BOLIVIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Presence of independent telecom authority
The "Autoridad de Regulación y Fiscalización de Telecomunicaciones y Transportes" (ATT), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20240630160621/http://www.aaps.gob.bo/images/MarcoLegal/DecretoSupremo/DS071.pdf
- https://web.archive.org/web/20230326192804/https://www.att.gob.bo/
- https://web.archive.org/web/20250308180045/https://datahub.itu.int/data/?i=100088&s=3109&e=BOL
- https://web.archive.org/web/20260128183354/https://app.gen5.digital/tracker/country-cards/Bolivia%20(Plurinational%20State%20of)
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BOLIVIA
Since January 2025
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
Implementation Plan for Free Software and Open Standards (Plan de Implementación de Software Libre y Estándares Abiertos)
Section 4.4 of the Implementation Plan for Free Software and Open Standards stipulates that public entities are prohibited from storing the State’s “non‑public” data on servers located outside the national territory. Such data must be held exclusively within the technological infrastructure of public institutions or through State‑operated cloud services, and in all cases within the country’s borders. In contrast, public entities may use open platforms for the management of public data, provided that local backups are maintained within the State's technological infrastructure to ensure continued accessibility and long‑term preservation.
Coverage Public sector
BOLIVIA
N/A
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Bolivia has not joined any free trade agreement committing to open transfers of cross-border data flows.
Coverage Horizontal
BOLIVIA
N/A
Pillar Domestic data policies |
Indicator Framework for data protection
Lack of comprehensive legal framework for data protection
Bolivia has not implemented a comprehensive data protection law. However, personal data is regulated in certain sectoral laws, including:
- the General Law of Telecommunications, Information, and Communication Technologies;
- the General Law on Consumer Rights (Art. 40);
- the Financial Services Law (Art. 475);
- the Digital Citizenship Law (Art. 12).
- the General Law of Telecommunications, Information, and Communication Technologies;
- the General Law on Consumer Rights (Art. 40);
- the Financial Services Law (Art. 475);
- the Digital Citizenship Law (Art. 12).
Coverage Horizontal
BOLIVIA
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
It is reported that a basic legal framework on intermediary liability for copyright infringement is absent in Bolivia's law and jurisprudence.
Coverage Internet intermediaries
BOLIVIA
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
It is reported that a basic legal framework on intermediary liability beyond copyright infringement is absent in Bolivia's law and jurisprudence.
Coverage Internet intermediaries
BOLIVIA
Since November 2009
Pillar Intermediary liability |
Indicator User identity requirement
Supreme Decree No. 353 (Decreto Supremo No. 0353)
Art. 5 of Supreme Decree No. 353 provides that owners of mobile terminal equipment, as well as account holders, must register in the Registers referred to in Art. 4 either by electronic means (including websites, SMS, email, and similar channels) or by appearing in person at the offices of their service provider, and that where registration is carried out electronically, information relating to personal identity shall be verified against other public registers; Art. 4 further provides that these Registers shall contain, in the case of the Register of Ownership of Mobile Terminal Equipment, the name of the owner, the number of the personal identification document, and the International Mobile Equipment Identity (IMEI) code or its equivalent, and, in the case of the Nominal Register of Account Holders, the name of the account holder, the number of the personal identification document, and the telephone number.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20250215172338/https://www.att.gob.bo/sites/default/files/archivos_listados_pdf/2024-08-28/DECRETO%20SUPREMO%20353%20REGISTRO%20DE%20IMEIs.pdf
- https://web.archive.org/web/20210127194622/https://www.att.gob.bo/content/att-comunica-los-nuevos-usuarios-de-telefon%C3%ADa-m%C3%B3vil-que-al-momento-de-comprar-nuevas-sim
BOLIVIA
Since September 2014
Since October 2014
Since October 2014
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Bi-Ministerial Resolution No. 007
Regulatory Administrative Resolution ATT-DJ-RA-TL-LP No. 1833/2014
Regulatory Administrative Resolution ATT-DJ-RA-TL-LP No. 1833/2014
According to Bi-Ministerial Resolution No. 007, prior import authorisation is required for radar apparatus, other radio-navigation apparatus and radio remote-control apparatus under HS heading 8526, specifically national tariff subheadings 8526.10.00.00, 8526.91.00.90 and 8526.92.00.00. Under Arts. 7 and 9 of Regulatory Administrative Resolution ATT-DJ-RA-TL-LP No. 1833/2014, the authorisation must be obtained before shipment and is issued individually by the Telecommunications and Transport Regulation and Oversight Authority (ATT), following verification of the required documentation and submission of a valid ATT type-approval certificate.
