Database

Browse Database

JAMAICA

Since February 2022

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Jamaica is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

JAMAICA

N/A

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Jamaica is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal

JAMAICA

Reported in August 2022

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Complaints about public procurement
It has been reported that the procurement process needs some review because many procurements take too long in many government agencies and ministries.
Coverage Horizontal

JAMAICA

Since 2015, last amended in 2019

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
The Public Procurement Act
According to The Public Procurement Act, there are no specific sectors where international bidders are excluded. However, according to Art. 24, any public entity may carry out contracting through restricted bidding when, given the nature of the contracting, it is in the public interest that it be confidential, and restricted bidding is necessary to maintain confidentiality.
Coverage Horizontal

JAMAICA

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 the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Jamaica is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
"SELECT DISTINCT(post_id) 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 = 'JM')\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') 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 = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"57741"},{"post_id":"57742"},{"post_id":"57743"}]
"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 = 'JM')\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 = 'JM')\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":"1.00"}]

JAMAICA

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)
6.62%
Coverage rate of zero-tariffs on ICT goods (%)
59.15%
Coverage: Digital goods

KAZAKHSTAN

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
Kazakhstan 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

KAZAKHSTAN

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
Kazakhstan 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

KAZAKHSTAN

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

KAZAKHSTAN

Since May 2010

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Law of the Republic of Kazakhstan dated 4 May 2010 No. 274-IV on Protection of Consumer Rights
The Law on Protection of Consumer Rights provides a comprehensive framework for consumer protection that also applies to online transactions. Art. 33 of the Law on Protection of Consumer Rights includes provisions on the protection of e-consumers. Additionally, e-consumers enjoy all other privileges of the normal consumers.
Coverage Horizontal

KAZAKHSTAN

Reported in 2021

Pillar Online sales and transactions  |  Sub-pillar 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 USD 580.
Coverage Horizontal

KAZAKHSTAN

Since February 2021

Pillar Online sales and transactions  |  Sub-pillar Restrictions on domain names
Law of the Republic of Kazakhstan No. 417-V dated November 24, 2015 “On Informatization” (“Informatization Law”)
According to Art. 56 of the Law on Informatization requires that internet resources with ".kz" and ".қaz" domains must be hosted on hardware and software complexes located in Kazakhstan. In other words, an internet resource (website, web application, web service) using a ".kz" or ".қaz" domain must be hosted on a server in a data center located in Kazakhstan. The server must also be connected to a Kazakh internet provider and use a (dedicated or shared) Kazakhstan IP address. It is reported that the owners of Internet resources were originally required to start using Kazakhstan's data centers by November 2020, however, since the related transition required additional costs and time, the deadline for meeting this requirement was extended to February 2021.
Coverage Internet resources with .kz and .қaz domain

KAZAKHSTAN

Since July 2018, entry into force in July 2019, last amended in January 2020

Pillar Online sales and transactions  |  Sub-pillar Restrictions on online payments
Law No. 167-VІ SAM on Currency Regulation and Currency Control (Закон o валютном регулировании и валютном контроле)
According to Art. 7 of Law No. 167-VІ SAM on Monetary Regulation and Foreign Exchange Control (which repealed Law No. 57 of 2005 on Monetary Regulation in July 2018), the use of a local bank is mandatory for settlements in foreign currency between residents of the KR and non-residents. Exceptions are settlements made from a foreign bank account of a non-resident, carried out on account of the performance of obligations of a resident (e.g. when a foreign parent company pays its local branch in the KR) and settlements with non-residents made from the resident's account in a foreign bank. Also, settlements between residents of the KR (including local branches of foreign non-financial legal entities considered residents) must be made in local currency.

KAZAKHSTAN

Since April 2004, last amended in December 2022
Since March 2015, as amended in July 2019, last amended September 2022
Since January 2015, last amended in October 2022

Pillar Online sales and transactions  |  Sub-pillar Licensing scheme for e-commerce providers
Law On the regulation of trading activities No. 544

Order On approval of the rules of domestic trade No. 264

Order On approval of the notification templates and the rules for submission of notifications by state authorities No. 4
In accordance with subparagraph 4-1 of Art. 7 of Law No. 544, the Minister of National Economy of Kazakhstan ordered the approval of the Rules of Domestic Trade (Order No. 264). Arts. 105-1 and 106-1 of the Rules mandate e-commerce sellers to indicate their BIN (business identification number), address of business operations on the territory of Kazakhstan and mobile telephone number registered in Kazakhstan in order to operate in the country. Additional information on this requirement is found in Annex 3-10 of Order No. 4.
Coverage E-commerce sellers

KAZAKHSTAN

Since July 2006

Pillar Technical standards applied to ICT goods, products and online services  |  Sub-pillar Self-certification for product safety
Law on Communication
According to Article 16 of the Law on Communication, technical means of communications used in the telecommunications network of the Republic of Kazakhstan are subject to procedure of mandatory conformity acknowledgment by the authorities. The equipment has to be submitted to certification bodies recognized (or approved) by the regulator for certification.
Coverage Telecom equipment