ERITREA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Lack of comprehensive regulation on trade secrets
The country does not have a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. The Penal Code of the State of Eritrea discusses “Fraudulent Unfair Competition” in its Art. 359, penalizing the acts of misappropriating others' “secret of manufacture, organization or process” and misusing it in a “manner contrary to good faith”, with imprisonment between one and three years.
Coverage Horizontal
ERITREA
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
It is reported that there is no obligation for passive infrastructure sharing in Eritrea to deliver telecom services to end users, and it is not practiced in the mobile sector and in the fixed sector based on commercial agreements.
Coverage Telecommunications sector
ERITREA
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)
7.52%
Coverage rate of zero-tariffs on ICT goods (%)
0%
Coverage: Digital goods
ERITREA
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 Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Eritrea is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
ERITREA
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Lack of public procurement law
Eritrea does not have legislation specifically regulating public procurement, resulting in a lack of transparency in this area.
Coverage Horizontal
ERITREA
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)
Eritrea is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal
ERITREA
Reported in 2022, last reported in 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Reported ban on foreign investment in most sectors
Art. 5 of the Investment Proclamation No. 59/1994 states that all sectors are open to any investors, with the exception of domestic retail, domestic wholesale, import, and commission agency companies, which are excluded unless there is a bilateral agreement of reciprocity. Yet, it is reported that in practice, this law has been suspended and the ruling Peoples Front for Democracy and Justice (PFDJ) determines the sectors in which private investment is accepted and defines the terms under which it is permitted. As a result, investment is de facto prohibited in most sectors of the economy, with the exception of mining. It has also been reported that the majority of large enterprises are either wholly or partially owned by the government or the PFDJ.
Coverage Horizontal
Sources
- https://www.state.gov/reports/2023-investment-climate-statements/eritrea/
- https://www.state.gov/reports/2022-investment-climate-statements/eritrea/
- https://investmentpolicy.unctad.org/investment-laws/laws/255/print/3
- https://tile.loc.gov/storage-services/service/ll/lleritrea/eritrean-proc-59-1994/eritrean-proc-59-1994.pdf
- Show more...
CANADA
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
Canada 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
CANADA
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
Canada has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
CANADA
Since 2019
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Canada 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
CANADA
National legislation last modified in December 2021
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Federal consumer protection legislation
While specific complaints for the trade of goods and services fall under provincial and territorial jurisdiction, Canada maintains a national consumer protection legislative framework, which encompasses laws surrounding competition, product and user safety, environmental concerns, and financial regulations.
Coverage Horizontal
CANADA
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 15, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
CANADA
Since 2000
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
Canadian Presence Requirements for Registrants
Parties wishing to obtain a ".ca" domain name will need to satisfy the Canadian Internet Registration Authority's Canadian Presence Requirements, which reserves ".ca" domain names for Canadian citizens, permanent residents, companies incorporated in a Canadian jurisdiction, partnerships registered in Canada, and entities with Canadian trademarks. Domain names can be licensed to by the registrant either through a stand-alone licence agreement or as part of a larger transaction.
Coverage Horizontal
CANADA
Since 1988
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Self-certification for product safety
Canada Radio Act
Industry Canada (IC) establishes the compliance regulations for radios, digital devices and other unintentional radiators. Certification is required according to some typical emissions standards such as ICES-003 (ITE) and ICES-001 (ISM equipment). Some applications of digital devices are exempted from IC technical standards. In many cases, such exempted equipment falls under the jurisdiction of other authorities. Results from accredited laboratories in countries with which Canada has a Mutual Recognition Agreement (MRA) are accepted. Supplier’s Declaration of Conformity (SDoC) accepted within the telecommunications sector since 2002.
Coverage Digital devices
CANADA
Since 1985
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Self-certification for product safety
Radiocommunication Act and Radiocommunication Regulations
The Radiocommunication Act of 1985 requires a Technical Acceptance Certificate (TAC) for broadcasting transmitters, portable radio transmitters, digital scanner receivers, cellular phones, remote car alarms and starters, garage door openers, and wireless computer links. Testing in an accredited laboratory is obligatory. Recertification is required for any product changes, and demands the involvement of local authorities.
Coverage Broadcasting transmitters, portable radio transmitters, digital scanner receivers, cellular phones, wireless computer links