SRI LANKA
Since July 1991, as amended in July 2024
Since August 2024
Since August 2024
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Sri Lanka Telecommunications Act, No. 25 of 1991
Telecommunications Infrastructure Sharing Regulations No. 1 of 2024
Telecommunications Infrastructure Sharing Regulations No. 1 of 2024
Under Section 17.10 of the Telecommunications Act, as amended in 2024, the Commission shall have the authority to issue directions to any operator to whom a licence has been issued, requiring the sharing of any infrastructure owned or used by such operator with another operator specified by the Commission. The Act’s definition of infrastructure includes passive infrastructure.
Section 7 of the Telecommunications Infrastructure Sharing Regulations released in 2024 states that these Regulations establish an infrastructure sharing regime that enables the sharing of applicable telecommunications infrastructure among the requesting operators, sharing operators, and owning operators.
Section 7 of the Telecommunications Infrastructure Sharing Regulations released in 2024 states that these Regulations establish an infrastructure sharing regime that enables the sharing of applicable telecommunications infrastructure among the requesting operators, sharing operators, and owning operators.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20250529024617/https://lankalaw.net/wp-content/uploads/2025/03/Sri-Lanka-Telecommunications-Act-Consolidated-2024.pdf
- https://web.archive.org/web/20250529024842/https://www.trc.gov.lk/legislation/pages_e.php?id=34
- https://web.archive.org/web/20250418064648/https://www.trc.gov.lk/content/files/legislation/Extraordinary%20Gazette%202396-32_E.pdf
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SRI LANKA
Reported in 2022, last reported in 2024
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The government holds an equity stake in a telecommunications company, with the Secretary to the Treasury possessing 50.2% of the issued share capital of Sri Lanka Telecom PLC as of 2024.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20250529173737/https://www.slt.lk/sites/default/files/sustainability_reports/Interim%20report%20Q4%2024%20-SLT%20PLC%20%4027%20Feb%20_Signed_0.pdf
- https://web.archive.org/web/20250505070139/https://www.slt.lk/sites/default/files/sustainability_reports/AR-2023-V2.pdf
- https://web.archive.org/web/20250529173803/https://www.slt.lk/sites/default/files/sustainability_reports/SLT_AR_2022_v2.pdf
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SRI LANKA
Since July 2024
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Competition Rules of No. 01 of 2024
Pursuant to Section 11 of the Competition Rules, in instances where the telecommunications market is determined to lack effective competition, the Telecommunications Regulatory Commission of Sri Lanka (TRCSL) is mandated to identify entities possessing significant market power. Upon such identification, the Commission shall impose appropriate regulatory obligations on these entities with the objective of remedying the identified deficiencies in market competitiveness. In addition, the Commission will assess, on a case-by-case basis, the necessity of implementing accounting and functional separation measures, taking into account the specific circumstances and characteristics of each case.
Coverage Telecommunications sector
SRI LANKA
Since November 2024, entry into force in January 2025
Since January 2025
Since January 2025
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Procurement Guidelines - 2024 on Goods, Works, and Non-Consulting Services
Public Procurement Manual 2024
Public Procurement Manual 2024
Under Section 7.7.1 of the 2024 Procurement Guidelines, domestic preference may be applied in procurement processes conducted under either International Competitive Bidding (ICB) or National Competitive Bidding (NCB). This preference aims to promote national construction and manufacturing industries, and may be granted when domestic contractors and/or locally manufactured or locally value-added goods and information systems are offered in competition with foreign contractors and imported goods. The Guidelines establish the overarching entitlement and conditions under which preference can be considered but refer to the Procurement Manual for the operational criteria and procedures.
Section 7.7.1 of the Manual clarifies that domestic preference for goods is granted based on local value addition, rather than the nationality of the bidder or manufacturer. Specifically, to qualify, the goods must contain at least 30% local content in the EXW (ex-works) price—comprising local labour, raw materials, or components—as defined in Section 5.15 of the Manual. Bidders must be registered under the Companies Act No. 7 of 2007 and are required to submit an affidavit and certified audited financial statements demonstrating the local value addition. The applicable margin of preference is 20% for contracts funded by the Government of Sri Lanka, while for contracts financed by Foreign Funded Agencies, the margin is determined in accordance with the relevant loan or credit agreement. The preference is implemented by adding the specified percentage to the evaluated bid price of non-qualifying bidders for comparison purposes only; the final contract award price remains unchanged.
