  
RESTRICTED  WORLD TRADE  
ORGANIZATION  TN/S/O/DOM 
27 October 2004 
 (04-4558)  
Council for Trade in Services 
Special Session  Original:   Spanish  
 
 
 
DOMINICAN REPUBLIC 
 
Initial Offer  
 
 
 The following communication, dated 1 October 2004, is being circulated to the Members of 
the Council for Trade in Services at the request  of the delegation of the Dominican Republic. 
 
_______________ 
 
1. Pursuant to paragraphs 15, 47 and 49 of the D oha Ministerial Declaration, and having regard 
to the objectives and flexibility provided for in Articles IV and XIX.2 of the GATS, the Dominican Republic submits its offer of commitments in the services sectors and modes included in the schedule 
below.  This offer is conditional on: 
(a) The overall trend in the WTO negotiations, ha ving regard to the need to secure an 
overall balance in the outcome of all the negotiations pursued under the Doha 
Ministerial Declaration. 
(b) The quality of offers submitted by the ot her WTO Members, having regard to the 
level of commitments offered by the other,  and especially the industrialized, countries 
in the sectors and modes of supply of interest to the Dominican Republic. 
(c) Progress in other areas of the negotiations on services, in particular the outcome of 
the negotiations on emergency safeguard  measures (Article X), subsidies 
(Article XV), and rule-mak ing under GATS Article VI.4. 
(d) The ability to promote at all times national policy objectives of an economic nature, 
through measures aimed at regulating pu blic and private services, regulating 
investment and diversifying the domestic economy, regulating competitiveness and 
protecting consumers, alleviating pover ty and improving living conditions for 
Dominican citizens, and ensuring the sustainable management of natural resources and the transfer of technology. 
(e) The ability to promote at all times national policy objectives of a non-economic 
nature, through measures aimed at regula ting general access for the population to a 
number of services, so as to protect and assu re public health, to protect and preserve 
cultural values and national identity, and to safeguard the environment. 
2. The Dominican Republic reserves the right to modi fy, extend, reduce or withdraw this offer, 
in whole or in part, at any time prior to the conclusi on of this negotiating ro und, and to make technical 
amendments or rectify any error, omission or inaccur acy in this offer.  The Dominican Republic also 
reserves the right to clarify and/or interpret th e terms and conditions laid down in this offer. TN/S/O/DOM 
Page 2 
 
 
3. This offer is based on the consolidat ed schedule of the Dominican Republic 
(S/DCS/W/DOM).  The section concerning financial services is drawn from the commitments annexed to the Fifth Protocol, which entered into e ffect for the Dominican Republic on 17 June 2003.  
The classification of services sectors and subsectors is based on the Provisional Central Product 
Classification (CPC) of the United Nations Statistics Division and follows the order of the Services 
Sectoral Classification List in WTO document MTN.GNS/W/120 of 10 July 1991.  
4. The editorial conventions used in this initia l offer follow the guidelines established by the 
WTO Secretariat in JOB(02)/88, i.e.:  
 BOLD – New text  
 STRIKE OUT– Deleted text 
 ITALICS – Where any new or deleted text constitu tes merely a technical refinement that does 
not alter the scope or the substance of an existing commitment. 
   
_______________ 
 
  
   TN/S/O/DOM
 Page 3DOMINICAN REPUBLIC – DRAFT INITIAL OFFER  
Modes of supply: (1)  Cross-border supply (2) Consumption abroad (3) Commercial presence (4)  Presence of natural persons 
Sector or subsector Limitations on market access Limitations on national  treatment Additional commitments 
I. HORIZONTAL COMMITMENTS  
ALL SECTORS INCLUDED IN 
THIS SCHEDULE    
 3) Foreign investment must be authorized by the 
Directorate of Foreign Investment, and 
subsequently registered in the Central Bank register of foreign investment and technology 
transfer contracts. 
 
Foreign investment is prohibited in the 
following areas: 
 
a)  Disposal and storage of toxic, 
hazardous or radioactive waste not 
produced in the country; 
 b)  activities liable to  affect public health or 
the country's environmental 
equilibrium, as specified in the relevant regulatory provisions;  and 
 
c) production of materials and equipment 
directly related to national defence and 
security, without express authorization from the Government. 
 
Paragraph I.  Where foreign investment is 
liable to affect the ecosystem in the 
investment area, the investor is required to 
submit a project that includes remedying any 
ecologic damage it might cause. 
 
The ann
ual profits generated by foreign capital 
that has been duly registered with the Central 
Bank may be remitted abroad up to an amount 
equivalent to 25 per cent of the registered 
capital.    TN/S/O/DOM 
Page 4 Modes of supply: (1)  Cross-border supply (2) Consumption abroad (3) Commercial presence (4)  Presence of natural persons 
Sector or subsector Limitations on market access Limitations on national  treatment Additional commitments 
  Registration of foreign investment is restricted 
by the following provisions:  
   
 a) totally prohibited in public services, such 
as drinking water, sewage and postal 
services and any other area that the 
Directorate declares closed to foreign 
investment;  
 
b) limited to a percentage not exceeding 
29 per cent of the equity in:  
   
   - production of material and 
equipment directly related to 
national defence and security;  
 
  - advertising, broadcasting, 
newspapers, magazines, 
publishing and mass 
communication media;  
   
   - internal land transport, except 
where directly relate d to import 
and export, internal air transport, 
maritime transport, and   
cabotageand international 
maritime transport;    
   - forestry;   
 c) limited to a percentage not exceeding 
49 per cent of the equity in:  
 
  - crop, livestock and poultry 
farming;  
 
  - fishery;  
 
  - insurance.      TN/S/O/DOM
 Page 5Modes of supply: (1)  Cross-border supply (2) Consumption abroad (3) Commercial presence (4)  Presence of natural persons 
Sector or subsector Limitations on market access Limitations on national  treatment Additional commitments 
 
 In other areas the registration of capital 
investment may be authorized without 
percentage limits, except that foreign 
investment for the purchase of property for 
speculative purposes may not be registered. 
This does not concern  the purchase of real 
estate for the purpose of carrying out 
tourism projects.  
 
