On Sunday, March 15th, 2020, the Governor of Puerto Rico, Hon. Wanda Vazquez Garced, issued Executive Order No. 2020-023 to further establish public policy on the handling of the coronavirus (COVID-19) pandemic in Puerto Rico.  The Executive Order requires (among other matters) the closing of all businesses, except those specifically excluded in the Executive Order.

The mandatory closing shall be in effect from 03/15/20 until 03/30/20.  In addition, the Executive Order imposes a curfew on all residents in Puerto Rico, permitting their movement from 5:00 a.m. to 9:00 p.m. only for purposes of visiting the specific businesses or services that may continue to operate pursuant to the Order, and restricting the movement of any person, except those employees or officials specifically authorized to do so because to their trade or work, from 9:00 p.m. to 5:00 a.m.

The Executive Order excludes from the mandatory closing the following:

Businesses engaged in the retail sale of food, only through the model of drive-thru service or delivery (“carry out” or “delivery”), including prepared foods, or dedicated to wholesale or distribution of food, medicines or medical equipment, pharmacies, supermarkets, gas stations, banking or financial institutions, nursing homes, or those that are related to the chain distribution of food, medications, medical supplies, or fuel.

Meanwhile, the travel of citizens in Puerto Rico between 5:00 a.m. and 9:00 p.m. is permitted:

For the procurement of food, pharmaceutical products, and articles of primary necessity; medical appointments, going to hospitals, laboratories, or medical-hospital service centers; going to the place of work that according to the Executive Order has not been ordered to close; to public and private employees who perform essential work; in cases of return to the usual place of residence in a permitted activity; to offer assistance, care, transportation of citizens and senior citizens, minors, dependents, people with disabilities or especially vulnerable people who require some kind of medical or professional attention, the above as long as precautions are taken to prevent contagion; going to financial institutions; and/or during an emergency situation.

The following citizens are excluded from restrictions:

Persons duly identified as employees of public or private security agencies, at the state and federal level, health professionals, staff working in hospitals, pharmacies, pharmaceuticals, bioscience facilities, or health centers, personnel who are working in the wholesale distribution chain and manufacturing of goods and food, from the origin to the consumer sales establishments, personnel who are working with critical utilities or infrastructure, call centers (call center), ports and airports personnel, members of the press, or those citizens who are attending to emergency or health situations are excluded from the restrictions of the Order.

The Executive Order specifically mandates the closure of shopping centers, cinemas, nightclubs, concert halls, theaters, game rooms, casinos, amusement parks, gyms, bars or any analogous place or event that fosters the gathering of a group of citizens in the same place.

Non-compliance with the Executive Order by any person and/or company may entail the implementation of criminal penalties and fines as established by the provisions of any applicable law and Law 20-2017, as amended, which establishes the penalty of imprisonment that will not exceed six (6) months or a fine that will not exceed five thousand dollars ($5,000) or both penalties at the discretion of the court.

For any questions or inquiries regarding this topic do not hesitate to contact us at info@oneillborges.com or your prime contact attorney at O’Neill & Borges.