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PHILIPPINES

Since January 2003
Since August 2016, entry into force in October 2016

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Government Procurement Reform Act - Republic Act No. 9184

The 2016 Revised Implementing Rules and Regulations of Republic Act No. 9184
The Government Procurement Reform Act acts as the enabling framework for preferential procurement by virtue of Art. XII, Section 43. In the interest of availability, efficiency and timely delivery of goods, the procuring entity may give preference to the purchase of domestically produced and manufactured goods, supplies and materials that meet the specified or desired quality. Rule XII of the Implementing Rules and Regulations outlines the implementation and process of preferential procurement, wherein the procurement award should be made to the lowest domestic bid provided that it is not more than 15% in excess of the lowest foreign bid.
Coverage Horizontal

PHILIPPINES

Since October 2003, last amended in October 2016

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Implementing Rules and Regulations of Republic Act No. 9184
The 2016 Implementing Rules and Regulations of Republic Act No. 9184 contain an important restriction on foreign consultants. Sec. 24.3.2 states that: "when the types and fields of consulting services in which the foregoing persons/entities wish to engage involve the practice of professions regulated by law, those who will actually perform the services shall be Filipino citizens and registered professionals authorized by the appropriate regulatory body to practice those professions and allied professions." This provision has already been in place since the first IRR in 2003, but were only affecting partnerships, corporations, and joint ventures. Notwithstanding, this provision under the 2016 IRR effectively prevents foreign consultants from directly providing their professional services.
Coverage Horizontal

PHILIPPINES

Since October 2003, last amended in October 2016

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Implementing Rules and Regulations of Republic Act No. 9184
Subsections 23.4.1.1 and 24.3.1 of the 2016 Implementing Rules and Regulations of Republic Act No. 9184 provide that partnerships, corporations, and joint ventures with at least 60% Filipino ownership are considered as eligible bidders for public procurement. However, the procurement of infrastructure projects is more restrictive, which can discourage foreign contractors from participating in digital infrastructure, such as cloud services. Foreign contractors (those with less than 75% Filipino ownership) are allowed only when provided for under any treaty or international or executive agreement, or if they form a joint venture with local contractors (Subsection 23.4.2). These provisions have been in force since the first Implementing Rules and Regulations of 2003
Coverage Horizontal

PHILIPPINES

Since October 2003, last amended in October 2016

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Implementing Rules and Regulations of Republic Act No. 9184
Foreign consultants are required, under Sec. 4.4 of the 2016 Implementing Rules and Regulations (IRR), to transfer their technology and knowledge in order to be hired under public procurement. The provision states that "technology and knowledge transfer to the procuring entity shall be required in the provision of consulting services, where applicable." This provision has been in place since the first IRR in 2003 (Sec. 24.5.4).
Coverage Horizontal

PHILIPPINES

Reported in April 2021

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Exclusion from public procurement
Exclusion of foreign providers from public procurement
Foreign contractors are required to present a local reference in order for them to qualify as a bidder for publicly-procured infrastructure projects. A local reference refers to a project that a foreign contractor has previously completed in the Philippines. This practice is considered by businesses to be restrictive because digital infrastructure, such as cloud services, is often new, which means that a local reference cannot possibly be acquired. The need for a local reference effectively prevents the participation of foreign contractors.
Coverage Horizontal
Source
  • Consultation Meeting with the Foreign Private Sector

PHILIPPINES

Since April 1997
Since December 2015

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)
Information Technology Agreement (ITA)

ITA Expansion Agreement (ITA II)
Philippines is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 and its 2015 expansion (ITA II).
Coverage ICT goods
"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 = 'PH')\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":"56046"},{"post_id":"56047"},{"post_id":"56048"}]
"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 = 'PH')\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 = 'PH')\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":"0.00"}]

PHILIPPINES

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)
0.36%
Coverage rate of zero-tariffs on ICT goods (%)
60.01%
Coverage: Digital goods

LIBYA

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Libya has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

LIBYA

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
Lack of adoption of the UNCITRAL Model Law on Electronic Signatures
Libya 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

LIBYA

N/A

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
Libya lacks a comprehensive framework for consumer protection that applies to online transactions. However, Arts. 48-57 of Law No. 6-2022 on electronic transactions sets some rules for the relationship between the seller and consumer in electronic commerce transactions. A proposed draft legislation is supposed to fill in this gap. It has been in the pipeline since 2017. It explains that the law will be applicable to electronically delivered services and to advertisers using all kinds of media tools. The government submitted the draft law to legislative authorities for consideration in June 2023 and the law has still not been adopted.
Coverage Horizontal

LIBYA

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the UN Convention of Electronic Communications
Lack of signature of the UN Convention of Electronic Communications
Libya has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

LIBYA

N/A

Pillar Online sales and transactions  |  Sub-pillar Restrictions on domain names
Local presence requirement for domain names
It is reported that the top-level domain name ".ly" with less than four letters requires local presence.
Coverage Horizontal

LIBYA

Reported in 2022

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
It is reported that Libya does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal

LIBYA

Since 2006

Pillar Online sales and transactions  |  Sub-pillar Restrictions on domain names
Restrictions on top-level domain names
According to NIC.LY, the official website for the top-level domain of Libya's registry, the regulation outlining the terms and conditions for registering domain names under the country code Top-Level Domain (ccTLD) of LIBYA (".ly") stipulates that "domain names must not contain obscene, scandalous, indecent, or contrary to Libyan law or Islamic morality words, phrases nor abbreviations."
Coverage Horizontal

LIBYA

Since November 2017

Pillar Online sales and transactions  |  Sub-pillar Restrictions on online payments
Circular No. 10-2017 on controls and instructions for electronic payment services using mobile phones and eWallets
Circular No. 10-2017 sets limits for electronic payments using mobile phones or eWallets. A monthly limit applies to transactions as follows: 1,000 LYD (approx. USD 207) for individuals, 10,000 LYD (approx. USD ,2070) for small merchants or enterprises, 20,000 LYD (approx. USD 4,150) for medium merchants or enterprises and 50,000 LYD (approx. USD 10,350) for large merchants or enterprises. It also sets a monthly account limit of 3,000 LYD (approx. USD 620) for individuals, 10,000 LYD (approx. USD 2,070) for small merchants or enterprises, 20,000 LYD (approx. USD 4150) for medium merchants or enterprises and 50,000 LYD (approx. USD 10,350) for large merchants or enterprises.
Coverage E-payments