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KYRGYZ REPUBLIC

Since April 2022, last amended in August 2023

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Law of the Kyrgyz Republic No. 27 on Public Procurement (№ 27 «Мамлекеттик сатып алуулар жөнүндө» Кыргыз Республикасынын Мыйзамы)
Art. 4.3 of Law No. 27 stipulates that, to safeguard the domestic market of the Kyrgyz Republic, foster national economic development, and support local producers, the Cabinet of Ministers may implement preferences for goods of Kyrgyz origin in public tenders. Additionally, the Cabinet has the authority to impose bans or restrictions on the admission of goods from foreign countries.
Coverage Horizontal

KYRGYZ REPUBLIC

Reported in 2022

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Limitations for foreign bidders in public tenders
While procurement of goods and services for projects financed by international donors is announced through common international channels of tender information, it is reported that some government actions occur outside of regularized procurement channels. In some cases, tenders are announced only one or two days prior to the bidding deadline. In such instances, it is reported that insider knowledge provides advantages to well-connected companies. Foreign firms bidding on government tenders may need to provide notarized documents translated into Russian, and in some instances hard copies are required.
Coverage Horizontal

KYRGYZ REPUBLIC

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)
The Kyrgyz Republic is not a party to the World Trade organization (WTO) Agreement on Government Procurement (GPA). However, it has observer status since October 1999.
Coverage Horizontal

KUWAIT

Since November 2007

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
Gulf Technical Regulation for Low Voltage Electrical Equipment and Appliances – BD-142004-01
(اللائحة الفنية الخليجية للأجهزة والمعدات الكهربائية منخفضة الجهد (-142004-01BD))
According to the GSO Technical Regulation for Low Voltage Electrical Equipment and Appliances – BD-142004-01, which includes an amendment and an update of the first edition, number (BD07070503) was implemented in 2007. Electrical appliances designed to be used in a certain rated voltage range must be sold bearing the G mark after being certified by the GCC Notified Body.
Products that fall under List 1 under the Regulation are low-risk; thus, a self-declaration form prepared by the manufacturer can be made by affixing the “G” before placing the product on the market. Products that fall under List 2 are higher-risk electrical products, which will undergo mandatory Type testing and review of the product's Technical File to verify conformity before authorisation is granted to affix the “G” mark before placing the product onto the market.
However, for List 2 products, manufacturers must choose a single Notified Body (NB) entity to examine the technical design of a product and verify that the technical design of the product meets the requirements of the applicable Gulf Technical Regulations and for the issuance of an evaluation report with a Gulf Type Examination certificate and shall be issued a certificate from the NB.
Coverage Electrical goods

KUWAIT

Since March 2023

Pillar Online sales and transactions  |  Sub-pillar Restrictions on online payments
Resolution No. 45/471 of 2023 Promulgating the Instructions Regulating the Electronic Payment of Funds
According to Resolution No. 45/471 of 2023, which promulgates the Instructions Regulating the Electronic Payment of Funds, E-Payment Service Providers (EPSPs) must register and obtain approval from the Commercial Bank of Kuwait (CBK) before commencing operations. The registry includes various minimum capital requirements based on the EPSP classification, which range from KWD 50,000 (approx. USD 162,000) to KWD 250,000 (approx. USD 810,000). These requirements were already mandated under the Resolution No. 44/430 of 2018 of the Central Bank of Kuwait, which has now been repealed by this new resolution.
Coverage E-payment providers

KUWAIT

Reported in 2024

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
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 KWD 100 (approx. USD 320).
Coverage Horizontal

KUWAIT

N/A

Pillar Online sales and transactions  |  Sub-pillar Restrictions on domain names
Domain Registration Policy
Under the Domain Registration Policy, the ".com.KW" domain name selected must match a part of the registered company name or, alternatively, a registered trademark. The trademark can be from any country and does not need to be valid for Kuwait. As is the case with other third-level domains (domain registrations are at the third level beneath these names: "com.KW", "net.KW", "org.KW"), a local administrative contact is required. If a company holds a matching trademark from anywhere in the world or orders one through a fast-track trademark service, only a local administrative contact is required.
Coverage Horizontal

