TAIWAN
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 coverage of CPC 754 in the WTO Government Procurement Agreement (GPA)
Although Taiwan is a signatory to the WTO Government Procurement Agreement (GPA), its coverage schedules do not include "telecommunications-related services" (CPC 754), which is an important service sector for digital trade.
Coverage Telecommunications related services
TAIWAN
Since June 2019, last amended in June 2023
Since October 1958, last amended in December 2013
Since October 1958, last amended in December 2013
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Telecommunications Management Act (電信管理法)
Telecommunications Act (電信法)
Telecommunications Act (電信法)
According to Art. 36 of the Telecommunications Management Act (2020), a foreigner may not own more than 49% of the shares of a facility-based telecommunication company. Furthermore, a foreigner may not own more than 60% of such shares in the sum of direct and indirect shareholding (e.g., by setting up a Taiwanese company). This only applies to Type I telecom enterprises. According to Art. 11 of the Telecommunications Act, telecommunications enterprises are classified into Type I telecommunications enterprises, which install telecommunications line facilities and equipment in order to provide telecommunications services, and Type II telecommunications enterprises, which include all other telecom providers.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20221002194123/https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=K0060111
- https://web.archive.org/web/20231003071428/https://iclg.com/practice-areas/telecoms-media-and-internet-laws-and-regulations/taiwan
- https://web.archive.org/web/20230930141135/https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=K0060001
- https://web.archive.org/web/20240413044510/https://www.wto.org/english/tratop_e/tpr_e/s448_e.pdf
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TAIWAN
Since February 1999, last amended in May 2022
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Satellite Broadcasting Act (衛星廣播電視法)
Art. 4 of the Satellite Broadcasting Act states that foreigners may not own more than 50% of the total shares issued by providers of satellite broadcasting services. Key definitions relevant to this provision are outlined in Art. 2 as follows:
- Satellite broadcasting: refers to the transmission of sound or visual signals, via satellite, for audio and visual reception by the public;
- Satellite broadcasting business: refers to a direct satellite broadcasting service operator or a satellite broadcasting program supplier;
- Direct satellite broadcasting service operator: refers to a business which uses its own or others' facilities to provide satellite broadcasting services and directly charge subscribers for the service;
- Satellite broadcasting program supplier: refers to a legal entity which transmits programs or advertisements, via satellite, to public audio and visual broadcasting platform with its own transponders or channels or those rented from satellite transponder operators.
- Satellite broadcasting: refers to the transmission of sound or visual signals, via satellite, for audio and visual reception by the public;
- Satellite broadcasting business: refers to a direct satellite broadcasting service operator or a satellite broadcasting program supplier;
- Direct satellite broadcasting service operator: refers to a business which uses its own or others' facilities to provide satellite broadcasting services and directly charge subscribers for the service;
- Satellite broadcasting program supplier: refers to a legal entity which transmits programs or advertisements, via satellite, to public audio and visual broadcasting platform with its own transponders or channels or those rented from satellite transponder operators.
Coverage Satellite broadcasting
TAIWAN
Since July 1954, last amended in November 1997
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Statute for Investment by Foreign Nationals
Under the Statute for Investment by Foreign Nationals, all foreign investments must receive approval from the Investment Commission (IC) of the Ministry of Economic Affairs (Art. 8). Foreign investment, as defined by the Statute, includes: (a) holding shares issued by a Taiwanese company or contributing to its capital assets, (b) establishing a branch office in Taiwan, or (c) providing a loan to the invested enterprise in cases of (a) or (b) for more than one year (Art. 4).
According to Art. 7 of the Statute, foreign investment is prohibited in industries that may threaten national security, public order, good customs and practices, or public health, as well as in sectors listed on the negative list. Prohibited industries include radio broadcasting and the radio-television sector.
In contrast, foreign investment in restricted industries must be approved by the IC under Art. 8 of the Statute. Restricted sectors include satellite television broadcasting. It has been reported that "regulatory and legislative scrutiny of select investments, on grounds unrelated to national security, contributes to ongoing concerns about the predictability of Taiwan's investment approval procedures.
According to Art. 7 of the Statute, foreign investment is prohibited in industries that may threaten national security, public order, good customs and practices, or public health, as well as in sectors listed on the negative list. Prohibited industries include radio broadcasting and the radio-television sector.
In contrast, foreign investment in restricted industries must be approved by the IC under Art. 8 of the Statute. Restricted sectors include satellite television broadcasting. It has been reported that "regulatory and legislative scrutiny of select investments, on grounds unrelated to national security, contributes to ongoing concerns about the predictability of Taiwan's investment approval procedures.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230325212002/https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=J0040002
- https://web.archive.org/web/20231211051010/https://www.moeaic.gov.tw/businessPub.view?lang=en&op_id_one=1
- https://uk.practicallaw.thomsonreuters.com/2-500-5464?transitionType=Default&contextData=(sc.Default)&firstPage=true
- https://web.archive.org/web/20231108030000/https://ustr.gov/sites/default/files/files/reports/2021/2021NTE.pdf
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SURINAME
Since October 2009
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
Terms and Conditions .SR-Domain Names 2009 (Deze Algemene Voorwaarden .SR-domeinnamen ziin 2009)
According to the Art. 3.3 of the Terms and Conditions ".SR" domain names of 2009, domain name applicants who do not reside or are not domiciled in Suriname shall designate an address in Suriname where written documents can be delivered to the domain name applicant and summons, if any, can be issued.
