Areas of expertise:

• Full range conventional corporate housekeeping services
• Resolution of conflicts with individuals, corporations and/or government agencies
• Strategies to mitigate tax impact
• Strategies for a family business to pass on to next generations
• Melding local and international legal exigencies
• Incorporations/Mergers/Acquisitions/
• Divestments/Dissolutions
• Labor law

Did you know …?

• DR labor law extends extraordinary protection to workers claiming improper treatment and/or dismissal, and Dominican courts are required to apply the law in the fashion most favorable to the worker.
• Dissolving a company incorporated in the DR may incur in greater liability than leaving it intact but inactive.

Consultancy on the intricacies of DR tax law.

Tax exemptions are available to domestic and foreign investors, in theory, in areas such as renewable energy, free zones, tourism, development on the Haitian land border and other special regimes. Theory can become unassailable fact by expert handling of application, execution and administration of exemptions.

Did you know …?

• Exemptions may be granted by one governmental agency but administered by another, opening the possibility of misunderstanding and differing interpretations.
• An adverse ruling by a governmental agency can be appealed administratively within the same agency before being litigated in Dominican courts.

The DR enjoys considerable mineral wealth, including gold, nickel, some silver and idle bauxite deposits. In order to attract foreign companies with the necessary capital and knowhow, special frameworks have been enacted which, among other things, grant major customs and income tax exemptions. The requisites and procedures for eligibility are complex and strict.

Did you know …?

Over two presidential administrations, a governmental agency in effect has attempted to rescind rights granted by concession to a foreign mining concern ten years after those rights were granted. The issues have been litigated all the way up to the highest courts in the DR land and is currently under international arbitration.

We have extensive experience in the field of energy law. We were advisors to the Dominican State in the drafting of the current General Electricity Law and we have provided external consultancy services to regulatory bodies of the electricity system. Our experience in this area also includes legal advice on current regulations; negotiation of concession contracts with the State; drafting of bidding proposals for energy concessions; legal infrastructure for the establishment of energy projects and representation in administrative proceedings.

We also offer legal assistance in obtaining concessions before the National Energy Commission and in the design of the most appropriate corporate structures for the development of wind projects and other renewable energy sources, taking into account the special regulatory framework created by Law No. 57-07, of 07/05/2007, on Incentives for Renewable Energies and Special Regimes. We also provide assistance in all matters related to the financing of energy projects.

We have extensive experience in handling acquisitions, mergers and spin-offs, regulated by the General Law of Commercial Companies 479-08.

Our firm has participated in important processes of mergers and spin-offs of business groups, as well as the reorganization of importanT and reorganization of important asset groups in the Dominican Republic.

The firm has extensive experience in the regulatory affairs of international transactions, providing legal assistance in the execution of all types of contracts, concession contracts, franchising, representation, and other cross-border trade activities, focusing on the legal provisions in force in our country, as well as the international agreements in force in the field of international trade law.

We provide comprehensive advice to foreign investors on all legal aspects to be taken into account for the start-up of a business in the Dominican Republic, including the evaluation of the most appropriate corporate vehicles for the type of investment to be made and the applicability or not of special regimes, including taxation, incorporation of companies, registration of the investment with the Dominican Republic Export and Investment Centre (CEI-RD), among others.

Ulises Cabrera provides legal advice related to the negotiation and execution of distribution and representation contracts for national and international companies and products, as well as the negotiation of amendments and termination of such contracts. Such services include, in applicable cases, the registration of distribution and agency agreements with the Central Bank of the Dominican Republic under Law 173 on the Protection of Importing Agents of Goods and/or Products and its amendments. Likewise, we provide consultations related to the drafting, signing and termination of distribution and agency contracts.

We have a highly qualified staff to offer advisory and support services to our clients with relation to tendering, contracting and concession processes, including the drafting and preparation of the legal documentation to be provided for such processes. Our services include representation with respect to claims and challenges to tenders, as well as the negotiation and review of concession contracts and contracts for the provision of goods and services with government entities.

The firm has extensive experience in providing services related to the establishment and administration of industrial parks, export free zone companies, service free zones and special free zones.

Such services include: obtaining and renewing operating/installation permits before the National Council of Export Free Zones (CNZFE); negotiating and signing purchase, lease and service contracts with industrial parks; obtaining the corresponding tax exemption from the Ministry of Finance, including the issuance and renewal of the ITBIS exemption card; registration as a free zone company; obtaining and managing certificates of no objection from before the CNZFE; transfer of benefits and closing of operations; among others.

Our practice in regulatory law is characterized by an efficient representation of our clients before various governmental institutions in the management of permits and licenses necessary for their operations; as well as in the management of their renewals and the necessary support to maintain their validity. To this end, our lawyers keep themselves at the forefront through constant training on the legal, normative and regulatory provisions of the various regulated sectors. We also provide all types of consultations related to the regulated sectors in the Dominican Republic.

Prevention of the Laundering of Assets and the Financing of Terrorism

Our firm was one of the pioneers in the design and provision of services related to the Prevention of the Laundering of Assets and the Financing of Terrorism (PLAFT). These services include the design of a PLAFT program in accordance with the reality of the company, oriented towards compliance with the regulations governing the matter, without neglecting the commercial and customer service aspects.

Our services also include monthly monitoring plans that allow our clients to simplify processes, maximize economic and human resources, as well as reduce the workload in the due diligence process. Similarly, we provide training services aimed at non-financial regulated entities, segregated by business activity (real estate, vehicles, lawyers, among others); as well as external audits to identify findings and opportunities for improvement to align the content of the PLAFT compliance programs with what is executed by the regulated entity, within the framework of what is established by current regulations.

We provide comprehensive advice on competition matters, particularly in relation to the recently implemented Antitrust Law, including abuse of dominant position, relevant market, unfair competition, among others.

Our firm has staff trained to provide advice and services related to civil aviation, including: drafting of all types of documents related to aircraft, including but not limited to the purchase and sale, lease, or the constitution and cancellation of mortgages on aircraft; registration of aircraft; drafting of all types of documents including the purchase and sale, lease, or the constitution and cancellation of mortgages on aircraft; advice on issues related to aircraft financing; representation of airlines; various procedures before the Dominican Institute of Civil Aviation and the Civil Aviation Board, among others.

We advise financial intermediation and foreign exchange entities on compliance with and application of the special market regulations contained in the Monetary and Financial Law and applicable regulations, as well as representation in administrative and judicial actions. We have highly qualified personnel to advise on obtaining permits from regulatory bodies to operate any type of financial intermediation entity, as well as the acquisition of shares in such entities and everything related to their operations. We also have vast experience in all matters related to the securities market, including the management of permits before the regulatory body.

We offer legal advice on the various regulatory aspects applicable to the establishment and development of real estate, tourism and industrial projects according to environmental standards.

We also work on the following matters:

• Environmental permits and licenses.
• Environmental impact assessment studies and environmental audits.
• Legal representation in administrative proceedings, criminal proceedings, and civil claims for environmental damage.
• Structuring and implementation of sustainable or “green” projects in the Dominican Republic.

The firm has extensive experience in providing services related to the insurance sector, particularly in the regulatory field. This includes the establishment of insurance companies, representation and negotiation of purchase and sale of shares of insurance companies, as well as advice on their day-to-day operations. We also provide consultations regarding the regulations of the Social Security System, as well as the General Insurance Law.

We provide services related to the shipping industry, international and coastal shipping, cargo and passenger transportation; port legal services, establishment, operation, contracts, claims, purchase and registration of vessels, leasing and financing, as well as general regulatory advice.