E@ECIPE
Start your weekend right and have a look at our new podcast episodes, webinars and more! ✉️ https://t.co/I4O8mlTIfz https://t.co/OGnB3mMG8CRT IIEA @iiea: 7 years on from the #Brexit vote we're continuing to analyse the impact of the UK's withdrawal from the #EU. Join… https://t.co/cYlxTquavgThe EU is taking charge in regulating data and the digital economy, launching new regulations like the #DMA, #DSA,… https://t.co/jfOuY6kaPNLet's talk about #AI regulations in the #EU! It is important to understand and enhance the benefits, but also min… https://t.co/OU6PEWlg6j🎧 New global economy podcast episode! We talk about the US trade policy and America's role in the world economic o… https://t.co/DHHvBdKZ4M
  • FOLLOW ECIPE
x
Browse

Database

Browse Database
Fiscal Restrictions

AUSTRIA

Reported in April 2017

Chapter Taxation & Subsidies  |  Sub-chapter Discriminatory tax regime on online services
Proposal for reform of taxes on digital services
As part of a general tax reform, Austria plans to extract tax revenue from digital services in a number of ways. First, it was proposed that a "barter tax", essentially a VAT, be introduced on the transactions which take place between online platforms and their users, whereby users have access to services in exchange for their data. Additionally, the proposed reforms would extend the Austrian tax on advertising revenue to digital formats.
Coverage Internet platforms
Fiscal Restrictions

AUSTRIA

Since 2006

Chapter Taxation & Subsidies  |  Sub-chapter Discriminatory tax regime on digital goods and products
Directive 2001/29 (EU Copyright Directive)

Urheberrechtsgesetz (Copyright Act - UrhG)
The EU Copyright Directive allows “fair compensation” for copyright owners. As a result, several Member States have imposed national levy systems.

In Austria, distributors of blank cassettes at the first point of sale are required to pay copyright levies. The latter are also applicable to hard drives, CD-R, CD-RW, DVD, video. The following rates apply:
- Total average revenue per capita: EUR 0.78
- Minidisc: EUR 0.24 per 80 minutes.
- CD-R/-RW Audio: EUR 0.24 per 80 minutes/700 MB.
- CD-R/-RW Data: EUR 0.24 per 80 minutes/700 MB.
- Memory Cards (only in combination with MP3-Player): EUR 1.50 EUR, 2.50 EUR, 5.25 and EUR 9.00 for item < 512 MB, 512 MB – 1 GB, 1 – 4 GB and 4 – 30 GB.
- DVD+R/+RW: EUR 0.36 for 120 minutes/4.7 GB.
- DVD-R/-RW: EUR 0.36 for 120 minutes/4.7 GB.
- DVD-RAM: EUR 0.36 for 120 minutes/4.7 GB.
- DVD DL: EUR 0.72 for 240 minutes/8.5 GB BR: EUR 1.91 for 640 minutes/25 GB.

Furthermore, the following rates apply to devices:
- MP3 Audio-Player from EUR 1.50 < 512 MB to EUR 9.00 < 30 GB.
- MP3 / MP4-Player from EUR 1.50 < 512 MB to EUR 10.00 < 160 GB and more
- Hard disc-Receiver: EUR 6.00 per item < 80 GB; DVD-Recorder.
- Sat-Receiver: from EUR 10 per item < 160 GB to 20 EUR to 600 GB and more.
- Ext. multimedia hard disc with recording function: from EUR 17.10 per item < 250 GB to EUR 24.30 < 1 TB and more.
- USB-Stick: from EUR 0.10 per item < 1 GB to EUR 0.50 < 32 GB and more.
Coverage Bank cassettes, CD-R, CD-RW, DVD, MP3/MP4 audio players and other devices
Trading restrictions

ECUADOR

Since June 2014

Chapter Online sales and transactions  |  Sub-chapter Barriers to fulfillment
Art. 4 Category B of customs regulation (4x4 cuatro por cuatro) regulated by La Resolución 023 del Consejo de Comercio Exterior (Comex)
Ecuador's Comex Resolution 023 establishes a fixed USD 42 tax on imported internet purchases (for private and not commercial purposes) in the the "4×4 category", which allows the import of a maximum of 4kg with a value of 400 USD per person. Purchases that exceed the limited amount are taxed for all the products. The resolution also determines that there is an import quota of maximum five imports up to an amount of 1200 USD.

