Esta ley enmienda la "Ley para la Protección de la Propiedad Vehicular" para eximir de su aplicación a los vehículos de motor nuevos que son transbordados en Puerto Rico con destino final fuera de la isla, siempre que estén bajo fianza del Departamento de Hacienda y no hayan sido propiedad en Puerto Rico, y se encuentren bajo la custodia de un expedidor de Zona Libre o un importador/exportador que cumpla con los requisitos de fianza.
(Approved March 3, 2002)
To add a subsection
(e) to Section 2 and a Section 28 to Act No. 8 of August 5, 1987, as amended, known as the "Act for the Protection of Vehicular Property," in order to exempt from the application of this Act and the regulations thereunder, any new motor vehicle transshipped to Puerto Rico en route to its final destination, which is bonded under the Department of the Treasury and has not been owned in Puerto Rico, provided that said vehicle is under the custody of a Free Trade Zone shipper or within the facilities of a bona-fide importer or exporter who meets the local and federal bond requirements for such purposes or is exempted by law.
Act No. 8 of August 5, 1987, as amended, known as the "Act for the Protection of Vehicular Property," was approved with the intent to enable a mechanism to deter unlawful practices of trafficking, sale, dealership and exportation of motor vehicles and parts which had been stolen in the Commonwealth of Puerto Rico. This Act gave rise to the "Interagency Board to Fight the Illegal Appropriation of Automobiles." After developing and implementing the "Motor Vehicle Inventory and Registry Regulations of 1989," the Board undertook the task of enabling a registry and an inventory of all motor vehicles sold, imported, dealt, exported, transiting or that are in Puerto Rico. Act No. 8 and the regulations thereunder have proven effective in deterring certain unlawful practices of trafficking motor parts and vehicles that have been stolen in Puerto Rico.
However, Act No. 8 and its Regulations, as written and implemented, impose severe restrictions on and hinders the international trade of new motor vehicles, of which the manufacturers and dealers find in Puerto Rico a suitable port for transshipment in their commercial routes to the various ports throughout the world.
The imposition of Act No. 8 and its Regulations on new motor vehicles en route to other destinations does little to forward the intent and spirit in which said measures were approved: to discourage the unlawful trafficking of motor vehicles stolen in Puerto Rico. Rather, it represents a considerable increase in costs and time for motor vehicles to transit on their way to other destinations, to the point that most bona fide manufacturers and dealers have opted to use other ports in the Caribbean basin and dismiss Puerto Rico as a transshipment port, since these do not affect the registry or inventory of vehicles in the jurisdiction.
Given the strategic geographical location of Puerto Rico on one of the major routes of the Western hemisphere (Channel of La Mona) and the availability of an efficient and effective port infrastructure and technology, our Island holds great potential for becoming a real new motor vehicle transshipment center which satisfies the demands of growing markets of the Caribbean basin, while contributing to the creation of jobs in Puerto Rico as a transshipment port, since these do not affect the registry or inventory of vehicles in the jurisdiction.
For all of the stated above, the Legislature deems it to be indispensable to approve this amendment to Act No. 8 of August 5, 1987, as amended, so that it may conform to the present time and to attract motor vehicle transshipment business to Puerto Rico.
Section 1.- To add a new subsection
(e) to Section 2 and a Section 28 to Act No. 8 of August 5, 1987, as amended, to read as follows: "Section 2.- Definitions.-
(a) $\ldots$
(b) $\ldots$
(c) $\ldots$
(d) $\ldots$
(e) new motor vehicle: any motor vehicle which has not been registered to the name of any person whatsoever within the jurisdiction of the Commonwealth of Puerto Rico, any state of the United States of America, or any foreign country.
Section 28.- Exemption.- Any new motor vehicle transshipped to Puerto Rico en route to its final destination, which is bonded under the Department of the Treasury and has not been owned in Puerto Rico, is hereby exempted from the application of this Act and the regulations thereunder, provided that said vehicle is under the custody of a Free Trade Zone shipper or within the facilities of a bona-fide importer or exporter who meets the local and federal bond requirements for such purposes or is exempted by law."
Section 2.- This Act shall take effect after its approval.
I hereby certify to the Secretary of State that the following Act No. 39 (H.B. 246) of the $3^{ ext {nd }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to add a subsection
(e) to Section 2 and a Section 28 to Act No. 8 of August 5, 1987, as amended, known as the "Act for the Protection of Vehicular Property," in order to exempt from the application of this Act and the regulations thereunder, any new motor vehicle transshipped to Puerto Rico en route to its final destination, which is bonded under the Department of the Treasury and has not been owned in Puerto Rico, provided that said vehicle is under the custody of a Free Trade Zone shipper or within the facilities of a bona-fide importer or exporter who meets the local and federal bond requirements for such purposes or is exempted by law, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $29^{ ext {th }}$ of December of 2003.
Elba Rosa Rodríguez-Fuentes Director