Annex I. Non-Conforming Measures. List of Costa Rica
1. Sector: All Sectors
Subsector:
Industrial Classification:
Obligations Affected: Local Presence (Article 12.5)
Level of government: Central
Measures: Law No. 3284 - Commercial Code - Article 226. Law No. 218 - Law of Associations - Article 16. Executive Decree No. 29496-J - Regulations to the Law of Associations - Article 34.
Description: Cross-Border Trade in Services
Associations domiciled abroad that wish to operate in Costa Rica and foreign legal entities that have or wish to open branches in the territory of Costa Rica, are obliged to establish and maintain in the country a general attorney- in-fact for the business of the branch.
2. Sector: All Sectors
Subsector:
Industrial Classification:
Obligations Affected: National Treatment (Articles 11.4 and 12.4) Local Presence (Article 12.5) Market Access (Article 12.6)
Level of government: Central
Measures: Law No. 6043 - Law on the Maritime Terrestrial Zone - Chapters 2, 3 and 6 and Article 31. Law No. 2825 - Land and Colonization Law (ITCO IDA) - Chapter 2. Regulation No. 10-Autonomous Regulation of Border Leases - Chapters 1 and 2.
Description: Investment and Cross-Border Trade in Services
A concession is required to carry out any type of development or activity in the maritime-terrestrial zone. (1)
Such concession shall not be granted to or held by:
(a) foreigners who have not resided in the country for at least 5 years;
(b) companies with bearer shares;
(c) companies domiciled abroad;
(d) companies incorporated in the country solely by foreigners; or
(e) companies whose shares or capital quotas are more than 50 percent owned by foreigners.
In the maritime-terrestrial zone, no concession shall be granted within the first 50 meters counted from the high tide line or in the area between the high tide line and the low tide line.
Land within a zone of 2000 meters wide along the borders with Nicaragua and Panama shall be considered inalienable and not susceptible of being acquired by denouncement or possession, except for those under private domain, with legitimate title. In order to be a tenant in these lands, in case of foreigners, they must demonstrate by means of certification issued by the General Directorate of Migration and Foreigners that they are within the category of permanent residents.
3. Sector: All Sectors
Subsector:
Industrial Classification:
Obligations Affected: National Treatment (Articles 11.4 and 12.4) Local Presence (Article 12.5) Market Access (Article 12.6)
Level of government: Central
Measures: Law No. 7762 - General Law of Concession of Public Works with Public Services - Chapter 4.
Description: Investment and Cross-Border Trade in Services
For public works concession contracts and public works concession contracts with public services defined in accordance with Costa Rican law, in the event of a tie in the selection parameters under the cartel rules, the Costa Rican bid will win the bid over the foreign bid. The successful bidder is obliged to incorporate a national corporation with which the concession contract will be executed. Likewise, it will be responsible for jointly and severally with this corporation.
4. Sector: Professional Services
Subsector:
Industrial Classification:
Obligations Affected: National Treatment (Articles 11.4 and 12.4) Most-Favored-Nation Treatment (Articles 11.5 and 12.3) Local Presence (Article 12.5) Market Access (Article 12.6)
Level of government: Central
Measures: Law No. 7221 - Organic Law of the College of Agronomists - Articles 5, 6, 8, 10, 15, 16, 18, 19, 20, 23, 24 y 25. Executive Decree No. 22688-MAG-MIRENEM - General Regulations to the Organic Law of the College of Agronomists of Costa Rica - Articles 6, 7 and 9. Executive Decree No. 29410-MAG - Regulations for the Registry of Appraisers - Appraisers of the College of Agronomists - Articles 6, 20 and 22. Law No. 5230 - Organic Law of the College of Geologists of Costa Rica - Article 9. Executive Decree No. 6419-MEIC - Regulations of the College of Geologists of Costa Rica - Articles 4, 5 and 37. Law No. 15 - Organic Law of the College of Pharmacists - Articles 2, 9 and 10. Executive Decree No. 3503 - General Organic Regulations or Internal Regulations of the College of Pharmacists of Costa Rica - Articles 2 and 6. Regulations of Pharmaceutical Specialties of the College of Pharmacists of Costa Rica - Articles 4, 6, 9,17 and 18. Law No. 5784 - Organic Law of the College of Dental Surgeons of Costa Rica - Articles 2, 5, 6, 9, 10, 14 and 14.15 Law No. 3663 - Organic Law of the Federated College of Engineers and Architects - Articles 5, 9, 11, 13, 14 and 52. Executive Decree No. 3414-T - General Internal Regulations of the Federated College of Engineers and Architects of Costa Rica - Articles 1, 3, 7, 9,54, 55 and 55. 