VIETNAM
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in ITA Expansion Agreement (ITA II)
Vietnam 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
VIETNAM
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Effective tariff rate to ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.25%
Coverage rate of zero-tariffs on ICT goods (%)
64.98%
Coverage: Digital goods
MOROCCO
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Morocco 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
MOROCCO
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Morocco 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
MOROCCO
Since February 2011
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Law No. 31/08 on the protection of consumer, promulgated by the Royal Decree No. 1-11-03
Law No. 31/08 on the protection of consumers, promulgated by the Royal Decree No. 1-11-03), provides a comprehensive consumer protection framework that applies to online transactions.
Coverage Horizontal
MOROCCO
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention of Electronic Communications
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Morocco has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
MOROCCO
Reported in 2021
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 USD 135, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
MOROCCO
N/A
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
Local presence requirement for domain names
Registration of ".ma" domain name is unrestricted. However, it is required that an administrative contact who must be a natural person established in Morocco manages the domain name with the registrar and Telecommunications Authority (ANRT).
Coverage Horizontal
MOROCCO
Since 2019, last amended in January 2022
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
General Instructions on Foreign Exchange Operations of January 3, 2022
Under the e-commerce title in Art. 151 of the 2022 version of the General Instructions on Foreign Exchange Operations, innovative start-ups are allowed to pay up to 1,000,000 dirhams (approx. 100,000 USD) per calendar year for the import of services related to their business by international payment cards. The limit was pegged at 500,000 dirhams (approx. 50,000 USD) in the 2019 General Instruction.
Coverage Startups
MOROCCO
Since 2019, last amended in January 2022
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
General Instructions on Foreign Exchange Operations of January 3, 2022
According to Art. 151 of the 2022 version of the General Instructions on Foreign Exchange Operations, the amounts relating to payments of current e-commerce transactions include up to a limit of 200. 000 dirhams (approx. 20,000 USD) per calendar year and per beneficiary, for entities incorporated under Moroccan law and not holding an account in foreign currency or convertible dirhams, determined on the basis of (i) 100% of the amount of corporate income tax (IS) or personal income tax (IR) for companies subject to this tax, or the amount of the minimum contribution paid by companies, cooperatives subject to corporate income tax and branches registered with the Bureau de Change for the last fiscal year; (ii) 100% of the amount of the tax of the last fiscal year offset against the tax credit for companies with tax credit.
Coverage Startups
MOROCCO
Since 2019, last amended in January 2022
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
General Instructions on Foreign Exchange Operations of January 3, 2022
Online purchases for individuals in Morocco are capped at 15,000 dirhams (about USD 1,500) per recipient per calendar year in line with Art. 151 of the 2022 General Instruction of Foreign Exchange Operations. The current limit was revised under the 2019 General Instructions from 10,000 dirhams in 2013 and remains the same in 2022.
Coverage Horizontal
MOROCCO
Since November 2007
Since January 2015
Since January 2015
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Restrictions on encryption standards
Law No. 53-05 on the electronic exchange of legal data, promulgated by Decree No. 1-07-129 of November 30, 2007
Decree No. 2-13-881 of January 20, 2015 amending and supplementing Decree No. 2-08-518 of May 21, 2009 taken for the application of articles 13, 14, 15, 21 and 23 of Law No. 53-05 relating to the electronic exchange of legal data
Decree No. 2-13-881 of January 20, 2015 amending and supplementing Decree No. 2-08-518 of May 21, 2009 taken for the application of articles 13, 14, 15, 21 and 23 of Law No. 53-05 relating to the electronic exchange of legal data
According to Art. 13 of Law No. 53-05 relating to the electronic exchange of legal data, the import, export, supply, operation, or use of means or cryptographic services is subject to a prior statement and prior approval from the authority. The purpose of the provision is to prevent the use of cryptographic services for illegal purposes and to protect the interests of national defense, and the internal or external security of the State.
According to Decree 2-13-881, adopted in 2015, the responsibility for authorizing and monitoring “electronic certifications,” including encryption, shifted from the Telecommunications Regulator 'ANRT' to the military’s General Directorate for the Security of Information Systems. It is reported that the civil society advocates found the change of authorities problematic, given the lack of accountability and oversight at military institutions.
According to Decree 2-13-881, adopted in 2015, the responsibility for authorizing and monitoring “electronic certifications,” including encryption, shifted from the Telecommunications Regulator 'ANRT' to the military’s General Directorate for the Security of Information Systems. It is reported that the civil society advocates found the change of authorities problematic, given the lack of accountability and oversight at military institutions.