Section 7.7.1 of the Manual clarifies that domestic preference for goods is granted based on local value addition, rather than the nationality of the bidder or manufacturer. Specifically, to qualify, the goods must contain at least 30% local content in the EXW (ex-works) price—comprising local labour, raw materials, or components—as defined in Section 5.15 of the Manual. Bidders must be registered under the Companies Act No. 7 of 2007 and are required to submit an affidavit and certified audited financial statements demonstrating the local value addition. The applicable margin of preference is 20% for contracts funded by the Government of Sri Lanka, while for contracts financed by Foreign Funded Agencies, the margin is determined in accordance with the relevant loan or credit agreement. The preference is implemented by adding the specified percentage to the evaluated bid price of non-qualifying bidders for comparison purposes only; the final contract award price remains unchanged.
Coverage Horizontal
SRI LANKA
Reported in 2017, last reported inn 2024
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Lack of transparency in tenders
There is no public procurement law in Sri Lanka, and all government procurement is conducted in accordance with established guidelines and manuals. It is reported that the absence of a dedicated procurement law creates ambiguity within the legal framework and has contributed to elevated levels of political involvement in the selection of procurement awardees, inadequate contract management, limited transparency, and insufficient oversight of procurement processes and outcomes.
Foreign stakeholders have also noted that opaque procurement practices and the uneven enforcement of anti-corruption measures may distort competition in public tenders, creating disadvantages for firms committed to high compliance standards.
Foreign stakeholders have also noted that opaque procurement practices and the uneven enforcement of anti-corruption measures may distort competition in public tenders, creating disadvantages for firms committed to high compliance standards.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250529230754/https://www.state.gov/reports/2024-investment-climate-statements/srilanka/
- https://web.archive.org/web/20250207180814/https://www.state.gov/reports/2017-investment-climate-statements/sri-lanka/
- https://web.archive.org/web/20250606021138/https://www.sundaytimes.lk/240728/news/new-procurement-guidelines-coming-but-imf-prescribed-law-hit-by-delays-565502.html
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SRI LANKA
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)
Sri Lanka is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA); however, it has held observer status since April 2023.
Coverage Horizontal
SRI LANKA
Since July 2017
Since February 2021
Since February 2021
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Foreign Exchange Act, No. 12 of 2017
Foreign Exchange (Classes of Capital Transactions Undertaken in Sri Lanka by a Person Resident Outside Sri Lanka) Regulations No. 2 of 2021
Foreign Exchange (Classes of Capital Transactions Undertaken in Sri Lanka by a Person Resident Outside Sri Lanka) Regulations No. 2 of 2021
Foreign investment in Sri Lanka is governed by the Foreign Exchange Act. The Foreign Exchange Regulations No. 2 of 2021, issued under this Act, specify the types of investments that may be undertaken by foreigners. There are no limitations on foreign ownership in sectors relevant to digital trade. Section A.8 of Part I of the Schedule to the Regulations restricts foreign ownership in mass communications to 40% ownership, however the term "mass communications" is not defined.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250529230811/https://www.parliament.lk/uploads/acts/gbills/english/6043.pdf
- https://web.archive.org/web/20241210211001/https://dfe.lk/web/images/rdevelopment/d8cca82aaa30bb8155cf56a4a8afbffb-2213-35-E.pdf
- https://web.archive.org/web/20250529230754/https://www.state.gov/reports/2024-investment-climate-statements/srilanka/
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SRI LANKA
Since November 2003
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Intellectual Property Act, No. 36 of 2003
Pursuant to Section 71 of the Intellectual Property Act, where an applicant for the grant of a patent has neither an ordinary residence nor a principal place of business within Sri Lanka, such applicant must be represented by an agent domiciled in Sri Lanka. The name and address of the agent must be included in the application, which shall also be accompanied by a power of attorney duly executed in favour of the agent by the applicant.
Coverage Horizontal
SRI LANKA
Reported in 2024
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Reported delays in patent processing
It is reported that a shortage of personnel at the National Intellectual Property Office (NIPO) has led to a significant backlog in the processing of patent applications. This staffing inadequacy is reported as the principal factor contributing to delays in application processing.