60. Special Incorporation Regulations of the Costa Rican Association of Engineers and Architects - Articles 7 and 8. Law No. 1038 - Law for the Creation of the College of Public Accountants - Articles 3, 4, 12 and 15. Executive Decree No. 13606-E - Regulations of the College of Public Accountants of Costa Rica - Articles 4, 5, 8, 10 and 30. Regulations of the Procedure and Requirements for Incorporation to the College of Public Accountants of Costa Rica - Article 3. Law No. 3455 - Organic Law of the College of Veterinarians - Articles 2, 4, 5, 7 and 27. Executive Decree No. 19184 - Regulations to the Organic Law of the College of Veterinarians - Articles 6, 7, 10, 11, 11,19 and 24. Law No. 2343 - Organic Law of the College of Nurses - Articles 2, 22, 23, 24 and 28. Executive Decree No. 34052 - Regulations to the Organic Law of the College of Nurses of Costa Rica - Articles 1, 6, 7 and 13. Regulation No. 2044 - Regulation of Incorporation of the College of Nurses of Costa Rica - Article 11. Law No. 7764 - Notarial Code - Articles 3 and 10. Law No. 13 - Organic Law of the Bar Association - Articles 2, 6, 7, 8 and 18. Executive Decree No. 20 - Internal Regulations of the Bar Association - Article 1. Agreement No. 2008-45-034 - Manual of Incorporation of Law Graduates to the Bar Association - Articles 2, 7 and 8. Law No. 1269 - Organic Law of the College of Private Accountants of Costa Rica - Articles 2 and 4. Executive Decree No. 3022 - Regulation of the Organic Law of the Private Accountants Association of Costa Rica - Articles 5 and 39. Regulations for the Procedure and Requirements for Incorporation to the College of Private Accountants of Costa Rica - Article 3. Law No. 8412 - Organic Law of the College of Chemical Engineers and Related Professionals and Organic Law of the College of Chemists of Costa Rica - Articles 7, 16, 17, 18, 19, 20, 21, 61, 77, 82, 83, 84, 86 and 92. Executive Decree No. 34699-MINAE-S - Regulations to Title Il of the Organic Law of the College of Chemical Engineers and Related Professionals and Organic Law of the College of Chemists of Costa Rica, Law No. 8412 of April 22, 2004, Regulations of the College of Chemists of Costa Rica - Articles 2, 3, 14, 15 and 16 and Chapter VI. Executive Decree No. 35695-MINAET - Regulations to Title | of the Organic Law of the College of Chemical Engineers and Related Professionals of Costa Rica and Organic Law of the College of Chemists of Costa Rica, Law No. 8412 - Articles 1, 3, 6, 8, 13, 110, 111, 114, 115, 116, 117, 118, 119, 121, 122, 123, 125, 128, 130, 145, 154, 155, 156, 156, 158, 161, Chapter XVII, Chapter XIX, Chapter XXI, Chapter XXIV. Law No. 3019 - Organic Law of the College of Physicians and Surgeons - Articles 4, 5, 6 and 7. Executive Decree No. 23110-S - Regulation to the Organic Law of the College of Physicians and Surgeons - Article 10. Executive Decree No. 2613 - General Regulations to Authorize the Practice of Professionals of Dependent Branches of the Medical Sciences and Technicians in Medical and Surgical Matters - Articles 1 and 4. Rules of the Chapter of Technologists in Science Dependent Branches, Authorized by the College of Physicians and Surgeons of December 12, 2007 - Article 29. Regulations of the Chapter of Professionals in Dependent Branches of the Medical Sciences, Authorized by the College of Physicians and Surgeons of Costa Rica of December 12, 2007 - Article 14. Law No. 3838 - Organic Law of the College of Optometrists of Costa Rica - Articles 6 and 7. Law No. 4420 - Organic Law of the College of Journalists of Costa Rica - Articles 2, 24, 25 and 27. Executive Decree No. 32599 - Regulations of the College of Journalists of Costa Rica - Articles 1, 3, 47 and 48. Law No. 7106 - Organic Law of the College of Professionals in Political Science and_ International Relations - Articles 26 and 29. Executive Decree No. 19026-P - Regulations to the Organic Law of the College of Professionals in Political Science and International Relations - Articles 1, 10, 19, 21 and 22. Law No. 4288 - Organic Law of the College of Biologists - Articles 6 and 7. Executive Decree No. 39 - Regulation of the Organic Law of the College of Biologists of Costa Rica - Articles 10, 11, 16, 17, 18 and 19. Law No. 5402 - Organic Law of the College of Librarians of Costa Rica - Article 5. General Regulations of the College of Librarians of Costa Rica - Articles 12 and 17. Law No. 7537 - Organic Law of the College of Professionals in Informatics