TerraLex Guide to Anticorruption Legislation

No

List: - Dominican Constitution

• The Penal Code and the Law 76-02 which is the Code of Penal Procedure
• Law 672-82 of Code of Conduct for Public Officials
• Law 14-91 of Civil Service and Administrative Career
• Law 120-01 of Civil Service Ethics Code
• Law 340-06 of Government Procurement and Contracting of Goods, Services, Works and Concessions -Law 423-06 of Organic Budget Law for the Public Sector
• Law 448-06 of Bribery in Trade and Investment
• Law 41-08 of Public Service
• Law 42-08 for the Defense of the Competition
• Law 133-11 Organic Law of the Public Prosecutor´s Office
• Law 247-12 about the Public Administration
• Law 311-14 about Sworn Affidavit of Net Worth
• Law 155-17 against Money Laundering and Financing of Terrorism
• Law 340-22 for Extinction of Ownership

Prohibit the payment of bribes to public officials, committing fraud and illegal acts against the Public Administration, prohibits the unethical acts and conduct of public officials and prohibits violation of the obligation to present every year the Sworn Affidavit of Net Worth of public officials, also prohibits private corruption, illicit enrichment, tax evasion, collusion in public procurement, coalition of officials, fraud and embezzlement against the Government.

Yes, in the Dominican Republic the Law 448-06 of Bribery in Trade and Investment prohibits individuals or corporations from giving gifts or bribes to public officials and also prohibits public officials from accepting gifts or bribes related to their public function.

Yes.

No.

Yes, in Dominican Republic corporations can be held liable and prosecuted for corruption offenses in and administrative, civil, or criminal context. According to the previsions of article (4) of Law 448-06 of Bribery in Trade and Investment: “Any person, whether natural or juridical, subject to the jurisdiction of the Dominican Republic, who intentionally offers, promises or grants, directly or indirectly, to a foreign official, any object of pecuniary value or other benefit, as a favor, promise, or advantage, for said foreign official, any object of pecuniary value or other benefit, as a favor, promise, or advantage, for said official or other person, in exchange official or any other person, in exchange for the performance or omission of any act by such official in the official duties, in matters affecting international trade or investment, shall be considered a bribery offender and shall be deemed to be guilty of transnational bribery.”

Yes.

Yes.

According to applicable Law 448-06 of Bribery in Trade and Investment the following sanctions should be applied: If the briber is a Corporation:

• Shall be sentenced for a period of two (2) to five (5) years to closure or intervention and to a fine of two (2) times the amount of the rewards offered, promised, or granted, the fine cannot be less than seventy-five (75) minimum wages.
• In the cases of recidivism of relapse of the corporation the company would be subject to the closing or intervention and will be condemned for a period of five (5) to ten (10) years, or the definitive closing, and a fine of four (4) times the rewards offered, the fine cannot be less than one hundred (100) minimum wages.

If the briber is a natural person:

• Shall be punished with three (3) to ten (10) years of imprisonment and sentenced to a fine of two (2) times the amount of the rewards offered, promised, or granted, the fine cannot be less than fifty (50) minimum wages.
• If the briber is a professional, the owner or representative, with authorization of a company in the industrial, agricultural, agro-industrial, commercial or service sector, the sentence may disqualify him/her from the exercise of his/her activities for a period of two (2) to five (5) years, from the date of the final sentence, or, as the case may be, authorize the closing or intervention, for the same period of time, of the professional or business establishment under his direction.