Only packages sent through postal service are exempted from the tax which indirectly implies that Correo Ecuador is the only alternative to avoid the fee.
Coverage Foreign online purchases
Trading restrictions

ECUADOR


Chapter Standards  |  Sub-chapter Product screening and testing requirements
Testing requirement
SUPERTEL (Superintendencia de Telecomunicaciones) is the regulating body in Ecuador for telecom equipment. The body requires in-country testing with at least one sample. For cellular certification, up to two samples may be needed to perform functional testing on the units. The samples must be connected and registered with a local cellular provider.
Coverage Telecom equipment
Trading restrictions

ECUADOR


Chapter Standards  |  Sub-chapter Product safety certification (EMC/EMI, radio transmission)
Ecuadorian Law 2007-76
Each trader, domestic or foreign, must provide proof of compliance with technical standards in the form of a certificate of conformity issued by an accredited certification body. In practice, however, certification by the Agencia de Regulación y Control de las Telecomunicaciones (ARCOTEL) is mandatory.
Coverage Mobile phone, cellular modems, radio terminal systems, terminal for broadband services
Trading restrictions

ECUADOR

Since 2010

Chapter Quantitative Trade Restrictions  |  Sub-chapter Local Content Requeriments for commercial market
Organic Code for Production, Trade, and Investment (Production Code)
Ecuador’s Organic Code for Production, Trade, and Investment (Production Code) calls for strategic import substitution and for a transformation of Ecuador’s “productive matrix” to increase the production of higher value-added products. Ecuador applies a combination of tariff and non-tariff measures, such as non-automatic import licensing, to the sectors listed in Ecuador’s National Plan for Good Living 2013-2017. As part of the policy of import substitution, furthermore, Ecuadorian officials reportedly seek commitments from companies to increase local production and decrease imports. Ecuador’s coordinating Minister for Production, Employment, and Competitiveness announced in October 2014 that 905 companies had signed such agreements with the government. Importers complained that the government coerced them into the “agreements” by blocking their imports until they signed.
Coverage Covered products include radios, telephones, TVs, electronics and electrical appliances
Sources
  • USTR, 2015 National Trade Estimate Report on Foreign Trade Barriers: https://ustr.gov/sites/default/files/2015%20NTE%20Combined.pdf
  • 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
Trading restrictions

ECUADOR

Since June 2012

Chapter Quantitative Trade Restrictions  |  Sub-chapter Local Content Requeriments for commercial market
Resolution No. 64
Resolution No. 64/2012 of the Ecuador’s Trade Committee (Comité de Comerico Exterior COMEX) introduces incremental import tariffs on completely knocked-down (i.e. a fully disassembled item) parts for radios, televisions, cellular phones and DVD players. The incremental import tariff is negatively correlated to local content requirements: The higher the rate of local content, the lower the import tariff and vice versa.

Quotas on imports of cellular telephones were eliminated effective in January 2017. The elimination of the quotas was announced in bulletin number 38-2017 published by Ecuador’s customs authority.
Coverage Parts for radios, televisions, cellular phones and DVD players (including HS Codes 8517, 8521, 8527, 8528)
Trading restrictions

ECUADOR

Since December 2013

Chapter Quantitative Trade Restrictions  |  Sub-chapter Import restrictions
Resolution 116 by the Foreign Trade Committee (COMEX)
Ecuador introduced a number of measures that restrict imports of many products with the objective of promoting the development of the national industry. In December 2013, Ecuador’s Foreign Trade Committee (COMEX) issued Resolution 116. This resolution restricts imports of a variety of products by requiring that commercial entities obtain certificates of recognition to demonstrate that their products conform to the criteria of Ecuador’s technical regulations. Stakeholders raised concerns that Resolution 116 and the various technical regulations may be intended to address Ecuador’s trade balance rather than address legitimate health or safety concerns. Certain Ecuadorian government officials have been reported as stating that these measures are part of Ecuador’s policy of import substitution. As a result of Resolution 116, exports to Ecuador of certain products declined sharply in 2014.

During 2014, the Ministry of Foreign Trade and COMEX issued numerous resolutions adding or removing the requirement that commercial entities obtain certificates of recognition for imported products. For example, COMEX Resolution 003, issued on January 14, requires certificates of recognition for 16 sub-tariff items, including TV and computer monitors, TV CKDs.
Coverage Several products including TV and computer monitors, TV CKDs (complete knock-down (CKD) is a complete kit needed to assemble a product)
Sources
  • USTR, 2015 National Trade Estimate Report on Foreign Trade Barriers: https://ustr.gov/sites/default/files/2015%20NTE%20Combined.pdf
  • 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
  • The resolutions can be found at the COMEX web site at http://comercioexterior.gob.ec/comex/
Trading restrictions

