ESG Latin America & the Caribbean Guide 2024 | Charting Sustainable Futures |
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Dominican Republic |
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(Latin America/Caribbean)
Firm
Pellerano & Herrera
Contributors
Alessandra Di Carlo |
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ESG Regulation related to climate change prevention or mitigation, specifically concerning carbon footprint or pollution measurement, decarbonization strategies, and/or mandates and strategies to achieve local carbon neutrality commitments | Laws/regulations concerning climate change prevention or mitigation include:
The scope of the application of these laws is Federal. |
ESG Regulation regarding energy transition (requirements or promotion and use of new second-generation renewable energy sources such as solar, wind, tidal, H2, geothermal, among others). | Laws/regulations concerning energy transition include:
The scope of the application of this law is Federal. |
ESG Regulation concerning electricity markets, carbon markets, or similar. | Not applicable. |
ESG Regulation in the realm of green or sustainable financing, including taxonomies, provisions for mandatory reporting of material financial information on environmental or social matters, as prerequisites for issuing thematic bonds (green, sustainable, | Laws/regulations concerning the realm of green or sustainable financing include:
The scope of the application of this law is Federal. |
ESG Regulation for preventing greenwashing. | Not applicable. |
Regulation on ESG Due Diligence applicable to value chains (MRV protocols to ensure the environmental integrity of products and services, etc.). | Not applicable. |
Regulation in the field of circular economy. | Laws/regulations concerning the field of circular economy include:
The scope of the application of this law is Federal. |
ESG Regulation related to stakeholder well-being and social impact. | Not applicable. |
ESG Regulation concerning non-discrimination. | Laws/regulations concerning non-discrimination include:
The scope of the application of these laws is Federal. |
ESG Regulation pertaining to the prevention of modern slavery. | Not applicable. |
ESG Regulation regarding Diversity, Equity, and Inclusion - DEI. | Not applicable. |
Regulation on ESG-linked compensation. | Not applicable. |
ESG Regulation for the protection of vulnerable or minority communities. | Not applicable. |
ESG Regulation for economic development of vulnerable or minority communities or groups. | Not applicable. |
Regulation on Personal Data Protection, concerning data usage transparency, limits on data usage to prevent discrimination issues, and corporate digital responsibility. | Laws/regulations concerning regulation on Personal Data Protection include:
The scope of the application of this law is Federal. |
ESG Regulation regarding the integration of the board of directors, board of trustees, or management body of the company (minimum participation/representation of women or minority groups, guidelines on the composition of board members with expertise in ES | Not applicable. |
Regulation on fiduciary responsibility and administrators' roles in environmental and social risk management (standards or interpretations regarding the scope of fiduciary responsibility or administrator's duty concerning the company's social purpose, bas | Not applicable. |
ESG Regulation concerning corporate purpose. | Laws/regulations concerning corporate purposes include:
The scope of the application of this law is Federal. |
Regulation on types of Benefit and Collective Interest Companies (certifications like B Corps, specific regulations for BIC companies). | Not applicable. |
ESG Regulation regarding supply chains from the perspective of ESG risk governance. | Not applicable. |
ESG Regulation in the context of M&A (ESG due diligence). | Not applicable. |
ESG Regulation related to Corporate Digital Responsibility. | Not applicable. |
Specific mandates related to national alignment with specific reporting standards. | Not applicable. |
Standards regarding the scope and frequency of such reports. | Not applicable. |
ESG Latin America & the Caribbean Guide 2024 | Charting Sustainable Futures
Dominican Republic
(Latin America/Caribbean) Firm Pellerano & HerreraContributors Alessandra Di Carlo
Updated 22 May 2024Laws/regulations concerning climate change prevention or mitigation include:
- The Dominican Constitution
The Dominican Constitution provides that the State's priority is the formulation and execution of a territorial planning plan that ensures the efficient and sustainable use of the nation's natural resources, in accordance with the need to adapt to climate change. - Law 1-12 of the National Development Strategy for 2030 (hereinafter, the "END 2030 Law", by its acronym in Spanish)
The National Development Strategy Law for 2030 is a master/framework law that covers in general terms the exercise by the national and local public sector of its functions of regulation, promotion and production of goods and services, as well as the creation of the basic conditions that foster synergy between public actions and private for the achievement of the long-term vision of the Dominican nation and the specific objectives and goals of said strategy. The specific regulations needed or required for the implementation of the Strategy National Development 2030 must be considered based on their own merits and open discussion, depending on its consistency and coherence with the vision of the long-term nation, the objectives, and lines of action of the strategy. The END 2030 Law is based on four axes, and the fourth strategic axis provides that: “A society with a culture of sustainable production and consumption, which equitably and effectively manages the risks and protection of the environment and natural resources and promotes adequate adaptation to climate change.” - Presidential Decree No. 541-20
Presidential Decree No. 541-20. Approved and established the National Gas Measurement, Reporting and Verification System Greenhouse Effect of the Dominican Republic ("MRV"), to account for the greenhouse gas emissions and implement mitigation actions to guarantee the financing aimed at promoting climate actions. The issuance of such a Decree has as background the fact that the Dominican Republic is part of the United Nations Framework Convention on Climate Change, the Kyoto Convention Protocol, and the Paris Agreement.
