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Comptroller of Puerto Rico reveals significant deficiencies at the Tourism Company that affect the oversight of nautical tourism

San Juan, Puerto Rico, (April 14, 2026) – The Comptroller of Puerto Rico, Attorney Carmen A. Vega Fournier, announced today the results of the Audit Report OC-26-16 of the Puerto Rico Tourism Company, corresponding to the period from July 1, 2021 to March 31, 2025. The report issued a qualified opinion upon identifying deficiencies in internal controls, regulations and the certification and oversight processes of nautical tourism businesses.

 The Comptroller noted that, while the entity's operations were generally carried out in accordance with the law, the findings identified evidence structural weaknesses that compromise the integrity of the certification system, the safety of users and fairness in the tourism industry.

 The report reveals, as a main finding, that the Company allowed the operation of nautical tourism businesses without complying with the requirements established by law and regulation. The audit determined that several businesses were operating with expired certifications, some for periods extending from June to December 2024, without the agency taking corrective action or imposing penalties. Likewise, it was identified that conditional certifications not permitted by current regulations were approved, including cases in which the businesses did not have authorizations from the Department of Natural and Environmental Resources, nor the required inspections. 

 Additionally, the audit evidenced deficiencies in documentation and oversight, as inspection reports were not found in several files, and in other cases vessels and aquatic equipment were certified without due regulatory authorization. It was also detected that the Company maintained certifications in force for businesses whose insurance, liability releases and DRNA permits were expired, in some cases for more than 600 days. These situations create an environment of unfair competition, expose tourists to unnecessary risks and could entail legal liability for the agency. 

The Comptroller indicated that these deficiencies are due, to a large extent, to the lack of adequate personnel to oversee operations, as well as the absence of effective supervision on the part of the executive directors and the responsible personnel. As part of this finding, the conduct of an official was referred to the Office of Government Ethics for the corresponding evaluation.

In a second finding, the report establishes that the Company had not updated its main regulation, Regulation 8855 of 2016, despite more than eight years having elapsed since its approval. The audit determined that said regulation lacks essential provisions for the operation of nautical tourism businesses, including requirements regarding periodic inspections, follow-up with businesses to keep expired documents in force, criteria for granting promotional endorsements and controls over certification seals. This omission limits the agency's operational capacity and fosters the issuance of certifications to entities that do not comply with the established requirements. 

The third finding notes significant deficiencies in internal controls, particularly due to the concentration of incompatible functions in the director of the Office of Tourism Services and Oversight. According to the report, this official evaluated applications, conducted inspections, determined compliance, approved certifications and controlled the assignment of seals, which compromises the objectivity of the process and increases the risk of irregularities. Likewise, it was identified that the inspection seals did not have adequate controls, as they were not kept under secure custody nor was there a formal registry of them, which fosters their loss or unauthorized use. 

Regarding management's comments, the executive director of the Company reported that she would take actions to address the recommendations issued in the report, including measures aimed at strengthening oversight, updating the regulations and improving internal controls. Nevertheless, the former executive director did not submit comments on the findings noted.

As a result of these findings, the Office of the Comptroller issued recommendations addressed to the Board of Directors, to the executive director and to the operational personnel. Among these, the following stand out: the need to review and update Regulation 8855 of 2016 to bring it in line with current legislation, assign the necessary personnel for effective oversight, segregate incompatible functions within the organizational structure, ensure compliance with the requirements for the certification of nautical tourism businesses, and establish adequate controls for the custody and use of inspection seals.

The Comptroller reiterated that the tourism industry represents a strategic component for the economic development of Puerto Rico, which is why it is indispensable that the entities responsible for its regulation operate with rigor, transparency and strict compliance with the law. She added that this report constitutes a clear roadmap to strengthen controls, protect consumers and guarantee fair competition within the sector.

The full report is available on the official website of the Office of the Comptroller of Puerto Rico www.ocpr.gov.pr.