Updated guidance for tourism businesses and travelers for the implementation of Executive Order 2020-044

Carla Campos Vidal Executive Director 

Re: Updated guidance for tourism businesses and travelers for the implementation of Executive Order 2020-044 

Dear Industry Stakeholders, 

On June 12, 2020, Hon. Wanda Vázquez-Garced, Governor of Puerto Rico, signed into effect Executive Order 2020-044, which outlines the mandates put into effect to continue implementing a phased reopening of Puerto Rico’s economy, while safeguarding the health and safety of the population amidst the COVID-19 global pandemic. 

The Executive Order can be found in the Puerto Rico Department of State’s website (www.estado.pr.gov). 

What follows is a guide on the applicability of the Executive Order on specific tourism operations. 

Overall Guidance on Tourism Operations: The Government of Puerto Rico is actively encouraging Island residents to vacation locally, while taking the necessary measures to safeguard the health of all. Tourism businesses and the Puerto Rico Tourism Company (PRTC) are encouraged to actively market the destination’s ample cultural, natural and hospitality offering to residents for immediate demand generating efforts. Simultaneously, tourism businesses and Discover Puerto Rico (DPR) are encouraged to actively communicate that Puerto Rico will be ready to host visitors from abroad as of July 15, 2020. Government and private sector stakeholders should enact necessary operational reform to prepare destination assets, infrastructure and attractions to receive an influx of visitors as of the aforementioned date. 

An official press release outlining essential information for travelers as it relates to the enactment of Executive Order 2020-044 can be found at the following link: https://www.prnewswire.com/news- releases/puerto-rico-announces-it-will-be-open-for-travelers-on-july-15th-301079507.html 

Guidance for Travelers: While Executive 2020-030 remains in effect, enforcing a 14-day quarantine to all who arrive to Puerto Rico, The Government of Puerto Rico announced it is working on an exception to the mandatory 14-day quarantine for passengers arriving on or after July 15 that provide proof of a negative COVID-19 test. Executive 2020-030 is expected to be amended in the coming days to reflect these changes and provide further clarity on the guidelines for the applicability of this testing alternative. 

An extract of Executive Order 2020-030, follows: 

“Any passenger who after the enactment of this Order at the Luis Munoz Marin International Airport in a flight from the United States of America or any international destination shall be considered a person [as to whom there is] a reasonable suspicion that he or she was exposed to COVID-19 and shall remain under quarantine for a period of fourteen (14) days or for the duration of his or her stay in Puerto Rico, whichever is shorter. For purposes of the fourteen (14) day period, said period shall begin to run on the day the person arrives at the Airport, which shall be considered day one (1). 

Any passenger who after the enactment of this Order arrives at the Airport in a flight from the United States of America or any international destination to carry out emergency response work, or critical infrastructure work, essential service and medical equipment repair, health professionals, flight crew, aviation mechanics, federal agents, on- duty military, and any other personnel timely determined by the Department of Health, shall be exempt from complying with the provisions included in the 1st and 2nd Section of this Order in terms of the quarantine, other than as established herein: (1) he or she shall fill out the appropriate form in terms of personal and contact information, for the appropriate follow-up and monitoring by the Department of Health; (2) he or she shall comply with all of the orders, instructions, protocols, and requests for information issued by the Department of Health, the National Guard, and any other governmental relevant government entity during the fourteen (14) days following his or her arrival. 

Any hotel or place of lodging having any reservation from the enactment of this Order shall contact the person who made the reservation and inform the measures established in this Order. Similarly, to the extent possible, it shall send a digital copy of this Order, so that they can know firsthand and be informed ahead of time as to the measures that are being taken in Puerto Rico. Furthermore, the hotel or place of lodging shall be responsible for maintaining a copy of this Order in several places that are visible to the guests.” 

Airports: On March 23, 2020, the Federal Aviation Agency (FAA) approved a request of the Government of Puerto Rico to best implement measures and tools to control the international and domestic air traffic on the Island given the threat posed by COVID-19. From Tuesday, March 24, 2020, at 11:59 p.m., all passenger airline commercial flights may only land on the Luis Muñoz Marín International Airport (SJU/LMM), in order to focus and optimize the use of available resources and technology to sift through the passengers who arrive at the Island. The remaining airports on the Island remain closed for commercial travel. Adjustments in travel itineraries are at the discretion of each airline, in accordance with travel restrictions, as determined by the Government of the United States. Usual operations at the airport are not affected by the curfew. Passengers arriving or departing from the airports after curfew will be able to transit to and from their respective destinations. Retail operations inside the airport will be subject to the same regulations as those in the rest of the island. Restaurants inside the airport are allowed to open and serve patrons so long as distancing and protection measures for the health and safety of employees and guests are observed. 