and Computing - Articles 6 and 8. Executive Decree No.35661-MICIT - General Regulations of the Organic Law of the College of Computer and Information Technology Professionals - Articles 1, 22 and 23. Law No. 8142 - Law on Official Translations and Interpretations - Article 6. Executive Decree No. 30167-RE - Regulation to the Law of Official Translations and Interpretations - Article 10. Law No. 7105 - Organic Law of the Association of Professionals in Economic Sciences - Articles 4, 6, 15, 19 and 20. Executive Decree No. 20014-MEIC - General Regulations of the College of Professionals in Economic Sciences of Costa Rica - Articles 10, 14 and 17. Regulation 77 - Admission Regulations of the College of Professionals in Economic Sciences of Costa Rica, - Articles 10, 12, 13 and 24. Executive Decree No. 24686 - Regulations for Professional Audit of Consulting Firms - Articles 2 and 5. Law No. 7503 - Organic Law of the College of Physicists - Articles 6 and 10. Executive Decree No. 28035-MINAE-MICIT - Regulation to the Organic Law of the College of Physicists - Articles 6, 7, 10, 11, 18 and 21. Law No. 8863 - Organic Law of the College of Counseling Professionals - Articles 3, 4, 8 and 10. Law No. 6144 - Organic Law of the Professional Association of Psychologists of Costa Rica - Articles 4, 5, 6 and 7. Regulations to the Organic Law of the Professional Association of Psychologists of Costa Rica - Articles 9, 10 and 11. Regulations for Incorporation and Change of Grade of the Professional Association of Psychologists of Costa Rica Article 5. Regulation of Psychological Specialties - Articles 1, 4, 5 and 18. Law No. 8676 - Organic Law of the College of Nutrition Professionals - Articles 2, 7, 11 and 13. Regulation No.18 - Regulations for Incorporation to the College of Nutrition Professionals of Costa Rica - Articles 2, 3, 9 and 10. Law No. 3943 - Organic Law of the College of Social Workers - Articles 2 and 12. Executive Decree No. 26 - Regulations to the Organic Law of the College of Social Workers - Articles 14, 66, 67, 69 and 70. Law No. 7912 - Organic Law of the College of Chiropractic Professionals - Article 7. Executive Decree No. 28595-S - Regulation of the Organic Law of the College of Chiropractic Professionals. - Articles 5, 8 and 15. Law No. 7559 - Law on Compulsory Social Service for Health Science Professionals - Articles 2, 3, 5, 6 and 7. Executive Decree No. 25068-8 - Regulation of Compulsory Social Service for Health Science Professionals - Articles 7, 13, 14, 17, 18, 21 and 22. Law No. 8831 - Organic Law of the College of Criminology Professionals of Costa Rica - Articles 4, 7, 8, 12 and 14. Law No. 4770 - Organic Law of the College of Licentiates and Professors in Letters and Philosophy, Sciences and Arts - Articles 3, 4 and 7. Regulation No. 91 - General Regulations of the College of Licentiates and Professors of Letters, Philosophy, Sciences and Arts - Articles 32 and 33. Regulation No. 96 - Manual of Incorporation of the College of Licentiates and Professors of Letters, Philosophy, Sciences and Arts - Articles 5, 6, 7 and 8. Law No. 771 - Organic Law of the College of Microbiologists - Articles 2 and 8. Executive Decree No. 12 - Internal Regulations of the College of Microbiologists - Articles 17, 79 and 80. Executive Decree No. 21034-S - Regulation to the Statute of Microbiology and Clinical Chemistry Services - Article 63.
Description: Investment and Cross-Border Trade in Services
Only professional service suppliers duly incorporated to the respective professional association in Costa Rica are authorized to practice the profession in the territory of Costa Rica, including advisory and consulting services. Foreign professional service suppliers must be incorporated to the respective professional association in Costa Rica and comply, among others, with nationality, residency, incorporation exams, accreditations, experience, social service or evaluations requirements. For the social service requirement, priority will be given to Costa Rican professional service suppliers.
In order to be incorporated in some of the professional associations in Costa Rica, foreign professional service suppliers must demonstrate that in their country of origin where they are authorized to practice, Costa Rican professional service suppliers can practice the profession under similar circumstances.
In some cases, the contracting of foreign professional service providers by the State or private institutions may only occur when there are no Costa Rican professional service providers willing to provide the service under the required conditions or under the declaration of inopia.
