DOMINICAN REPUBLIC Law and Practice Contributed by: Guillermo Estrella Ramia, Yamel Llenas Lajud, Mariela Santos Jiménez and Valentina Gallo Botero, Estrella & Tupete
is of public interest, and that all individuals and legal entities must co-operate with authorities and third parties to ensure proper environmental management. Consequently, in asset or company transactions, the seller is implicitly required to disclose any relevant environmental issue that could affect the value, use or legal compliance of the asset or project. 17.3 Key Issues in Environmental Due Diligence The most frequent environmental issues in corporate or real estate transactions relate to: • regulatory compliance; • the existence of environmental liabilities; and • the validity of permits issued by the Ministry of Environment and Natural Resources (MIMARENA). It is common to find expired or conditional licences, breaches of environmental management plans, and soil or water contamination, all of which can trigger strict liability under Law No 64-00, even for the new owner.
Other recurring findings include pending administra- tive proceedings, deficiencies in waste traceability, and omissions in environmental disclosure by the seller, which may lead to contractual claims or asset devaluation. Together, these factors make environmental due dili- gence a critical component for identifying risks, accu- rately valuing assets, and ensuring legal security in any corporate or real estate transaction.
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