Executive Order of the Governor of Puerto Rico, Hon. Wanda Vazquez-Garced, Extending the Lockdown, Continuing the Phased Reopening of Various Economic Sectors, and Other Purposes Related to the Measures Adopted to Control the Risk of Coronavirus Infection (COVID-19) in Puerto Rico.
| Jurisdicción | Puerto Rico |
| Fecha | 21 Enero 2020 |
| Orden ejecutiva nº | OE-2020-041 Eng |
CERTIFIED TRANSLATION
GOVERNMENT OF PUERTO RICO
LA FORTALEZA
SAN JUAN, PUERTO RICO
Administrative Bulletin Number: OE-2020-041
EXECUTIVE ORDER OF THE GOVERNOR OF PUERTO RICO, HON. WANDA
VÁZQUEZ-GARCED, EXTENDING THE LOCKDOWN, CONTINUING THE
PHASED REOPENING OF VARIOUS ECONOMIC SECTORS, AND OTHER
PURPOSES RELATED TO THE MEASURES ADOPTED TO CONTROL THE RISK
OF CORONAVIRUS INFECTION (COVID-19) IN PUERTO RICO.
WHEREAS:
Exercising caution is an essential antidote for citizens to control
the spread of COVID-19 on our Island. Maintaining social
distancing measures is an individual duty that falls upon all of us.
WHEREAS:
For its part, the Government of Puerto Rico has made all
necessary efforts and has implemented all necessary measures in
order to prevent and halt the spread of COVID-19 and to safeguard
the health, lives, and safety of Puerto Rico’s residents. To this end,
and in line with the declaration issued by the World Health
Organization (WHO) classifying the respiratory disease caused by
COVID-19 a pandemic-level health and social emergency that
requires effective and immediate action from all governments and
jurisdictions throughout the world, Administrative Bulletin OE-
2020-020 was issued on March 12, 2020. Under the
aforementioned order (OE-2020-020), a state of emergency was
declared throughout the entirety of our archipelago due to the
imminent threat posed by the spread of COVID-19.
WHEREAS:
Following the emergency declaration issued by the President of
the United States, Donald J. Trump, the Government of Puerto
Rico has published various Administrative Bulletins related to the
pandemic. To wit, Administrative Bulleting OE-2020-023 was
issued on March 15, 2020, establishing additional measures to
slow and contain the spread of COVID-19 in Puerto Rico (OE-
2020-023), including, among other measures, the implementation
of a lockdown that applies to all citizens and the necessary
closures of both government and private operations. On March 30,
2020, Administrative Bulletin OE-2020-029 was issued in order to
extend the lockdown, the social distancing measures, and the
closure of certain commercial and government operations. On April
7, 2020, Administrative Bulletin OE-2020-032 was issued to
establish more aggressive measures intended to flatten the curve
of COVID-19’s spread in our Island. On April 12, 2020,
CERTIFIED TRANSLATION
2
I, Juan E. Segarra, USCCI #06-067/translator, certify that the foregoing is a true and accurate
translation, to the best of my abilities, of the document in Spanish which I have seen.
Administrative Bulletin OE-2020-033 was issued in order to extend
the measures implemented to control the spread of COVID-19 in
Puerto Rico, including an extension to the lockdown and the
necessary temporary closures. Said Executive Order was
subsequently extended to be effective until May 3, 2020.
Furthermore, Administrative Bulleting No. OE-2020-038 was
issued on May 1, 2020, extending the lockdown while
implementing the first phase for the loosening of the lockdown
restrictions to allow for economic flexibility, thus allowing the
phased reopening of several sectors. The term of said Executive
Order was extended until May 25, 2020.
WHEREAS:
In order to address the health emergency facing Puerto Rico,
Administrative Bulletin OE-2020-026 (OE-2020-026) was issued,
which created the Executive Medical Advisory Task Force (Medical
Task Force) in charge of collaborating with the Department of
Health to develop and implement studies, research, and strategic
plans concerning how to best manage the COVID-19 emergency,
as well as to advise and assist the Governor of Puerto Rico and
the Secretary of Health in the decision-making process regarding
public health and other matters related to this emergency. Both the
physicians that make up the Medical Task Force and the Secretary
of Health recommended extending the measures taken by the
Governor to contain the spread of COVID-19 for an additional
period, subject to certain modifications, which were welcomed.
WHEREAS:
On March 28, 2020, the U.S. Department of Homeland Security’s
Cybersecurity & Infrastructure Security Agency published a
document titled, “Guidance on the Essential Critical Infrastructure
Workforce: Ensuring Community and National Resilience in
COVID-19 Response” (“The Guide”), whereby suggested
parameters were established for helping state and local
governments determine which activities, businesses, jobs, and
industries can be considered as essential within the context of the
emergency created by COVID-19.
WHEREAS:
The Guide was also issued in order to assist public officials in their role
of protecting the community while ensuring the continuation of services
that are critical to public health and safety and to economic security.
WHEREAS:
The Guide provides that the determinations over what constitutes
an essential business or activity are not definitive, but rather that
CERTIFIED TRANSLATION
3
I, Juan E. Segarra, USCCI #06-067/translator, certify that the foregoing is a true and accurate
translation, to the best of my abilities, of the document in Spanish which I have seen.
public health considerations linked to specific concerns related to
COVID-19 in each jurisdiction should be taken into account.
WHEREAS:
Article 6.10 of Act 20-2017, as amended, better known as the
Puerto Rico Public Safety Department Act, empowers the
Governor to declare a state of emergency on our Island, and “to
establish or modify state regulations, orders, plans, or measures
for emergencies or disasters as deemed necessary,” as well as
“to enact, amend or repeal any regulation, and to enact, amend, or
rescind any order as deemed appropriate during the state of
emergency or disaster.”
WHEREAS:
In the event that an epidemic threatens the health of the people of
Puerto Rico, Act 81 of March 14, 1912, as amended, known as the
Health Department Act, empowers the Department of Health to
take any measures it deems necessary to combat said threat,
including measures to isolate and quarantine people who have
been exposed to or who have contracted infectious diseases that
pose a threat to public health, in accordance with the provisions of
Regulation No. 7380, known as the “Regulation for Isolation and
Quarantine.”
WHEREAS:
In strict Constitutional Law, the State may restrict individual’s
fundamental rights if a compelling State interest is proven and it
constitutes the least onerous means. In this case, public health
constitutes a compelling interest in light of a pandemic for which
there is still no vaccine and, therefore, it is imperative to employ
measures whose implementation may affect fundamental rights.
WHEREAS:
In light of the success achieved in flattening the virus’s curve of
infection and controlling the risk of the virus, Administrative Bulletin
OE-2020-033 added flexibility to certain aspects related to
industrial, commercial, and corporate operations, as well as other
aspects related to the movement of motor vehicles in Puerto Rico.
However, the decision to increase flexibility should not be based
solely on the data derived from the curve of infection, but rather the
resources available to the public and private sectors to incorporate
measures to mitigate the risk of transmission of the disease in their
facilities and operations should be taken into account.
WHEREAS:
It is important to note that risk assessments should be taken into
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