GENERAL AGREEMENT GATS/SC/28

15 April 1994

ON TRADE IN SERVICES (94-1026)

DOMINICAN REPUBLIC

Schedule of Specific Commitments

(This is authentic in Spanish only)

______

DOMINICAN REPUBLIC (continued)

DOMINICAN REPUBLIC - SCHEDULE OF SPECIFIC COMMITMENTS

Modes of supply: 1) Crossborder 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.
The annual 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.
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 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 the national defence and security;
- advertising, broadcasting, newspapers, magazines, publishing and mass communication media;
internal land transport, except where directly related to import and export, internal air transport, maritime transport, cabotage and 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.
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 foreign 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.
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 Republic, 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) 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.
II. SECTOR-SPECIFIC COMMITMENTS
1. BUSINESS SERVICES
A. Professional services
Legal advisory and information services
(CPC86190) / 1) None
2) None
3) None
4) Unbound / 1) Unbound
2) Unbound
3) None
4) Unbound
Financial auditing services
(CPC86211) / 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
(CPC86213) / 1) None
2) None
3) None
4) Unbound / 1) Unbound
2) None
3) Unbound
4) Unbound
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
(CPC86302) / 1) None
2) None
3) None
4) Unbound / 1) Unbound
2) None
3) Unbound
4) Unbound
Individual tax preparation and planning services
(CPC86303) / 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
Market research and public opinion polling services
(CPC864) / 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 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) Unbound
4) Unbound, except as indicated in the horizontal section. Prior permit required, as well as compliance with the 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
Integrated engineering services
(CPC8673) / 1) None
2) Unbound
3) None
4) Unbound, except as indicated in the horizontal section. Prior permit required, as well as compliance with the 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
(CPC8674) / 1) None
2) Unbound
3) None
4) Unbound, except as indicated in the horizontal section. Prior permit required, as well as compliance with the 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
(CPC9312) / 1) Unbound
2) None
3) None
4) Unbound, except as indicated in the horizontal section. Prior permit required, as well as compliance with regulations of the Dominican Medical Association (AMD). / 1) Unbound
2) Unbound
3) Unbound
4) Unbound, except as indicated in the horizontal section
Social services
(CPC933) / 1) Unbound
2) None
3) None
4) Unbound, except as indicated in the horizontal section. Prior permit required, as well as compliance with regulations of the Dominican Medical Association (AMD). / 1) Unbound
2) Unbound
3) Unbound
4) Unbound, except as indicated in the horizontal section
Related scientific and technical consulting services
(CPC8675) / 1) None
2) Unbound
3) None
4) Unbound / 1) None
2) Unbound
3) Unbound
4) Unbound
Technical testing and analysis services
(CPC8676) / 1) None
2) Unbound
3) None
4) Unbound / 1) None
2) Unbound
3) Unbound
4) Unbound
Advertising services
(CPC871) / 1) None
2) None
3) None
4) Unbound / 1) None
2) None
3) Unbound
4) Unbound
Building cleaning services
(CPC874) / 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
(CPC841) / 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
4) Unbound / 1) Unbound
2) Unbound
3) Unbound
4) Unbound
d) Data base services
(CPC844) / 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
(CPC851) / 1) None
2) Unbound
3) None
4) Unbound / 1) None
2) Unbound
3) None
4) Unbound
b) Research and development services on social sciences and humanities
(CPC852) / 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
(CPC882) / 1) None
2) Unbound
3) None
4) Unbound / 1) Unbound
2) Unbound
3) Unbound
4) Unbound
Services incidental to mining
(CPC883) / 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
(CPC884) / 1) None
2) Unbound
3) None
4) Unbound / 1) Unbound
2) Unbound
3) Unbound
4) Unbound
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
2. COMMUNICATION SERVICES
C. Telecommunications
b) Data transmission services
(CPC7523) / 1) As crossborder supply requires the use of the national and international telecommunication networks, the relevant rules established by the DirectorateGeneral of Telecommunications must be complied with
2) None
3) None
4) Unbound, except as indicated in the horizontal section / 1) As crossborder supply requires the use of the national and international telecommunication networks, the relevant rules established by the DirectorateGeneral of Telecommunications 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 crossborder supply requires the use of the national and international telecommunication networks, the relevant rules established by the DirectorateGeneral of Telecommunications must be complied with / 1) As crossborder supply requires the use of the national and international telecommunication networks, the relevant rules established by the DirectorateGeneral of Telecommunications 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
(CPC7525) / 1) As crossborder supply requires the use of the national and international telecommunication networks, the relevant rules established by the DirectorateGeneral of Telecommunications must be complied with / 1) As crossborder supply requires the use of the national and international telecommunication networks, the relevant rules established by the DirectorateGeneral of Telecommunications 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
Other telecommunication services
(CPC7529) / 1) As crossborder supply requires the use of the national and international telecommunication networks, the relevant rules established by the DirectorateGeneral of Telecommunications must be complied with / 1) As crossborder supply requires the use of the national and international telecommunication networks, the relevant rules established by the DirectorateGeneral of Telecommunications 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
3. CONSTRUCTION AND RELATED ENGINEERING SERVICES
Construction work
(CPC511) / 1) Unbound[*]
2) Unbound
3) None
4) Unbound, except as indicated in the horizontal section. Prior permit required, as well as compliance with the 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
(CPC512) / 1) Unbound*
2) Unbound
3) None
4) Unbound, except as indicated in the horizontal section. Prior permit required, as well as compliance with the 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
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 regulations of the Dominican College of Engineers, Architects and Surveyors of the Dominican Republic (CODIA) / 4) Unbound, except as indicated in the horizontal section