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KYRGYZ REPUBLIC

Reported in 2021, last reported in 2023

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The government owns shares in certain telecom companies. In particular, Alfa Telecom is fully owned by the State of Kyrgyzstan, while for Kyrgyztelecom Open Joint Stock Company (Kyrgyz Telecom OJSC) the ownership structure consists of 77.8% owned by the Ministry of Digital Development, 12.5% by the Social Fund and the remaining shares are owned by private individuals and entities.
Coverage Telecommunications sector
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[{"post_id":"76875"},{"post_id":"76876"},{"post_id":"76877"}]
"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 = 'KG')\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 = 'KG')\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":"0.50"}]

KYRGYZ REPUBLIC

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar 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: Digital goods

KYRGYZ REPUBLIC

N/A

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Participation in the World Trade Organization (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

KENYA

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Kenya 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

KENYA

Since February 2021

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
The Environmental Management and Coordination (Extended Producer Responsibility) Regulations of 2021
The Environmental Management and Coordination (Extended Producer Responsibility) Regulations impose obligations for importers of used electronic goods such as licences, registration for compliance schemes and reporting to ensure that the products comply with the Extended Producer Responsibility (EPR), amongst other requirements.
Coverage Used electronic goods, including electronic equipment

KENYA

N/A

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Pre-export verification of conformity (PVoC)
It is reported that there is a requirement to obtain a Certificate of Conformity from a Kenya Bureau of Standards appointed pre-export verification of conformity (PVoC) partner. To import any commodity into Kenya, an importer has to enlist the services of a clearing agent who will process the import documentation through Kenya Customs electronically on the Simba 2005 system and clear the goods on the company's behalf. It is the seller’s responsibility to ensure that shipments to Kenya happen only after issuance of a Certificate of Conformity. In addition, products containing the QMark do not have to go through inspection for compliance upon entry into another Partner State of the East African Community.
Coverage Horizontal

KENYA

Reported in 2022, last reported in 2023

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Lack of transparency of import procedures
Companies have expressed concerns regarding the prolonged duration for Kenyan Customs to release shipments, along with the excessive formalities involved. The one-stop customs clearance system in Kenya reportedly does not function as expected, and the pre-arrival processing of electronic documents is ineffective. Additionally, there are reports of inconsistent application of classification and valuation decisions within the system, as well as unnecessary transit inspections.
Coverage Horizontal

KENYA

Reported in 2022

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
Self-certification not allowed for foreign businesses
According to the Communications Authority of Kenya, an application for Type Approval must be made using the Application Form for Type Approval/Type Acceptance of ICT Equipment. It is reported that the homologation procedure in Kenya is more complicated than in most African countries. Depending on regulations and type of equipment, the authority may require product samples for further examination or simply issue an exemption letter. The validity period of conformity documents can be unlimited (exemption letters) or limited to 6 months (certificates of conformity) after which the authority automatically issues an unlimited certificate.
Coverage ICT equipment

KENYA

Since November 2011
Since August 2014

Pillar Online sales and transactions  |  Sub-pillar Restrictions on online payments
National Payment System Act No. 39 of 2011

National Payment System Regulations
According to Section 3 of the National Payment System Act, the Central Bank is empowered to designate a payment system. In addition, Section 12 prohibits unauthorised companies from conducting business with a payment service provider. Furthermore, pursuant to Art. 43 of the National Payment System Regulations, e-money issued shall be subject to an individual transaction limit that shall not exceed seventy thousand shillings (approx. USD 560) and an aggregate monthly load limit of one million shillings (approx. USD 7,990), provided that the Central Bank may approve higher limits for specific categories of e-money issuers. The limits may be amended by the Central Bank from time to time.
Coverage Horizontal

KENYA

Reported in 2023

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is KSH 2,580 (approx. USD 20), below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

KENYA

Since April 2010

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
The Kenya Information and Communications (Consumer Protection) Regulation
The Kenya Information and Communications (Consumer Protection) Regulation provides a comprehensive consumer protection framework that applies to online transactions.
Coverage Horizontal

KENYA

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the United Nations (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
Kenya has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

KENYA

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Kenya 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

KENYA

Since November 1999

Pillar Telecom infrastructure & competition  |  Sub-pillar Signature of the World Trade Organization (WTO) Telecom Reference Paper
WTO Telecom Reference Paper
Kenya has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

KENYA

Since August 2005

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Registration of SIM –Cards Regulations, 2015
Regulation 5 of the Registration of SIM-Cards Regulations requires every telecom operator to register its users, including the provision of personal data such as names and national identity cards.
Coverage Telecommunications sector

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