KUWAIT

N/A

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Decision No. 48 of the Executive Regulations of Law No. 20 of 2014 Regarding Electronic Transactions
(قرار رقم 48 باللائحة التنفيذية للقانون رقم 20 لسنة 2014 في شان المعاملات الالكترونية)
Kuwait has a legal framework that applies consumer protection to online transactions. Art. 2 of Law No. 20 of 2014 regarding Electronic Transactions provides for the scope of its application, which includes electronic records, messages, information, documents and signatures related to civil, commercial and administrative transactions and to any disputes arising from or in connection with their use, unless the parties agreed otherwise, or another law applies.
Coverage Horizontal

KUWAIT

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
Kuwait has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

KUWAIT

Since 2014

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
Kuwait 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

KUWAIT

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
Kuwait 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

KUWAIT

Since February 1977

Pillar Content access  |  Sub-pillar Restrictions on online advertising
Decree Regulating Advertisement in Public Places
Under the Decree Regulating Advertisement in Public Places issued in February 1977, written advertisements and signs for public shops, in their various types, must be in Arabic. A translation in a foreign language can be added to the advertisement, provided that the largest part of the advertisement is allocated for writing in Arabic. The regulation applies to digital advertising as it defines advertising as "every means used to announce to the public or a group of people information about a certain commodity, commercial or industrial product or apparatus, machinery, commercial or industrial business, trade or profession, or any public or private service."
In addition, entities must obtain a permit to provide advertisement from the Municipality; for this, it is required to submit the documents confirming the approval of the other competent authorities and pay for insurance to be assessed by the Municipality. The permit indicates its validity period and the beneficiary's name, and it is not transferable.
Coverage Advertising sector

KUWAIT

Since February 2016

Pillar Content access  |  Sub-pillar Licensing schemes for digital services and applications
Law No. 8 of 2016 regarding the regulation of electronic media
Law No. 8 of 2016 regulates all web-based publications, including electronic news services, bulletins, newspapers and television websites, and the like, as well as social media. Under the legislation, all these services must obtain a license from the government before they can operate. Those in existence had one year to comply with the law. According to Art. 1 of the law, electronic media is defined as any activity which includes the publication or transmission of materials, activities or media services of electronic content that are produced, developed, updated, circulated, transmitted, published or penetrating through the international information net (the internet) or any other communications net.
Coverage Web-based publications including electronic news services, bulletins, websites of newspapers and televisions and the likes as well as social media

KUWAIT

Since November 1964

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Import Law No. 43 of 1964
Art. 1 of Law No. 43, which requires a licence for the importation of all goods, states that the right to import goods, materials and equipment is limited to Kuwaiti citizens; Kuwaiti partnerships if all partners are Kuwaiti citizens; joint stock and limited liability companies if Kuwaitis hold 51% or more of the total capital.
Coverage Horizontal

KUWAIT

Since April 2021

Pillar Cross-border data policies  |  Sub-pillar Conditional flow regime
Data Privacy Protection Regulation, No. 42 of 2021
(الهيئة العامة للاتصالات وتقنية المعلومات قرار رقم 42 لسنة 2021 بشان لائحة حماية خصوصية البيانات)
The Data Privacy Protection Regulation of 2021 broadly defines "data collection and processing" as well as the transmission of data. Data processing, and therefore also data transfer across borders, is lawful under limited circumstances, including with the consent of the data subject or in case of necessity to comply with a legal obligation (Art. 5). Firms shall notify data subjects if their data is transferred abroad (Art. 6.10), also providing information about how long and where data will be stored overseas (Art. 6.8). The Regulation is not applicable to security agencies.
Coverage Telecommunication services providers and related industry sectors

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