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thereof that was contrary to the new law was repealed. 157 Once the 2004 General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repealed.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.
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