do business in the Dominican Republic - Pellerano & Herrera

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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.
Pellerano & HerreraAttorneys at lawB) Passive Extradition. Extradition requests made in relation to persons that arein the Dominican Republic must be sent by the Executive Power to the SupremeCourt of Justice for the taking of a decision.b) Extradition TreatiesThe Dominican Republic has signed extradition treaties with the United Statesand Spain. Furthermore, the country is a member of the Inter-AmericanExtradition Convention of 1981.Allowing for a few variations, these treaties havethe following elements:The offense must have a certain importance and lack political motivations.An official request must be made through the proper channels.The country making the request must have jurisdiction to try the offence thatmotivates the request.The country will be obliged to deliver the accused if all conditions are met.The accused cannot be tried or sentenced for a crime different than thatmotivating the extradition.Extradition cannot be granted if the statute of limitations for the offence hasexpired, or if the accused has already been tried and served his sentence.If the extradition is requested to serve a sentence,the pending sentence mustbe at least six months.Extradition may be delayed for health problems of the accused, or to allowthe accused to be tried and serve sentence in the country for any othercrimes that he may have committed in its territory.DEPORTATIONForeigners which undertake any of the following activities in the Dominican territorymay be arrested and deported to their country of origin:Infringement of immigration laws, such as illegal entry in the country, use offalse documents, stay in the country after expiration of visa, etc.Subversive activities against the Dominican Government.Drug-trafficking.Conviction of a crime within five years after entering the country.Practice of prostitution or related activities.Becoming a public burden within five years after entering the country.The officers charged of investigating these cases are the immigration inspectors,who may request arrest orders to the Immigration Director. However, the foreignercannot be deported without having previously the chance to defend himselffrom the charges of which he has been accused.135
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FOREWORDA place to invest ...The Do
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MAININVESTMENTSECTORSThe Dominican
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