do business in the Dominican Republic - Pellerano & Herrera

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DOING BUSINESS INTHE DOMINICAN REPUBLICTHE MINISTRY OF ENVIRONMENTAND NATURAL RESOURCESThe administration of the environment, ecosystems and natural resources isplaced under the responsibility of the Ministry of Environment and NaturalResources (“Secretaría de Estado de Medio Ambiente y Recursos Naturales -SEMARN”), created by Law 64-00 for such purposes. Its main tasks are to draft,execute and supervise the application of national policies on environment andnatural resources,and to ensure the preservation,protection and sustained use ofnatural resources,the improvement of soil,air and water contamination rules,theproper exploration and exploitation of mineral resources, the preservation ofcoastal and sea resources, and the establishment of general environmental rulesfor human settings and industries.Existing environment-related institutions and/or attributions created by specialmeasures, such as the Natural Resources Office of the Ministry of Agriculture andthe Earth Crust Protection Office of the Ministry of Public Works, have beentransferred to the SEMARN.In this manner, environmental aspects of all economic or human activities willbe, controlled by the SEMARN, which will act by way of authorisations, supervision,recommendations or consultations, in co-operation with other government,municipal and civil authorities and institutions,to ensure the comprehensive protectionof natural resources in the country.On the other hand, the National Council of Environment and Natural Resourceswill be an organ formed of State and civil society members with the task of programmingand evaluating environmental policies and of establishing the nationalstrategy of biodiversity preservation.INSTRUMENTS OF ENVIRONMENT ADMINISTRATIONLaw 64-00 has a predominantly technical and scientific character.Therefore, thebasic instruments for the establishment of environment policies are the studiesof environmental impact evaluation and environmental reports.In this regard, any industrial activities undertaken in the country must be providedwith an environmental license, which certifies that the respective environmentalimpact evaluation has been made, and that the activity, work or projectmay be carried out under the conditions set in the environment administrationprogram established therein.Other instruments of environment administration are environmental planning,the national plan of territorial organisation, the national system of protectedareas, the national information system on environment and natural resources,environment supervision, environmental education, scientific and technicalinvestigation, incentives, the national fund for environment and naturalresources, and the declaration of emergency areas.106
Pellerano & HerreraAttorneys at lawOBTAINING ENVIRONMENTALPERMITS AND LICENSESEnvironmental licenses and permits must be obtained by companies interestedin executing works or projects that may affect, in any manner whatsoever, naturalresources, environmental quality or the health of the population, including itspsychological and moral well-being.Resolution 05/2002 of the Ministry of Environment of 18 March 2002 creates theRegulations of Environmental Permits and Licenses, the Classification of Works,Activities and Projects,and the Procedures for Environmental Permits for ExistingEstablishments and for Studies of Environmental Impact.a) Projects Requiring Environmental Permits or LicensesArticle 41 of Law 64-00 designates the projects that have to be subject to theprocess of environmental impact evaluation. In general terms, there are for thepurposes of the environmental administration four categories of projects.Category A Projects. These are projects, works or activities with complex environmentalimpact, which may have regional and even national effects.They areprojects of great size having a strategic nature from the economic and socialstandpoint.Their promoter must file an environmental license request based onan exhaustive Study of Environmental Impact.Category B Projects. These have significant environmental impact, but limited tothe area of the project and their zone of direct influence.Their promoter mustfile an environmental permit request based on a Declaration of EnvironmentalImpact, but additional environmental studies may be required.Category C Projects. These have a limited potential environmental impact thatmay be easily identified and corrected.Their promoter must file an environmentalpermit request based only on a Declaration of Environmental Impact.Excluded Projects. Projects, works or activities that are not expressly mentionedin Law 64-00 and that have not been included by the regulations in any of theabove-mentioned categories, do not have to follow the environmental evaluationprocess.They do not require any environmental permit, but their promoter mayrequest a Certification of Exclusion to the Ministry of Environmentb) ProceduresRequests are made in writing to the Ministry of Environment, and they have tobe joined by the respective forms according to the category of the project (Formof Previous Analysis for Projects in category A and Form of Declaration ofEnvironmental Impact for Projects in categories B and C) and by the documentsrequired in the forms.This first stage may end with a Declaration of Non-Significant EnvironmentalImpact, which recommends the issuance of the environmental permit. However,when Studies of Environmental Impact or Additional Environmental Studies are107
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FOREWORDA place to invest ...The Do
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