VENEZUELA
Reported in 2026
Pillar Content access |
Indicator Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "7.2.4 - 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 Venezuela for the year 2025. 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
VENEZUELA
Reported in 2009, last reported in 2025
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Complaints on customs procedures
Importers and customs agents have reported bureaucratic, costly and unpredictable customs procedures in Venezuela. Complaints include delays caused by burdensome administrative requirements, the suspension or blocking of customs agents’ access credentials to the Automated Customs System (Sistema Aduanero Automatizado, SIDUNEA) without a clear or timely procedure, requests to comply with documents or conditions that are not contained in, or supported by, the applicable legal framework, and frequent changes to customs rules. These practices may delay customs clearance and increase storage and other logistics costs for importers.
Coverage Horizontal
Sources
- https://fedecamarasradio.com/programas/venezuela-productiva/importaciones-aumentaron-35-en-2024-segun-agentes-aduaneros/
- https://laverdaddevargas.com/sidunea-sigue-con-el-bloqueo-de-claves-de-los-agentes-aduanales/
- https://vlexvenezuela.com/vid/aduana-herna-ndez-mauricio-seniat-519004750
- https://www.mundomaritimo.cl/noticias/solo-opera-un-terminal-en-el-puerto-de-la-guaira
- https://vlexvenezuela.com/vid/guerire-falman-universo-import-export-288579182
- https://vlexvenezuela.com/vid/javimar-aduanero-intendencia-aduanas-287932067
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VENEZUELA
Since November 2014, entry into force in December 2014
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
Decree No. 1.402, enacting the Decree with Rank, Value and Force of Law on Banking Sector Institutions (Decreto No. 1.402, mediante el cual se dicta el Decreto con Rango, Valor y Fuerza de Ley de Instituciones del Sector Bancario)
According to Art. 97.8 of Decree No. 1402, banking institutions are prohibited from transferring their principal computer centres and databases, either in electronic form or as users' physical documents, to a foreign territory. The Superintendency of Banking Sector Institutions is in charge of issuing regulations to determine which computer centres and databases qualify as principal in accordance with a binding opinion issued by the Central Bank.
Coverage Financial sector
Sources
- https://web.archive.org/web/20230424153438/https://www.asambleanacional.gob.ve/storage/documentos/leyes/decreto-n0-1402-mediante-el-cual-se-dicta-el-decreto-con-rango-valor-y-fuerza-de-ley-de-instituc...
- https://web.archive.org/web/20241122212251/https://ifedec.org/wp-content/uploads/2023/04/Gaceta-Oficial-No-6.015-del-28.12.10.pdf
- https://web.archive.org/web/20231208032908/https://www.dataguidance.com/comparisons/data-transfers
- https://web.archive.org/web/20220223130507/https://www.cepal.org/sites/default/files/publication/files/46421/S1901092_en.pdf
- https://web.archive.org/web/20220305202822/https://s3.amazonaws.com/brt.org/archive/Global_IT_Policy_Paper_final.pdf
- https://web.archive.org/web/20230917050738/https://itif.org/publications/2017/05/01/cross-border-data-flows-where-are-barriers-and-what-do-they-cost/
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VENEZUELA
Since August 2011
Pillar Cross-border data policies |
Indicator Conditional flow regime
Constitutional Chamber of the Supreme Tribunal of Justice's Decision No. 1,318 (Sentencia No. 1318 de la Sala Constitucional del Tribunal Supremo de Justicia)
Based on the safety and confidentiality principle (No. 7) set forth in Decision No. 1318, the transfer of personal data to other countries requires the data owner's prior consent and that the recipient country has rules guaranteeing, at least, the same level of protection of personal data as Venezuelan regulations.
Coverage Horizontal
VENEZUELA
Since December 2017
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Official Gazette No. 41,310: Constitutional Law of Productive Foreign Investment (Gaceta Oficial No. 41.310: Ley Constitucional de Inversión Extranjera Productiva)
Art. 19 of the Constitutional Law on Foreign Productive Investment establishes that in order to be registered, foreign investment must be for a minimum amount, CNY 6,500,000 or its equivalent in another foreign currency (approx. 940,000 USD).
Coverage Horizontal
Sources
- https://web.archive.org/web/20241122204048/https://www.asambleanacional.gob.ve/storage/documentos/leyes/ley-constitucional-de-inversion-extranjera-productiva-20220215152559.pdf
- https://web.archive.org/web/20241206150944/https://trade.ec.europa.eu/access-to-markets/es/barriers/details?isSps=false&barrier_id=11413
- https://web.archive.org/web/20211202234227/https://www.nortonrosefulbright.com/en/knowledge/publications/2bad56c6/venezuela-issues-new-constitutional-law-for-foreign-productive-investments
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VENEZUELA
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 challenges in patent grant procedures
It is reported that patent examination in Venezuela has, in recent years, progressed at an exceptionally slow pace, with backlogs in some cases exceeding 10 years. The average period from filing to grant is understood to be approximately 10 to 12 years. In addition, it is reported that patent applications may not be filed in a foreign language, meaning that all applications must be submitted in Spanish.
