 ORGANIZACIÓN MUNDIAL  
DEL COMERCIO  S/DCS/W/DMA 
24 de enero de 2003  
 (03-0455) 
Comercio de Servicios  Original:   inglés 
   
DOMINICA 
 
Proyecto de Lista refundida de Compromisos Específicos
1 
 
 
 El documento adjunto contiene un proyect o de la Lista refundida de Compromisos 
Específicos de Dominica, en formato Word.  Este documento no sus tituye los compromisos 
jurídicamente vinculantes contraídos por Domini ca, en su Lista de Compromisos Específicos 
(GATS/SC/27; GATS/SC/27/Suppl.1).  
 Los proyectos de la Lista y de la Lista de Exenciones del trato NMF refundidas fueron 
preparados por la Secretaría, a petición de lo s Miembros, para facilitar el proceso de las 
negociaciones, incluida la presentación de ofertas iniciales.
 
 
_______________ 
 
 
                                                           
 1 Este documento se ha preparado, en inglés solament e, bajo la responsabilidad de la Secretaría y sin 
perjuicio de las posiciones de los Miembros ni de sus derechos y obligaciones en el marco de la OMC.  S/DCS/W/DMA 
Página 2 DOMINICA – SCHEDULE OF SPECIFIC COMMITMENTS 
Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
I. HORIZONTAL COMMITMENTS 
 
 3) Commercial presence re quires that foreign  
 service providers incorporate or establish the  
 business locally in accordance with the  
 relevant provision of the Laws of Dominica,   and where so required, be subject to relevant  
 Acts pertaining to property acquisition, lease  
 and rental, and any operating condition that   may be the subject of existing laws and  
 regulations.  Some of these are as follows: 
  
  
 (i) Withholding Tax .  Foreign investors and non- 
 resident earners of income are subject to the  
 Withholding Tax Provisions of the Income  
 Tax Act.    
 (ii) Aliens Landholding.   The Alien Landholding  
 Act requires foreign companies and   individuals wishing to hold property in  
 Dominica to first obtain a licence in order to  
 do so, within which conditions of purchase are 
 detailed. 
   
 (iii) Dominica reserves a number of small business 
 service opportunities for nationals. The room  
 limitation on Hotel Developments is within   the context of this policy.  In such 
 circumstances when foreign service providers 
 are permitted to operate, an economic needs  test may be required. 
  
  
 4) The entry of all foreign natural persons to  
 Dominica and their residence in Dominica is  
 regulated by immigration laws.     S/DCS/W/DMA
 Página 3Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
  The employment of foreign natural persons is  
 subject to Work Permit regulations and labour   laws.  Issue of permits is normally confined to  
 people with managerial and technical skills  
 which are in short supply or not available in   Dominica. 
   
 
  Professionals in certain disciplines may be  
 required to register with the appropriate   professional or governmental body. 
  
  
II. SECTOR SPECIFIC COMMITMENTS  
2. COMMUNICATION  
SERVICES 
    
B. Courier Services  
 1) None 
2) None 3) Subject to alien landholding regulations. 
4) Subject to work permits and immigration  
 regulations. 
 
 1) None 
2) None 3) Subject to withholding tax 
4) None 
 
  
 
C. Telecommunication  
 Services  
    See attached 
 additional 
 commitments on  regulatory disciplines. 
 
a. Voice telephone services 
 (CPC 7521) 
 1) Bypass of the network of exclusive operators  
 not permitted. 
2) None 
3) Reserved for exclusive operator. 4) As indicated in th e horizontal section. 
 1) None 
 
2) None 
3) None 4) None 
   S/DCS/W/DMA 
Página 4 Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
For public use  
 b. Packet-switched data  
 transmission services 
 (CPC 7523**) c. Circuit-switched data  
 transmission services 
 (CPC 7523**)  
 1) Bypass of the network of exclusive operator is  
 not permitted. 
2) None 3) Reserved for exclusive operator. 
4) As indicated in th e horizontal section. 
  
 1) None 
 
2) None 3) None 
4) None  
d. Telex services  
 (CPC 7523**) 
e. Telegraph services 
 (CPC 7522) f. Facsimile services 
 (CPC 7521** + 7529**) 
g. Private leased circuit   services  
 (CPC 7522**, 7523**) 
    
For non-public use : 
(i.e. closed user groups): 
 
b. Packet-switched data  
 transmission   (CPC 7523**) 
c. Circuit-switched data  
 transmission   (CPC 7523**) 
f. Facsimile services  
 (CPC 7521**, 7529**)  1) Only on network facilities supplied by the  
 exclusive operator. Bypass of exclusive  
 operator is not permitted. 
2) None 
3) Only on network facilities supplied by the   exclusive operator. Bypass of exclusive  
 operator is not permitted. 
4) As indicated in th e horizontal section 1) None 
 
