KUWAIT
Reported in 2021, last reported in 2025
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Lack of transparency in procurement process
It is reported that the often-lengthy procurement process in Kuwait occasionally results in accusations of attempted bribery or the offering of other inducements by bidders.
Coverage Horizontal
Sources
- https://ustr.gov/sites/default/files/files/reports/2021/2021NTE.pdf
- https://web.archive.org/web/20230331215014/https://ustr.gov/sites/default/files/2023-03/2023%20NTE%20Report.pdf
- https://web.archive.org/web/20230802065859/https://kw.usembassy.gov/wp-content/uploads/sites/157/2020-Investment-Climate-Statements.pdf
- https://www.state.gov/wp-content/uploads/2025/09/638719_2025-Kuwait-Investment-Climate-Statement.pdf
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KUWAIT
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the 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)
Kuwait is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
KUWAIT
Since October 1980, entry into force in February 1981
Since June 2013
Since February 2016, as amended in April 2017
Since June 2013
Since February 2016, as amended in April 2017
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Commercial Law No. 68 of 1980
مرسوم بالقانون رقم 68 لسنة 1980 بإصدار قانون التجارة
Law No. 116 of 2013 Regarding the Promotion of Direct Investment in the State of Kuwait
قانون رقم 116 لسنة 2013 في شأن تشجيع الاستثمار المباشر في دولة الكويت
Council of Ministers Law No. 15 of 2017 amending provisions of Law No. 1 of 2016 on the Promulgation of the Companies Law (قانون رقم (15) لسنة 2017 بتعديل بعض أحكام القانون رقم (1) لسنة 2016 بإصدار قانون الشركات
مرسوم بالقانون رقم 68 لسنة 1980 بإصدار قانون التجارة
Law No. 116 of 2013 Regarding the Promotion of Direct Investment in the State of Kuwait
قانون رقم 116 لسنة 2013 في شأن تشجيع الاستثمار المباشر في دولة الكويت
Council of Ministers Law No. 15 of 2017 amending provisions of Law No. 1 of 2016 on the Promulgation of the Companies Law (قانون رقم (15) لسنة 2017 بتعديل بعض أحكام القانون رقم (1) لسنة 2016 بإصدار قانون الشركات
Arts. 23 and 24 of Law No. 68 require foreign entities conducting business in Kuwait to do so either through a local agent or a Kuwaiti partner, which is typically facilitated through the establishment of a Kuwaiti company with Kuwaiti participants owning at least 51% of the share capital. An exception to these restrictions on foreign ownership is when the relevant Kuwaiti company is established and licensed under Law No. 116 (Art. 12), which allows for increased levels of foreign ownership (up to 100%). Law No. 116 permits the Kuwait Direct Investment Promotion Authority (KDIPA) to authorise, on a case-by-case basis, up to 100% foreign ownership in the following industries: communications infrastructure, information technology and software development, entertainment, and investment management, among others. Although a Kuwaiti or Gulf Cooperation Council (GCC) national must own at least 51% of any local company, this requirement may be waived if non-GCC investors qualify to invest through KDIPA. A 2017 amendment to the 2016 Companies Law eliminated prohibitive requirements on limited liability companies.
Coverage Horizontal
Sources
- https://www.wipo.int/wipolex/en/text/196499
- https://web.archive.org/web/20220121032233/https://e.kdipa.gov.kw/main/law1162013.pdf
- https://web.archive.org/web/20240302102440/https://kdipa.gov.kw/wp-content/uploads/2021/03/E012016.pdf
- https://web.archive.org/web/20230328070418/https://oxfordbusinessgroup.com/reports/kuwait/2022-report/legal-framework/doing-business-successful-implementation-of-the-foreign-direct-investment-law-serv...
