KAZAKHSTAN
Since January 2016
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Law No. 434-V on Public Procurement (Заңы № 434-V ҚРЗ.Мемлекеттiк сатып алу туралы)
According to Art. 14 of the Law on Public Procurement, national treatment for goods originating from foreign countries, as well as works and services performed by foreign suppliers, is applied only under the conditions specified in international treaties ratified by Kazakhstan. The Law also grants the Government of Kazakhstan the right to establish exemptions from national treatment for up to two years to protect the constitutional order, ensure national defence and security, safeguard the domestic market, promote economic development, and support domestic producers.
Coverage Horizontal
KAZAKHSTAN
Since January 2016
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Law No. 434-V on Public Procurement (Заңы № 434-V ҚРЗ.Мемлекеттiк сатып алу туралы)
Art. 39.3 of the Law on Public Procurement states that the purchase of periodicals on electronic carriers and information provision services from international and/or foreign information organisations may be conducted through a single-source method. In this case, the government selects the supplier through an ad hoc decision rather than a tender process. This approach is permitted when a tender fails to result in the conclusion of a public procurement contract. However, decisions regarding single sourcing are reported to lack transparency and competitiveness, creating opportunities for corrupt practices where only companies familiar to the contracting authorities succeed.
Coverage Electronic carriers, information services
KAZAKHSTAN
Reported in 2019, last reported in 2020
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Complaints on public procurement
It has been reported that practical challenges exist in applying for public tenders, particularly due to the structure of Kazakhstan's e-procurement system. Additionally, there appears to be a concerted effort to promote local suppliers through public procurement. Furthermore, the requirement for foreign bidders to obtain a digital signature certificate is said to undermine the principle of open eligibility.
Coverage Horizontal
Sources
- https://web.archive.org/web/20241211135317/https://www.oecd-ilibrary.org/sites/c11183ae-en/1/2/1/index.html?itemId=/content/publication/c11183ae-en&_csp_=e3396f039b4c40f0a76c2ce0fe7d29a9&itemIGO=oecd&...
- https://web.archive.org/web/20211205140717/https://www.worldbank.org/en/news/press-release/2020/05/26/more-unified-approach-to-public-procurement-needed-to-boost-kazakhstans-economic-recovery
KAZAKHSTAN
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the World Trade Organization (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)
Kazakhstan is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 2016.
Coverage Horizontal
KAZAKHSTAN
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)
1.72%
Coverage rate of zero-tariffs on ICT goods (%)
59.99%
Coverage: Digital 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
GEORGIA
Since June 2019, last amended in April 2023
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Customs Code of Georgia
According to Art. 185 of the Customs Code of Georgia, the importation of goods whose total value does not exceed the threshold of GEL 300 (approx. USD 111), with the exception of alcoholic products, perfumes, toilet water, tobacco and tobacco products, are exempt from import duties. This threshold is lower than the USD 200 threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
Sources
- https://web.archive.org/web/20250116145340/https://matsne.gov.ge/en/document/view/4598501?publication=7
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S420R1.pdf&Open=True
- https://web.archive.org/web/20241206210823/https://zhenhub.com/blog/customs-duty-de-minimis-import-duty-rates-by-country-2024/
- Show more...
GEORGIA
Since April 2022
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Law of Georgia No. 1455-VIIIMS-XMP on the Protection of Consumer Rights (საქართველოს კანონი 1455-VIIIმს-Xმპ მომხმარებლის უფლებების დაცვის შესახებ)
The Law on Consumer Rights provides a comprehensive framework for consumer protection that also applies to online transactions. Arts. 4(d), 10, and 12 include provisions for the protection of e-consumers.
Coverage Horizontal
GEORGIA
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
Georgia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
GEORGIA
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
Georgia 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
GEORGIA
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Georigia's law and jurisprudence.
Coverage Internet intermediaries
GEORGIA
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
A basic legal framework on intermediary liability beyond copyright infringement is absent in Georigia's law and jurisprudence.