 
2) None 
3) None  
 
4) None  
h. Electric mail  
 (CPC 7523**) i. Voice mail  
 (CPC 7523**) 
j. On-line information  and  data base retrieval  
 (CPC 7523**) 
k. Electronic data   interchange (CPC 7523**) 1) Only on network facilities supplied by the  
 exclusive operator. 2) None 
3) Only on network facilities supplied by the  
 exclusive operator. 4) As indicated in th e horizontal section. 1) None 
 2) None 
3) None 
 4) None    S/DCS/W/DMA
 Página 5Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
l. Enhanced value-added  
 facsimile services incl.   store and forward, store and 
 retrieve  
 (CPC 7523**) m. Code and protocol  
 conversion 
n. On-line information   and/or data processing  
 (incl. Transaction 
 processing)  (CPC 843**) 
 
   
   
   
 
o. Other 
 Internet and Internet  
 access services (except  voice) (CPC 75260) 
  
1) Only on facilities supplied by the exclusive  
 operator. 2) None 
3) Only on facilities supplied by the exclusive  
 operator. 
4) As indicated in th e horizontal section. 
  
1) None 
 2) None 
3) None 
 
4) None 
   
  S/DCS/W/DMA 
Página 6 Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
 Mobile services   
 (terrestrial based)   
  
  
 
- Cellular/mobile telephone  
 services 
- Mobile data services - Personal communications  
 services 
- Paging (CPC 75291) - Trunked radio system  
 services 
 1) Reserved for exclusive operator 
2) None 
3) Reserved for exclusive operator 4) As indicated in th e horizontal section. 
 
 1) None 
2) None 
3) None 4) None 
 
  
 
 Mobile services   (satellite-based) 
  
  
  
 
- Mobile telephone services  
- Mobile data services  
- Personal communications 
services 
 
- Paging  
- Trunked radio system 
services 
 1) Only on proof of arrangement between  
 satellite transport service provider and  
 exclusive operator, who is under obligation   not to limit the number of satellite transport  
 service providers with whom such  
 arrangements will be entered into. 
2) None 
3) Reserved to supply by exclusive operator in   accordance with arrangements noted above. 
4) As indicated in th e horizontal section. 
 1) None 
 
  
 
 
2) None 
3) None  
4) None 
  
   S/DCS/W/DMA
 Página 7Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
 Fixed satellite services 
 1) Only on proof of arrangement between  
 satellite transport service provider and   exclusive operator, who is under obligation  
 not to limit the number of satellite transport  
 service providers with whom such   arrangements will be entered into. 
2) None 
3) Only on satellite network capacity supplied by  the exclusive international operator.  Bypass  
 of the exclusive international operator is not  
 permitted. 4) As indicated in th e horizontal section. 
 1) None 
  
 
  
2) None 
3) None  
 
 4) None 
  
 
 Teleconferencing  services   (CPC 75292)  1) Only network fac ilities supplied by the  
 exclusive operator. 2) None 
3) Only on network facilities supplied by the  
 exclusive operator. 4) As indicated in th e horizontal section. 
 1) None 
 2) None 
3) None 
 4) None 
  
 
 Telecommunications  
 equipment sales, rental,  
 maintenance, connection,   repair and consulting  
 services 
 (CPC 75410 – 75450)  1) None 
2) None 
3) None 4) As indicated in th e horizontal section. 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the horizontal  
 section 
  
 
7. FINANCIAL SERVICES 
    
A. All Insurance and  
 Insurance-related Services  
    
C. Reinsurance  
 1) None 
2) None 
3) Subject to Insurance Act 4) Subject to work permits and immigration  
 regulations. 
 1) None 
2) None 
3) Subject to withholding tax. 4) None 
  
  S/DCS/W/DMA 
Página 8 Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
9. TOURISM AND TRAVEL  
 RELATED SERVICES     
 Hotels Development  
 1) Unbound* 
2) None 
3) Subject to alien landholding regulations,   exchange control regulations.  Limited to the  
 development of hotels in excess of 50 rooms.   
 Hotel development of less than 50 rooms may   be subject to an economic needs test. 
4) Limited to managerial and specialist skills  
 levels and as indicated in the horizontal   section.  Subject to work permit and  
 immigration regulations. 
 1) None 
2) None 
3) Subject to withholding tax.  
 
  
4) None 
    
 
10. RECREATIONAL,  
 CULTURAL AND 
 SPORTING SERVICES    
 
A. Entertainment Services  1) None 
2) None 
3) May be required to employ national artists and 
 entertainers.  Limited to theatre, musical  
 ensembles and bands, dance troupes.  Subject   to alien landholding regulations. 
4) Subject to work permits and immigration  
 regulations. 1) None 
2) None 
3) Subject to withholding tax. 
 