- https://web.archive.org/web/20190220064829/https://www.lexology.com/library/detail.aspx?g=2a1ed309-b58e-4b0e-9766-da6ecb84aa65
- https://web.archive.org/web/20231202183536/https://www.state.gov/reports/2022-investment-climate-statements/kuwait/
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KUWAIT
Since February 2016
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Nationality/residency requirement for directors or managers
Companies Law No. 1 of 2016
During the establishment process under Companies Law No. 1 of 2016, the manager of a limited liability company can either be a Kuwaiti national or a Gulf Cooperation Council national. The manager can also be a foreign national, but he/she must hold a valid residence in Kuwait. If a foreign national is appointed as a manager, the company will have a temporary licence until he/she transfers his/her residence to the new company, which must be achieved within three months.
Coverage Horizontal
KUWAIT
Since June 2013
Since March 2019
Since March 2019
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Law No. 116 of 2013 Regarding the Promotion of Direct Investment in the State of Kuwait
قانون رقم 116 لسنة 2013 في شأن تشجيع الاستثمار المباشر في دولة الكويت
Decision No. 329 of 2019 regarding the mechanism for evaluating investment license applications and granting benefits
قانون رقم 116 لسنة 2013 في شأن تشجيع الاستثمار المباشر في دولة الكويت
Decision No. 329 of 2019 regarding the mechanism for evaluating investment license applications and granting benefits
The Foreign Direct Investment Law of 2013 established the Kuwait Direct Investment Promotion Authority (KDIPA) to solicit investment proposals, evaluate their potential, and assist foreign investors with licensing. Art. 14 sets forth a licensing scheme for foreign direct investment. The Board of KDIPA examines investment proposals against the criteria, principles and assessment rules established by the Board regarding each of the cases set forth in this law. Investment through the establishment of a new enterprise, a foreign branch, and a regional representative office must go through the licensing scheme (Art. 12).
In 2019, KDIPA issued Decision No. 329 of 2019 regarding the mechanism for evaluating investment license applications and granting benefits. It is reported that, in approving applications from foreign investors seeking full ownership, KDIPA prioritises local job creation, the provision of training and education to Kuwaiti citizens, technology transfer, diversification of national income sources, contribution to exports, support for small- and medium-sized enterprises, and the utilisation of Kuwaiti products and services.
In 2019, KDIPA issued Decision No. 329 of 2019 regarding the mechanism for evaluating investment license applications and granting benefits. It is reported that, in approving applications from foreign investors seeking full ownership, KDIPA prioritises local job creation, the provision of training and education to Kuwaiti citizens, technology transfer, diversification of national income sources, contribution to exports, support for small- and medium-sized enterprises, and the utilisation of Kuwaiti products and services.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220121032233/https://e.kdipa.gov.kw/main/law1162013.pdf
- https://web.archive.org/web/20230503180407/https://kdipa.gov.kw/wp-content/uploads/2021/09/Decision-No.-329-of-2019-1.pdf
- https://web.archive.org/web/20210318105607/https://kw.usembassy.gov/wp-content/uploads/sites/157/2020-Investment-Climate-Statements.pdf
- https://web.archive.org/web/20230126213853/https://www.state.gov/reports/2021-investment-climate-statements/kuwait/
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KUWAIT
Reported in 2022, last reported in 2025
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Reported local representation requirement for foreign patent applicants
It is reported that foreign applicants are required to appoint a local representative to apply for patents in Kuwait.
