do business in the Dominican Republic - Pellerano & Herrera

DOING BUSINESS INTHE DOMINICAN REPUBLICbe confiscated when such property is the evidence or the results of a felony orcrime.Offenses subject to special laws include:The issue of checks without funds, which is a felony.Drug-trafficking and money laundering, which are crimes (Law 50-88 onDrugs and Controlled Substances, Law 72-02 on Money Laundering and Law19-03 on Custody Office of Confiscated Assets).Fiscal offences and felonies, which are sanctioned with fines, prison,confiscation of property, closing of business, prohibition of professionalpractice, cancellation of permits, etc. (1992 Tax Code).CRIMES OF DOMINICAN JURISDICTIONDominican courts have jurisdiction to try foreigners who infringe criminal lawsin the country, even when the victim is also a foreign person. On the contrary,offenses committed by foreigners abroad do not fall under the jurisdiction ofDominican courts, even when the accused is a Dominican resident or when thevictim is a Dominican citizen.Dominican courts may try crimes committed by Dominican citizens abroadwhen the following conditions are met:1. The violation is punished by Dominican laws;2. The accused has not been tried abroad;3. Dominican authorities have received a formal complaint from the victim orthe foreign government; and4. The accused is in the country.134EXTRADITIONExtradition provides the formal surrender of an individual by one country toanother so that the person be tried or sentenced for crimes committed in thatcountry.The extradition of Dominican citizens is prohibited.This prohibition applies alsoto foreigners, which have obtained Dominican nationality before committing thecrime that motivates the extradition request.a) Extradition ProcedureIn the absence of international treaties, Dominican laws provide that the countrycan grant extradition according to reciprocity principles. Extradition may beactive or passive.A) Active Extradition. When a person against who there has been a criminalaccusation and arrest orders have been issued, is found to be in a foreign country,the competent court or judge is entitled to initiate an extradition process, atthe request of the Public Attorney or the parties.The Ministry of Foreign Affairsmust then send the extradition request to the foreign government within twomonths.