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Promiches is created to support the launch and development of the Miches tourist destination

Local promoters, hotel operators, and prominent landowners from the Eastern region of the Dominican Republic recently created the Hotel and Tourism Association of El Seibo and Miches –PROMICHES, with the aim of positioning Miches as an environmentally-responsible and inclusive tourist destination.

PROMICHES will promote the development and growth of innovative and socially-responsible businesses that protect and enhance the environmental and cultural diversity of the area, aimed at differentiating the country’s tourism offering.

Alfredo Guzmán Saladín, partner at the Guzmán Ariza Law Firm, and Giselle Pérez, senior counsel, are proud to have been part of this initiative since its inception and to have been chosen as members of the Board of Directors of PROMICHES, on behalf of its founding members: Club Med Miches Playa Esmeralda and Rivera del Yásica Corporation. For years the firm has focused on attracting important tourism and real estate investments in the area and in successfully assisting its clients in their real estate acquisitions, as well as in obtaining tourism, construction, environmental, operating permits, and tax exemptions. Under tourism development law 158-01.

PROMICHES is comprised of Yamil Isaías, from Development Sicuani and president of the association; William Phelan, from the Tropicalia Project, vice president of the association; Paola Mora, from Club Med Miches, also represented by Alfredo Guzmán Saladín and Giselle Pérez; José Ramón Astarloa, from Dreams/Secrets Costa Esmeralda; Frank Elías Rainieri, from Ciudad Esmeralda; George A. Nader, from the Maralda Project; José Blanco, from Viva Miches; Marcial Suárez, from Punta Hicaco Development; Jason Sees, from Carlyle Sees Agroindustries; Giovanni Rainieri, from Corporación Celedín; Alfredo Guzmán Saladín, representative of the Rivera del Yásica Corporation; Diego Aguayo, from Bahía Esmeralda; and Carl Carlson, of Inversiones Yubaso.

Its thirteen members represent projected investments totaling one thousand one hundred and eighty million dollars (UD$ 1,180,000.00), and developments which will bring 3,400 new hotel rooms and 1,400 residential rooms to the Miches destination, as well as as well as the required infrastructure necessary to maintain its operations.

Guzmán Ariza opens a new office in Altos de Chavón 

Guzmán Ariza recently inaugurated its eighth office in the Dominican Republic, expanding its presence to the main tourist and commercial hubs in the country. 

The Altos de Chavón office offers the firm’s full range of services, with a special focus on providing our customary exceptional service in the areas of real estate, construction, tourism, litigation and immigration to our exclusive Casa de Campo clientele. 

The new office is located in the K building of Altos de Chavón, in Casa de Campo, La Romana and will be open Monday to Friday, from 8:00 AM to 6:00 PM. 

Property reassessment amnesty law 46-20 extended for additional 90 days 

 FEBRUARY 1, 2021 

On January 20th, Dominican President Luis Abinader enacted Law 7-21, which extends the term to apply for the benefits of the Voluntary Wealth Disclosure Law (46-20) for an additional period of 90 days.  

The Voluntary Wealth Disclosure Law No. 46-20, is of utmost interest to real estate investors in general. The law establishes a special and transitory amnesty tax for taxpayers to voluntarily disclose or reassess all their movable and real estate properties, including those which may have not been previously declared or registered at the tax level.  

The law, which applies and benefits Dominican nationals and resident or non-resident foreigners alike, as well as local or foreign DR-registered corporate entity holdings, calls for taxpayers to normalize their fiscal obligations and voluntarily disclose their assets at market value before the Dominican Tax Office (DGII), through the payment of a one-time and definitive 2% across-the-board amnesty tax overall disclosed or reassessed assets. 

According to the new extension, taxpayers will have a limited period of 90 days starting from its date of enactment to apply before the DGII in order to benefit from the tax amnesty. The new deadline to apply is April 20th. 

In practical terms, this law gives taxpayers the opportunity to update the value of their properties, either because: a. their value has increased significantly; b. if at the time of purchase they were not recorded for their real value; c. if they built improvements and never had them declared; or, d. if in the purchase contract the price was established in United States Dollars and the Dominican Peso devaluation has diminished their registered acquisition value.  

If you decide to benefit from this law, you would be paying 2% on the increased value, thus eliminating the risk of having to pay 25-27% taxes on capital gains in case of an eventual sale in the future. 

Bear in mind that the acquisition value of the property for capital gains purposes is not the same value based on which you pay your annual real estate property taxes every year (IPI).  

