Question 1

What are the requirements to be a shipping agent?

Accepted Answer

Based on Resolution No. 47-96, in its articles 3 and following, they establish that:

Article 3.- To exercise the functions of Ship Consignee Agents in the ports authorized in the country, under the Dependency, Control, Administration and Operation of the Dominican Port Authority, it is required to comply with the requirements and procedures detailed below:
 
Address a motivated request in writing to the Executive Director of the Port Authority, accompanied by the following documents:

Detail of the Ports where you wish to operate as Ship Consignee Agent;Applicants must be legal or legal persons, commercial companies, with a subscribed and paid capital of not less than RD $ 250,000.00 (Two Hundred Fifty Thousand Pesos and 00/100) Dominican pesos.

Registered Copy of the constitutive documents of the Commercial Company;Non-Delinquency Certificate issued by the Office of the Attorney General of the Republic, in favor of the legal representative (s) of the company;

National Taxpayer Registry (RNC) of the applicant legal person or commercial entity (company) Payment RD $ 2,000.00 (Two Thousand Gold Pesos with 00/100), by Certified check made out to the Dominican Port Authority, to cover the required administrative expenses for the processing and processing of the corresponding application;

Payment of RD $ 3,500.00 (Three Thousand Five Hundred Gold Pesos with 00/100), by Certified Check in the name of the Secretary of State for Finance (Ministry of Finance), which must be deposited in the Accounting Department of said Secretary, then processed the request.
Article 4.- The Dominican Port Authority, after examining and weighing the documents sent by the applicants and finding them compliant and correct, will proceed to submit to the knowledge and approval of its Board of Directors, the request for the license for the operation of Consignee Agents of Ships in the Ports of the Country, under its dependence, Administration, Control and Exploitation. After the corresponding authorization by said Council, the complete file will be processed to the Secretary of State for Finance (Ministry of Finance) for the issuance of the requested license.

Question 2

What are the requirements to operate as a logistics center?

Accepted Answer

Requirements:
 
Communication addressed to the Director General of Customs requesting authorization to operate as a Logistics Center.
 
Copy of the property title or, failing that, the duly legalized lease or public conception contract.
 
Affidavit stating that neither the requesting legal entity, nor its partners or shareholders, nor the legal representatives, nor the members of the board of directors, have been sanctioned during the 10 years prior to the request, for crimes or willful infractions to the tax and customs regime; and that they have never been convicted of matters related to drug trafficking or money laundering.
 
Non-delinquency certification issued by the Office of the Attorney General of the Republic, in which the shareholders, members of the board of directors and their legal representative of the company appear.
 
Proof that accredits you as an Authorized Economic Operator.
Certification issued by the General Directorate of Internal Taxes (DGII), by which it is stated that they are up to date in the payment of their tax obligations.
 
Copies of the plans or perspectives, indicating the offices, customs control sites, scales, soil studies, environmental, and electrical plans, duly approved by Public Works.
 
Environmental Certification where it is stated that it complies with environmental requirements.
 
Submit a technical feasibility study that meets the specifications established in paragraphs i, ii and iii of numeral e of Art. 5 of Decree No. 262-15.
 
Present insurance policy against fire, theft, floods and natural catastrophes.

Presentation of the cost-benefit analysis study carried out by the Ministry of Finance.

Payment of One Hundred Thousand Pesos (RD $ 100,000.00), by certified check payable to the General Directorate of Customs, to cover the administrative expenses required for the processing and processing of the corresponding request.
 
Procedures to follow:
 
Interested party files a duly bound file with the requirements of Correspondence and Archives of the General Directorate of Customs Headquarters.

Question 3

What are the requirements to be a logistics operator?

Accepted Answer

Requirements:
 
Communication addressed to the Director General of Customs requesting authorization to operate as a Logistics Operator.
 
Proof that proves to be located within a Logistics Center or Copy of the license to operate as a Fiscal Warehouse, Re-export Warehouse or Consolidation and Deconsolidation Warehouse, you must have the deposit up to date.
 
Affidavit stating that neither the requesting legal entity, nor its partners or shareholders, nor the legal representatives, nor the members of the board of directors, have been sanctioned during the 10 years prior to the request, for crimes or willful infractions to the tax and customs regime; and that they have never been convicted of matters related to drug trafficking or money laundering.
 
Non-delinquency certification issued by the Office of the Attorney General of the Republic, in which the shareholders of the company appear.
 
Not having incurred a tax crime.
 
Certification issued by the General Directorate of Internal Taxes (DGII), by which it is stated that they are up to date in the payment of their tax obligations.
 
Present economic and technical feasibility study that demonstrate the activity and logistics development that it will offer to third parties or that it will implement for itself, must be submitted to the Ministry of Finance for the purpose of preparing the cost-benefit analysis provided for in Article 45, of the Law No. 253-12.
 
Insurance policy, in favor of or endorsed to the General Directorate of Customs (DGA), to respond for possible duties and taxes of the merchandise in its facilities.
 
Fire and Allied Lines insurance policy, which covers the goods under deposit.

Payment of Fifty Thousand Pesos (RD $ 50,000.00), by certified check made out to the General Directorate of Customs, to cover the administrative expenses required for the processing and processing of the corresponding request.

Question 4

What are the requirements to apply for certification as an authorized economic operator (OEA)?

Accepted Answer

Requirements:
 
Self-assessment questionnaire.
Application Form, available in the SIGA-OEA Module.
RNC certification from the DGII.
Commercial Registry.
List of majority shareholders, members of the board of directors, legal representative, tax advisor ...
Certification issued by the General Directorate of Internal Taxes (DGII), stating that it is up to date in the payment of its tax obligations.
Copy of the last three (3) Audited Financial Statements and reports of the independent auditors.
License, authorization, registration or resolution that endorse the operations of the company issued by the competent authority.
Organization chart.
Process map.
Matrix of critical charges.
Updated risk matrix.
 
Procedures to follow:
 
Applicant company deposits in Correspondence and File of the General Directorate of Customs Headquarters the Certification Request Form and other required documents.

Question 5

What are the requirements for the provision of services before the Dominican Port Authority (APORDOM)?

Accepted Answer

As established in the Service Provision Regulation 1673, the use by users, whether they are natural or legal persons; of the port facilities or facilities, or of any of their services, constitutes prior acceptance of the current port rates.

Regulation

Ley de Aduanas, No. 168-21

Averia Grueca UNCTAD

Centro Logístico Decreto 262-15

Convenio Condiciones de Inscripción de Buques de la ONU

Convenio de Atenas 1974

Convenio Sobre el Marítimo en 2009

Convenio Internacional sobre privilegios marítimos e hipoteca

Convenio Sobre la Resp. de Empresarios en las terminales maritimas en la ONU

Convenio Embargo Preventivo de Buques

Convenio Transporte Multimodal ONU

Examen del Convenio Embargo Preventivo de Buques de 1952

Ley de Administración Marítima de Panamá

Normal DGA/DGII 02-17

Ley NO. 426-07 Sanción Práctica Polizonaje en RD

Ratificaciones de Convenio

Ratificaciones de Convenio

Ratificaciones de Convenio

Ratificaciones de Convenio