72 | Report on the Situation of Human Rights in the Dominican Republic another foreign destination, would be grantedthe privileges of transient persons. Thus, the State will grant the privileges enjoyed by a transient person [transeúnte] to foreign nationals “in transit” through the territory of the Dominican Republic while traveling abroad. A period of 10 days was ordinarily considered sufficient for foreign nationals to be able to transit through the territory of the Republic. In its Section V, which deals with transient persons, Immigration Regulation No. 279 provided the following: a) Foreign nationals seeking to enter the Republic primarily for the purpose of traveling through the country in route to another foreign destination shall be accorded the privileges accorded to transient persons. These privileges will be granted even to a foreign national who would not qualify to enter the country as an immigrant, provided his or her entry is not contrary to health and public order. The foreign national shall be required to declare his or her destination, the means he or she has chosen for travel thereto and the date and place of his or her departure from the Republic. A period of 10 days shall ordinarily be deemed sufficient time to be able to transit through the Republic. b) A foreign national admitted for the purpose of travel through the country bound for another destination abroad shall be given a disembarkation permit valid for 10 days. No fees shall be charged for the permit, which the person to whom it was issued must keep for the duration of his or her transit through the Republic and return to the Immigration Inspector when leaving the country. 156 150. Immigration Law No. 95 and Immigration Regulation No. 279, both of which date back to 1939, were the laws governing immigration until General Immigration Law No. 285-04 entered into force on August 15, 2004, whereupon any law or part thereof that was contrary to the new law was repealed. 157 Once the 2004 General Immigration Law entered into force, it was established that for purposes of remaining in the country, foreign nationals can be admitted as either “Residents” or “Nonresidents.” 158 151. Once the 2004 General Immigration Law entered into force, new meaning was attached to the phrase “in transit”. The provision allowing 10 days “in transit” was repealed. Under Article 36 of the General Immigration Law, the following categories of persons are considered nonresident aliens: (…) 10. For purposes of application of Article 11 of the Constitution of the Republic, non-resident aliens are persons in transit. 159 156 157 158 159 Dominican Republic, Immigration Regulation No. 279, May 12, 1939, Section V. Dominican Republic, General Immigration Law, No. 285-04, August 15, 2004, Official Gazette No. 10291, August 27, 2004, Article 154. Dominican Republic, General Immigration Law, No. 285-04, August 15, 2004, Official Gazette No. 10291, August 27, 2004, Article 29. Dominican Republic, General Immigration Law, No. 285-04, August 15, 2004, Official Gazette No. 10291, August 27, 2004. Article 36. Organization of American States | OAS

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