The Dominican Republic’s environmental law recognizes the importance of the protection, conservation, and sustainable use of natural resources for the good of humanity. It creates the effective protection of the envi- ronment, as an essential duty of the State, adopting for these purposes a policy to be executed with the par- ticipation of all institutions related to the environment and the general population and with each person in particular. It also recognizes the principle of caution. The law regulates the pollution of soil, water, and air; dangerous products, elements, and substances; munici- pal and housing wastes; and human settlements and sound pollution. It regulates the concession of the rights for the use of natural resources. The administration for environment and natural resources is under the juris- diction of the Ministry of Environment and Natural Resources. Any project, infrastructure, industry, or any other activity that may affect the environment and natural resourc- es must obtain from the Ministry of the Environment and Natural Resources in advance an Environmental Per- mit, for which the interested party must present an Environmental Impact Declaration (DIA), at its own cost, or an Environmental License, for which an Environmental Impact Study is necessary. Additionally, there are rules regulating environmental permits and licenses, environmental audits, and performance bonds. The country’s environmental law establishes administrative and penal sanctions for those that violate its rules. Administrative sanctions may be applied by the Environmental and Natural Resources State Department and include fines, as well as the suspension or closing of operations. There also are environmental crimes, which may be penalized with fines and prison, apart from the obligation of repairing any damages that are caused and other measures such as the closing of the establishment and the withdrawal of the permits.
INTELLECTUAL PROPERTY PROTECTION
The complete reform for the protection of intellectual property rights in the Dominican Republic, enacted in the year 2000, was a great achievement in the modernization of the legal framework governing the country’s economic activities and a significant step forward in the process of complying with the WTO’s obligations. In addition, as a result of the application of the DR-CAFTA, the Copyrights Law and Industrial Property Rights Law have been amended in order to fortify the regulations on the matter. Dominican law regulates the transfer and diffusion of technology and protects industrial property rights. This law is in accord with the provisions of the Agreement on Trade Related Aspects of Intellectual Property Rights