 No legal person or enterprise may acquire 
land located within 60 metres of the high 
water mark along the coastline of the 
Dominican Republic.  Likewise, purchases 
of land by f oreign legal persons or 
enterprises are limited to 5,000 m2. Above 
this limit, authorization in the form of a 
presidential decree is required. All foreign 
companies must recruit a minimum of 80 
per cent of Dominican employees.  In 
special circumstances, the employment of 
more foreigners may be authorized when it 
is hard or impossible to replace them by 
Dominicans, with the obligation for the 
company to train Dominican staff. 
 
  TN/S/O/DOM 
Page 6 Modes of supply: (1)  Cross-border supply (2) Consumption abroad (3) Commercial presence (4)  Presence of natural persons 
Sector or subsector Limitations on market access Limitations on national  treatment Additional commitments 
 4) Unbound, except for senior and specialized 
staff associated with commercial presence who 
must contribute to the training of Dominican personnel in the areas of specialization 
concerned.  Market access for foreign natural 
persons is subject to the requirement of a work permit and a work visa. 
 
 The provision in the Dominican Repub
lic, 
through the presence of natural persons, of 
professional services such as legal, accounting, 
consultancy, engineering, architectural and 
medical services, is subject to the fulfilment of 
the requirements laid down in the laws 
governing the exercise of  such professions.  
 4) Unbound, except Under the Tax Code, 
income received by foreigners in the form of 
payment of dividends, royalties and interest 
is subject to payment of the taxes provided 
for by law.  
 
  The laws relating to labour are territorial, 
and apply to Dominicans and foreigners 
without distinction, except as otherwise 
provided for in international agreements. 
The law recognizes as basic rights of 
workers, inter alia , freedom of association, 
vocational training and respect for physical 
integrity , privacy and personal dignity.  
    TN/S/O/DOM
 Page 7Modes of supply: (1)  Cross-border supply (2) Consumption abroad (3) Commercial presence (4)  Presence of natural persons 
Sector or subsector Limitations on market access Limitations on national  treatment Additional commitments 
II. SECTOR-SPECIFIC COMMITMENTS  
1. BUSINESS SERVICES 
 
A. Professional services  
    
 Legal advisory and 
information services 
 (CPC 86190) 
 1) None 
2) None 
3) None 
4) Unbound  
 1) Unbound 
2) Unbound 
3) None 
4) Unbound  
  
 Financial auditing services 
 (CPC 86211) 
 1) None 2) None 3) None 
4) Unbound 
 1) Unbound 
2) None 3) Unbound 
4) Unbound 
  
 Accounting review services 
 (CPC 86212) 
 1) None 2) None 3) None 
4) Unbound 
 1) Unbound 
2) None 3) Unbound 
4) Unbound 
  
 Compilation of financial 
statement services 
 (CPC 86213) 
 1) None 
2) None 
3) None 4) Unbound 
 1) Unbound 
2) None 
3) Unbound 4) Unbound 
   TN/S/O/DOM 
Page 8 Modes of supply: (1)  Cross-border supply (2) Consumption abroad (3) Commercial presence (4)  Presence of natural persons 
Sector or subsector Limitations on market access Limitations on national  treatment Additional commitments 
 Other accounting services 
 (CPC 86219)  
 1) None 
2) None 
3) None 4) Unbound 
 1) Unbound 
2) None 
3) Unbound 4) Unbound 
  
 Corporate tax planning and 
consulting services 
 (CPC 86301) 
 1) None 
2) None 3) None 
4) Unbound 
 1) Unbound 
2) None 3) Unbound 
4) Unbound 
  
 Corporate tax preparation 
and review services 
 (CPC 86302) 
 1) None 
2) None 
3) None 4) Unbound 
 1) Unbound 
2) None 
3) Unbound 4) Unbound 
  
 Individual tax preparation 
and planning services 
 (CPC 86303) 
 1) None 2) None 
3) None 
4) Unbound  1) Unbound 
2) None 
3) Unbound 
4) Unbound   
 Other tax related services 
 (CPC 86309) 
 1) None 2) None 
3) None 
4) Unbound  1) Unbound 
2) None 
3) Unbound 
4) Unbound 
    TN/S/O/DOM
 Page 9Modes of supply: (1)  Cross-border supply (2) Consumption abroad (3) Commercial presence (4)  Presence of natural persons 
Sector or subsector Limitations on market access Limitations on national  treatment Additional commitments 
 Market research and public 
opinion polling services 
 (CPC 864)  
 1) None 
2) None 
3) None 4) Unbound, except as indicated in the horizontal 
section. 
 1) None 
2) None 
3) None 4) Unbound, except as indicated in the horizontal 
section. 
  
 Management consulting 
services 
 (CPC 865) 
 1) None 
2) None 
3) None 
4) Unbound, except as indicated in the horizontal 
section. 1) None 
2) None 
3) None 
4) Unbound, except as indicated in the horizontal 
section. 
  
 Architectural services 
 (CPC 8671) 
 1) None 
2) Unbound 
3) None 
4) Unbound, except as indicated in the horizontal 
section.  Prior permit required, as well as 
compliance with the laws and regulations of 
the Dominican College of Engineers, Architects 
and Surveyors of the Dominican Republic 
(CODIA). 
 1) None 
2) Unbound 
3) Unbound 
4) Unbound, except as indicated in the horizontal 
section. 
  