  
4) None  
                                                           
*  Unbound due to lack of technical feasibility 
   S/DCS/W/DMA
 Página 9Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
 
D. Sporting Services   
1) Unbound* 2) None 
3) Subject to alien landholding regulations. 
4) Subject to work permits and immigration   regulations.  
1) None 2) None 
3) Subject to withholding tax. 
4) None  S/DCS/W/DMA 
Página 10 
 
 
REFERENCE PAPER 
 Scope
 
 
The following are definitions and principles on the regulatory framework for the basic 
telecommunications services.    Definitions
 
 
Users  mean service consumers and service suppliers.   
 Essential facilities mean facilities of a public telecommunications transport network or service that  
(a) are exclusively or predominantly provided by a single or limited number of suppliers;  
and 
 
(b) cannot feasibly be economically or tec hnically substituted in order to provide a 
service. 
 
A major supplier is a supplier which has the ability to  materially affect the terms of participation 
(having regard to price and supply) in the releva nt market for basic telecommunications services as a 
result of:  
(a) control over essential facilities;  or 
 
(b) use of its position in the market. 
 1. Competitive safeguards
 
 1.1 Prevention of anti-competitive practices in telecommunications 
 
Appropriate measures shall be maintained for th e purpose of preventing suppliers who, alone or 
together, are a major supplier from engaging in  or continuing anti-competitive practices. 
 1.2 Safeguards 
 
The anti-competitive practices referred to above shall include in particular: 
 
(a) engaging in anti-competitive cross-subsidization;   
 
(b) using information obtained from compet itors with anti-competitive results;  and 
 
(c) not making available to other services suppliers on a timely basis technical 
information about essential facilities and co mmercially relevant information which 
are necessary for them to provide services.  
 
2. Interconnection
 
 2.1 This section applies to linking with supplie rs providing public telecommunications transport 
networks or services in order to allow the users of  one supplier to communicate with users of another 
supplier and  to access services provided by anothe r supplier, where specific commitments are 
undertaken. 
 
  S/DCS/W/DMA 
 Página 11 
 
 
 
 2.2 Interconnection to be ensured 
 
Interconnection with a major supplier will be ensured at  any technically feasible point in the network.  
Such interconnection is provided.  
(a) under non-discriminatory terms, conditi ons (including technical standards and 
specifications) and rates and of a quality no less favourable than that provided for its 
own like services or for like services of non-affiliated service suppliers or for its subsidiaries or other affiliates; 
 
(b) in a timely fashion, on terms, conditions (including technical standards and 
specifications) and cost-oriented rates that ar e transparent, reasonable, having regard 
to economic feasibility, and sufficiently unbundl ed so that the supplier need not pay 
for network components or facilities that it does not require for the service to be provided;  and 
 
(c) upon request, at points in addition to the network termination points offered to the 
majority of users, subject to charges that reflect the cost of construction of necessary 
additional facilities. 
 2.3 Public availability of the pro cedures for interconnection negotiations 
 The procedures applicable for interconnection to a major supplier will be made publicly available. 
 
2.4 Transparency of interconnection arrangements  It is ensured that a major supplier will make public ly available either its interconnection agreements 
or a reference interconnection offer. 
 
2.5 Interconnection:  dispute settlement  A service supplier requesting interconnection with  a major supplier will have recourse, either: 
 
(a) at any time or 
 
(b) after a reasonable period of time which has been made publicly known 
  to an independent domestic body, which may be  a regulatory body as referred to in paragraph 
5 below, to resolve disputes regarding a ppropriate terms, conditions and rates for 
interconnection within a reasonable period of tim e, to the extent that these have not been 
established previously. 
 3. Universal service
 
 
Any Member has the right to define the kind of uni versal service obligation it wishes to maintain.  
Such obligations will not be regarded as anti-comp etitive per se, provided they are administered in a 
transparent, non-discriminatory and competitively ne utral manner and are not more burdensome than 
necessary for the kind of universal service defined by the Member.     S/DCS/W/DMA 
Página 12 
 
 
4. Public availability of licensing criteria  
 Where a licence is required, the following will be made publicly available: 
 
(a) all the licensing criteria and the period of  time normally required to reach a decision 
concerning an application for a licence  and  (b) the terms and conditions  of  individual licences. 
 
The reasons for the denial of a licence will be  made known to the applicant upon request. 
 5. Independent regulators
 
 The regulatory body is separate from, and not accountable to, any supplier of basic 
telecommunications services. The decisions of and the procedures used by regulators shall be 
impartial with respect to all market participants.  6. Allocation and use of scarce resources
 
 
Any procedures for the allocation and use of scarce  resources, including frequencies, numbers and 
rights of way, will be carried out in an objective,  timely, transparent and non-discriminatory manner.  
The current state of allocated frequency bands will be made publicly available, but detailed 
identification of frequencies allocated for specific government uses is not required.  
__________ 
 