Database

Browse Database

CAMBODIA

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 Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Cambodia is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods

CAMBODIA

Since May 2023

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Law on Public Procurement (ច្បាប់ស្ដីពី លទ្ធកម្មសាធារណ)
In accordance with Art. 12 of the Law on Public Procurement, international competitive bidding is employed for procurement activities of substantial value and high technical complexity. Conversely, domestic competitive bidding is utilised when adequate domestic products or production or construction capabilities are available. This 2023 legislation supersedes the previous Law of the same name enacted in January 2012, which contained a similar provision in its Art 11. According to Art. 11 of the Law of 2023, the conditions, thresholds, and procedure for implementing each procurement method shall be determined by a Prakas of the Minister of the Ministry of Economy and Finance. However, the implementing regulation could not be found online. In addition, pursuant to Chapter 6 (Qualifications of bidders) of the Law on Public Procurement, the Ministry of Economic and Finance (MEF) requires all companies, contractors, and consultants that want to join any bidding for public procurement shall register with MEF and go through a screening process.
Coverage Horizontal

CAMBODIA

Reported in 2017, 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 government procurement is often not transparent and that the Cambodian Government frequently provides short response times to public announcements of tenders, which are posted on the Ministry of Economic and Finance (MEF)'s website. Moreover, different prequalification procedures exist at the provincial level, making some bids particularly complex for prospective contractors. It is also reported that irregularities in the government procurement process are common despite a strict legal requirement for audits and inspections and that, despite allegations of malfeasance at a number of ministries, the Cambodian Government has taken little action to investigate irregularities.
Coverage Horizontal

CAMBODIA

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

BRUNEI

N/A

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
Brunei lacks a comprehensive framework for consumer protection that applies to online transactions. However, the country has partial laws in place, namely the Consumer Protection (Fair Trading) Order 2011 and the Electronic Transactions Act (2008).
Coverage Horizontal

BRUNEI

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

BRUNEI

Since 2000

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Brunei has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

BRUNEI

N/A

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

BRUNEI

Since April 2006
Since April 2022

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Telecommunications Order, 2001 (​S 38/2001​) (Perintah Telekomunikasi, 2001 (​S 38/2001​))

Advisory Guidelines on Dealer Telecommunications License
To import telecommunications, radio communications, or satellite equipment for resale in Brunei Darussalam, individuals must obtain a Dealer Telecommunication License (DTL), a Dealer Type Approval (DTA), and a Dealer Import Permit (DIP). The Authority for Info-communications Technology Industry of Brunei (AITI) issues these licenses and permits to ensure compliance with national safety standards. A DTL is granted by the Authority for Info-communications Technology Industry of Brunei Darussalam under Section 5 of the Telecommunications Order, 2001. This Licence authorises the licensee to import, let for hire, sell, offer or possess for sale any equipment as defined in Telecommunications Order, 2001. According to Section 2.2 of the Advisory Guidelines on Dealer Telecommunications License, only businesses and companies established in Brunei Darussalam can apply for a Licence.
Coverage Telecommunications and radiocommunications equipment

BRUNEI

Since March 1997, last amended in October 2000

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Chapter 180 - Broadcasting (Internet Practices) Act (Bab 180 - Akta Penyiaran (Tataamalan Internet))
Section 23 of the Broadcasting Act requires that a person shall not import, offer for sale, sell or have in his/her possession with a view to purchasing any broadcasting equipment except under and in accordance with a licence.
Coverage Broadcasting equipment

BRUNEI

Since 2006

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Import and Export Procedures
Any company that wishes to engage in importing, exporting or transiting goods in Brunei Darussalam must be registered with the Royal Customs and Excise Department (RCED) or appoint a Customs Agent (Forwarder) already registered with the RCED.
Coverage Horizontal

BRUNEI

Since April 2006

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Telecommunications Order, 2001 (​S 38/2001​) (Perintah Telekomunikasi, 2001 (​S 38/2001​))
The Authority for Info-communications Technology Industry of Brunei (AITI) requires type approval of telecommunication, radiocommunication and satellite equipment to be sold and used in Brunei. Overseas manufacturers are not allowed to possess a type-approval certificate. They can do so only through a local dealer/representative. Applicants seeking Dealer Type Approval must hold a valid Dealer Licence issued by AITI. All Type Approval certificates are renewable every five years, but it is necessary to inform AITI of any changes in the product regardless of how minor they are and whether they might not affect the previous declaration/certificate [Section 9].
Coverage Telecommunication, radiocommunication and satellite equipments

BRUNEI

Reported in 2021, last reported in 2023

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
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 BND 400 (approx. USD 300), above the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

BRUNEI

Since March 2015

Pillar Online sales and transactions  |  Indicator Restrictions on domain names
BNNIC Registration Policies, Procedures and Guidelines
According to Arts. 3.1 and 3.6 of the BNNIC Registration Policies, Procedures, and Guidelines, foreign companies or businesses may register for ".bn" and "com.bn" domains only if they have a registered trademark with the Registrar of Trademarks.
Coverage Horizontal

BRUNEI

Since February 2001

Pillar Content access  |  Indicator Licensing schemes for digital services and applications
Broadcasting (Class Licence) Notification, 2001 (S 13/2001) (Akta Penyiaran Kenyataan Penyiaran (Lesen Kelas), 2001)
According to Section 3 of the Broadcasting (Class Licence) Notification 2001, online computer services provided by Internet Content Providers (ICPs) and Internet Service Providers (ISPs) are subject to a class license. Pursuant to Art. 2 of the law, ICP means (i) any individual in Brunei Darussalam who provides any programme for business, political or religious purposes on the World Wide Web through the Internet; or (ii) any corporation or group of individuals (including any association, business, club, company, society, organisation or partnership, whether registrable or incorporated under the laws of Brunei Darussalam or not) who provides any programme on the World Wide Web through the Internet, including any web publisher and any web server administrator.
Coverage Computer online services

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