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Trading restrictions

PARAGUAY


Chapter Standards  |  Sub-chapter Product safety certification (EMC/EMI, radio transmission)
Lack of self-certification
Paraguay's regulatory agency, CONATEL (Comision Nacional de Telecomunicaciones) requires approval of all radio frequency equipment as well as equipment that connects to the public network, such as E1 or ADSL devices. CONATEL requires certificates to be issued in the name of a legal representative in Paraguay.
Coverage Radio frequency equipment
Trading restrictions

PARAGUAY

Reported in 2015

Chapter Quantitative Trade Restrictions  |  Sub-chapter Import restrictions
Customs certification
Paraguay requires each import shipment (e.g., commercial receipt, certificate of origin, and cargo manifest) to be certified by either the Paraguayan consulate in the country of origin or, subject to payment of a fee, at the Ministry of Foreign Affairs in Paraguay. Paraguay requires all companies operating in the country to contract the services of a customs broker. Customs broker fees are standardized by Paraguayan law.
Coverage Horizontal
Source
  • USTR, 2015 National Trade Estimate Report on Foreign Trade Barriers: https://ustr.gov/sites/default/files/2015%20NTE%20Combined.pdf
Restrictions on data

PARAGUAY

Since 2014

Chapter Content access  |  Sub-chapter Other restrictive practices related to content access
De facto blockage
Internet Service Providers (ISPs) in Paraguay are connected to the Internet through networks of Argentina and Brazil that have access to fiber-optic sub marine cable systems, users in Paraguay are prevented de facto to access any website blocked by Brazil or Argentina.
Coverage Internet Service Providers (ISPs)
Restrictions on data

PARAGUAY


Chapter Content access  |  Sub-chapter Bandwidth, net neutrality
Blockage of service
According to press reports, Whatsapp voice calling feature is currently being blocked in Paraguay by telecommunication operators.
Coverage Whatsapp
Restrictions on data

PARAGUAY


Chapter Intermediary liability  |  Sub-chapter Lack of safe harbor for intermediary liability
Paraguayan Copyright and Related Rights Law
The Paraguyan Law does not foresee any exception to internet liability services.
Coverage Internet intermediaries
Establishment restrictions

PARAGUAY


Chapter Competition policy  |  Sub-chapter Other restrictive practices related to competition policy
Blockage of service
According to press reports, Whatsapp voice calling feature is currently being blocked in Paraguay by telecommunication operators.
Coverage Whatsapp
Establishment restrictions

PARAGUAY


Chapter Competition policy  |  Sub-chapter Competition
State owned enterprises
Compañía Paraguaya de Comunicaciones (Copaco) is the incumbent telecommunications operator for fix line in Paraguay. The company is state-owned and its services include basic, corporate, public, and GSM fixed wireless telephony.
Coverage Telecommunication sector
Establishment restrictions

PARAGUAY


Chapter Competition policy  |  Sub-chapter Competition
WTO Reference Paper on Basic Telecommunications
According to the Paraguayan Telecommunications Law, competition rules apply in the telecommunications market. Yet, Paraguay is a WTO member since 1995, but it has not adopted specific telecommunications commitments nor the WTO Reference Paper on Basic Telecommunications.
Coverage Telecommunication sector
Establishment restrictions

PARAGUAY


Chapter Intellectual Property Rights  |  Sub-chapter Copyright
Copyright inadequately enforced
The International Intellectual Property Alliance (IIPA) reports serious copyright enforcement deficiencies that persist in the country.
Coverage Horizontal
Establishment restrictions

PARAGUAY

Since 1998

Chapter Intellectual Property Rights  |  Sub-chapter Copyright
Paraguayan Copyright and Related Rights Law
In Paraguay, there are no special provisions that admit exceptions of fair use/fair dealing. The "3 steps rule" is the applicable standard with regards to prevision and interpretation of the exception to the author’s right.
Coverage Horizontal
Establishment restrictions

PARAGUAY


Chapter Intellectual Property Rights  |  Sub-chapter Patents
Patent Cooperation Treaty
Paraguay is not a signatory of the Patent Cooperation Treaty (PCT). Businesses cannot use the convenience of a "one-stop-shop" to file for international patent filing.
Coverage Horizontal
Establishment restrictions

PARAGUAY

Reported in 2014

Chapter Investment  |  Sub-chapter Restrictions on board of directors and managers
Residency requirement
In order to be appointed as managers in Limited Liability Companies, foreigners must obtain Paraguayan residence.
Coverage Limited Liability Companies
Establishment restrictions

PARAGUAY

Reported in 2014

Chapter Investment  |  Sub-chapter Restrictions on board of directors and managers
Nationality/residency requirement
Directors of corporations must be nationals of Paraguay or foreigners with legal residence in the country.
Coverage Corporations
Fiscal Restrictions

PARAGUAY

Reported in 2014

Chapter Public Procurement  |  Sub-chapter Preferential purchase schemes covering digital products and services
WTO Agreement on Government Procurement (GPA)
Paraguay is not a party to the WTO Agreement on Government Procurement.
Coverage Horizontal
Source
  • EUROPEAN COMMISSION DIRECTORATE-GENERAL FOR TRADE, 11TH REPORT ON POTENTIALLY,TRADE-RESTRICTIVE MEASURES IDENTIFIED IN THE CONTEXT OF THE FINANCIAL AND ECONOMIC CRISIS, 1 JUNE 2013 – 30 JUNE 2014: http://trade.ec.europa.eu/doclib/html/152872.htm
Fiscal Restrictions

PARAGUAY

Reported in 2014

Chapter Public Procurement  |  Sub-chapter Preferential purchase schemes covering digital products and services
Decree 6255/2011

Law No. 4558/2011
Decree 4008/2010, introduced in 2010, established national preferences in public tenders to promote national production and employment in direct response to the economic crisis. The Decree was valid for one year and was then replaced by Decree 6255/2011 which is of indefinite duration. The latter was published to support domestic production and employment, providing as well for domestic preference margins ranging from 5% to 70%. For national industrial or manufactured products, a single margin was set at 40%.

Law No. 4558 published in December 2011 also supports domestic producers through public procurement and envisages reference margins of 20% for local content in a product.
Coverage Horizontal
Sources
  • European Commission, DG Trade, 11th Report on Potentially Trade-Restrictive Measures Identified in the Context of the Financial and Economic Crisis, 1 June 2013 – 30 June 2014: http://trade.ec.europa.eu/doclib/docs/2014/november/tradoc_152872.pdf
  • http://unctad.org/en/PublicationsLibrary/ditctncd2014d2_en.pdf