 Engineering services 
 (CPC 8672) 
 1) None 2) Unbound 
3) None 
4) Unbound, except as indicated in the horizontal 
section.  Prior permit required, as well as compliance with the laws and regulations of 
the Dominican College of Engineers, Architects 
and Surveyors of the Dominican Republic (CODIA). 
 1) None 
2) Unbound 
3) Unbound 
4) Unbound, except as indicated in the horizontal 
section. 
   TN/S/O/DOM 
Page 10 Modes of supply: (1)  Cross-border supply (2) Consumption abroad (3) Commercial presence (4)  Presence of natural persons 
Sector or subsector Limitations on market access Limitations on national  treatment Additional commitments 
 Integrated engineering 
services 
 (CPC 8673)  
 1) None 
2) Unbound 
3) None 4) Unbound, except as indicated in the horizontal 
section.  Prior permit required, as well as 
compliance with the laws and regulations of 
the Dominican College of Engineers, Architects 
and Surveyors of the Dominican Republic 
(CODIA). 
 1) None 
2) Unbound 
3) Unbound 4) Unbound, except as indicated in the horizontal 
section. 
  
 Urban planning and 
landscape architectural 
services 
 (CPC 8674) 
 1) None 2) Unbound 
3) None 4) Unbound, except as indicated in the horizontal 
section.  Prior permit required, as well as 
compliance with the laws and regulations of 
the Dominican College of Engineers, Architects 
and Surveyors of the Dominican Republic 
(CODIA). 
 1) None 
2) Unbound 
3) Unbound 4) Unbound, except as indicated in the horizontal 
section. 
  
 Medical and dental practice 
services 
 (CPC 9312) 
 1) Unbound 
2) None 
3) None 
4) Unbound, except as indicated in the horizontal 
section.  Prior permit required, as well as 
compliance with the regulations of the 
Dominican Medica l Association 
(AMD) College of Physicians health 
associations . 
 1) Unbound 
2) Unbound 
3) Unbound 
4) Unbound, except as indicated in the horizontal 
section. 
  
 Social services 
 (CPC 933) 
 1) Unbound 2) None 
3) None 4) Unbound, except as indicated in the horizontal 
section.  Prior permit required, as well as 
compliance with the regulations of the 
Dominican Medical Association (AMD)
 health 
associations . 
 1) Unbound 
2) Unbound 
3) Unbound 4) Unbound, except as indicated in the horizontal 
section. 
    TN/S/O/DOM
 Page 11Modes of supply: (1)  Cross-border supply (2) Consumption abroad (3) Commercial presence (4)  Presence of natural persons 
Sector or subsector Limitations on market access Limitations on national  treatment Additional commitments 
 Related scientific and 
technical consulting services 
 (CPC 8675)  
 1) None 
2) Unbound 
3) None 4) Unbound 
 1) None 
2) Unbound 
3) Unbound 4) Unbound 
  
 Technical testing and 
analysis services 
 (CPC 8676) 
 1) None 
2) Unbound 3) None 
4) Unbound 
 1) None 
2) Unbound 3) Unbound 
4) Unbound 
  
 Advertising services 
 (CPC 871) 
 1) None 2) None 
3) None 4) Unbound 
 1) None 
2) None 
3) Unbound 4) Unbound 
  
 Building cleaning services 
 (CPC 874)  1) Unbound* 
2) Unbound* 
3) None 
4) Unbound 1) Unbound* 
2) Unbound 
3) Unbound 4) Unbound  
B. Computer and related  
 services  
    
a) Consultancy services related 
to the installation of 
computer hardware 
 (CPC 841)  1) Unbound  
2) Unbound 3) None 4) Unbound 
 1) Unbound
 
2) Unbound 
3) Unbound 4) Unbound 
  
b) Software implementation 
services 
 (CPC 842) 
 1) Unbound 
2) Unbound 
3) None 
4) Unbound  1) Unbound 
2) Unbound 
3) Unbound
 
4) Unbound   
c) Data processing services  
 (CPC 843)  1) Unbound 
2) Unbound 
3) None 1) Unbound 
2) Unbound 
3) Unbound  
                                                      
*  Not technically feasible. 
 
  TN/S/O/DOM 
Page 12 Modes of supply: (1)  Cross-border supply (2) Consumption abroad (3) Commercial presence (4)  Presence of natural persons 
Sector or subsector Limitations on market access Limitations on national  treatment Additional commitments 
4) Unbound 
 4) Unbound 
 
d) Data base services 
 (CPC 844) 
 1) Unbound 2) Unbound 3) None 
4) Unbound 
 1) Unbound 
2) Unbound 3) Unbound 
4) Unbound 
  
e) Other  
 
 Maintenance and repair 
services of office machinery 
and equipment, including 
computers 
 (CPC 845) 
  
 
1) Unbound 
2) Unbound  
3) None 
4) Unbound 
  
 
1) Unbound 
2) Unbound  
3) Unbound 
4) Unbound 
  
 Other computer services 
 (CPC 849) 
 1) Unbound 2) Unbound 3) None 
4) Unbound 
 1) Unbound 
2) Unbound 3) Unbound 
4) Unbound 
  
C. Research and development 
services  
    
a) Research and development 
services on natural sciences 
 (CPC 851) 
 1) None 
2) Unbound 
3) None 4) Unbound 
 1) None 
2) Unbound 
3) None 4) Unbound 
    TN/S/O/DOM
 Page 13Modes of supply: (1)  Cross-border supply (2) Consumption abroad (3) Commercial presence (4)  Presence of natural persons 
Sector or subsector Limitations on market access Limitations on national  treatment Additional commitments 
b) Research and development 
services on social sciences 
and humanities 
 (CPC 852)  
 1) None 
2) Unbound 
3) None 4) Unbound 
 1) None 
2) Unbound 
3) None 4) Unbound 
  
c) Interdisciplinary research 
and development services 
 (CPC 853) 
 1) None 2) Unbound 3) None 
4) Unbound 
 1) None 
2) Unbound 3) None 
4) Unbound 
  
F. Other business services  
 
f) Agricultural, mining and 
manufacturing services 
    
 Services incidental to 
agriculture, hunting and 
forestry 
 (CPC 881) 
 1) None 2) Unbound 
3) None 4) Unbound 
 1) Unbound 
2) Unbound 
3) Unbound 4) Unbound 
  
