Preclearence in Punta Cana promotes tourism and does not violate the Constitution

SANTO DOMINGO, RD, February 17, 2021.- The renowned lawyers, Olivo Rodríguez Huerta and Nassef Perdomo Cordero, affirm that the pre-air check agreement for travelers leaving the Dominican Republic for the United States will benefit Dominican tourism and the security of both countries.

Rodríguez Huerta and Perdomo Cordero will ensure that the agreement, which will be applied in principle at the Punta Cana International Airport (AIPC), is not unconstitutional nor does it damage national sovereignty, as stated by four former magistrates of the Constitutional Court.

Both jurists agreed to endorse the agreement between the two countries so that passengers who travel to that country from Dominican airports can pass immigration and customs controls when leaving the country and not upon arrival in the United States.

The jurists consider that the agreement is not unconstitutional and, therefore, does not threaten national sovereignty, and on the contrary – they assure – will benefit tourism and the security of the United States and the Dominican Republic.

In particular, Perdomo Cordero emphasized that the agreement does not violate the Constitution as it is only about transferring to Dominican airports an administrative process that is carried out in US air terminals.

“In no way does it diminish the power of the Dominican State in the pre-check areas, nor does it cede its powers to the United States. It does not imply the transfer of Dominican law, because in our understanding, the customs pre-authorization zones will not have the status of American sovereignty since, for example, Article 7 of the treaty provides that Dominican laws apply in that area, ”he said.

For his part, Rodríguez Huerta understands that the customs pre-check agreement is an exclusive initiative of the Dominican Government to strengthen relations with the United States and is a compensation mechanism for the appearance of new tourist destinations and the problems of the sector due to the covid -19.

“Pre-authorization is an opportunity for the Dominican Republic, especially now where tourism lags behind other sectors and where a significant part of foreign visitors come from that country,” he said.

After assessing the advantages that the RD-USA pre-screening agreement for air travel will have in terms of airport security, the jurists consider that it is part of a context of globalization, in an interconnected world and with permanent movements of people, which requires a close collaboration between countries to address numerous challenges and threats such as organized crime and terrorism.