Coverage Horizontal
SURINAME
Since September 2017
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Electronic Legal Transactions Act 2017 (Wet Elektronisch Rechtsverkeer 2017)
The Electronic Legal Transactions Act 2017 provides a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal
SURINAME
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
Suriname has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
SURINAME
Since 2017
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Suriname 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
SURINAME
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
Suriname 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
SURINAME
Reported in 2022, last reported in 2023
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
Restrictions for imports and exports
It is reported that in February 2021, the Foreign Exchange Commission implemented measures concerning exchange rate policy. These include a requirement for exporters to repatriate earned export revenues to Suriname, necessitating that buyers abroad make payments through a Surinamese commercial bank. Additionally, exporters and foreign exchange offices are mandated to convert 30% of their foreign currency income into Surinamese Dollars (SRD). For imports, the new regulations stipulate that payments must also be made through Surinamese commercial banks.
Coverage Imports and exports
SURINAME
Reported in 2022, last reported in 2023
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Suriname does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal
SURINAME
Since September 2017
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for copyright infringement
Electronic Legal Transactions Act 2017 (Wet Elektronisch Rechtsverkeer 2017)
The Electronic Legal Transactions Act 2017 establishes a safe harbour regime for intermediaries for copyright infringements.
According to Art. 44.2, an intermediary or provider shall not be liable to third parties, including those on whose behalf it provides services in respect of information contained in a data message or electronic record, for actions which, in the exercise of the powers provided for in this Article, it takes in good faith. In addition, under Art. 44.1 if an intermediary or provider has acquired actual knowledge of information or record in electronic form or of a data message that could give rise to civil or criminal liability, it shall remove the relevant information from public access and secure it in any information system as soon as practicable after becoming aware of it. Furthermore, according to Art. 45, an intermediary or provider who only provides a transmission line for data messages, recordings or information in electronic form shall not be liable for the content of such data messages, recordings, or information if the intermediary or provider has no actual knowledge of the material on the network.
According to Art. 44.2, an intermediary or provider shall not be liable to third parties, including those on whose behalf it provides services in respect of information contained in a data message or electronic record, for actions which, in the exercise of the powers provided for in this Article, it takes in good faith. In addition, under Art. 44.1 if an intermediary or provider has acquired actual knowledge of information or record in electronic form or of a data message that could give rise to civil or criminal liability, it shall remove the relevant information from public access and secure it in any information system as soon as practicable after becoming aware of it. Furthermore, according to Art. 45, an intermediary or provider who only provides a transmission line for data messages, recordings or information in electronic form shall not be liable for the content of such data messages, recordings, or information if the intermediary or provider has no actual knowledge of the material on the network.
Coverage Internet intermediaries
SURINAME
Since September 2017
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Electronic Legal Transactions Act 2017 (Wet Elektronisch Rechtsverkeer 2017)
The Electronic Legal Transactions Act 2017 establishes a safe harbour regime for intermediaries beyond copyright infringements. According to Art. 44.2, an intermediary or provider shall not be liable to third parties, including those on whose behalf it provides services in respect of information contained in a data message or electronic record, for actions which, in the exercise of the powers provided for in this Article, it takes in good faith. In addition, under Art. 44.1 if an intermediary or provider has acquired actual knowledge of information or record in electronic form or of a data message that could give rise to civil or criminal liability, it shall remove the relevant information from public access and secure it in any information system as soon as practicable after becoming aware of it. Furthermore, according to Art. 45, an intermediary or provider who only provides a transmission line for data messages, recordings or information in electronic form shall not be liable for the content of such data messages, recordings, or information if the intermediary or provider has no actual knowledge of the material on the network.
Coverage Internet intermediaries
SURINAME
Since March 2007
Pillar Intermediary liability |
Sub-pillar User identity requirement
Telecommunication Facilities Act 2007, Decree Number Plan (Wet Telecommunicatievoorzieningen 2007, Besluit Nummerplan)
In accordance with the provisions delineated within the Telecommunication Facilities Act 2007, any individual seeking possession of a SIM card must duly furnish authentic and current forms of identification at the juncture of said acquisition. For non-native citizens, the admissible form of identification encompasses the presentation of their valid passports.
Coverage Telecommunications sector
SURINAME
Since March 2007
N/A
N/A
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Self-certification for product safety
Decree Low Assets equipment 2007 (Besluit Laag Vermogen Apparatuur 2007)
Directive for the certification of radio devices
Directive for the certification of radio devices
According to Arts. 2-4 of the Decree Low Assets Equipment, the TAS (Telecommunications Authority of Suriname) is responsible for issuing permits to have, construct, use, exploit and transmission of electronic equipment. However, the Conformity Assessment Systems in the Republic of Suriname recognise both European (EU) and American (FCC) Standards in accordance with the ISO/IEC 17050-1: 2004 in order to facilitate easy market access. It is reported that the homologation procedure in Suriname requires neither any local laboratory testing nor local representative contact and no additional requirements concerning product labelling have been established by law.
According to the Directive for the certification of radio devices, the following reports must be submitted to proceed with the application for license to the TAS (Telecommunication Authority of Suriname): RF test report and EMC test.
According to the Directive for the certification of radio devices, the following reports must be submitted to proceed with the application for license to the TAS (Telecommunication Authority of Suriname): RF test report and EMC test.
Coverage Electronic products
Sources
- https://web.archive.org/web/20201029160005/https://www.tas.sr/media/1098/sbno29.pdf
- https://web.archive.org/web/20230327190702/https://ib-lenhardt.com/type-approval/suriname
- https://web.archive.org/web/20200923165633/https://www.certvalue.com/iso-certification-in-suriname/
- https://web.archive.org/web/20210518232753/https://www.tas.sr/media/1167/procedure-type-approval-eng.pdf
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