WT/COMTD/RTA/10 /2 
 
8 November  2018 
(18-7004) Page: 1/3 
Committee on Trade and Development  
Dedicated Session on Regional Trade Agreements  Original: English /Spanish  
 
 PARTIAL SCOPE AGREEM ENT BETWEEN PANAMA A ND THE DOMINICAN REP UBLIC  
(GOODS)  
QUESTIONS AND REPLIE S 
 The following communication, received on 2 November 2018,  is being circulated at the request 
of the Delegations of Panama and the Dominican R epublic.  
 
 The document reproduces the questions addressed to the Parties and the replies  submitted.  
 
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Question  from the Delegation  of the European Union  
  
Page 21, Paragraph 4.12: "The Agreement for the Promotion and Reciprocal Protection of 
Invest ments (APRPI) between the Dominican Republic and Panama was signed in 
Santo  Domingo on 6 February 2003. The exchange of letters for the entry into force took 
place on 15 December 2003 and 3 August 2006. The APRPI entered into force on 
17 September 2006. To  date, there are no other relevant bilateral agreements."  
• Regarding the last sentence "To date, there are no other relevant bilateral 
agreements". Does this refer to relevant bilateral investment agreements (that 
each Party has concluded with third parties )? 
 
Reply: In this case, the last sentence refers to bilateral agreements between Panama and the 
Dominican Republic. It refers to the fact that no other bilateral agreement has been concluded 
between these trading partners, and not to bilateral agreements with third parties.  
 
 
Questions  from the Delegation  of the United States  
 
3. Provisions o n Trade in Goods  
 
Question 1  
 
3.1.1 General Provisions  
 
Page 7, Paragraph 3.3: The Panama -Dominican  Republ ic Agreement "foresees that  
quantitative measures, generally of a transitory nature, may be taken by a Party, under 
certain conditions and when facing certain difficulties in terms of competition from 
products imported by the other Party".  
 
• Over the life the Agreement, have any quan titative restrictions been imposed by 
either Party?  
Reply:  To date, this provision has not been applied.  
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  Question 2  
 
3.1.2 Liberalization of trade and tariff lines  
 
Page 7, Paragraph 3.5: "The Agreement and the Regulation provide for the modification 
of the List, including through the addition of new products, through an amendment 
procedure that requires the adoption of such changes by the Commission."  
• The Free Trade Agreement between Panama and the Dominican Republic entered 
into force on 8  June  1987 an d fully implemented on 2  November  2003. Have the 
Parties undertaken any steps to liberalize further trade in goods beyond the 
commitments undertaken over 30 years ago?  
Reply:  In this regard, it is important to point out that the List of Goods, the Annex on  rules of origin, 
and the corresponding Regulation entered into force in 2003. Recently, steps  have been taken  to 
initiate a review of the List of Goods, with a view to increasing access for both Parties.  
 
 
4. General Provisions of the Agreement  
 
Page 22, Table 4.1 lists multiple FTAs that the Parties have not notified as required under 
WTO rules.  
 
Question 3  
 
Can Panama please explain why its accession to the LAIA Agreement has not been notified 
to WTO Members? Can Panama please provide an update on when it intends to notify the 
preferences it is extending to other LAIA Members under this agreement?  
Reply:  The Republic of Panama, in compliance with the transparency commitments undertaken in 
the framework of the World Trade Organization, has discussed this notification within the context of 
LAIA. However, to date, it has not been determined whether the annual reports under the Enabling 
Clause comply with the commitments undertaken.  
 
Question 4  
 
Similarly, Panama appears to be a party to two additional prefer ential agreements as part 
of its participation in the LAIA regional grouping, AAP.CE N.71 and AAP.A25TM N.29. Can 
Panama provide an update on when it may be submitting its required notifications for 
these agreements?  
Reply:  Indeed, we signed the Economic C omplementarity Agreement with the Republic of Cuba and 
the Partial Scope Agreement with Colombia within the framework of the Treaty of Montevideo. 
However, as stated in our reply above, it has not been determined whether the annual reports are 
in conformit y with the commitments undertaken. Therefore, once we have resolved this situation, 
we will make the notification in question.  
 
Question 5 
 
The table indicates that the Colombia -Panama Agreement (AAP.A.25TM N29) is part of 
the LAIA regional network, with a n entry into force date of 1 January  1995. However, the 
table indicates that Panama did not accede to the LAIA agreement until 3 May  2012.  
Reply:  Indeed, the Republic of Panama joined LAIA on 3  May 2012 after the bilateral negotiations 
with the Republic of  Colombia had taken place in 1995.  
 
Question 6 
 
Can Panama please explain the relationship between the Colombia -Panama agreement 
and the LAIA agreement?  WT/COMTD/RTA/10 /2 
 
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  Reply:  Within the LAIA framework, these agreements differ in terms of access for goods and their 
respective preferential treatment. In the case of the Partial Scope Agreement between Panama and 
Colombia, the percentage is higher than under the LAIA Regional Pref erence Agreement, as it is 
determined on the basis of country status according to the United  Nations classification, in which 
the rate is applied equally to these countries.  
 
Question 7  
 
Can Panama provide an update on the status of the required notificati on for the 
Panama -Israel agreement and the Panama -Trinidad and Tobago agreement?  
Reply:  For both of these agreements, we are in contact with the Parties and are reviewing the 
procedure to be followed in order to make the relevant notification.  
 
Question 8  
 
The table indicates that the Dominican Republic -CARICOM agreement entered into force 
on 5 February  2002. Can the Dominican Republic provide an update on the notification for 
this agreement?  
Reply:  Transparency provisions of the WTO rules on regional trade  agreements require the 
notification of such agreements to the WTO. In keeping with those provisions, during the fifth Joint 
Council Meeting CARICOM and DR  agreed to have the FTA notified to t he WTO under the Enabling 
Clause.  
 
We are currently undertaking discussions to coordinate the process to duly notify it with the 
intervention of the CARICOM Coordinator in Geneva a nd the mission of the Dominican  Republic in 
Geneva.  
 
Question 9  
 
4.8 Government Procurement  
 
Page 23, Paragraph 4.15:  The Secretariat's report states that there are no provisions on 
government procurement in the Agreement. Have the parties established any bilateral 
procurement practices that provide preferential or reciprocal access?  
 
Reply:  To date, this possibility has not been examined and no  such access has been granted.  
 
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