do business in the Dominican Republic - Pellerano & Herrera

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DOING BUSINESS INTHE DOMINICAN REPUBLICrequired, at the end of this phase SEMARN delivers to the promoter the terms ofreference for the elaboration of such studies. Environmental studies must bemade by an interdisciplinary group of specialists, whose professional qualificationswill depend on the nature of the study.These consultants must be registeredwith SEMARN.SEMARN will decide on the granting of the permit or license based on the recommendationmade by the Evaluation Committee pursuant to the TechnicalReport, which verifies whether the studies filed by the promoter comply withthe terms of reference, and taking into account the comments of the interestedparties and the public in general, as applicable.After the environmental license or permit has been granted, the promoter mustcomply with the program of environmental management set forth therein, beingsubject in the event of non-compliance to the sanctions provided in the law.The terms established for the different phases of the procedure are the following:1 Previous analysis and review of the Declaration of Environmental Impact, 21days from the date of filing;2 Elaboration of the required environmental studies by the promoter, not morethan one year after the date of delivery of the terms of reference;3 Review of the Study of Environmental Impact or Additional EnvironmentalStudies and preparation of the Technical Report, including the stage ofpublic consultation, 90 days after the date of filing of the studies; and4 Taking of decision, 15 days after the delivery of the Technical Report.c) CostsRequest of environmental permit or license:1/3 of a monthly minimum wage.Request of Certificate of Exclusion: one monthly minimum wage.Issue of environmental license: 15 monthly minimum wages plus an amountcalculated pursuant to the estimated initial investment of the project.Issue of environmental permit: 5 monthly minimum wages plus an amountcalculated pursuant to the estimated initial investment of the project.Furthermore, the promoter is liable for all costs resulting from studies or reports,from the execution of mitigation measures and the environmental managementprogram, and from any required publications, notifications and public hearings.In addition, in order to ensure that the environmental management programestablished in the environmental permit or license is put into effect, the promotermust provide a performance bond for a sum amounting to ten percent ofthe total costs of the works or investments required to comply with the program.108SANCTIONSLaw 64-00 provides administrative and criminal sanctions for those who violateits provisions. Administrative sanctions may be applied by the SEMARN andinclude fines, as well as suspension or closure of operations.Law 64-00 creates the notion of “environmental crime”, committed by any personwho, knowingly or intentionally, violates its provisions and application rules.
Pellerano & HerreraAttorneys at lawActivities such as alteration of, or damages to, protected areas, cutting or destructionof trees in protected forests, capture or damage of endangered species, illegaldisposal of toxic waste, etc., constitute environmental crimes that may bepunished with fines of up to 10,000 minimum salaries and prison of up to threeyears, as well as obligation to repair damages, closure of establishment, withdrawalof permits, etc.Tort liability for environmental damages arises whenever damages to the environmentor to third parties are caused by the non-compliance with environmental laws.Criminal sanctions may be applied by the Court of First Instance, at the requestof the Environment Attorney's Office, an agency created by the law as a departmentof the General Attorney's Office to represent the interests of the State andsociety in all procedures of environmental laws violations.LAW 202-04 ON PROTECTED AREASIn the year 2004 was enacted Law 202-04 on Protected Areas, which was subjectto a lot of questionings by different sectors of society.An annulment appeal waseven filed with the Supreme Court of Justice against this statute on the groundsof being contrary to the Constitution.This appeal was rejected in 2005.109INTERNATIONAL AGREEMENTSIt is also worth mentioning that the Dominican Republic is a member of severalenvironmental conventions, agreements and protocols originating mostly withinthe framework of the United Nations Environment Programme.These agreements may in one way or another have an influence in business activities:Basel Convention on Control of Cross-border Movements of Dangerous.Vienna Convention on Protection of the Ozone Layer.Montreal Protocol on Substances Damaging the Ozone Layer.United Nations Frame Convention on Climate Change.Kyoto Protocol of the United Nations Frame Convention on Climate Change.Convention of Biological Diversity.Cartagena Protocol on Biotechnology Safety.Convention on International Trade of Endangered Species.United Nations Convention on Fight against Desertification and DryConditions.RAMSAR Convention on Wetlands.Convention for Protection and Development of the Marine Resources in theWider Caribbean Region (Cartagena Convention).Protocol on Sea Pollution Sources from Terrestrial Sources and Activities.Protocol on Specially Protected Areas and Wildlife in the in the WiderCaribbean Region (SPAW).Protocol on Fuel Spills.International Convention for the Prevention of Marine Pollution from Ships(MARPOL).
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FOREWORDA place to invest ...The Do
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MAININVESTMENTSECTORSThe Dominican
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