On March 30, 2020, Puerto Rico Governor Wanda Vázquez issued Executive Order No. 2020-029, extending the previously mandated lockdown and citizens curfew issued under EO 2020-23, to  be effective until April 12, 2020.  EO 2020-29 expanded the rules for the lockdown and operation of businesses as well as additional precautionary measures to deal with COVID-19 pandemic in Puerto Rico.

Following a summary of the most relevant provisions of Executive Order No. 2020-029 (EO 2020-29) as it relates to commercial and industrial operations.

Citizens Curfew Rules

The citizens stay-at-home curfew rules were expanded to apply from March 31, 2020 until April 12, 2020. Any citizen not otherwise exempt from the exceptions of the Order, may only leave his or her residence between 5:00 a.m. and 7:00 p.m., exclusively for the following:

• Attend medical appointments, hospitals, laboratories or medical service centers or facilities.
• Provide assistance, food or transportation to senior citizens, minors, the handicapped or dependents.
• Acquire food, pharmaceutical products and basic necessities.
• Visit financial institutions for urgent matters;
• Receive any exempt service under EO 2020-029; and
• Provide any exempt service under EO 2020-029.

Use of Motor Vehicles. The use of motor vehicles in public roadways is restricted to vehicles with license plates ending in even numbers (0,2,4,6,8,) to only transit on Mondays, Wednesdays and Fridays. Motor vehicles with license plates ending in odd numbers (1,3,5,7,9) will be able to transit only on Tuesdays, Thursdays and Saturdays. License plates ending in a letter will be considered to end in an even number.

Outside of the above-mentioned circumstances, citizens may leave their residence or place of lodging in their vehicle, regardless of their license plate number, only for the following reasons:

(1) to attend emergency situations

(2)  to work in one of the businesses or activities exempted under the Order, and

(3) to perform any service exempted under the Order.

Sunday – Limited Operations. OE-2020-029 further provides that on Sundays grocery stores, supermarkets or businesses that have supermarkets will remain CLOSED, pharmacies can only operate the prescription area and for the sale of medications and personal hygiene articles, while gas stations can only dispatch fuel.

Citizens Exempted from Curfew:

Pursuant to OE-2020-029, the following citizens are exempted from lockdown restrictions:

1. Employees of public or private security agencies or law enforcement (state or federal);
2. Health professionals, personnel who work in hospitals, pharmacies, pharmaceutical companies, bioscience facilities or health centers;
3. Employees or suppliers of wholesale distribution chain businesses and the manufacture of goods and food, including those dedicated to agricultural activities;
4. Persons working with utilities or critical infrastructure;
5. Persons working in call centers (providing services for exempted industries);
6. Persons working for ports and airports;
7. Members of the press and media, and
8. Any citizen who is attending any urgent health issue.

Citizens are required to provide evidence of employment with an exempted service or business. It is also recommendable that employees of exempted businesses carry a letter from the employer certifying exempted activity.

Total Business Lockdown:

A twenty-four (24) hour closure of business operations, during the term of this Order shall remain in effect to the following businesses: cinemas, discotheques, concert halls, theaters, game rooms, casinos, amusement parks, gyms, bars, or any other place or event that encourages the gathering of a group of citizens in the same place.

Businesses Exempted from Lockdown:

The following businesses are exempt from the lockdown:

• Retail sale of food, exclusively through carry-out or delivery, without allowing diners inside the establishment. These include prepared food, wholesale, supermarkets and those related to food distribution chains including animal feed.
• Medical drugs, medical items or equipment, and its distribution chain.
• Gas stations and their distribution chains.
• Banking or Financial Institutions;
• Pawn shops (Note: while classified as financial institutions, these will only be able to provide the service for receipt of goods as a pawn and payment of debts, while serving one client at a time with security measures to prevent the COVID-19 spread and the sale of any goods or merchandise is prohibited.
• Elderly-Care centers.
• Organizations that provide basic needs for economically disadvantage populations.

Additional Services Exempted:

The EO 2020-29 expanded the following services that will be allowed as exceptions under the Order subject to the need to address emergency situations without opening commercial establishments, ordered through telephone or internet contacts, for purposes of dealing with health, hygiene or security needs and in compliance with proper controls and protection against COVID-19:

• Plumbers, electricians and exterminators and maintenance personnel of elevators and swimming pools.
• Roadside assistance and locksmith services.
• Package delivery and shipping companies.
• Funeral home operations are limited to the embalming, cremation and burial of the corpse.
• Vehicle repair companies, including technicians, tire workers and parts distributors may operate to attend emergencies on WEDNESDAYS and THURSDAYS, only between 9:00 am and 12:00 pm exclusively by appointment and attending one person at a time.
• Hardware stores or services may operate on FRIDAYS and SATURDAYS between 9:00 am to 12:00 pm, only by appointment and by coordinating the sale and delivery of merchandise, without opening the facility to the general public. The business shall also attend to one person at a time.
• Critical telecommunications infrastructure work will be permitted only for installations, repairs, maintenance and rehabilitation of plants.

Construction Sector Authorization for Essential Services:

The construction sector is authorized to continue to operate only if deemed essential under the COVID-19 emergency as long as it offers critical services of maintenance or repairs related to hospitals, water, electricity and communication services and in compliance with CDC guidelines, the Federal Department of Labor and OSHA.

Guidelines and Process to Exempt Additional Activities from Lockdown:

EO 2020-29 empowers the heads of agencies of the Government of Puerto Rico to:

• Issue additional guidelines to further regulate the relevant provisions under EO 2020-29, with the approval of the Governor. (It is expected that the Department of Economic Development and Commerce (DDEC) will issue soon, new guidelines, further to its Circular Letter No. 2020-02, clarifying business operation exemptions under EO 2020-29.)
• Identify any additional services or activities not expressly covered under EO 202-29 as an exception, that may be deemed essential services or that address an emergency, for approval by the Governor’s Chief of Staff, who will have discretion to authorize such activity or service under EO 2020-29.

Penalties for Non-compliance:

Non-compliance with the provisions of EO 2020-29 by any person and/or company will be subject to the following penalties: (a) imprisonment that will not exceed six (6) months, or (b) a fine that will not exceed five thousand ($5,000) dollars, or (c) both penalties at the discretion of the court. In addition, the Department of Consumer Affairs (“DACO”, by its Spanish acronym) has issued orders to freeze prices concerning several products of basic need. Failure to comply with such order shall be subject to additional sanctions and fines upon those entities and/or persons who violate those businesses selling those products.

This summarizes the most important aspects of EO 2020-29.

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.  Please refer to www.oneillborges.com.