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DOMINICAN REPUBLIC

Since May 1992

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Nationality/residency requirement for directors or managers
Law No. 16-92: Labour Code and Complementary Norms (Ley No. 16-92: Código de Trabajo y Normas Complementarias)
Art. 144 of Law 16-92 establishes that the administrators, managers, directors and other persons exercising administrative or management functions must preferably be of Dominican nationality. On the other hand, Art. 135 establishes that at least 80% of the total number of workers of a company must be composed of Dominicans. Art. 136 establishes that the salaries received by the Dominican workers of a company must amount, as a whole, to at least 80% of the value corresponding to the payment of all the personnel. Exempted from the provisions of this article are the salaries received by workers who perform technical, managerial or directorial tasks.
Coverage Horizontal

DOMINICAN REPUBLIC

Since May 2000

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the application process for patents
Industrial Property Law No. 20-00 (Ley No. 20-00 sobre Propiedad Industrial)
According to Art. 148 of Law No. 20-00, when the applicant or the holder of an industrial property right has its domicile or headquarters outside the Dominican Republic, it must have a representative domiciled in the country who can be notified of all resolutions, correspondence, writings and any other documentation emanating from the National Office for Industrial Property.
Coverage Horizontal

DOMINICAN REPUBLIC

Since May 2007

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
The Dominican Republic is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

DOMINICAN REPUBLIC

Since August 2000

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Law No. 65-00 on Copyright (Ley No. 65-00 sobre Derecho de Autor)
The Dominican Republic has a copyright regime under the law No. 65-00. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 30-44 list the exceptions, which include the reproduction of: news that have the character of mere press information; speeches made in deliberative assemblies or public meetings, works for educational or scientific purposes, among others.
Coverage Horizontal

DOMINICAN REPUBLIC

Reported in 2020, last reported in 2023

Pillar Intellectual Property Rights (IPRs)  |  Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
It is reported that copyright is not adequately enforced online in the Dominican Republic. There are concerns about online and signal piracy, including the lack of intellectual property prosecutions by the Specialized Prosecutor's Office against High Technology Crimes and offences.
Coverage Horizontal

DOMINICAN REPUBLIC

Since January 2006

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
The Dominican Republic has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'DO')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"80524"},{"post_id":"80525"},{"post_id":"80526"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'DO')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'DO')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"0.50"}]

DOMINICAN REPUBLIC

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator 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: ICT goods

DOMINICAN REPUBLIC

N/A

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator 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

Since August 2006, last amended in December 2006

Pillar Public procurement of ICT goods and online services  |  Indicator 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  |  Indicator 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  |  Indicator 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

CUBA

N/A

Pillar Online sales and transactions  |  Indicator 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

N/A

Pillar Online sales and transactions  |  Indicator 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

Since March 2020

Pillar Online sales and transactions  |  Indicator Restrictions on online payments
Resolution No. 42/2020 on the Regulations for the Implementation of Electronic Commerce Through Virtual Stores (Resolución No. 42/2020 sobre las Regulaciones Para la Implementación del Comercio 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 authorised 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

N/A

Pillar Online sales and transactions  |  Indicator 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

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