Coverage Horizontal
Sources
- https://web.archive.org/web/20251210202756/https://ip-coster.com/IPGuides/patent-kuwait
- https://web.archive.org/web/20251210202923/https://pctlegal.wipo.int/eGuide/view-doc.xhtml?doc-code=KW&doc-lang=en
- https://web.archive.org/web/20230129184853/https://ip-coster.com/IPGuides/patent-kuwait
- https://kadasa.com.sa/the-gcc-patent-office-stops-receiving-new-patent-applications/
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KUWAIT
Since December 1992
Since April 2016
Since April 2016
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
GCC Patent Regulation Decree and By-Law of 1992
Kuwait Patent Law No. 71 of 2013
Kuwait Patent Law No. 71 of 2013
Following the implementation of Patent Law No. 71 2013 and implementing Regulations 115/2016, the Kuwaiti Patent Office stopped accepting national patent applications in 2016. The patent regime reflects the regime in place under the Gulf Cooperation Council (GCC). Patents are granted by the GCC Patent Office to the owner of the invention under the GCC Patent Regulation Decree and By-Law of 1992 and are valid in all the states of the GCC. A patent is granted to an invention that is new, innovative, and industrially applicable. On top of that, it must not contradict the rules of Islam, public order, or public ethics in the GCC states, whether this relates to products, manufacturing operations or manufacturing methods. A patent applicant filed by a non-GCC resident must appoint a registered agent who is a resident of the GCC to represent them in carrying out their activities (Art. 6). Furthermore, the official language in all GCC states is Arabic. No other language is accepted.
Coverage Horizontal
JORDAN
Since April 2015
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Law No. 15 of 2015 - Electronic Transactions Law
قانون رقم (15) لسنة 2015 قانون المعاملات الإلكترونية
قانون رقم (15) لسنة 2015 قانون المعاملات الإلكترونية
Jordan has enacted national legislation, namely Law No. 15 of 2015 (Electronic Transactions Law), which is influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
Sources
- https://web.archive.org/web/20251204181408/https://abj.org.jo/download/electronic-transactions-law-law-no-15-of-2015?wpdmdl=5587&refresh=693136fe5beea1764833022
- https://web.archive.org/web/20251204181107/https://www.cbj.gov.jo/ebv4.0/root_storage/ar/eb_list_page/66cb60aa-40fa-47c6-ac89-c21fc21a5251.pdf?AspxAutoDetectCookieSupport=1
- https://jhumansecurity.com/menuscript/index.php/jhe/article/download/206/150
- https://uncitral.un.org/en/texts/ecommerce/modellaw/electronic_commerce/status
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JORDAN
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Jordan 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
JORDAN
Since August 2023, entry into force in September 2023
Pillar Online sales and transactions |
Indicator Local presence requirements for digital services providers
Cybercrime Law No. 17 of 2023
قانون رقم (17) لسنة 2023 - قانون الجرائم الإلكترونية
قانون رقم (17) لسنة 2023 - قانون الجرائم الإلكترونية
Article 37.a of the Cybercrime Law stipulates that any social media platform operating outside Jordan, but possessing more than 100,000 subscribers within the country, is required to establish a physical office in Jordan. This office shall serve as the point of contact for addressing requests and notices issued by the competent Jordanian judicial and official authorities. Failure to comply with this obligation, following notification by the Telecommunications Regulatory Commission, will result in the imposition of a 60-day prohibition on the platform’s advertisements. Continued non-compliance thereafter will lead to a reduction in the platform’s internet bandwidth by 25%, 50%, or 75% for an additional 60-day period.
Coverage Social media platforms
JORDAN
Since April 2017, entry into force in January 2018
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Law No. 7/2017 on Consumer Protection Law
قانون حماية المستهلك رقم 7 لسنة 2017
قانون حماية المستهلك رقم 7 لسنة 2017
Jordan has a legal framework that applies consumer protection to online transactions. Law No. 7/2017 on Consumer Protection Law aims to prevent retailers from gaining an unfair advantage over consumers.