The Amnesty Law is voluntary. You should seek advice from your tax counsel to receive an evaluation of your specific case before the final 90-day term expires. 

 

Fabio Guzmán Ariza will lead the edition of the Dominican Legal Dictionary and the Style Manual of the Dominican Judicial Power 

The Escuela Nacional de la Judicatura (ENJ), the Academia Dominicana de la Lengua (ADL) and the Fundación Guzmán Ariza Pro Academia Dominicana de la Lengua (FGA) will develop two fundamental works to improve the use of the Spanish language in the Dominican judicial bodies: The Style Manual of the Dominican Judicial Branch and the Dominican Legal Dictionary. 

These publications arise from an agreement signed by the three entities, represented by Dr. Dariel Suárez, director of the ENJ, and by lawyer and academic Fabio J. Guzmán Ariza, who is president of the firm Guzmán Ariza, representing the ADL and as president of the FGA, within the framework of the inter-institutional collaboration agreement, signed on April 4, 2013 by the Council of the Judiciary branch with the ADL and the FGA. 

The purpose of the editorial project, which will be directed by Fabio Guzmán Ariza, is to contribute to improving the use of legal Spanish in the Dominican Judicial branch, offering judges and judicial personnel adequate tools to write clear, precise, concise, coherent legal and correct texts, so that they can be more understandable for the common citizen, who is the final recipient of the judicial service. 

Both works will focus on the legal language in use in the Dominican Republic and will be published in digital format and for free distribution among the judicial community. 

It is an effort that is in tune with the work that the Real Academia Española and the Asociación de Academias de la Lengua Española have been carrying out in recent years, in collaboration with the General Council of the Judicial branch of Spain, with the publication of the Justice’s Style Book and the Dictionary of Legal Spanish. 

Guzmán Ariza advises Emerald Solar Energy S.R.L. on the financing for US$ 37 MM of its operations in Barahona, Dominican Republic

Santo Domingo Dominican Republic. – The Dominican firm Guzman Ariza provided advice to the company Emerald Solar Energy, SRL, a subsidiary of the Canadian group Potentia Renewables, in a financing for $ 37 million USD through the Closed Free Investment Fund for the Development of Dominican Infrastructures I, administered by Administradora de Fondos de Inversión Universal, S. A.

The loan proceeds will be used mainly to refinance the existing debt and finance the operation of a 25.0 MW photovoltaic power plant located in Barahona, Dominican Republic.

CIFI Latam, S. A. acted as Mandated Lead Arranger. Hunton Andrews Kurth’s US firm, LLP was hired by CIFI Latam as an international advisor. Dominican legal advice for CIFI Latam and the Fund was provided by Headrick Rizik Álvarez & Fernandez, while Bobadilla – Law Office acted as special advisor to AFI Universal and the Fund. Emerald was represented by Akin Gump Strauss Hauer & Feld, LLP as legal advisor in the United States and Guzmán Ariza as advisor in the Dominican Republic.

Guzmán Ariza’s lawyers were partners Fabio Guzmán Saladín and Alberto Reyes Báez, and attorney Pamela Benzán Arbaje.

Guzmán Ariza is Attending INTA 2020 Annual Meeting

Guzmán Ariza is in attendance at the INTA 2020 Annual Meeting, which takes place from November 16 until the 21st, as a virtual event.

IP senior counsel Leandro Corral will be representing our firm’s IP Department. Leandro stated that “Although we can’t meet in person this year, we would like to thank INTA for all its efforts in making this conference happen regardless of the pandemic, and for providing as much value as possible to all attendees, considering the limitations brought forth by this situation.”

Leandro is looking forward to hearing from attendees about their IP needs and to provide creative solutions regarding their IP strategies. If you would like to arrange a virtual meeting, please do not hesitate to reach out to him at lcorral@drlawyer.com.

Ministry of Labor Issues Resolution to Regulate Remote Work

The Ministry of Labor of the Dominican Republic announced the issuance of resolution number 23/2020 for the regulation of remote work as a special work modality, which will enter into force on December 12, 2020.

The Minister of Labor, Luis Miguel De Camps said that this resolution is issued within the context of searching for the best conditions in favor of workers and employers, in response to the COVID-19 pandemic affecting the country.

Alberto Reyes Sánchez Joins Guzmán Ariza

As senior counsel, Mr. Reyes-Sánchez will advise clients and develop relationships mainly in the areas of energy and hydrocarbons, mining and natural resources, compliance and permits and administrative law, among other areas of expertise.

