2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART II - Economic Development (§§ 231-241 — 695i) › Chapter 43 - Tourist Incentives (§§ 693 — 693k) › § 693f - Denial, revocation, and limitation of the benefits under this chapter

(a) The Governor of Puerto Rico may deny any petition filed under subsection (d) of § 693h of this title when he determines, in his sound judgment, on the basis of the facts presented for his consideration by the agencies that file reports regarding the petition, and in view of the nature of the physical facilities, the number of jobs, the total payroll, the total investment, location of the project, its environmental impact, or other factors that, in his judgment, merit such a determination, that granting it would not be in the best economic and social interests of the People of Puerto Rico.
The petitioner may request a first and only reconsideration from the Governor, once he is notified of a denial based on the provisions of this section, within ninety (90) days after receiving the notice, by citing facts and arguments with regard to his petition that he might find pertinent, including the offer of any consideration in behalf of the People of Puerto Rico that he feels, in his judgment, would make the reconsideration of his petition meritorious. In reconsidering the petition, the Governor may accept any other term or condition, that does not exceed the benefits provided by this chapter, which, in his sound judgment, is necessary to safeguard the best interests of the People of Puerto Rico and the tourism development objectives proposed by this chapter.
(b) Grounds and procedures for revocation. — The Governor, or the person designated by him, may revoke the tax benefits granted under this chapter, after allowing the person that enjoys the benefits to come forth and be heard, subject to a prior recommendation of the Economic Development Administrator, the Director of the Tourism Company and the Secretary of the Treasury, as provided below:
(1) The Governor, or the person designated by him, may determine that said revocation will be effective as of the date that the concessionaire is guilty of the violation upon which the determination is grounded, in the following cases:
(A) When the concessionaire does not comply with any of the obligations that have been imposed on him by this chapter, the regulations promulgated hereunder, or the terms contained in the approval of his application, as the case may be.
(B) When the concessionaire suspends the operation of the eligible business for more than sixty (60) days without the authorization of the Governor, or the person designated by him. He must authorize such suspensions for periods of more than sixty (60) days when they are motivated by causes beyond the control of the concessionaire.
(C) In the case of a hotel, condohotel, Puerto Rican parador (inn) or guest house, when the concessionaire operates it in violation of the provisions in effect of the Minimum Requirements Code for Tax-Exempt Hotels or the Regulations of Minimum Requirements for Puerto Rican Paradores (inns), or the Regulations of Minimum Requirements for Guest Houses the Governor, or the person designated by him, may mitigate this revocation by limiting its effects to the suspension of the benefits of this chapter for periods of not less than one (1) year. The suspension periods shall be taken into consideration in computing the period of duration of the benefits under this chapter. Provided, That in case the Puerto Rican parador (inn) is separated from the parador program sponsored by the Tourism Company of Puerto Rico, the tax exemption and the other benefits enjoyed by said Puerto Rican parador (inn) will be suspended for the duration of the separation from the program.
(D) When the benefits of this chapter have been obtained through false or fraudulent representations in relation to:
(i) The nature of the eligible business,
(ii) the use that will be given, or shall be given to the business’ property.
(iii) any other facts or circumstances, that motivated the concession in whole, or in part.
History —June 2, 1983, No. 52, p. 94, § 7, renumbered as § 8 and amended on May 31, 1988, No. 35, p. 132, § 7.