Coverage Horizontal
VENEZUELA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Lack of participation in the Patent Cooperation Treaty (PCT)
Venezuela is not a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
VENEZUELA
Since August 1993
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Law on Copyright (Ley sobre el Derecho de Autor)
Venezuela maintains a copyright framework under the Law on Copyright; however, its exceptions do not follow either the fair use or fair dealing models, thereby constraining the lawful use of protected works by third parties. Chapter II of Part II (Arts. 43-49) enumerates the statutory exceptions. Among these, Art. 44 provides that certain acts shall be deemed lawful reproductions, including the making of a single copy of a computer programme solely for backup or security purposes, as well as the storage of a computer programme in the internal memory of equipment for the exclusive purpose of use by the lawful user. These acts are permitted without prejudice to any participation of the rights holder where such participation is stipulated in the contract governing the disposal of the data carrier or in the relevant user licence.
Coverage Horizontal
VENEZUELA
Reported in 2017, last reported in 2025
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Reported prevalence of piracy affecting digital products
It is reported that piracy, including online piracy, together with unauthorised camcording and the widespread use of unlicensed software, remains a persistent challenge.
Coverage Horizontal
Sources
- https://web.archive.org/web/20260226210249/https://ustr.gov/sites/default/files/files/Issue_Areas/Enforcement/2025%20Special%20301%20Report%20(final).pdf
- https://web.archive.org/web/20231108101527/https://ustr.gov/sites/default/files/IssueAreas/IP/2022%20Special%20301%20Report.pdf
- https://web.archive.org/web/20260226210336/https://ustr.gov/sites/default/files/301/2017%20Special%20301%20Report%20FINAL.PDF
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VENEZUELA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
Lack of ratification of the WIPO Copyright Treaty
Venezuela has signed the World Intellectual Property Organization (WIPO) Copyright Treaty in December 1996, but has not ratified it.
Coverage Horizontal
VENEZUELA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of ratification of the WIPO Performances and Phonograms Treaty
Venezuela has signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty in December 1996, but has not ratified it.
Coverage Horizontal
VENEZUELA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Venezuela lacks a comprehensive regime for the protection of trade secrets.
Coverage Horizontal
Source
- N/A
VENEZUELA
Since December 2010
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Official Gazette No. 39,610: Organic Telecommunications Law (Gaceta Oficial No. 39.610: Ley Orgánica de Telecomunicaciones)
There is an obligation for passive infrastructure sharing in Venezuela to deliver telecom services to end users. It is practised in both the mobile and fixed sectors based on commercial agreements. Art. 125 of the Organic Law on Telecommunications establishes that any person that exclusively or predominantly owns or controls a general telecommunications route must allow access to or use of the same by telecommunications operators that request it when its substitution is not feasible for physical, legal, economic, technical, environmental, security or operational reasons. The same article states that general telecommunications routes are understood to be the elements that allow the placement of the physical means necessary for the provision of telecommunications services in accordance with the requirements of the respective regulations.
Coverage Telecommunications sector
VENEZUELA
Since November 2014
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Decree No. 1399, whereby the Decree with Rank, Value and Force of Law on Public Procurement is issued (Decreto No. 1399, mediante el cual se dicta el Decreto Con Rango, Valor y Fuerza de Ley de Contrataciones Públicas)
Art. 11 of Decree No. 1399 grants the President of Venezuela the authority to implement temporary measures aimed at addressing adverse or unfavourable conditions impacting small and medium-sized industries, cooperatives, and other forms of community associations. These measures may include but are not limited to, the establishment of preferential contract amounts or categories, the use of procurement schemes that incorporate goods with national added value, the transfer of technology, and the inclusion of human resources.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240729110044/https://www.asambleanacional.gob.ve/storage/documentos/leyes/decreto-n0-1399-mediante-el-cual-se-dicta-el-decreto-con-rango-valor-y-fuerza-de-ley-de-contrata...
- https://web.archive.org/web/20231126174848/https://ustr.gov/sites/default/files/files/reports/2017/NTE/2017%20NTE.pdf
VENEZUELA
Since April 2008
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Decree No. 5974/2008. The National Telephone Company of Venezuela /Cantv/ and its Companies are Assigned to the Ministry for Telecommunications and Information Technology (Decreto No. 5974/2008. Se Adscribe al Ministerio para las Telecomunicaciones y la Informática, la Compañía Anónima Nacional Teléfonos de Venezuela /Cantv/ y sus Empresas)
The principal fixed-line telephony operator in Venezuela, Compañía Anónima Nacional Teléfonos de Venezuela (Cantv), remains under the control of the Venezuelan government, although no precise and up-to-date information is publicly available regarding the exact percentage of state ownership beyond the fact that it constitutes a majority stake. Privatised in 1991, Cantv was renationalised in 2008 through Decree No. 5974/2008, which placed the company and its subsidiaries under the authority of the Ministry of Telecommunications and Information Technology. Cantv also owns Movilnet, the country’s main mobile telephony operator. By 2022, when the state held 86.2% of Cantv’s shareholding, the government announced its intention to sell a portion of shares in both Cantv and Movilnet to private, including foreign, investors. The first sale of shares occurred in October 2022, followed by further offerings through the Caracas Stock Exchange in November and December 2023.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20260303235623/https://virtual.urbe.edu/gacetas/38900.pdf
- https://web.archive.org/web/20231111033728/https://www.cantv.com.ve/la-empresa/
- https://www.itu.int/net4/itu-d/icteye
- https://web.archive.org/web/20260303234357/https://transparenciave.org/wp-content/uploads/2022/12/Informe-EPE-IV-2022_TV-1.pdf
- https://web.archive.org/web/20211108202951/https://www.marketwatch.com/story/venezuela-buys-862-of-cantv-share-but-stake-could-grow
- https://web.archive.org/web/20260303234431/https://freedomhouse.org/country/venezuela/freedom-net/2024
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