Coverage Radio navigation equipment
BOLIVIA
Since October 2012
Since November 2024
Since November 2024
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Supreme Decree No. 1391 - General Regulation to the Telecommunications and Information and Communication (Decreto Supremo No. 1391 - Reglamento General de Telecomunicaciones e Información y Comunicación)
Regulatory Administrative Resolution ATT‑DJ‑RAR‑TL LP 539/2024 – Guidelines for the Registration and Approval of Telecommunications and ICT Equipment (Resolución Administrativa Regulatoria ATT‑DJ‑RAR‑TL LP 539/2024 – Instructivo para el Registro y Homologación de Equipos de Telecomunicaciones y TIC)
Regulatory Administrative Resolution ATT‑DJ‑RAR‑TL LP 539/2024 – Guidelines for the Registration and Approval of Telecommunications and ICT Equipment (Resolución Administrativa Regulatoria ATT‑DJ‑RAR‑TL LP 539/2024 – Instructivo para el Registro y Homologación de Equipos de Telecomunicaciones y TIC)
According to Arts. 14-15 of the Supreme Decree 1391, a homologation process is needed for telecom products, which requires an administrative resolution by the "Autoridad de Regulación y Fiscalización de Telecomunicaciones y Transportes" (Regulatory Authority for Telecommunications and Transportation, ATT). Moreover, Art. 16 states that the importation of telecom equipment and antennas used for satellite reception requires prior authorisation from the ATT. It is reported that the products that require approval include: modems, wireless telephones, transceiver terminals, equipment for television broadcasting, equipment for sound broadcasting, equipment for Earth stations, power amplifiers for radio frequency, transceivers and transmitters switching stations, equipment for data networks, multiplexers, and optical line terminal equipment.
Art. 14 of the "Guidelines for the Registration and Approval of Telecommunications and ICT Equipment" stipulates that, for the homologation of any telecommunications or ICT device, terminal or equipment, the applicant must submit to the ATT, among other requirements, the following documents: a certificate of conformity for the equipment subject to homologation, issued by an international body recognised by the ATT, and laboratory test reports relating to the equipment to be approved.
Art. 14 of the "Guidelines for the Registration and Approval of Telecommunications and ICT Equipment" stipulates that, for the homologation of any telecommunications or ICT device, terminal or equipment, the applicant must submit to the ATT, among other requirements, the following documents: a certificate of conformity for the equipment subject to homologation, issued by an international body recognised by the ATT, and laboratory test reports relating to the equipment to be approved.
Coverage Telecom and ICT devices, terminals and equipment
Sources
- https://web.archive.org/web/20260129193538/https://www.att.gob.bo/sites/default/files/archivos_portada/2024-12/ATT-DJ-RAR-TL%20LP%20539_2024.PDF
- https://web.archive.org/web/20220308090550/https://att.gob.bo/sites/default/files/archivosvarios/Decreto%20Supremo%201391%20Reglamento%20General%20a%20la%20Ley%20164%20de%20Telecomunicaciones%20y%20Te...
- http://web.archive.org/web/20260210021913/https://www.larcg.com/where-we-work/bolivia/
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BOLIVIA
Since June 2009, last amended in January 2023
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Supreme Decree No. 0181 on the Basic Standards of the Goods and Services Administration System (Decreto Supremo No. 0181 - Normas Básicas del Sistema de Administración de Bienes y Servicios)
Art. 30 of Supreme Decree No. 0181 establishes that, for goods, specific preference margins and numerical adjustment factors shall apply according to the procurement modality: under the Support for National Production and Employment (ANPE) scheme, a 10% preference margin is granted for goods produced domestically regardless of input origin, with an adjustment factor of 0.90; a 25% margin applies where nationally sourced components (raw materials and labour) constitute between 30% and 50% of the gross production cost, with an adjustment factor of 0.75; and a 35% margin applies where such components exceed 50%, with an adjustment factor of 0.65. In the case of public tendering, a 10% preference margin is likewise applied to domestically produced goods regardless of input origin, with an adjustment factor of 0.90; a 20% margin applies where national components represent between 30% and 50% of the gross production cost, with an adjustment factor of 0.80; and a 30% margin applies where national components exceed 50%, with an adjustment factor of 0.70.