 Services incidental to 
fishing 
 (CPC 882) 
 1) None 
2) Unbound 
3) None 
4) Unbound  1) Unbound 
2) Unbound 
3) Unbound 
4) Unbound 
  
 Services incidental to 
mining 
 (CPC 883) 
 1) None 
2) Unbound 3) None 
4) Unbound
 
 1) Unbound  
2) Unbound 
3) Unbound 
4) Unbound   
 Services incidental to 
manufacturing on a fee or 
contract basis 
 (CPC 884) 
 1) None 2) Unbound 
3) None 4) Unbound 
 1) Unbound 
2) Unbound 
3) Unbound 4) Unbound 
 
 
 
   TN/S/O/DOM 
Page 14 Modes of supply: (1)  Cross-border supply (2) Consumption abroad (3) Commercial presence (4)  Presence of natural persons 
Sector or subsector Limitations on market access Limitations on national  treatment Additional commitments 
 Services incidental to the 
manufacture of metal 
products, machinery and 
equipment 
 (CPC 885) 
 1) None 
2) Unbound 
3) None 
4) Unbound 
 1) Unbound 
2) Unbound 
3) Unbound 4) Unbound 
  
 Repair services incidental to 
metal products, machinery 
and equipment 
 (CPC 886) 
 1) None 2) Unbound
 
3) None 4) Unbound  1) Unbound 
2) Unbound
 
3) Unbound 4) Unbound   
 Services incidental to 
energy distribution 
 (CPC 887) 
 1) None 
2) Unbound 
3) None 4) Unbound 
 1) Unbound 
2) Unbound 
3) Unbound 4) Unbound 
    TN/S/O/DOM
 Page 15Modes of supply: (1)  Cross-border supply (2) Consumption abroad (3) Commercial presence (4)  Presence of natural persons 
Sector or subsector Limitations on market access Limitations on national  treatment Additional commitments 
2.C. TELECOMMUNICATIONS SERVICES 
 
 The commitments undertaken in this schedule are subject to the following general conditions: 
 
 Regulatory issues  
1. The telecommunications regulatory body, which at the time of this offer is the Directorate -General of Telecommunications (DGT) Dominican Telecommunications 
Institute (INDOTEL), is a decentralized state agency endowed with functional, judicial and financial autonomy. legal personalit y and its own capital resources.  
INDOTEL is empowered to regulate and contro l telecommunications.  It operates under th e regulatory and supervisory authority of  the Comptroller General of 
the Republic. , specifically supervises regulator y matters pertaining to the sector, including the establishment and enforcement of regulations.  It is the competent body 
nationwide and is separate from any private telecommunications supp lier.  However, it directly administers part of the rural te lephone network.  Several private operators 
indirectly administer basic tel ecommunications services on behalf of  the State under a concession system.  
 
2. The regulatory body is mandated to: 
(a)  Promote the development of telecommunications by implementing th e principle of universal service defined in the General Telecom munications Law 
(No. 153-98); 
(b)  guarantee sustainable, fair and eff ective competition in the provision of  public telecommunication services; 
(c)  defend and enforce the rights of its clients, users and providers of such services by issuing the appropriate regulations, ensu ring compliance with the 
obligations incumbent on each party, and,  where necessary, applying pe nalties for infringement, in accordance with the provisio ns of the General 
Telecommunications Law (No. 153-98) and its regulations;  and 
(d)  ensure efficient use of the radioelectric spectrum as part of the public domain. 
 
3.  Any terminal or other type of equipment produced abroad that  interfaces with the public-switched telephone network must be ap proved in accordance with the standards 
established for World Numbering Zone 1.  The regul atory body may require evidence of such type-approval.  
 
4. Article 51 of Law No. 153-98 establishes that  interconnection of the networks operated by the various public telecommunication services providers is a matter of 
public and social interest and is th erefore mandatory within the meanin g of this Law and its regulations. Any reference in the offer to the conditions to be ensured in 
regard to interconnection with the major supplier will be regarded as valid for all supp liers with operating concessions.  
  TN/S/O/DOM 
Page 16 Modes of supply: (1)  Cross-border supply (2) Consumption abroad (3) Commercial presence (4)  Presence of natural persons 
Sector or subsector Limitations on market access Limitations on national  treatment Additional commitments 
 
a) Voice telephone services 
 (CPC 7521) b) Packet-switched data 
transmission 
 (CPC 7523) 
c) Circuit-switched data 
transmission 
 (CPC 7523) 
d) Telex services 
 (CPC 7523) e) Telegraph services 
 (CPC 7522) 
f) Facsimile services 
 (CPC 7521 and 7529) 
g) Private leased circuit 
services 
 (CPC 7522 and 7523) 
 
Other: 
 
 Connection and 
interconnection services 
(CPC 7543 and 7525) 
 
 Paging services  
(CPC 75291) 
  
1) Unbound 
2) Unbound 3) The following requirements must be fulfilled: 
 
 a) Establish legal domicile in Dominican 
territory; 
 
 b) be set up as a legal person in the 
Dominican Republic;  and 
 
 c) obtain authorization from the 
telecommunications regulatory body, 
which at the time of this offer is the 
Directorate General of 
Telec ommunications (DGT) Dominican 
Telecommunications Institute 
(INDOTEL) . 
 
4) Unbound, except as indicated in the horizontal 
sectioncommitments established in the 
Dominican Republic's Uruguay Round 
Schedule of Services (GATS/SC/28) . 
  
1) Unbound 
2) Unbound 3) Unbound
 
 
 
 
  
 
  
 
  
 
 
4) Unbound, except as indicated in the horizontal 
sectioncommitments established in the 
Dominican Republic's Uruguay Round Schedule 
of Services (GATS/SC/28) . 
  
Set out in the attached 
reference paper. 
 