Coverage Internet intermediaries
GEORGIA
Since March 2006, last amended in June 2022
Pillar Intermediary liability |
Sub-pillar User identity requirement
Resolution No. 3 of Georgian National Communications Commission on the Approval of the Regulations in respect to the Provision of Services and Protection of Consumer Rights in the Sphere of Electronic Communications (საქართველოს კომუნიკაციების ეროვნული კომისიის დადგენილება No. 3 ელექტრონული კომუნიკაციების სფეროში მომსახურების მიწოდებისა და მომხმარებელთა უფლებების შესახებ რეგლამენტის დამტკიცების თაობაზე)
According to Art. 5.1 of Resolution No. 3 of Georgian National Communications Commission on the Approval of the Regulations in respect to the Provision of Services and Protection of Consumer Rights in the Sphere of Electronic Communications, electronic-communication service providers must record and keep information concerning consumers, including the name and surname of the consumer. It is also reported that mobile network operators must collect and store a user's personal information and proof of identity for SIM card registration.
Coverage Telecommunication services
GEORGIA
Since March 2006, as amended in November 2007, last amended in June 2022
Pillar Intermediary liability |
Sub-pillar Monitoring requirement
Resolution No. 3 of Georgian National Communications Commission on the Approval of the Regulations in respect to the Provision of Services and Protection of Consumer Rights in the Sphere of Electronic Communications (საქართველოს კომუნიკაციების ეროვნული კომისიის დადგენილება No. 3 ელექტრონული კომუნიკაციების სფეროში მომსახურების მიწოდებისა და მომხმარებელთა უფლებების შესახებ რეგლამენტის დამტკიცების თაობაზე)
In accordance with Art. 10.2 (c) of Resolution No. 3 of the Georgian National Communications Commission on the Approval of the Regulations in Respect to the Provision of Services and Protection of Consumer Rights in the Sphere of Electronic Communications, the owner of an Internet site must periodically review any links on the site to ensure that the linked content does not contain offensive or inappropriate material. If such material is found, the site owner must take appropriate measures to remove it.
It is reported that individuals or entities who own a website are required to conduct regular monitoring of their web content to prevent the publication of inadmissible material. However, this monitoring is often not performed consistently and is usually only carried out at the request of the Georgian National Communications Commission.
It is reported that individuals or entities who own a website are required to conduct regular monitoring of their web content to prevent the publication of inadmissible material. However, this monitoring is often not performed consistently and is usually only carried out at the request of the Georgian National Communications Commission.
Coverage Internet sites
GEORGIA
Since March 2006, as amended in November 2007, last amended in June 2022
Pillar Intermediary liability |
Sub-pillar Monitoring requirement
Resolution No. 3 of Georgian National Communications Commission on the Approval of the Regulations in respect to the Provision of Services and Protection of Consumer Rights in the Sphere of Electronic Communications (საქართველოს კომუნიკაციების ეროვნული კომისიის დადგენილება No. 3 ელექტრონული კომუნიკაციების სფეროში მომსახურების მიწოდებისა და მომხმარებელთა უფლებების შესახებ რეგლამენტის დამტკიცების თაობაზე)
According, Art. 10.3 of Resolution No. 3 of the Georgian National Communications Commission on the Approval of the Regulations in Respect to the Provision of Services and Protection of Consumer Rights in the Sphere of Electronic Communications, Internet domain issuers must periodically review the content of the websites registered under their domain to prevent the hosting of inappropriate material. Upon discovering such content, the domain issuer must promptly (a) warn the domain owner and set a deadline for the removal of the inappropriate material and (b) block the Internet site if the warning is ignored.
It is reported that individuals or entities who manage an Internet domain are required to conduct regular monitoring of the web content to prevent the publication of inadmissible material. However, this monitoring is often not performed consistently and is usually only carried out at the request of the Georgian National Communications Commission.
It is reported that individuals or entities who manage an Internet domain are required to conduct regular monitoring of the web content to prevent the publication of inadmissible material. However, this monitoring is often not performed consistently and is usually only carried out at the request of the Georgian National Communications Commission.
Coverage Internet domain issuers
GEORGIA
Since February 1998, last amended in November 2023
Pillar Content access |
Sub-pillar Restrictions on online advertising
Law of Georgia No. 1228 on Advertising (საქართველოს კანონი № 1228 რეკლამის შესახებ)
Pursuant to Art. 4 of Law No. 1228, advertisements are required to be in the Georgian language, and any trademarks in a foreign language must be accompanied by Georgian text. However, it remains unclear whether these restrictions extend to online advertising.
Coverage Horizontal