SJU/LMM, in collaboration with the Puerto Rico National Guard, is using advanced technology to automatically gage incoming travelers’ temperature and has staff on site to administer a quick health check-up to passengers arriving to the Island. Free and voluntary COVID-19 testing is also available on site. The airport has remained open and, unlike other Caribbean destinations, Puerto Rico has not closed its borders beyond federal travel restrictions that remain in effect. 

Industry workforce: Curfew remains in effect during the hours of 10:00pm and 5:00am through June 30, 2020. Executive Order 2020-044 provides for employees that must transit, from their places of residence to their place of employment after curfew to be able to do so. We strongly recommend employers provide a certification to staff whose shifts extend past curfew which may be presented to law enforcement personnel, should its need arise. 

Destination-Wide Health & Safety Program: All tourism businesses are required to comply with all guidelines published by the Puerto Rico Tourism Company (PRTC) at https://prtc-covid19.com. The PRTC’s guidelines integrate all guidance published by the Center for Disease Control (CDC), the Department of Health and PROSHA to protect workforce and clients alike. Owners, general managers or directors of operations must sign the electronic acknowledgement form HERE prior to re-opening their businesses. Compliance with PRTC requirements does not liberate businesses from additional reporting or certification obligations required by PROSHA. 

Outdoor Recreation: Recreational activities outdoors are allowed within authorized curfew times (from 5:00am to 10:00pm) with the use of masks when possible and with adequate physical distance (6 feet). Beaches, reserves and golf courses are now open for leisure recreation while observing safe distancing and protection measures. Please consult guidance published by the Department of Sports and Recreation for further clarification on the implementation of Executive Order 2020-044 as it relates to Sports & Outdoor Recreation, including specific dispositions related to Adventure Circuits or Zip Lines. 

Hotels: Remain open. 

• All properties must strictly comply with measures outlined for lodging properties within the Destination-Wide Health & Safety Program published by the PRTC in order to safeguard the health and safety of all guests. All properties must submit the Program’s Acknowledgment Form or Auto- Certification (as listed in the Program guidelines found HERE) immediately and/or prior to reopening additional facilities. Strict compliance with all measures outlined in the Program for all areas authorized to remain open is required. 

• Guests are subject to a fine of upwards of $5,000 or 6 months in jail for non-compliance with the terms set forth in the Executive Order. Therefore, hotel staff must responsibly provide guidance to hotel guests about the implementation of Executive Order 2020-044 and the penalties that will be enforced by law and order personnel. 

• Room service can and should remain available for guests. 

• All maintenance work is authorized. 

• Public areas, including pool facilities, may open within the hours of 5:00am and 10:00pm subject to strict compliance of the terms established in the PRTC Destination-Wide Health & Safety Program and operate at up to 50% of the allowable facility’s capacity as established by the PR Building Code 2018. 

• Beauty Salons, Spas and Esthetics are authorized to operate between the hours of 5:00am and 10:00pm, only with previous appointments and attending to one client at a time per attending treatment staff. Gathering of persons in waiting room is strictly prohibited and provisions must be taken into account to reduce this risk when scheduling appointments. Spas are obliged to abide by strict protection measures including use of masks, frequent hand washing and social distancing. The owner or manager is responsible for disinfecting all tools to be used with the client before providing the service. Establishments must be properly disinfected upon completion of daily operations. Compliance with CDC, Health Department, PROSHA and PRTC guidance is mandatory. 

• Fitness centers are authorized to operate between the hours of 5:00am and 10:00pm contingent on compliance with all CDC, Puerto Rico Department of Health, PROSHA, Department of Sports and Recreation and PRTC operating requirements, including 6 feet distancing parameters, use of masks, frequent hand washing and daily disinfection of the facilities. Maximum use of up to 50% of the allowable facility’s capacity as established by the PR Building Code 2018 is to be observed. The PRTC has published updated guidance for protocols required in the use of Fitness Centers within its Health and Safety Program as listed in the Program guidelines found HERE. These protocols are aligned with the Department of Sports and Recreation’s (DRD) operating requirements as per Circular Letter 2020-03. Hotel fitness centers DO NOT need to submit its operating plan to DRD to reopen fitness center facilities if the hotel property has already been auto-certified as per the PRTC Health & Safety Program. The PRTC will report to DRD on behalf upon submission of the PRTC auto-certification. 

• For restaurant and bar area guidance please refer to the appropriate section below. 

• All hotels must take extraordinary measures and precautions to safeguard the health and safety of all guests, ensuring that adequate prevention and containment protocols are in place. 

Short term rentals: Legally registered properties may remain open. 