 Mobile maritime and 
air-to-ground 
telecommunication 
services 
(CPC 75299) 
      TN/S/O/DOM
 Page 17Modes of supply: (1)  Cross-border supply (2) Consumption abroad (3) Commercial presence (4)  Presence of natural persons 
Sector or subsector Limitations on market access Limitations on national  treatment Additional commitments 
 Other telecommunication 
services 
 (CPC 7529) 
 1) As cross-border supply requires the use of the 
national and internati onal telecommunication 
networks, the relevant rules established by the Directorate
-General o f Telecommunications  
Dominican Telecommunications Institute 
(INDOTEL) must be complied with. 
2) None 
3) None 
4) Unbound, except as indicated in the horizontal 
section. 
 1) As cross-border supply requires the use of the 
national and internati onal telecommunication 
networks, the relevant rules established by the Directorate
-General of Telecommunications  
Dominican Telecommunications Institute 
(INDOTEL)  must be complied with. 
2) None 
3) None 4) Unbound, except as indicated in the horizontal 
section. 
  
D. Audiovisual services  
 
d) Radio and television cable 
services 
 (CPC 7524) 
  
 
1) As cross-border supply requires the use of the 
national and internati onal telecommunication 
networks, the relevant rules established by the 
Directorate -General of Telecommunications  
Dominican Telecommunications Institute 
must be complied with.   
 
1) As cross-border supply requires the use of the 
national and internati onal telecommunication 
networks, the relevant rules established by the 
Directorate -General of Telecommunications  
Dominican Telecommunications Institute 
must be complied with.   
 2) None 
3) None 
4) Unbound, except as indicated in the horizontal 
section. 
 2) None 
3) None 
4) Unbound, except as indicated in the horizontal 
section. 
  
 Sound and images 
transmission services, on a 
fee or contract basis 
 (CPC 7525) 
 1) As cross-border supply requires the use of the 
national and internati onal telecommunication 
networks, the relevant rules established by the 
Directorate -General of Telecommunications  
Dominican Telecommunications Institute 
must be complied with.  1) As cross-border supply requires the use of the 
national and internati onal telecommunication 
networks, the relevant rules established by the 
Directorate -General of Telecommunications  
Dominican Telecommunications Institute 
must be complied with.   
 2) None 
3) None 4) Unbound, except as indicated in the horizontal 
section. 
 2) None 
3) None 4) Unbound, except as indicated in the horizontal 
section. 
   TN/S/O/DOM 
Page 18 Modes of supply: (1)  Cross-border supply (2) Consumption abroad (3) Commercial presence (4)  Presence of natural persons 
Sector or subsector Limitations on market access Limitations on national  treatment Additional commitments 
3. CONSTRUCTION AND 
RELATED 
ENGINEERING SERVICES 
 
 Construction work 
 (CPC 511) 
   
  
 
1) Unbound
*None  
2) Unbound 
3) None 
4) Unbound, except as indicated in the horizontal 
section.  Prior permit required, as well as 
compliance with the laws and regulations of 
the Dominican College of Engineers, Architects 
and Surveyors of the Dominican Republic 
(CODIA). 
  
 
  
 
1) Unbound
* 
2) Unbound 
3) None 4) Unbound, except as indicated in the horizontal 
section. 
  
A. General construction work 
for buildings  
 (CPC 512) 
 1) Unbound*None  
2) Unbound 
3) None 
4) Unbound, except as indicated in the horizontal 
section.  Prior permit required, as well as 
compliance with the laws and regulations of 
the Dominican College of Engineers, Architects 
and Surveyors of the Dominican Republic 
(CODIA). 
 1) Unbound* 
2) Unbound 
3) None 
4) Unbound, except as indicated in the horizontal 
section. 
  
                                                      
*  Not technically feasible. 
 
 
   TN/S/O/DOM
 Page 19Modes of supply: (1)  Cross-border supply (2) Consumption abroad (3) Commercial presence (4)  Presence of natural persons 
Sector or subsector Limitations on market access Limitations on national  treatment Additional commitments 
B. General construction work 
for civil engineering  
 (CPC 513)  1) Unbound* 
2) Unbound 
3) None 1) Unbound* 
2) Unbound 
3) None  
 4) Unbound, except as indicated in the horizontal 
section.  Prior permit required, as well as 
compliance with the laws and regulations of 
the Dominican College of Engineers, Architects 
and Surveyors of the Dominican Republic 
(CODIA). 
 4) Unbound, except as indicated in the horizontal 
section. 
 
  
 
  
C. Assembly and erection of 
pre-fabricated constructions  
 (CPC 514) 
 1) Unbound* 
2) Unbound 
3) None 
4) Unbound, except as indicated in the horizontal 
section.  Prior permit required, as well as compliance with the laws and regulations of 
the Dominican College of Engineers, Architects 
and Surveyors of the Dominican Republic 
(CODIA). 
 1) Unbound
* 
2) Unbound 
3) None 
4) Unbound, except as indicated in the horizontal 
section. 
  
D. Building completion and 
finishing work  
 (CPC 517)  1) Unbound 
2) Unbound 
3) None 1) Unbound* 
2) Unbound 
3) None  
 4) Unbound, except as indicated in the horizontal 
section.  Prior permit required, as well as 
compliance with the laws and regulations of 
the Dominican College of Engineers, Architects 
and Surveyors of the Dominican Republic (CODIA). 
 4) Unbound, except as indicated in the horizontal 
section. 
 
 
 
   
                                                      
*  Not technically feasible. 
  
 
  TN/S/O/DOM 
Page 20 Modes of supply: (1)  Cross-border supply (2) Consumption abroad (3) Commercial presence (4)  Presence of natural persons 
Sector or subsector Limitations on market access Limitations on national  treatment Additional commitments 
 Renting services related to 
equipment for construction 
or demolition of buildings 
 (CPC 518)  
 1) Unbound* 
2) Unbound 
3) None 
4) Unbound, except as indicated in the horizontal 
section.  Prior permit required, as well as compliance with the laws and regulations of 
the Dominican College of Engineers, Architects 
and Surveyors of the Dominican Republic (CODIA). 
 1) Unbound
* 
2) Unbound 
3) None 
4) Unbound, except as indicated in the horizontal 
section. 
  