Coverage Horizontal
SRI LANKA
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)
4.34%
Coverage rate of zero-tariffs on ICT goods (%)
63.99%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
SRI LANKA
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 the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Sri Lanka is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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SRI LANKA
Since November 2024, entry into force in January 2025
Since January 2025
Since January 2025
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Procurement Guidelines - 2024 on Goods, Works, and Non-Consulting Services
Public Procurement Manual 2024
Public Procurement Manual 2024
Section 3.1.1 of the 2024 Procurement Guidelines on Goods, Works, and Non-Consulting Services, provides for a preference towards domestic procurement. In fact, International Competitive Bidding (ICB) is required only when the capacity of domestic contractors, suppliers, or service providers is limited (regardless of contract value), or when the applicable agreement with a Foreign Funding Agency explicitly mandates the use of ICB procedures. The 2024 Public Procurement Manual confirms that ICB is the required procurement method only in the presence of limited local capacity or competition, as well as in cases involving complex procurements for which the necessary technology or expertise is not available domestically. Notably, while the previous regime (as outlined in the 2006 Procurement Guidelines and Manual) established a monetary threshold of LKR 300 million (approx. USD 1 million) for the use of ICB, this threshold is no longer retained under the regulations.
Coverage Horizontal
TIMOR-LESTE
Since March 2012, last amended in September 2024
Since July 2021
Since July 2021
Pillar Online sales and transactions |
Indicator Licensing scheme for e-commerce providers
Decree-Law No. 15/2012 of 28 March 2012 on the Regulation of the Telecommunications Sector (Decreto-Lei Nº 15/2012, de 28 de Março, Sobre a Regulamentação do Sector das Telecomunicações)
ANC Guidelines on Registration
ANC Guidelines on Registration
Chapter V of "Decree-Law No. 15/2012 of 28 March 2012 on the Regulation of the Telecommunications Sector" mandates that any natural or legal person intending to provide telecommunications services must first register with the National Communications Authority. In accordance with Annex A of the "ANC Guidelines on Registration", telecommunications services includes cross-border services that either originate in or terminate within the territory of Timor-Leste. This scope explicitly encompasses value-added network application services, which, pursuant to Schedule 58, include electronic transaction services such as e-commerce. In addition, a registrant is required to deliver such services via a service node located within Timor-Leste or through a local access node that is interconnected with the public telecommunications network.
Coverage Electronic transaction services, including e-commerce
Sources
- https://web.archive.org/web/20240723093432/http://anc.tl/media/2021/07/ANC_Guidelines_on_Registration.pdf
- https://web.archive.org/web/20240802054335/https://mj.gov.tl/jornal/lawsTL/RDTL-Law/RDTL-Decree-Laws-P/Decreto%20Lei%20%2015-2012.pdf
- https://web.archive.org/web/20241001131842/https://www.wto.org/english/thewto_e/acc_e/tls_e/WTACCTLS5_LEG_86.pdf
- https://web.archive.org/web/20250116141644/http://anc.tl/media/2025/01/Decreto-Lei-N.31-2024-15-2012-SERIE_I_NO_36_C-ANC.pdf
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TIMOR-LESTE
Reported in 2022, last reported in 2024
Pillar Online sales and transactions |
Indicator Restrictions on online payments
Reported transaction limits
It is reported that the Central Bank has imposed regulatory limits on the Mosan and T-Pay systems, both of which are providers of e-wallet services. Specifically, for the Mosan system, there is an upper limit of USD 500 for the maximum account balance, alongside a daily deposit cap of USD 300. In the case of the T-Pay system, the maximum permissible transaction value is USD 300 per day, with a maximum account balance limited to USD 300.
Coverage E-wallet services
TIMOR-LESTE
Reported in 2021, last reported in 2025
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
De minimis threshold
It is reported that goods imported into Timor-Leste are exempt from import duties if the amount of duty that would otherwise be payable does not exceed USD 10. Given that the country applies a flat rate of 5% tariffs to all products, it can be inferred that the de minimis threshold—defined as the minimum value of goods below which customs duties are not levied—is set at USD 200. This is the threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
Sources
- https://web.archive.org/web/20241107190556/https://customs.gov.tl/doing-business/duties-taxes/
- https://web.archive.org/web/20250525215910/https://taxsummaries.pwc.com/timor-leste/corporate/other-taxes
- https://web.archive.org/web/20211023231805/https://customs.gov.tl/doing-business/duties-taxes/
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