Database

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DOMINICAN REPUBLIC

Since January 2006

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
The Dominican Republic has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

DOMINICAN REPUBLIC

Since May 2000

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Industrial Property Law No. 20-00 (Ley No. 20-00 sobre Propiedad Industrial)
Law No. 20-00 provides a framework for effective protection of trade secrets. Chapters I and II of Title VI include a definition and conditions to protect a secret, what constitutes unfair competition related to trade secrets, what are the unfair means of access to a trade secret, information for sales authorisation and the actions that may be brought against this act of unfair competition.
Coverage Horizontal

DOMINICAN REPUBLIC

Since February 2019

Pillar Telecom infrastructure & competition  |  Sub-pillar Passive infrastructure sharing obligation
Resolution No. 089-17, modified by Resolution No. 005-19: General Regulations for the Sharing of Passive Infrastructure and Related Telecommunications Facilities (Resolución No. 089-17, modificada por la Resolución No. 005-19: Reglamento General de Compartición de Infraestructuras Pasivas y Facilidades Conexas de Telecomunicaciones)
There is an obligation for passive infrastructure sharing in the country to deliver telecom services to end users. It is practised both in the mobile and fixed sectors based on commercial agreements. According to Art. 5 of the Infrastructure Sharing Regulation, passive infrastructure providers shall share passive infrastructures or related facilities requested by the requesting providers, provided that such sharing is feasible from the technical, security and operational point of view. Such sharing shall be done in a non-discriminatory manner at fair and reasonable prices and conditions. Infrastructure owners shall facilitate access to such infrastructure on equal, transparent and non-discriminatory terms to providers that install or operate public telecommunications networks. Infrastructure sharing is effective in both the mobile and fixed sectors.
Coverage Telecommunications sector

DOMINICAN REPUBLIC

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
The Dominican Republic does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there has been an obligation to separate the accounts since 1998. According to Art. 30 of the Law No. 153/1998 - General Telecommunications Law, in case a concessionaire provides several public telecommunications services, it must keep separate accounts for each service, in order to enable the control of fair and effective competition.
Coverage Telecommunications sector

DOMINICAN REPUBLIC

Since August 2006, last amended in December 2006

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Exclusion from public procurement
Law No. 340-06 on Government Procurement and Contracting of Goods, Services, Works and Concessions (Ley No. 340-06 sobre Compras y Contrataciones de Bienes, Servicios, Obras y Concesiones)
Art. 16 of Law No. 340-06 provides that public tenders may be international in the following cases:
- When the purchase or contracting is covered by a treaty or agreement in force between the Dominican Republic and another State or multilateral or bilateral credit agency;
- When, previously, a technical evaluation indicates that the national bidders do not have sufficient capacity to provide the goods or services or execute the projects or works;
- When a previous national public tender has been declared void.
Coverage Horizontal

DOMINICAN REPUBLIC

Since December 2008

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Law No. 488-08 (Ley No. 488-08)
Law No. 488-08 establishes a regulatory regime for the development and competitiveness of MSMEs. According to Art. 25, state institutions must reserve 15% of purchases of goods and services to national MSMEs. Moreover, Art. 26 establishes that when MSMEs are managed by women who have a shareholding or capital stock of more than 50%, then the percentage of purchases by state institutions reserved for MSMEs goes up to 20%.
Coverage Horizontal

DOMINICAN REPUBLIC

Since September 2012

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Decree No. 543-12 which establishes the Regulations of the Law on Procurement and Contracting of Goods, Services, Works and Concessions, and repeals Regulation No. 490-07 of August 30, 2007. G. O. No. 10694 of September 15, 2012. (Decreto No. 543-12 que establece el Reglamento de la Ley sobre Compras y Contrataciones de Bienes, Servicios, Obras y Concesiones, y deroga el Reglamento No. 490-07 del 30 de agosto de 2007. G. O. No. 10694 del 15 de septiembre de 2012)
According to Art. 25 of Decree No. 543-12, in order for a foreign individual or legal entity to participate in contracts for the execution of works or to be contracted by the Dominican State, it must be associated with a national or mixed capital.
Coverage Horizontal
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[{"post_id":"80524"},{"post_id":"80525"},{"post_id":"80526"}]
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ITA: [{"meta_value":"0.50"}]

DOMINICAN REPUBLIC

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
6.51%
Coverage rate of zero-tariffs on ICT goods (%)
62.01%
Coverage: Digital goods

DOMINICAN REPUBLIC

N/A

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Participation in the World Trade Organization (WTO) Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement Expansion Agreement (ITA II)
The Dominican Republic is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996, but is not a signatory of its 2015 expansion (ITA II).
Coverage ICT goods

DJIBOUTI

Since July 2016

Pillar Online sales and transactions  |  Sub-pillar Restrictions on online payments
Act No. 118/AN/15/7th L Establishing a National Payment System, Its Regulation, and Monitoring (Loi No. 118/AN/15/7ème L Portant Création d'un Système de Paiement National, sa Réglementation et sa Surveillance)
Art. 9 of Act No. 118/An/15/7Th prohibits anyone from offering payment services (which includes electronic payments) or managing a system unless duly authorised to do so by the Central Bank. The Central Bank also has the power to suspend or revoke the licence under certain circumstances. Art. 81 stipulates additional requirements for e-payment applicants.
Coverage Electronic payment services

DJIBOUTI

N/A

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Djibouti does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties. However, it is reported that there is an informal arrangement of a de minimis of USD 100.
Coverage Horizontal

DJIBOUTI

Since December 2008

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Law No. 28/AN/08/6th L on Protection, Suppression of Fraud, and Consumer Protection (Loi No. 28/AN/08/6ème L Portant sur la Protection, la Répression de la Fraude et la Protection du Consommateur)
Law No. 28/AN/08/6th L on Protection, Suppression of Fraud and Consumer Protection provides a comprehensive framework for consumer protection that also applies to online transactions. Art. 2 provides the scope of the Law to apply to all production, distribution and service activities. This law was incorporated into the legal corpus of the Djibouti Commercial Code of 2012.
Coverage Horizontal

DJIBOUTI

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Djibouti has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

DJIBOUTI

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
Lack of adoption of the UNCITRAL Model Law on Electronic Commerce
Djibouti has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

DJIBOUTI

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of the UNCITRAL Model Law on Electronic Signatures
Djibouti has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

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