 Construction of buildings
 (CPC 521) 
 
 Civil engineering works 
 (CPC 522) 
 
 Other engineering works 
 (CPC 529) 
 1) Unbound* 
2) Unbound 
3) None 
4) Unbound, except as indicated in the horizontal 
section.  Prior permit required, as well as 
compliance with the laws and regulations of 
the Dominican College of Engineers, Architects 
and Surveyors of the Dominican Republic 
(CODIA). 
 1) Unbound* 
2) Unbound 3) None 
4) Unbound, except as indicated in the horizontal 
section. 
  
E. Other  
 
 Special trade construction 
work 
 (CPC 515) 
 1) Unbound 
2) Unbound 
3) None 4) Unbound, except as indicated in the horizontal 
section.  Prior permit required, as well as 
compliance with the laws and regulations of 
the Dominican College of Engineers, Architects 
and Surveyors of the Dominican Republic (CODIA). 
 1) Unbound
* 
2) Unbound 
3) None 
4) Unbound, except as indicated in the horizontal 
section. 
  
                                                      
*   Not technically feasible. 
  
 
   TN/S/O/DOM
 Page 21Modes of supply: (1)  Cross-border supply (2) Consumption abroad (3) Commercial presence (4)  Presence of natural persons 
Sector or subsector Limitations on market access Limitations on national  treatment Additional commitments 
 Installation work 
 (CPC 516)  1) Unbound* 
2) Unbound 1) Unbound* 
2) Unbound  
 3) None 
4) Unbound, except as indicated in the horizontal 
section.  Prior permit required, as well as 
compliance with the laws and regulations of 
the Dominican College of Engineers, Architects 
and Surveyors of the Dominican Republic 
(CODIA). 
 3) None 
4) Unbound, except as indicated in the horizontal 
section. 
  
                                                      
*   Not technically feasible. 
  TN/S/O/DOM 
Page 22 Modes of supply: (1)  Cross-border supply (2) Consumption abroad (3) Commercial presence (4)  Presence of natural persons 
Sector or subsector Limitations on market access Limitations on national  treatment Additional commitments 
7. FINANCIAL SERVICES 
 
 Wholesale deposit services 
 (CPC 81115) 
  Other bank deposit services 
 (CPC 81116) 
  Other deposit services 
 (CPC 81119) 
  
 
1) Unbound 
2) Unbound 
3) In addition to the horizontal measures which 
apply to all sectors, it   is necessary to submit a 
feasibility study justifying the economic need 
for the establishment of the requesting 
enterprise in the Dominican Republic. 
 
The equity participation of foreign investors in 
banks  established or wishing to establish 
themselves in the Dominican Republic is 
restricted to 49 per cent of the subscribed and 
paid-up capital.  
 
 Corporations set up in accordance with the laws 
of the Dominican Republic expressly and 
exclusively to engage in banking business and 
the branches or agencies of foreign banking 
institutions duly authorized for such operations 
in the country of origin must submit an 
application to the Monetary Board of the 
Central Bank of the Dominican Republic 
andthrough  the Office of the Superintendent of 
Banks. 
  
 
1) Unbound 
2) Unbound 
3) In order for a foreign bank which is not already 
established in the country to establish a branch or agency in the Domini can Republic, it must 
submit the following documents: 
 
 - Its memorandum and articles of association 
in the country of origin; 
  
 - the legal authorization justifying its 
existence in the country of origin; 
 
 - evidence that the bank can legally establish 
branches or agencies, in  conformity with its 
articles and the laws of the country of origin; 
 
 - the name of the legal representative or 
representatives entrusted with the 
administration of the bran ch or agency in the 
Dominican Republic; 
 
 - a statement showing the capital and reserves 
allocated to the branch for its own 
operations; 
    TN/S/O/DOM
 Page 23Modes of supply: (1)  Cross-border supply (2) Consumption abroad (3) Commercial presence (4)  Presence of natural persons 
Sector or subsector Limitations on market access Limitations on national  treatment Additional commitments 
  Establishment in the Dominican Republic 
requires compliance with the rules of banking 
and prudent management adopted by the 
Monetary Board.  
 
 A minimum of RD$75 million RD$90 million  
of subscribed and paid-up capital is required, 
plus a minimum of RD$15 million in reserves,  
in order to open commercial banks authorized 
to offer multiple services.  These amounts may 
be modified by the Monetary Board. 
 
 With respect to legal reserves, the level 
specified by the Monetary Board must be held 
in cash in the Central Bank and the individual 
banks . 
4) Unbound, except as indicated in the horizontal 
section. 
  - the Government Order authorizing the 
institution to establish domicile in the 
Dominican Republic. 
 
 
 
  
 
  
 
  
 
4) Unbound, except as indicated in the horizontal 
section. 
  
 Central bank deposit 
services 
 (CPC 81111) 
 
 
 Central bank reserve 
management services 
 (CPC 81113) 
 1) None 
2) Unbound 
3) Unbound 4) Unbound, except as indicated in the horizontal 
section. 
 1) None 
2) Unbound 
3) Unbound 4) Unbound, except as indicated in the horizontal 
section. 
  
 Financial leasing services 
with option to buy and 
factoring 
 (CPC 81120) 
 1) Unbound 
2) Unbound 
3) Foreign equity participation up to 49 per cent of 
capital permitted. None  
4) Unbound, except as indicated in the horizontal 
section. 
 1) Unbound 
2) Unbound 
3) Unbound None  
 
4) Unbound, except as indicated in the horizontal 
section. 
   TN/S/O/DOM 
Page 24 Modes of supply: (1)  Cross-border supply (2) Consumption abroad (3) Commercial presence (4)  Presence of natural persons 
Sector or subsector Limitations on market access Limitations on national  treatment Additional commitments 
 Insurance (including 
reinsurance) and pension 
fund services, except 
compulsory social security 
services 
 (CPC 812) 
 1) Unbound 2) Unbound 
3) Foreign equity participation up to 49 per cent of 
capital permitted. None  
4) Unbound, except as indicated in the horizontal 
section. 
 1) Unbound 
2) Unbound 
3) Unbound 
 
4) Unbound, except as indicated in the horizontal 
section. 
  
