Tax Authority (Resolución General No. 3450 de la Administración Federal de Ingresos Públicos)
According to the provisions of Art. 5 of General Resolution No. 3,550 of the Federal Tax Authority, which amends General Resolution No. 3,450 of the Federal Tax Authority, an additional 35% is charged for the use of credit and debit cards for purchases made abroad. This surcharge applies to:
- purchases made by Argentine residents, with credit or debit cards issued in Argentina, of goods or services outside the country;
- purchases made in foreign currency through web pages or Internet connections;
- purchases of services abroad contracted through Argentine travel agencies; and
- purchases of passenger transportation services to foreign destinations by land, air, and river.
This tax has implications both for Argentine customers using foreign websites and for foreign companies targeting the Argentine market.
The additional charge established in the Resolution No. 3,450 was 20%.
Coverage Electronic payments

ARGENTINA

Since December 2019

Pillar Online sales and transactions  |  Indicator Restrictions on online payments
Public Emergency Law No. 27,541 (Ley No. 27.541 de Solidaridad Social y Reactivación Productiva en el Marco de la Emergencia Pública)
Under Art. 35 of Law No. 27,541, an emergency tax that is applied at the national level for five years from the law's effective date is established. This tax applies to the following operations: exchange of foreign currency from financial entities to pay for purchases and services abroad by means of credit cards, debit cards, or similar means of payment, including internet purchases in foreign currency and cash withdrawals or advances, as well as for the payment of services rendered by non-residents in the country, using credit cards, debit cards or any other equivalent means of payment, in the name and on behalf of the client. According to Art. 36, the tax shall be applied to individuals, companies, estates, and other responsible persons resident in the country who carry out any of the operations mentioned in Art. 35. If the operation is carried out through credit, debit or purchase cards, the tax shall apply to holders, users, additional holders and beneficiaries of extensions. The tax shall be determined by applying the rate of 30%, as provided for in Art. 39.
Coverage Electronic payments

ARGENTINA

Since October 2019

Pillar Online sales and transactions  |  Indicator Restrictions on online payments
Communication "A" 6823 (Comunicación "A" 6823)
Under Communication A 6823, cash advances made abroad from local credit cards are limited to a maximum of 50 USD per transaction. Companies and individuals need to obtain prior clearance from the Central Bank before transferring funds abroad, including dividend payments or paying for services rendered to a company by foreign affiliates. Individuals do not need to obtain Central Bank approval if transfers are made from their foreign currency accounts in Argentina to their accounts abroad.
Coverage Electronic payments

ARGENTINA

Since May 1982, as amended in March 2019

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Decree No. 1,001 (Decreto No. 1.001)
According to Art. 80 of Decree No. 1,001, as amended by Decree No. 221/2019, Argentina has a a de minimis threshold, that is the minimum value of goods below which customs do not charge duties and taxes, equal to 50 USD. This is below the 200 USD threshold recommended by the International Chamber of Commerce (ICC). In addition, this applies only to postal shipments and to a maximum of 12 shipments per year.
Coverage Horizontal

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