Coverage E-commerce sector
JORDAN
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
Jordan has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
JORDAN
Since January 1998, as amended in 2012, last amended in 2015
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Law No. 8 of 1998 on Press and Publications
قانون المطبوعات والنشر رقم 8 لعام 1998
قانون المطبوعات والنشر رقم 8 لعام 1998
Art. 49 of Law No. 8 stipulates that electronic publications – which publish news, press reports, press releases and comments relevant to the domestic or external affairs of Jordan – must be registered and licensed with the Media Commission, which was previously named the Press and Publications Department. The registration and licence requirements apply to all electronic publications irrespective of their location of operation. Electronic publications owned by individuals who reside outside Jordan or who have administrative offices outside Jordan are also subject to the provisions. In addition, one of the requirements for a general news site to obtain a license is to have an editor-in-chief who has been a member of the Jordan Press Association (JPA) for at least four years (Art. 23/A/1). On the other hand, Art. No. 13/A requires that to grant a license to issue a press or specialised publication, it must be registered as a company in accordance with the provisions of the Companies Law in force. In 2019, 45 news sites were blocked after failing to obtain licenses - however, many of these sites have since successfully applied for licenses, and their access has been restored.
Coverage Online news
Sources
- https://www.lob.gov.jo/?v=1.16&lang=ar#!/LegislationDetails?LegislationID=2000&LegislationType=2&isMod=false
- https://www.lob.gov.jo/?v=1.16&lang=ar#!/LegislationDetails?LegislationID=584&LegislationType=2&isMod=true
- https://web.archive.org/web/20230819064640/https://www.menamedialaw.org/sites/default/files/library/material/medmedia_jordan.pdf
- https://freedomhouse.org/country/jordan/freedom-net/2022
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JORDAN
Since February 2018
Since November 2018
Since November 2018
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Regulation Regulating the Transportation of Passengers through Smart Applications No. 9 of 2018
نظام تنظيم نقل الركاب من خلال استخدام التطبيقات الذكية صا نظام رقم (۹) لسنة ٢٠١٨
Instructions Regulating the Transportation of Passengers through Smart Applications of 2018
تعليمات تنظيم نقل الركاب من خلال استخدام التطبيقات الذكية لسنة 2018
نظام تنظيم نقل الركاب من خلال استخدام التطبيقات الذكية صا نظام رقم (۹) لسنة ٢٠١٨
Instructions Regulating the Transportation of Passengers through Smart Applications of 2018
تعليمات تنظيم نقل الركاب من خلال استخدام التطبيقات الذكية لسنة 2018
The "Regulation Regulating the Transportation of Passengers through Smart Applications No. 9 of 2018" and the "Instructions Regulating the Transportation of Passengers through Smart Applications of 2018" established a comprehensive legal framework facilitating the full licensing and registration of ride-hailing platforms.
Coverage Ride-hailing platforms
Sources
- https://web.archive.org/web/20240718172928/https://www.ltrc.gov.jo/sites/default/files/d0001075_0.pdf
- https://web.archive.org/web/20250907184245/https://ltrc.gov.jo/ebv4.0/root_storage/ar/eb_list_page/docuware_generated_pdf_1.pdf
- https://web.archive.org/web/20221204131135/https://www.tamimi.com/law-update-articles/ride-hailing-apps-in-jordan/
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JORDAN
Reported in 2023, last reported in 2024
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Import ban applied on ICT goods or online services
Ban on TikTok
In December 2022, Jordanian authorities imposed a ban on the social media platform TikTok, citing its alleged misuse for disseminating content that incited violence and public disorder. The decision was publicly announced through an official communication from the Public Security Directorate (PSD) on its Facebook page, wherein the Cybercrime Unit indicated it would monitor social media platforms. Although initially presented as a temporary measure, the restriction has remained in place. As of 2024, TikTok continues to be inaccessible in Jordan, with government officials asserting that the platform's reinstatement is contingent upon its compliance with national content moderation standards.
Coverage TikTok
Sources
- https://www.facebook.com/photo/?fbid=526367592867784&set=a.248587880645758
- https://globalvoices.org/2023/02/28/beyond-jordans-tiktok-ban/
- https://www.context.news/big-tech/us-tiktok-ban-which-other-countries-have-banned-the-app
- https://time.com/6971009/tiktok-banned-restrictions-worldwide-countries-united-states-law/
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