• Short term rental properties duly registered and identified by their Innkeepers at the PRTC as per Act 272-2003 are authorized to remain open. For information on registration and identification visit https://prtourism.com/dnn/Roomtax. If a listing is not duly registered, it’s illegally operating and is subject to fines and penalties as outlined under Act 272-2003 and Executive Order 2020- 044. 

• All hosts must strictly comply with measures outlined for short term rentals within the Destination-Wide Health & Safety Program published by the PRTC in order to safeguard the health and safety of all guests. The PRTC reserves the right to inspect any property and authorize the closure of any facility not in compliance with the standards established. 

• Guests are subject to a fine of upwards of $5,000 or 6 months in jail for breaching the terms established in Executive Order 2020-044 and implementation guidance provided in this letter. Therefore, hosts must responsibly provide orientation to guests about the implementation of Executive Order 2020-044 and the penalties that will be enforced by law and order personnel. 

• Staff operations to maintain short-term rental operations running are permissible. 

• Maintenance work such a remodeling, painting, or building upkeep is authorized at this time. 

Casinos: Remain closed. 

Restaurants inside hotels: Carry out and delivery alternatives remain the preferred alternative for servicing clients. Delivery hours are extended through 12:00pm in order to encourage further compliance of the population with curfew requirements. Room service at hotels is allowed to operate 24 hours. As of June 16, 2020, table seating is allowed so long as the seating capacity remains at or below 50% of the total facility’s capacity as per the PR Building Code 2018. Restaurant table seating will be arranged by previous reservation only so as to avoid the gathering of clients and to best plan for the limited capacity. The establishment is responsible for ensuring that clients observe 6 feet of distancing between guests. The sale of alcoholic beverage in food establishments is authorized. Hotel bars (outside of restaurants) are authorized to operate at this time in compliance with all the aforementioned precautionary measures and those outlined for restaurants within hotels as per the PRTC Destination-Wide Health & Safety Program. 

Attractions, Equipment Rentals, Outfitters & Tours: All attractions, equipment rentals and tours, are authorized to resume operations between the hours of 5:00am and 10:00pm, except for aquatic sports and vehicles that are authorized to operate between 6:00am and 6:00pm as per the Department of Natural and Environmental Resources’ (DRNA) most recent administrative order. All operations require compliance with all CDC, Puerto Rico Department of Health, PROSHA and PRTC operating requirements, including 6 feet distancing parameters, use of masks, frequent hand washing and daily disinfection of the facilities. Entry to all attractions or participation of individuals in approved activities is authorized through previous sale of electronic tickets. Maximum capacity of up to 50% of the allowable facility’s capacity as established by the PR Building Code 2018 is to be observed. 

All businesses must submit the PRTC Health & Safety Auto-Certification (as listed in the Program guidelines found HERE) immediately and/or prior to resuming operations. Strict compliance with all measures outlined in the Program is required at all times. 

Business that operate with an authorization from DRNA, particularly businesses whose activity is authorized to operate in local waters, DO NOT need to submit its operating plan to DRNA as required under its Administrative Order if the business has already been auto-certified as per the PRTC Health & Safety Program. The PRTC will report to DRNA on behalf upon submission of the PRTC auto- certification. 

If the business, operator or outfitter has not completed the PRTC Health & Safety Program Auto- Certification, it must receive an explicit authorization from DRNA in compliance with the current DRNA Administrative Order prior to resuming operations. Request for authorization must be sent to Idelfonso Ruíz at iruizv@drna.pr.gov. 

Golf Courses: As per the Department of Sports and Recreation’s (DRD) circular, 2020-003, golf courses are authorized to operate. Shared use of golf carts, driving and practice ranges are also authorized to operate at this time. The use of club houses and shower areas is not authorized at this time. DRD Circular Letter 2020-001 establishes guidelines for the precautionary measures that should be enforced to safeguard the health of players. 

Events: Event venues are authorized to open as of July 1^st, in strict compliance with standards established by the CDC, Department of Health, and COVID-19 guidelines imposed by PROSHA, including the requirement of 6 feet of separation between individuals, required use of masks, frequent handwashing and daily disinfection of establishments. Event planners and producers are responsible for compliance of PROSHA and Health Department requirements. All events held in hotel spaces on or after July 1^st must limit the number of event attendees to 50% of the allowable space capacity AND establish protocols to maintain 6 feet of distancing between attendees at all times. 

Transportation providers: Transportation is an essential service and providers are authorized to operate in accordance with the guidance published by the Bureau of Transportation and Public Services (Negociado de Transportación y Servicios Públicos, in Spanish) for the implementation of Executive Order 2020-044. 

Travel agencies: Travel agencies are authorized to open for clients by appointment only, every day of the week. Safe distancing measures and personal protection equipment must be employed at all times. Offices must operate at or under 50% of the permissible capacity of the establishment as per the PR Building Code of 2018.