do business in the Dominican Republic - Pellerano & Herrera

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DOING BUSINESS INTHE DOMINICAN REPUBLICTo plan, guide, co-ordinate, promote and evaluate tourist activities.To program and promote the tourist industry and the investments in the sector.To establish and supervise tourist zones.To guide the design and construction of infrastructure.To carry out promotional campaigns.To control tourist operators.To create national and international offices.The Ministry of Tourism has offices for tourist promotion in the United States,Spain, France, Germany, England, Belgium, Italy, Canada, Puerto Rico, Venezuela,Argentina, Chile and Colombia. These offices carry out activities such as informationservices, advertisement through the media, organization of traditional festivitiesand participation in international fairs.REGULATION OF TOURIST ACTIVITIESLaw 541-69General Requirements. Tourism Organic Law No. 541 of 31 December 1969 providesthat any persons or companies that offer mainly tourist services and thatare considered to be a part of the national tourism organization, shall be registeredwith the Ministry of Tourism, being subject to its supervision.Hotels. Rule 2115 on Classification and Norms for Hotels of the Ministry ofTourism contains hotel classification guidelines for the purposes of determiningthe tariffs they are entitled to charge for their services.Restaurants. Here applies Rule 2116 on Classification and Norms for Restaurantsof the Ministry of Tourism.Travel Agencies. Law 541 defines these establishments as companies of a commercialnature created with the aim of providing services to tourists or travelersagainst remuneration.Gift Shops. They are currently regulated by Decree 977-02 of 31 December 2002on commercial free zones, which operate as shops for exhibiting and sellinggoods in hotels and tourist centers, being under the supervision of the Ministryof Tourism and the Customs Office.Casinos. Law 351 of 1964, as amended by Law 102 of 9 February 1965 andLaw 24-98 of 15 January 1998, regulates the grant of licenses for establishingcasinos, declaring that this is a way to contribute to the promotion of tourismand the earning of funds for the development of the sector. Licenses are grantedby the Executive Power, at the request of the interested party made to theMinistry of Finance and prior recommendation of the National Commission ofCasinos.62
Pellerano & HerreraAttorneys at lawLAW 158-01 ON PROMOTIONOF TOURISM DEVELOPMENTLaw 158-01 on “Promotion of Tourism Development for Poles of Lower Developmentand New Poles in Provinces and Places of Great Potential,and Creation of OfficialFund for Tourism Development” was passed on 9 October 2001. By way ofDecrees 1125-01 of 20 November 2001 and 74-02 of 29 January 2002 theExecutive Power issued the application regulations of the law, while Law 184-02of 23 November 2002 made certain minor amendments to ensure the properexecution of the law.a) Purpose. The main purpose of the statute is to accelerate a rationalizedprocess of development of the tourist industry in regions having great potentialor enjoying excellent natural conditions for tourist development.63b) Scope. Article 1 of the law, as amended by Law 184-02 in order to extend beneficiaryareas, lists the tourist poles, provinces and municipalities that may benefitfrom the established incentives, as follows:1. Tourist Pole No. 4, Jarabacoa and Constanza.2. Tourist Pole IV, enlarged: Barahona, Bahoruco, Independencia and Pedernales3. Tourist Pole V, enlarged: Montecristi, Dajabon, Santiago Rodriguez andValverde.4. Tourist Pole VIII, enlarged, comprising the province of San Cristobal and themunicipality of Palenque, the province Peravia and the province Azua deCompostela.5. Province of Maria Trinidad Sanchez and all its municipalities.6. Tourist Pole of the Samana province.7. Province of Hato Mayor and its municipalities; province El Seibo and itsmunicipalities; province of San Pedro de Macoris and its municipalities;province of Espaillat and its municipalities:Gaspar Hernandez,Higüerito,JoseContreras,Villa Trina and Jamao al Norte; provinces of Sanchez Ramirez andMonseñor Nouel; province of Monte Plata; in the province of La Vega, themunicipalities of Jarabacoa, Constanza and Guaigüí; the municipality ofLuperon, as well as El Castillo y La Isabela Historica, in the province of PuertoPlata, and the Colonial Zone in Santo Domingo.8. Province of Santiago, and its municipalities.9. Municipality of Lagunas de Nisibon and sections El Macao, Uvero Alto andJuanillo, of La Altagracia province.Although these are the regions of concentration of promotional efforts, it stillgrants certain incentives of lesser scope to the other areas of the country.Any physical or legal person having its domicile in the country that undertakes,promotes or invests money in any of those regions in relation to any of thetourist activities mentioned below, may benefit from the incentives of the newstatute.Tourist activities benefiting from the incentives are the following: hotels, con-
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