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Investment treaties of the Dominican Republic: DR-CAFTA protections and the bilateral treaty network

Argentina. For full detail on Argentina, go to The Argentine Thread.

Last verified: 2026-10-30 · Status: Stable

DR-CAFTA gives US and Central American investors national and most favoured treatment, a minimum standard, expropriation rules and free transfers. UNCTAD lists 11 bilateral treaties in force, including Spain, France, Italy and the Netherlands. The 2001 treaty with Argentina was signed but is not in force, and the country has signed but not ratified ICSID.

Key facts

Bilateral investment treaties in force	11 treatiesUNCTAD country table, as of 2026-10-30 · in force
Treaty with Argentina	Signed 16 March 2001, not in force UNCTAD country table, as of 2026-10-30 · in force
ICSID Convention party	No, signatory only ICSID list of 17 July 2026, as of 2026-07-17 · in force

The rule

1. Each party gives investors and covered investments of another party treatment no less favourable than its own, in like circumstances, for setting up, acquiring, expanding, running and selling investments.DR-CAFTA, Chapter Ten, art. 10.3, 2004-08-05 official text · verified 2026-10-30

2. Each party gives no less favourable treatment than to investors of any other party or non party.DR-CAFTA, Chapter Ten, art. 10.4, 2004-08-05 official text · verified 2026-10-30

3. Covered investments get treatment under customary international law, including fair and equitable treatment and full protection and security. These do not add rights beyond that standard.DR-CAFTA, Chapter Ten, art. 10.5, 2004-08-05 official text · verified 2026-10-30

4. Expropriation needs a public purpose, non discrimination, due process and compensation at fair market value, without delay, with interest and freely transferable.DR-CAFTA, Chapter Ten, art. 10.7, 2004-08-05 official text · verified 2026-10-30

5. Transfers tied to a covered investment move freely and without delay, including capital, profits, gains, interest, royalties, loan payments and dispute proceeds, in a freely usable currency at the market rate.DR-CAFTA, Chapter Ten, art. 10.8, 2004-08-05 official text · verified 2026-10-30

6. A party cannot require set levels of exports or local content, or purchases of local goods, as a condition of an investment.DR-CAFTA, Chapter Ten, art. 10.9, 2004-08-05 official text · verified 2026-10-30

7. These national treatment, most favoured and performance rules do not apply to non conforming measures listed in each party's Annex I schedule.DR-CAFTA, Chapter Ten, art. 10.13, 2004-08-05 official text · verified 2026-10-30

8. UNCTAD lists in force treaties with Spain (1995), France (1999), Taiwan Province of China (1999), Chile (2000), Finland (2001), Morocco (2002), Panama (2003), Switzerland (2004), the Netherlands (2006), Italy (2006) and Korea (2006). Argentina, Cuba and Haiti are signed but not in force, and Ecuador ended in 2008.Bilateral investment treaties, UNCTAD country table, 2026-10-30 official text · verified 2026-10-30

9. The Dominican Republic signed the ICSID Convention on 20 March 2000 and shows no ratification on the list of 17 July 2026.ICSID Convention, list of contracting and signatory states, 2026-07-17 official text · verified 2026-10-30

10. Ratified treaties apply internally once officially published.Constitución de 2024, art. 26 num. 2, 2024-10-27 official text · verified 2026-10-30

Partner	Year	In force
Spain	1995	7 October 1996
Taiwan Province of China	1999	27 November 2001
France	1999	23 January 2003
Chile	2000	8 May 2002
Finland	2001	21 April 2007
Morocco	2002	4 January 2007
Panama	2003	17 September 2006
Switzerland	2004	30 May 2006
Netherlands	2006	1 October 2007
Italy	2006	25 November 2009
Korea	2006	10 June 2008

Bilateral treaties in force, per UNCTAD

Worked example

A Dutch holding owns a Dominican plant. It can look to the 2006 treaty with the Netherlands. An Argentine investor has no treaty in force and relies on the Constitution and Ley 16-95 unless it structures through a treaty country, which needs real advice on substance and timing.

Step by step

Identify the investor chain early.
Read the actual treaty, since terms vary.
Check Annex I before relying on DR-CAFTA national treatment.
Keep notice periods in view; see disputes/investment-arbitration.

Common traps

DR-CAFTA minimum standard is tied to customary law and is narrower than some bilateral treaty wording.
Without ICSID ratification, ICSID Convention arbitration is closed; other rules are used.
UNCTAD data was read from a search snapshot, as the site blocks direct access. Confirm status before relying on a treaty.
For the Argentine side of investment or tax questions, see The Argentine Thread guide.

Sources

← Project permits in the Dominican Republic: the environmental licence and the investment single windowChoosing an entity in the Dominican Republic: S.R.L., S.A.S., S.A., E.I.R.L. or branch, compared on capital, owners, governance and cost →

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