The scope of the application of these laws is Federal.
Laws/regulations concerning energy transition include:
- Law No. 57-07 on Incentive for the Development of Renewable Sources of Energy and their Special Regimes
This law constitutes the basic normative and regulatory framework that must be applied throughout the national territory, to encourage and regulate the development and investment in projects that take advantage of any energy source renewable and that seek to benefit from such incentives.
The scope of the application of this law is Federal.
Not applicable.
Laws/regulations concerning the realm of green or sustainable financing include:
- Taxonomies
In February 2022, a cooperation agreement for the development of the Green Taxonomy was signed by the Minister of Environment and Natural Resources; the Superintendent of the Securities Market; and the International Finance Corporation ("IFC"), for the development of green taxonomy in the Dominican Republic to generate new tools that contribute to addressing climate change, promoting sustainability and promoting an action plan that promotes climate financing and growth of green capital in the country.
The scope of the application of this law is Federal.
Not applicable.
Not applicable.
Laws/regulations concerning the field of circular economy include:
- The General Law of Comprehensive Management and Co-processing of Solid Waste, No. 225-20
The purpose of this law is to prevent the generation of waste, in addition to establishing the legal regime for its comprehensive management to promote the reduction, reuse, recycling, use and recovery, as well as regulating the collection, transportation and sweeping; final disposal sites, transfer stations, collection centers and recovery plants; to guarantee the right of all person to live in a healthy environment, protect the health of the population, as well as reduce the generation of greenhouse gases emitted by waste.
The scope of the application of this law is Federal.
Not applicable.
Laws/regulations concerning non-discrimination include:
- Constitution of the Dominican Republic
Our constitution establishes the right to equality, providing that all people are born free and equal before the law, receive the same protection and treatment from institutions, authorities and other people and enjoy the same rights, freedoms and opportunities, without any discrimination based on gender, color, age, disability, nationality, ties family, language, religion, political or philosophical opinion, social or personal condition. - END 2030 Law
The END Law 2030 provides a second strategic axis “A society with equality of rights and opportunities, in which the entire population is guaranteed education, health, decent housing and quality basic services, and that promotes progressive reduction of poverty and social and territorial inequality.” - Labor Code of the Dominican Republic
The Labor Code of the Dominican Republic is drafted under the premise of non-discrimination, setting forth provisions in this sense (including those applicable to our country as part of the Agreements of the International Labor Organization).
The scope of the application of these laws is Federal.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Laws/regulations concerning regulation on Personal Data Protection include:
- Law No. 172-13 for the Protection of Personal Data
The purpose of this law is the comprehensive protection of data personal data recorded in archives, public records, data banks or other media data processing technicians intended to provide reports, whether public or private, as well as guarantee the honor and privacy of people, and also facilitate access to the information that is recorded about them, in accordance with the provisions of the Constitution. This law mostly regulates credit bureaus in the Dominican Republic and its operations.
The scope of the application of this law is Federal.
Not applicable.
Not applicable.
Laws/regulations concerning corporate purposes include:
- The General Law of Commercial Companies and Limited Liability Companies, No. 479-08.
The General Law of Commercial Companies and Individual Limited Liability Companies, No. 479-08, generally establishes the fiduciary obligations of the directors of a company.
The scope of the application of this law is Federal.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.