Page 105 - SAMENA Trends - August 2019
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REGULATORY & POLICY UPDATES  SAMENA TRENDS

        in real GDP is around 60 per cent at end of fiscal year 2018, and   framework proposes registration of e-commerce businesses with
        around  56  per  cent  in  nominal  Gross  Domestic  Product  (GDP),   the Securities & Exchange Commission of Pakistan (SECP) and
        the latter is higher than South Asia average. Service sector has   making it mandatory for them to maintain a physical address in
        been  witnessing  a  shift  towards  the digitization as  growing   Pakistan. In addition, for enhancing consumers’ trust, measures
        internet  penetration  is  revolutionizing  the  way  consumers  and   for protection against counterfeit goods and a code of conduct are
        businesses  gain  and share  information, executes  transactions,   proposed under this Policy Framework. Moreover, with e-commerce
        and manages their day- to- day operations. As per draft policy   enterprises making their presence felt, laws and regulations have
        framework document prepared by Commerce Division, improving   been introduced to enable existing financial institutions to cater
        digital  connectivity  is  reshaping  consumer  behavior,  which  is   to  electronic  transactions  and  encourage  new  private  sector
        increasingly  tilted  in  favor  of  convenience,  cost  savings,  and   intermediaries to enter the field. However, a lot more is required
        customized retail  experiences.  Businesses are also  capitalizing   to be done to address needs of a large segment of population,
        on opportunities enraging from the digitization, such as supply   which the e-commerce industry shall target as its consumer base
        chain efficiency, lower transaction cost and enhanced flexibility in   in the future. In relation to this, it is essential to enable Card-Not-
        addressing consumer needs. Pakistan is among the economies   Present  (CNP)  transactions  and  explore  the  possibility  of  co-
        where digitization is  triggering  changes  in some components   badging with international card payment schemes. Moreover, it is
        of  the  service  sector.  The  shift  is  most  prominent  in  areas  like   proposed that banking services should be improved for promoting
        e-commerce,  fintech  and  e-government,  where  new  ventures   use of local online merchant accounts by online businesses and
        and approaches to deliver services are picking. Specifically, the   exploring the possibility of establishing an international payment
        market size of e-commerce has grown significantly in Pakistan   gateway  in  Pakistan.  With  regard  to  consumer  protection,  the
        over  last  few  years,  transforming  the  way  consumers  interact   existing  laws  in  the  country  do  not  contain  specific  provisions
        with, and especially pay businesses. The other objective of this   for addressing  concerns  of consumers  transacting  in digital
        initiative is to Bottom of Form Bottom of Form transform Pakistan   environment.  In  relation  to  this,  recommendations  have  been
        into a significant player in regional and global digital economy.   made  for  introducing  specific  amendments  in  these  laws.  An
        Listing  the  goals,  the  document  further  revealed  that  it  would   important  aspect  of consumer  protection  is  ‘dispute resolution
        increase  e-commerce  industry’s  growth  to  make  the  area  one   mechanism’. This Policy Framework proposes that it should be
        of  the  key  drivers  of  Pakistan’s  economy.  The  other  goal  is  to   mandatory  for  all  online  businesses  to  provide  for  an  efficient
        streamline regulatory framework for e-commerce businesses in   customer  support and dispute resolution  mechanisms  and
        Pakistan,  to  contribute  achieving  higher  export  growth  through   Federal and provincial governments should make arrangements
        enhanced  activities  from  e-commerce  platforms,  to  promote   for establishing independent  alternate dispute  resolution
        small  e-businesses  and  create  employment  opportunities   centers  for expeditious settlement  of disputes. Taxation is  one
        through digital connectivity for empowering youth, especially in   of the major issues for stakeholders of online marketplaces. The
        remote areas. As per details, in 2017-18, the number of registered   Primary concerns relating to taxation are imposition of minimum
        e-commerce merchants was 496 which reached 1,094 by year-end   income tax, withholding tax and provincial sales tax. This policy
        and was around 1,242 by first quarter of 2018-19. E-commerce   framework  proposes  that  for  purposes  of  provincial  sales  tax,
        transactions processed by these merchants are also increasing   online businesses should be treated at par with other businesses
        proportionately.  Pakistan’s  e-commerce  industry  is  emerging   and  parallel  to  that,  provincial  sales  tax  regimes  should  be
        rapidly and has the potential to strengthen the country’s economy   harmonized to  address concerns  of online  marketplaces. In
        by  creating  more  job  opportunities,  linking  remote  areas  to  the   Pakistan,  business-to-consumer  (B2C) e-commerce model  has
        mainstream, development of small and medium enterprises and   grown  significantly  in  last  few  years  and  this  trend  is  likely  to
        finally enhancing exports through online platforms. For this, it is   continue. Logistics play a pivotal role in the B2C model. The main
        crucial to develop a policy framework for consumer protection, the   area  of  concern  to  be  addressed  is  system  automation  of  B2C
        role of the financial sector in optimizing its growth and its revenue-  players  and  third-party-logistics  (3PL)  businesses.  In  addition,
        generating  potential  in  the  medium  and  long  run.  This  policy   within framework of Pakistan’s National Transport Policy, a policy
        framework provides a glimpse of the current status of Pakistan’s   on logistics  shall  be formulated  to  address  concerns  relating
        e-commerce  as  country’s  basic  laws  concerning  Information   to  e-commerce  industry  including  expeditious  processing  for
        Technology (IT) extend legal recognition to transactions carried   export of low-priced small consumer goods. Another important
        out  in  digital  environment  and  electronic  payments.  However,   area is  Data  Ownership  and Localization which is  termed  as
        generally,  e-commerce  is  regulated  under  statutes  concerning   ‘oil’ of the digital industry and is the most valuable resource in
        traditional  commerce.  This  gives  rise  to  various  concerns  for   digital  economy.  To  unleash  the  true  potential  of  e-commerce,
        industry  and  the  concerned  authorities.  For  addressing  these   it is essential to localize data generated in Pakistan and prevent
        issues it is necessary to take measures for allowing re-export/  its  transfer  to  any  other  country  or  any  entity  not  incorporated
        re-shipment of goods, launch National Single Window (NSW) for   in Pakistan for the utilization of local digital industry. At present,
        speedy processing, especially for export of large volume of low-  Ministry  of  Information  Technology  and  Telecommunication
        cost goods/items. Moreover, in order to cater for possible impact   (MoIT)  is  in  process  of  formulating  Pakistan  Cloud  Policy.  The
        of import of digital goods in Pakistan, infrastructure and technical   said policy should also address issues concerning e-commerce.
        capacity should be developed to enable the government to impose   Overall,  this  policy  framework  is  aimed  at  ensuring  reasonable
        customs duties on such products on their import. At present, there   growth of e-commerce, creating employment opportunities and
        is no mechanism/registry for e-commerce businesses. This policy   generating revenue for state. (August 4, 2019) urdupoint.com

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