 Mortgage loan services 
 (CPC 81131)  
 1) None, except that Dominican residents must 
register credit operations with the Central Bank. 
2) Unbound 
3) Participation of foreign shareholders restricted 
to 49  per cent of the capital subscribed and paid 
up.None  
4) Unbound, except as indicated in the horizontal 
section.  
 1) None, except that foreign natural or legal persons 
require a Government Order. 
2) Unbound 
3) Unbound None  
 
 
4) Unbound, except as indicated in the horizontal 
section.  
  
 Personal instalment loan 
services 
 (CPC 81132) 
 1) None, except that Dominican residents must 
register credit operations with the Central Bank. 
2) Unbound 3) Participation of foreign shareholders restricted 
to 49  per cent of the capital subscribed and paid 
up.None  
4) Unbound, except as indicated in the horizontal 
section. 
 1) Unbound 
 
2) Unbound 
3) Unbound None 
 
 
4) Unbound, except as indicated in the horizontal 
section. 
  
 Credit card services 
 (CPC 81133) 
 1) None 2) None 
3) Authorization required from the International 
Department of the Central Bank. 
4) Unbound, except as indicated in the horizontal 
section. 
 1) None 
2) None 
3) Unbound 
 
4) Unbound, except as indicated in the horizontal 
section. 
    TN/S/O/DOM
 Page 25Modes of supply: (1)  Cross-border supply (2) Consumption abroad (3) Commercial presence (4)  Presence of natural persons 
Sector or subsector Limitations on market access Limitations on national  treatment Additional commitments 
 Closed-end investment trust 
services 
 (CPC 81191) 
 
 Open-ended investment and 
other unit trust services 
 (CPC 81193) 
 1) Unbound 
2) Unbound 
3) None, except as indicated in the horizontal 
section. 
4) Unbound, except as indicated in the horizontal 
section. 
 1) Unbound 
2) Unbound 
3) Unbound 
 
4) Unbound, except as indicated in the horizontal 
section. 
  
 Property unit trust services 
 (CPC 81192) 
 1) Unbound 
2) Unbound 
3) Restricted to investment in tourist-trade and 
residential properties. 
4) Unbound, except as indicated in the horizontal 
section. 
 1) Unbound 
2) Unbound 
3) Unbound 
 
4) Unbound, except as indicated in the horizontal 
section. 
  
 Services related to securities   
 markets 
 (CPC 8132) 
 
 1) Unbound 
2) Unbound 
3) None, except as indicated in the horizontal 
section. 
4) Unbound, except as indicated in the horizontal 
section. 
 1) Unbound 
2) Unbound 
3) Unbound 
 
4) Unbound, except as indicated in the horizontal 
section. 
  
 Services auxiliary to 
insurance and pension 
funding 
 (CPC 814) 
 1) Unbound 
2) Unbound 
3) None , except as indicated in the horizontal 
section.  
4) Unbound, except as indicated in the horizontal 
section. 
 1) Unbound 
2) Unbound 
3) Unbound 
 
4) Unbound, except as indicated in the horizontal 
section. 
   TN/S/O/DOM 
Page 26 Modes of supply: (1)  Cross-border supply (2) Consumption abroad (3) Commercial presence (4)  Presence of natural persons 
Sector or subsector Limitations on market access Limitations on national  treatment Additional commitments 
8. HEALTH AND SOCIAL 
SERVICES 
 
 (Other than those listed 
under 1.A. h-j) 
    
A. Hospital services  
 (CPC 9311)  1) Unbound 2) None 1) Unbound 
2) Unbound  
 3) None 3) Unbound  
 4) Unbound except as indicated in the horizontal 
section.  Prior permit required, as well as 
compliance with the regulations of the Dominican Medical Association (AMD)
health 
associations . 
 4) Unbound, except as indicated in the horizontal 
section. 
  
B. Other human health services  
 (CPC 9319) 
 1) Unbound 2) None 
3) None 4) Unbound, except as indicated in the horizontal 
section.  Prior permit required, as well as 
compliance with the regulations of the 
Dominican Medical Association (AMD)
health 
associations . 
 1) Unbound 
2) Unbound 
3) Unbound 4) Unbound, except as indicated in the horizontal 
section. 
  
9. TOURISM AND 
TRAVEL-RELATED 
SERVICES 
    
A. Hotel and restaurant 
services  
    
 Hotel and similar 
accommodation services 
 (CPC 641) 
 1) Unbound* 
2) None 3) None 
4) Unbound, except as indicated in the horizontal 
section. 
 1) Unbound
* 
2) Unbound 3) None 
4) Unbound, except as indicated in the horizontal 
section. 
  
 
 
                                                      
*   Not technically feasible.   TN/S/O/DOM
 Page 27Modes of supply: (1)  Cross-border supply (2) Consumption abroad (3) Commercial presence (4)  Presence of natural persons 
Sector or subsector Limitations on market access Limitations on national  treatment Additional commitments 
 Food serving services 
 (CPC 642)  
 1) Unbound* 
2) None 
3) None 
4) Unbound, except as indicated in the horizontal 
section. 
 1) Unbound* 
2) Unbound 
3) None 
4) Unbound, except as indicated in the horizontal 
section. 
  
 Beverages serving services 
for consumption on the 
premises 
 (CPC 643) 
 1) Unbound* 
2) None 
3) None 4) Unbound, except as indicated in the horizontal 
section. 
 1) Unbound
* 
2) Unbound 
3) None 
4) Unbound, except as indicated in the horizontal 
section. 
  
