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SOMALIA

Since November 2015

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Foreign Investment Law of 2015 (Sharciga Maalgashiga Shisheeye)
According to the 2015 Foreign Investment Law, all foreign investors are required to obtain a certificate from the Foreign Investment Board in order to invest in the country. Pursuant to Art. 8, foreign investors must complete the investment application form at the Ministry of National Planning and submit it by registered mail to the Foreign Investment Board. As provided in Art. 9, the Board must notify the applicant of its decision within sixty days of receiving a complete application, and any approval is formalised through the issuance of a foreign investment certificate, which is valid for 24 months from the date of issuance.
Coverage Horizontal
"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 = 'SO')\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":"103391"},{"post_id":"103392"},{"post_id":"103393"}]
"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 = 'SO')\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 = 'SO')\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"}]

SOMALIA

ITA signatory? I II

SOMALIA

N/A

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator 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)
Somalia is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II). Somalia is not a member of the WTO but holds observer status.
Coverage ICT goods

SOMALIA

Since December 2015

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Public Procurement, Concessions and Disposals Law of 2015
Art. 34 of the Public Procurement, Concessions and Disposal Act establishes a margin of domestic preference. A Procuring Entity may grant a margin of domestic preference in the evaluation of bids under open competitive bidding to (a) Bids offering goods that are manufactured, mined, extracted, or grown in the Federal Republic of Somalia when compared to bids offering goods manufactured, mined, extracted or grown in a foreign country; and (b) Bids by domestic contractors when compared to bids offered by foreign contractors. The margin of domestic preference shall be 15% for goods and 10% for contractors, which shall be stated in the bidding documents.
When there is an interest in the development of a target group of providers, a community, or a sub-sector of the economy, the Procuring Entity may decide to limit participation by applying a preference scheme in its procurement proceedings.
Coverage Horizontal

SLOVENIA

Since June 2014
Since March 1998

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU

Consumer Protection Act (Zakon o varstvu potrošnikov (ZVPot))
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Consumer Protection Act.
Coverage Horizontal

SLOVENIA

N/A

Pillar Online sales and transactions  |  Indicator Ratification of the 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
Slovenia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

SLOVENIA

Since 2000

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Slovenia 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

SLOVENIA

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Slovenia 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

SLOVENIA

Since July 2000
Since June 2006, last amended in February 2023

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)

Electronic Commerce Market Act (Zakon o elektronskem poslovanju na trgu (ZEPT))
The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbour. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level.
The Electronic Commerce Market Act provides for a safe harbour regime for information society service providers, following the e-Commerce Directive. In this line, liability exemptions are provided for the following cases:
- Mere conduit (Article 9)
- Caching (Art. 10); and
- Hosting providers (Art. 11).
Coverage Horizontal

SLOVENIA

Since July 2000
Since June 2006, last amended in February 2023

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (E-Commerce Directive)

Electronic Commerce Market Act (Zakon o elektronskem poslovanju na trgu (ZEPT))
The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbour. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level.
The Electronic Commerce Market Act provides for a safe harbour regime for information society service providers, following the e-Commerce Directive. In this line, liability exemptions are provided for the following cases:
- Mere conduit (Article 9)
- Caching (Art. 10); and
- Hosting providers (Art. 11).
Coverage Horizontal

SLOVENIA

Since March 2010, entry into force in May 2010, last amended in 2018
Since November 2011, as amended in December 2021

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Local content requirements (LCRs) on ICT goods for the commercial market
EU Directive on Audiovisual Media Services (AVMS)

Act on Audiovisual Media Services (ZAvMS) (Zakon o avdiovizualnih medijskih storitvah (ZAvMS))
The EU Directive on Audiovisual Media Services (AVMS) covers traditional broadcasting services as well as audiovisual media services provided on-demand, including via the Internet. Art. 13.1 provides for Member States to secure a minimum 30% share of European works in the catalogues as well as "ensuring prominence" of those works. "Prominence" involves promoting European works by facilitating access to such works using any appropriate means to ensure their prominence. The Directive has been implemented by Member States in different ways, ranging from very extensive and detailed measures to a mere reference to the general obligation to promote European works.
In Slovenia, the EU Directive was transposed into domestic law through the amendment of the Act on Audiovisual Media Services of December 2021 (Act on Amendments to the Act on Audiovisual Media Services (ZAvMS-B)). According to Art. 16.2 of the Act, at least 30% of the works in the programme catalogue of an on-demand audiovisual media service provider in a given calendar year must consist of European audiovisual works. In addition, Slovenian audiovisual works must make up at least 5% of the total works in the catalogue. For these calculations, individual works are defined as feature films, complete seasons of television series, and similar content.
The guidelines issued by the Commission on the calculation of the share of European works in on-demand catalogues must be followed when determining these quotas. Furthermore, as stipulated in Art. 16.5, news, sports events (live or recorded), games, advertising, teleshopping, and teletext services are excluded from the programme catalogue calculation. Slovenia has not imposed financial contribution obligations on VOD service providers.
Coverage On-demand audiovisual service

SLOVENIA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The government of Slovenia owns 62.54% of Telekom Slovenije, the major incumbent telecommunications operator. State-owned entities Kapitalska druzba (KAD) and Slovenian Sovereign Holding (SDH) respectively hold a further 5.59% and 4.25% in Telekom Slovenije.
Coverage Telecommunications sector

SLOVENIA

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
It is reported that Slovenia does not mandate functional separation for operators with significant market power in the telecom sector. However, accounting separation is required in certain cases. According to Art. 25 of the Electronic Communications Act, the Agency may impose an obligation on a specific network operator with significant market power to keep accounting records in relation to specified activities relating to interconnection and/or operator access separate from accounting records for other activities.
Coverage Telecommunications sector

SLOVENIA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Agency for Communication Networks and Services of the Republic of Slovenia (AKOS), 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

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