ECUADOR

Since 2010

Chapter Quantitative Trade Restrictions  |  Sub-chapter Import restrictions
Organic Code for Production, Trade, and Investment (Production Code)
Ecuador’s Organic Code for Production, Trade, and Investment (Production Code) calls for strategic import substitution and for a transformation of Ecuador’s “productive matrix” to increase the production of higher value-added products. Ecuador applies a combination of tariff and non-tariff measures, such as non-automatic import licensing, to the sectors listed in Ecuador’s National Plan for Good Living 2013-2017. As part of the policy of import substitution, furthermore, Ecuadorian officials reportedly seek commitments from companies to increase local production and decrease imports. Ecuador’s coordinating Minister for Production, Employment, and Competitiveness announced in October 2014 that 905 companies had signed such agreements with the government. Importers complained that the government coerced them into the “agreements” by blocking their imports until they signed.
Coverage Covered products include radios, telephones, TVs, electronics and electrical appliances
Sources
  • USTR, 2015 National Trade Estimate Report on Foreign Trade Barriers: https://ustr.gov/sites/default/files/2015%20NTE%20Combined.pdf
  • 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
Trading restrictions

ECUADOR

Since June 2012

Chapter Quantitative Trade Restrictions  |  Sub-chapter Import restrictions
Resolution No. 64
Ecuador’s Trade Committee (Comité de Comerico Exterior COMEX) adopted Resolution No. 64 introducing incremental import tariffs on completely knocked-down (i.e. a fully disassembled item) parts for radios, motor bicycles, televisions, cellular phones and DVD players. The incremental import tariff is negatively correlated to local content requirements: The higher the rate of local content, the lower the import tariff and vice versa.
Coverage Parts for radios, televisions, cellular phones and DVD players (including HS Codes 8517, 8521, 8527, 8528)
Trading restrictions

ECUADOR

The first and main Resolution 67 is effective since 16 June 2012 and was lastly extended until 31 December 2015.

Chapter Quantitative Trade Restrictions  |  Sub-chapter Import restrictions
Resolutions No. 67, 69, 70, 104 and Resolution No. 24-2015
Ecuador’s Trade Committee (Comité de Comerico Exterior-COMEX) adopted temporarily import quotas for cellphones through several different regulations:
- Resolution 67 limited annual imports for cell phones to USD 142.6 million (68% of the total cell phone imports in 2011). Unit and dollar value limits were established for each of Ecuador’s 33 cell phone importers. Resolutions 69 and 70 tightened the import restrictions established in Resolution 67.
- Resolution 69 reduced by 28% the total value of permissible imports by CONECEL, Ecuador’s largest private mobile phone operator. Meanwhile, the state-owned telecommunications company, CNT, received a 145% increase in its import value entitlement. Unit quotas for CONECEL and CNT remained unchanged, suggesting that Ecuador has structured the restrictions to permit CNT to import more expensive phone models and improve its market share, which is only 1.6%.
- Resolution 104 established quotas that apply specifically to smart phones worth USD 220 or less for the three operators CONECEL, OTECEL, and publicly-owned CNT.
Coverage Mobile phones
Sources
Restrictions on data

ECUADOR


Chapter Content access  |  Sub-chapter Censorship and filtering of web content
Blocking of website content
In 2014, Freedom House has reported an overly broad application of copyright infringment procedure towards content which is critical of the Government. For instance, in 2012, a documentary about President Correa was removed from the web on the grounds of copyright infringement for the misuse of the President’s image. Companies receiving requests to block access to this type of content include Google, Twitter and Vimeo, which have responded by automatically removing the content.
Coverage Internet services providers (ISPs)
Restrictions on data

ECUADOR

Since 2013

Chapter Intermediary liability  |  Sub-chapter Lack of safe harbor for intermediary liability
Organic Law on Communications
The Organic Law on Communications, enacted in 2013, set a legal precedent for holding platforms responsible for content posted by users.
Coverage Internet intermediaries
Establishment restrictions

ECUADOR


Chapter Business mobility  |  Sub-chapter Quotas, Labour Market Tests, Limits of Stay
Cap on foreign employees
No direct quotas are applied. However, there is a 20% cap on foreign employees of a firm. Moreover, the regulation of temporary work is developed for each sector separately.
Coverage Horizontal
Establishment restrictions

ECUADOR


Chapter Competition policy  |  Sub-chapter Competition
State Owned Enterprise (SOE)
Corporación Nacional de Telecomunicaciones EP (CNT), the incumbent telecommunications operator in Ecuador, is a state-owned company.
Coverage Telecommunication sector
Source
  • 2011 Trade Policy Review of Ecuador: https://www.wto.org/english/tratop_e/tpr_e/tp354_e.htm