B. Travel agencies, tour 
operators and tourist guides 
services  
 (CPC 747) 
 1) None 2) Unbound 
3) None 4) Unbound, except as indicated in the horizontal 
section. 
 1) None 
2) Unbound 
3) Unbound 4) Unbound 
  
d) Motor vehicle rental 
services 
 (CPC 83105) 
 1) None 
2) None 
3) None 4) Unbound, except as indicated in the horizontal 
section. 
 1) None 
2) None 
3) None 4) Unbound, except as indicated in the horizontal 
section. 
  
11. TRANSPORT SERVICES 
    
 Other non-scheduled 
passenger transportation 
 (CPC 7122) 
 1) None 
2) None 
3) None 
4) Unbound, except as indicated in the horizontal 
section. 
 1) None 
2) None 
3) None 
4) Unbound, except as indicated in the horizontal 
section. 
  
                                                                                                                                                                                                                                                                
 
*   Not technically feasible. 
 
 
  TN/S/O/DOM 
Page 28 Modes of supply: (1)  Cross-border supply (2) Consumption abroad (3) Commercial presence (4)  Presence of natural persons 
Sector or subsector Limitations on market access Limitations on national  treatment Additional commitments 
 Transport services by 
railways 
 (CPC 711) 
 1) None 
2) None 
3) None 4) Unbound, except as indicated in the horizontal 
section. 
 1) None 
2) None 
3) None 4) Unbound, except as indicated in the horizontal 
section. 
  
 Cargo handling services, 
except water transport 
 (CPC 741*) 
    
 Storage and warehouse 
services, except water transport 
 (CPC 742*) 
    
 Supporting services for 
railway transport 
 (CPC 743) 
    
 Freight transport agency 
services, except water 
transport 
 (CPC 748*) 
      TN/S/O/DOM
 Page 29Modes of supply: (1)  Cross-border supply (2) Consumption abroad (3) Commercial presence (4)  Presence of natural persons 
Sector or subsector Limitations on market access Limitations on national  treatment Additional commitments 
 Other supporting and 
auxiliary transport services,  
except water transport 
 (CPC 749*) 
 1) None 
2) None 
3) None 4) Unbound, except as indicated in the horizontal 
section. 
 1) None 
2) None 
3) None 4) Unbound, except as indicated in the horizontal 
section. 
  
 Freight transportation 
 (CPC 7123) 
    
 Maintenance and repair of 
transport equipment, except 
water transport 
 (CPC 8868*) 
    
 
 
_______________ 
 
 
 
 TN/S/O/DOM 
Page 30 
 
 
REFERENCE PAPER  
 
Scope  
  The following are definitions and principl es on the regulatory framework for basic 
telecommunications services. 
 Definitions
 
 
 Users  mean services consumers and services suppliers. 
 
 Essential facilities  mean facilities of a public telecomm unications 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 relevant 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 will be maintained for the 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 will include in particular: 
 
 (a) Engaging in anti-competitive cross-subsidization;  
 (b) using information obtained from comp etitors 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 supp liers providing commercial telecommunications 
services in order to allow the users of one supplier to communicate with users of another supplier and 
to access services provided by another supplier,  where specific commitments are undertaken.  TN/S/O/DOM  
 Page 31 
 
  
2.2 Interconnection to be ensured
 
  Interconnection with a major supplier will be en sured at any technically feasible point in the 
network.  Such interconnection is provided: 
 
(a) Under non-discriminatory terms, conditions  (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) at all technically feasible levels and excha nges in order to ensure termination in the 
network of one of the parties of telecommunications originating in any other commercial network, or transfer telecomm unications originating in the network of 
one of the parties to any other commerc ial telecommunications network selected by 
the end-user implicitly or explicitly; 
(c) 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 
(d) upon request, at points in addition to the ne twork 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 access to essentia l facilities for interconnection to a supplier 
will be made publicly available.  
2.4 Transparency of interconnection arrangements
 
  It is ensured that a major supplier will make  publicly 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 period of 40 days which has been made publicly known 
to the regulatory body referred to in paragraph 5 below, to resolve disputes regarding appropriate 
terms, conditions and rates for interconnection within  a reasonable period of time, to the extent that 
these have not been established previously. 
 
3. Universal service  
  Any Member has the right to define the ki nd of universal service obligation it wishes to 
maintain.  Such obligations will not be regard ed as anti-competitive per se, provided they are TN/S/O/DOM 
Page 32 
 
 
administered in a transparent, non-discriminator y and competitively neutral manner and are not more 
burdensome than necessary for the kind of uni versal service defined by the Member. 
 
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 conditio ns 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 
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 s carce resources, including frequencies, numbers 
and rights of way, will be carried out in an obj ective, timely, transparent and non-discriminatory 
manner.  The current state of allocated frequency ba nds will be made publicly available, but detailed 
identification of frequencies allocated for specific government uses is not required. 
 
 
_______________ 
 
 
    TN/S/O/DOM
 Page 33DOMINICAN REPUBLIC - FINAL LIST OF ARTICLE II (MFN) EXEMPTIONS  
 
Sector or subsector Descri ption of measure indicating 
its inconsistency with Article II  Countries to which the 
measure applies Intended duration Conditions creating the need for 
the exemption 
Legal services Legal professionals  from the countries 
mentioned in column 3 may exercise their profession on the basis of 
reciprocity. 
 All countries Indefinite Reciprocity legislation in force 
Auditing and 
accounting services Auditors and accountants from the 
countries mentioned in column 3 may 
exercise their profession on the basis 
of reciprocity.  All countries Indefinite Reciprocity legislation in force 
Dental, 
physiotherapy, medical, paramedical 
and nursing services Dentists, physiotherapists, doctors, 
paramedical personnel and nurses from the countries mentioned in 
column 3 may exercise their 
profession on the basis of reciprocity.  All countries Indefinite Reciprocity legislation in force 
Architectural and 
engineering services  Architects and engineers from the countries mentioned in column 3 may 
exercise their profession on the basis 
of reciprocity.  All countries Indefinite Reciprocity legislation in force 
 
 
__________ 
 
 