SAINT LUCIA
Since October 2015, last amended in November 2020
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Public Procurement and Asset Disposal Act, No. 19 of 2015
Public Procurement and Asset Disposal Act, No. 13 of 2020
Public Procurement and Asset Disposal Act, No. 13 of 2020
According to Art. 57 of the Public Procurement and Asset Disposal Act, regional or international open competitive tendering is only allowed in cases where sufficient competition does not exist in Saint Lucia and only above SDR 155,000 (approx. USD 241,000) for contracting goods and services (Schedule 3).
Coverage Horizontal
SAINT LUCIA
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and the ITA Expansion Agreement (ITA II)
Saint Lucia is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
SAINT LUCIA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Effective tariff rate to ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
6.77%
Coverage rate of zero-tariffs on ICT goods (%)
59.2%
Coverage: Digital goods
PHILIPPINES
Since 2000
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
The Philippines 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
PHILIPPINES
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
The Philippines 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
PHILIPPINES
Signed in July 2022, entry into force in February 2023
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention of Electronic Communications
Lack of participation in the UN Convention on Electronic Communications
The Philippines has signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts in 2007, and ratified in it July 2022. The Convention will enter into force in February 2023.
Coverage Horizontal
PHILIPPINES
Since June 2000
Since July 1992
Since July 1992
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Republic Act No. 8792 - Electronic Commerce Act 2000
Republic Act No. 7394 - The Consumer Act of the Philippines
Republic Act No. 7394 - The Consumer Act of the Philippines
The Electronic Commerce Act 2000 and the Consumer Act provide a comprehensive framework for consumer protection that also applies to online transactions. According to Art. 34 of the Commerce Act 2000, violations of the Consumer Act or Republic Act No. 7394 and other relevant or pertinent laws through transactions made through electronic data messages or electronic documents shall be punishable with the same penalties provided in said laws.
Coverage E-commerce sector
PHILIPPINES
Since May 2016
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Republic Act 10863 - An act modernizing the customs and tariff administration
The Philippines' de minimis threshold, which is the minimum value of goods below which customs do not charge duties, has increased from PhP 10 (0.2 USD) to PhP 10,000 (USD 206) since the Customs Modernization and Tariff Act (RA 10863) was passed in 2016.
Coverage Horizontal
PHILIPPINES
Since October 2018
Pillar Online sales and transactions |
Sub-pillar Maximum foreign equity share for investment in e-commerce sector
Executive Order No. 65 - Promulgating the eleventh regular foreign investment negative list
According to Executive Order No. 65, the Philippines imposes a ban on foreign ownership of retail trade enterprises with paid-up capital of less than USD 2.5 million. The Philippine government regularly releases the Foreign Investment Negative List, and this serves as the basis for which sectors are restricted. Multiple regulatory opinions and related legislation affect this ban on foreign ownership.
Coverage Retail trade enterprises with paid-up capital of less than USD 2.5 million
PHILIPPINES
Reported in 2015
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Self-certification for product safety
Testing requirement
Self-certification is not allowed for telecommunications, wireless and radio equipment. Certification of some equipment types requires testing at the incumbent telecom carrier laboratories, while for other categories approval is based on review of foreign standard test reports. The Philippines' National Telecommunication Commission also issues certification of telecom equipment to be connected to public network services.
Coverage Telecommunications, Wireless and Radio Equipment
PHILIPPINES
Since January 2015
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Self-certification for product safety
Certification requirement
Audio and video products such as TVs and LCD panels marketed in the Philippines are required to be certified according to the relevant Philippine PNS safety standard (which is equivalent to the international IEC 60065:2007). There are two options:
- a voluntary license to use the Philippine Standard PS-mark on manufactured products as granted by the Bureau of Product Standards (BPS); or
- use of stickers with the mandatory Import Commodity Clearance (ICC)-mark on imported products.
It is required to test the product within the Philippines and also to apply via a local representative. For the PS-mark, periodical factory audits are also needed.
- a voluntary license to use the Philippine Standard PS-mark on manufactured products as granted by the Bureau of Product Standards (BPS); or
- use of stickers with the mandatory Import Commodity Clearance (ICC)-mark on imported products.
It is required to test the product within the Philippines and also to apply via a local representative. For the PS-mark, periodical factory audits are also needed.
Coverage Audio and video products
PHILIPPINES
Since August 2017
Pillar Quantitative trade restrictions for ICT goods, products and online services |
Sub-pillar Export restrictions on ICT goods, products and online services
Republic Act No. 10697 - Strategic Trade Management Act, particularly the National Strategic Goods List - Annex 2: List of dual use strategic goods
In 2017, the Philippine government enacted the Philippine National Strategic Goods List Annex 2, regulating the strategic dual-use items for both export and import for national security reasons. Some of these dual-use items are electronics and computers that reach a specific technical level that qualifies them as fit for military use.
Coverage Dual use strategic goods, which refers to a broad list of products (e.g., electronics and computers)
PHILIPPINES
Since August 2017
Pillar Quantitative trade restrictions for ICT goods, products and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Republic Act No. 10697 - Strategic Trade Management Act, particularly the National Strategic Goods List - Annex 2: List of dual use strategic goods
In 2017, the Philippine government enacted the Philippine National Strategic Goods List Annex 2, regulating the strategic dual-use items for both export and import for national security reasons. Some of these dual-use items are electronics and computers that reach a specific technical level that qualifies them as fit for military use.
Coverage Dual use strategic goods, which refers to a broad list of products (e.g., electronics and computers)
PHILIPPINES
Reported in 2022
Pillar Content access |
Sub-pillar Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "6.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 3 in Philippines. This corresponds to "Rarely but there have been a few occasions throughout the year when the government shut down domestic access to Internet."
Coverage Horizontal
PHILIPPINES
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for any activity other than copyright infringement
Limited safe harbor for intermediaries for any activity other than copyright infringement
A basic legal framework on intermediary liability is absent in Philippine law and jurisprudence. Arguably, safe harbor clauses are present in the Electronic Commerce Act of 2000 (RA 8792) and the Cybercrime Prevention Act of 2012 (RA 10175), but these laws’ definition of an intermediary limits its capacity to provide a safe harbor. Particularly, RA 8792’s scope is limited to electronic documents, while RA 10175 is limited to cybercrimes defined under the law. This makes safe harbors in Philippine law sectoral or content-specific.
Coverage Intermediaries