Coverage Cryptographic Services
MOROCCO
Since August 2011
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Self-certification for product safety
Law No. 24-09 relating to the safety of products promulgated by Decree No. 1-11-140 of August 17, 2011
According to Art. 14 of Law 24-09 of 2011 relating to the safety of products, declaration of conformity for industrial products to their relevant Moroccan standards (NM) is the sole responsibility of the manufacturer or importer. In the absence of Moroccan standards, the producer can rely on international standards. In case the producers do not have the means to evaluate their products, they are allowed to rely on an external body. This body must however be recognized by Morocco.
With effect from 1 February 2020, it is reported that the Government, in pursuance of Law 24-09 complemented by Decree No 2-212-502 and Order No 3873-12, introduced a new Verification of Conformity Program for goods imported into Morocco. Under the new program, the verification is supposed to take place in the country of export or on arrival at the border in Morocco. Products subject to border control include electrical items such as mobile phone chargers and circuit breakers, while goods subject to verification prior to export include electrical equipment within certain voltage limits, and equipment related to electromagnetic compatibility, and are required to be accompanied by a Certificate of Conformity (CoC). The transitional period during which manufacturers could continue to export in Morocco without the CoC was until April 2020. Organizations officially recognized to issue the relevant certifications of conformity include Bureau Veritas, TUV Rheinland, Applus Fomento, and SGS.
With effect from 1 February 2020, it is reported that the Government, in pursuance of Law 24-09 complemented by Decree No 2-212-502 and Order No 3873-12, introduced a new Verification of Conformity Program for goods imported into Morocco. Under the new program, the verification is supposed to take place in the country of export or on arrival at the border in Morocco. Products subject to border control include electrical items such as mobile phone chargers and circuit breakers, while goods subject to verification prior to export include electrical equipment within certain voltage limits, and equipment related to electromagnetic compatibility, and are required to be accompanied by a Certificate of Conformity (CoC). The transitional period during which manufacturers could continue to export in Morocco without the CoC was until April 2020. Organizations officially recognized to issue the relevant certifications of conformity include Bureau Veritas, TUV Rheinland, Applus Fomento, and SGS.
Coverage Electrical products
Sources
- https://www.mcinet.gov.ma/en/content/products-subject-technical-regulations-requiring-c%D9%85-mark
- https://wipolex.wipo.int/en/legislation/details/19844
- https://www.ul.com/news/morocco-new-verification-conformity-program-imported-regulated-products
- https://marglory.com/import-control-system-for-industrial-products-law-24-09/
- https://www.sgs.com/en/connectivity-and-products/government-and-trade-facilitation/product-conformity-assessment-pca/kingdom-of-morocco
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MOROCCO
Since August 1997
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Self-certification for product safety
Decree No 1-97-162 of August 7th 1997 promulgating law n° 24-96 on postal and telecommunications services
According to Arts. 14-15 of Decree No. 24-96 on postal and telecommunication services, terminal equipment intended to be connected to a public telecommunications network must be subject to prior approval issued by the National Telecommunications Regulatory Agency (ANRT), or by a laboratory approved by the Agency to test and measure telecommunications equipment. With regard to radioelectric installations, approval of equipment is required in all cases, whether they are intended to be connected to a public telecommunications network or not.
Coverage Telecommunication and radio equipment
Sources
- https://www.anrt.ma/sites/default/files/documentation/1997-1-97-162-24-96-loi-telecom-fr.pdf
- https://www.anrt.ma/en/e-services/agrements-des-equipements/consulter-la-liste-des-equipements-agrees
- https://www.anrt.ma/en/e-services/agrements-des-equipements/consulter-la-liste-des-equipements-dispenses
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MOROCCO
Since January 2005
Pillar Quantitative trade restrictions for ICT goods, products and online services |
Sub-pillar Local content requirements (LCRs) on ICT goods for the commercial market
Decree No 1-04-257 of January 7, 2005 Promulgating Law No 77-03 Relating to Audiovisual Communication
Art. 8 of Law No. 77-03 on Audiovisual Communication includes some local content requirements to audiovisual operators including: to promote Moroccan artistic creation and encourage local production; to ensure that as many regions of the country as possible benefit from sufficient coverage of radio and television programs; to give preference to national audiovisual production in the composition of their program offer; and to make maximum use of Moroccan resources for the creation of audiovisual works and the presentation of their programming, unless such a practice proves difficult to achieve because of the nature of the service, in particular its specialized content or format or the use of other languages. It is not clear whether the law applies to online content.
Coverage Audiovisual communication services