DOMINICAN REPUBLIC Law and Practice Contributed by: Guillermo Estrella Ramia, Yamel Llenas Lajud, Mariela Santos Jiménez and Valentina Gallo Botero, Estrella & Tupete
5.2 Liability for Historical Environmental Incidents or Damage Law No 64-00 on Environment and Natural Resourc- es establishes a regime of objective and joint liabil- ity, under which any person who causes, tolerates or benefits from environmental damage may be required to repair or compensate for it, even without intent or negligence. This principle allows liability for historical environmental damage to extend to the current owner or operator, even if they were not the original polluter. In practice, the environmental authority distinguishes between historical and closed damages, for which responsibility lies with the original offender, and con- tinuous or unremedied damages, where the new hold- er may be considered co-responsible if they benefit from the asset or fail to take mitigation or notification measures. The acquirer, however, retains the right of recourse against the original polluter, pursuant to Article 1251 of the Civil Code, which governs the right of reim- bursement among joint debtors. In other words, while the obligation to repair may transfer in practice, fault remains with the original offender. There is no formal mechanism for exemption, so buy- ers commonly conduct environmental due diligence and agree on indemnity or warranty clauses when acquiring contaminated assets or land. 5.3 Key Defences In the Dominican Republic, liability for environmental damage is broad and governed by the principle of objective and joint responsibility established by law. However, both civil law and the administrative frame- work recognise certain limits and exemptions from liability, applicable under specific conditions. In the civil sphere, environmental damage falls under extra-contractual liability, requiring proof of damage, causal link, and generating act. Liability may be miti- gated or excluded when it is demonstrated that: • the event was caused by force majeure or unfore- seeable circumstances, such as natural disasters; or
• it resulted from the exclusive act of a third party, without the holder’s involvement. At the administrative level, MIMARENA may consider mitigating factors such as: • compliance with the conditions established in the environmental licence; • immediate voluntary repair or mitigation; • co-operation with the authority during investigation or restoration; and • force majeure or unavoidable external causes. In all cases, the Dominican system applies the princi- ple of proportionality, ensuring that sanctions or repa- rations correspond to the following: • severity of the damage; • degree of involvement; and • diligence demonstrated by the responsible party. 6. Corporate Liability 6.1 Liability for Environmental Damage or Breaches of Environmental Law The Dominican legal framework adopts a dual attri- bution model, under which both the company and its executives may be held simultaneously liable for environmental damage or regulatory violations, in accordance with the following regarding environmen- tal crimes: • Law No 64-00 on the Environment; • Law No 155-17 on Anti-Money Laundering and Counter-Terrorism Financing; and • the Criminal Code. Administrative liability falls directly on the company holding the licence or regulated activity, which may be sanctioned by MIMARENA through: • fines; • closure; • suspension or revocation of permits; and • disqualification from contracting with the state.
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