DOMINICAN REPUBLIC
Since December 2008
Pillar Foreign Direct Investment in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
General Law of Commercial Companies and Individual Limited Liability Companies, No. 479-08 (Ley General de las Sociedades Comerciales y Empresas Individuales de Responsabilidad Limitada, No. 479-08)
The Dominican Republic has established minimum capital requirements for limited liability companies. According to Art. 91 of Law No. 479-08 the amount of capital stock of limited liability companies cannot be less than 100,000 Dominican pesos (approx. USD 1,840). In the case of certain types of limited liability companies, Art.160 establishes that the minimum amount of authorized capital shall be 30 Million Dominican pesos (approx. 550,000 USD).
Coverage Limited liability companies
DOMINICAN REPUBLIC
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
The Dominican Republic is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 2022.
Coverage Horizontal
DOMINICAN REPUBLIC
Since 2006, last reported in 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
It is reported that public procurement in the Dominican Republic is not carried out in a transparent manner and that corruption is a problem.
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 that have a shareholding or capital stock of more than 50%, then the percentage of purchases by state institution reserved for MSMEs goes up to 20%.
Coverage Horizontal
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.
- 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
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Participation in the 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
DOMINICAN REPUBLIC
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
4.12%
Coverage rate of zero-tariffs on ICT goods (%)
73.55%
Coverage: Digital goods
CUBA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Cuba 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
CUBA
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the 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
Cuba has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
CUBA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Cuba 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
CUBA
Since May 2018
Since March 2020
Since March 2020
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Resolution 54 of 2018 of the Indications for the organization and execution of consumer protection in the internal trade system (Resolución 54 del 2018 de las Indicaciones para la organización y ejecución de la protección al consumidor en el sistema de comercio interno)
Resolution 42 of 2020 (Resolución 42 de 2020)
Resolution 42 of 2020 (Resolución 42 de 2020)
Resolution 54 of 2018 provides a comprehensive framework for consumer protection that also applies to online transactions. Section 5 of the Resolution, establishes the principles of consumer protection, while Section 6 dictates the rights of consumers. Furthermore, Chapter IV of Resolution 42 of 2020 lists consumer rights and supplier obligations.
Coverage Horizontal
Sources
- http://juriscuba.com/organismos-estatales-2/comercio-interior/resolucion-no-54-2018/
- https://unctad.org/page/cyberlaw-tracker-country-detail?country=cu
- https://www.cubahora.cu/sociedad/como-se-protegen-a-los-consumidores-en-cuba
- https://www.gacetaoficial.gob.cu/sites/default/files/goc-2020-ex13_0_0.pdf
- Show more...
CUBA
Reported in 2022
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
High registration costs for domain names
It is reported that the high cost for the registration of domain names represents a restriction as it is three times higher than the average for the Americas region, costing approximately USD 950.
Coverage Horizontal
Sources
- https://web-solutions.eu/domain-registration-north-america.htm
- https://www.cubatramite.com/compras-en-tuenvio-cu/#:~:text=Los%20pagos%20en%20TuEnvio%202.0,incluidas%20las%20tarjetas%20abiertas%20en
- https://www.entorno.es/dominios/cu#:~:text=Para%20registrar%20dominios%20territoriales%20(ccTLD,de%20Cuba%20pide%20marca%20comercial.
- Show more...
CUBA
Since March 2020
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
Resolution No. 42/2020 on the Regulations for the implementation of electronic commerce through virtual stores
(Resolución 42/2020 sobre las Regulaciones para la implementación del comércio electrónico a través de tiendas virtuales)
(Resolución 42/2020 sobre las Regulaciones para la implementación del comércio electrónico a través de tiendas virtuales)
According to Resolution No. 42/2020 in its first special provision, the method of payment, through the use of the national payment card or any other authorized means, and the claims, doubts or divergences on transactions made through the payment gateway, are made and formulated in accordance with the provisions of the legislation in force by the Central Bank of Cuba. In addition, the terms of services of TuEnvio.cu state that payments can be made only through Tranfermóvil and Enzona, two phone applications that can be associated with cards issued by the Central Bank of Cuba, Banco Metropolitano, Banco de Crédito and Commerce and the Popular Savings Bank.
Coverage Online payments
CUBA
Reported in 2021
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Cuba does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal
CUBA
N/A
Pillar Online sales and transactions |
Sub-pillar Licensing scheme for e-commerce providers
Restrictions connected to the CIMEX Company and the Tuenvio.cu platform
There are no formal licensing requirements in Cuba in the electronic commerce sector. However, Cuba has only one online trading platform called Tuenvio.cu, which is managed by the state-owned company CIMEX. This, indirectly, represents a restriction that excludes foreign companies that want to seek licenses to manage an electronic commerce platform.
Coverage E-commerce sector