Coverage Horizontal
BOLIVIA
Since May 2008
Since April 2014
Since April 2014
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Supreme Decree No. 29544 (Decreto Supremo No. 29544)
Law No. 516 on Investment Promotion (Ley No. 516 de Promoción de Inversiones)
Law No. 516 on Investment Promotion (Ley No. 516 de Promoción de Inversiones)
According to the Supreme Decree No. 29544, the State of Bolivia nationalised the share package held by the company ETI EURO TELECOM INTERNATIONAL NV in Empresa Nacional de Telecomunicaciones Sociedad Anónima - ENTEL S.A.A. The Bolivian State owns 97.5% of the shares of ENTEL, while the other 2.5% is owned by minority shareholders. In addition, according to Art. 19 of Law No. 516, assets and investments recovered as a result of the nationalisation processes carried out by the State may not be privatised under any modality.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20170818105959/https://www.lexivox.org/norms/BO-DS-29544.html
- https://institucional.entel.bo/inicio3.0/files/institucional/memorias_institucional/Memoria%20Anual%20Entel%20(2020).pdf
- https://institucional.entel.bo/inicio3.0/index.php/presentacion1/historia#:~:text=El%201ro%20de%20mayo%20de,suscritos%20con%20clientes%20y%20proveedores.
- https://www.wipo.int/wipolex/en/text/337477
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BOLIVIA
Since June 2009, last amended in January 2023
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Supreme Decree No. 0181 on the Basic Standards of the Goods and Services Administration System (Decreto Supremo No. 0181 - Normas Básicas del Sistema de Administración de Bienes y Servicios)
Art. 31 of Supreme Decree No. 0181 stipulates that, in the procurement of goods and services through public tender procedures and the Support for National Production and Employment (ANPE) modality, a preference margin of 20% shall be applied to the bid price submitted by micro‑ and small‑sized enterprises, associations of small-scale urban and rural producers, peasant economic organisations, and artisans. The numerical adjustment factor applicable in such cases shall be 0.80. In addition, these entities may also benefit from the preference margins established under Art. 30.
Coverage Horizontal
BOLIVIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
The country does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, according to Art. 45 of the General Telecommunications, Information, and Communication Technologies Law, accounting separation is mandated since 2011.
Coverage Telecommunications sector
BOLIVIA
Since June 2009, as amended in May 2018, last amended in January 2023
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Supreme Decree No. 0181 on the Basic Standards of the Goods and Services Administration System (Decreto Supremo No. 0181 - Normas Básicas del Sistema de Administración de Bienes y Servicios)
Art. 87 Bis of Supreme Decree No. 0181 stipulates that, where a contract is awarded to a foreign bidder, the latter shall be required to subcontract national enterprises, provided that such enterprises are available within the domestic market
Coverage Horizontal
BOLIVIA
Reported in 2012, last reported in 2025
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Reported lack of transparency in public procurement
It is reported that Bolivia’s public tendering process is nontransparent and acts as a barrier to participation. Government requirements and the details of tenders are not always clearly defined, and procurement notices are not always made public. Concerns have also been raised that certain state-owned companies are not required to publish their tenders through the official procurement system or to follow the procedures established under the national public procurement framework.
Coverage Horizontal
Sources
- https://ustr.gov/sites/default/files/files/Press/Reports/2025NTE.pdf
- https://bti-project.org/en/reports/country-report/BOL
- https://ustr.gov/sites/default/files/files/Press/Reports/2018%20National%20Trade%20Estimate%20Report.pdf
- https://ustr.gov/sites/default/files/NTE%20Final%20Printed_0.pdf
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