Santo Domingo, Dominican Republic – Lawyer Alberto Reyes Sánchez, expert in mining, hydrocarbons, energy and natural resources joins the firm Guzmán Ariza to help strengthen these key practice areas.

As senior counsel, Mr. Reyes-Sánchez will advise clients and develop relationships with key players from the private and public sectors, in these industries. His practice at the firm will focus mainly in the areas of energy and hydrocarbons, mining and natural resources, compliance and permits and administrative law, as well as other areas of expertise.

Mr. Alberto Reyes brings his experience in the public administration to the firm, where he was the first Vice Minister of Hydrocarbons at the Ministry of Energy and Mines of the Dominican Republic (2014-2020) and served as the main advisor (honorary position) on mining and institutionalism.

He also created and directed the Extractive Industry Supervision Bureau, which coordinates the activities of the Ministry of Finance, Internal Tax Directorate, General Customs Directorate and the Central Bank, in matters of control of extractive activities in the country, and is responsible for the drafting of several important laws and regulations, including: the new general mining law that is being studied in Congress; drafted the Law for the Administration of the Mining Funds Trust and reviewed all the new regulations concerning the improvement of the administrative processes of the extractive industry in the country.

His private practice has revolved around contractual, administrative and business matters, excelling as a consultant for mergers and acquisitions in the energy sector.

“His expertise in mining, energy and hydrocarbons, both in the public and private sectors, will greatly strengthen our team and the firm’s competences in this area.”

– Fabio Guzmán-Ariza, Managing Partner

Guzmán Ariza is Featured in Latin Lawyer National 2020 as a Recommended Firm in the Dominican Republic 

Guzmán Ariza is honored to be featured by Latin Lawyer in their National 2020 directory as a recommended firm in the Dominican Republic.

Featured practice areas include real estate & tourism, corporate and M&A, and banking & finance, as well as and key partners, Fabio Guzmán-Ariza, Fabio Guzmán-Saladín and Alfredo Guzmán-Saladín.

In their analysis they go on to say that “Guzmán Ariza is one of the oldest law firms in this chapter, headquartered in Santo Domingo and present in key business and tourism centers in the Dominican Republic, it has a full service offering with a focus on corporate and finance work for international companies.”

Guzmán Ariza is Ranked as a Top Tier firm in Dominican Republic in The Legal 500 Latin America 2021 Edition

We are delighted to announce that we have been named one of the top law firms in the Dominican Republic in The Legal 500’s Latin America 2021 edition, earning a Tier 1 ranking for our Real Estate and Tourism and Labour and Employment practice. The firm was also recognized as a Leading Firm in Corporate and Finance and Dispute Resolution.

Our managing partner, Fabio Guzmán Ariza, was honored with the elite Leading Individual ranking in Real Estate and Tourism. Mr. Guzman Ariza is also a recommended lawyer in Labour and Employment, Corporate and Finance and Dispute Resolution.

Partners Fabio Guzmán Saladín and Alfredo Guzmán Saladín were both ranked as Next Generation Partners in Corporate and Finance and Real Estate and Tourism, respectively. Fabio Guzmán Saladín is also a recommended lawyer in Real Estate and Tourism, whilst Alfredo Guzmán Saladín is recommended in Corporate and Finance and Labour and Employment.

Additionally, ten of our lawyers were recognized as Recommended Attorneys in this edition, including Rubén García in Real Estate and Tourism and Labour and Employment; Rhadaisis Espinal in Dispute Resolution and Labour and Employment; Julio Brea Guzmán in Real Estate and Tourism and Labour and Employment; Alberto Reyes in Corporate and Finance and Dispute Resolution; Marianne Olivares in Dispute Resolution; and Pamela Benzán in Corporate and Finance.

In their editorial, the publication highlights our team and practice areas, and goes on to say that: “Guzmán Ariza’s real estate practice is ‘a market leader in the Dominican Republic in this area‘. The department is well known for its strong capabilities in handling condominium and hotel mandates, and is very experienced in real estate permits and project finance matters. In the Santo Domingo office, Fabio Guzmán Ariza is a highly regarded practitioner in the real estate sector, with notable expertise in condominium projects, while Fabio Guzmán Saladín is a key contact for project finance. La Romana-based Alfredo Guzmán assists multinational companies with transactions in the hospitality and tourism sectors; Julio Brea Guzmán, based in Puerto Plata, counts real estate litigation as a core area of strength; and Rubén García is a key contact in the Samaná office.”