This reserve applies to Agronomists, Geologists, Pharmacists, Specialist Pharmacists, Dental Surgeons, Engineers and Architects, Public Accountants, Veterinarians, Nurses, Lawyers, Notaries, Private Accountants, Chemists, Chemical Engineers and Related Professionals, Physicians and Surgeons, Professionals in the Medical Sciences and Medical and Surgical Technicians, Optometrists, Journalists, Specialists in Political Sciences and International Relations, Biologists, Librarians, Computer Professionals, Social Workers, Nutritionists, Official Translators and _ Interpreters, Economists, Physicists, Counselors, Psychologists, Specialist Psychologists, Chiropractors, Health Science Professionals, Microbiologists, Teachers and Nutritionists.
5. Sector: Maritime Services
Subsector:
Industrial Classification:
Obligations Affected: Market Access (Article 12.6)
Level of government: Central
Measures: Law No. 7593 - Public Services Regulatory Authority Law - Articles 5, 9 and 13.
Description: Cross-Border Trade in Services
Costa Rica reserves the right to limit the number of concessions for the supply of maritime services in domestic ports based on the demand for such services. Priority will be given to concessionaires that are already providing the service.
6. Sector: Overland Transportation Services - Road Freight Transportation
Subsector:
Industrial Classification:
Obligations Affected: National Treatment (Articles 11.4 and 12.4) Most-Favored-Nation Treatment (Articles 11.5 and 12.3) Senior Management and Boards of Directors (Article 11.8) Market Access (Article 12.6)
Level of government: Central
Measures: Executive Decree No. 31363-MOPT - Road Traffic Regulations based on Weight and Dimensions of Cargo Vehicles - Articles 69 and 71. Executive Decree No. 15624-MOPT - Regulation of Local Freight Transportation - Articles 5, 7, 8, 9, 10, and 12.
Description: Investment and Cross-Border Trade in Services
No motor vehicle, trailer or semi-trailer with foreign license plates may transport goods within the territory of Costa Rica. Vehicles, trailers or semi-trailers registered in one of the Central American countries are exempted from the above prohibition.
Only Costa Rican nationals or Costa Rican companies may provide cargo transportation services between 2 points within the territory of Costa Rica. Such company must meet the following requirements:
(a) at least 51 percent of its capital must be owned by Costa Rican nationals; and
(b) that the effective control and management of the company be in the hands of Costa Ricans nationals.
Foreign multimodal international cargo transportation companies are required to contract with companies incorporated under Costa Rican law to transport containers and semi-trailers within Costa Rica.
7. Sector: Overland Transportation Services - Passenger Transportation
Subsector:
Industrial Classification:
Obligations Affected: National Treatment (Articles 11.4 and 12.4) Most-Favored-Nation Treatment (Articles 11.5 and 12.3) Market Access (Article 12.6)
Level of government: Central
Measures: Executive Decree No. 26 - International Transportation of Persons Regulations - Articles 1, 3, 4, 5, 9, 12, 15 and 16 as amended by Executive Decree No. 20785- MOPT of October 4, 1991 - Article 1. Law No. 3503 - Law Regulating the Transportation of Persons in Motor Vehicles for a Fee - Articles 1, 3, 4, 6, 10, 11 and 25. Executive Decree No. 33526 - Regulation on Characteristics of the Public Taxi Service - Articles 1, 2 and 4. Law No. 7969 - Law Regulating the Public Service of Paid Transportation of Persons in Taxi Vehicles - Articles 1, 2, 3, 29, 30 and 33. Executive Decree No. 5743-T - Regulations to the Law Regulating the Paid Transportation of Persons in Taxi Vehicles - Articles 1, 2, 5 and 14. Executive Decree No. 28913-MOPT - Regulation of the First Special Abbreviated Procedure for the Paid Transportation of Persons in Taxi Vehicles - Articles 1, 3 and 16. Law No. 5066 - General Railroad Law - Articles 1, 4, 5 and 41. Executive Decree No. 28337-MOPT - Regulations on Policies and Strategies for the Modernization of Paid Collective Transportation of People by Urban Buses for the San José Metropolitan Area and Surrounding Areas that Directly or Indirectly Affect it - Article 1. Executive Decree No. 15203-MOPT - Regulations for the Operation of Special Paid Motor Vehicle Transportation Services - Articles 2, 3 and 4. Executive Decree No. 36223-MOPT-TUR - Regulations for the Regulation and Operation of Land Transportation Services for Tourism - Articles 1, 2 and 3. Executive Decree No. 35847 - Regulation of Special Bases for the Paid Transportation of Persons in the Taxi Modality - Articles 1 and 2. Executive Decree No. 34992-MOPT - Regulation for the Granting of Operating Permits for the Regular Service of Paid Transportation of Persons in Collective Motor Vehicles - Articles 3 and 5. Law No. 7593 - Public Services Regulatory Authority Law - Articles 5, 9, 10 and 13.
Description: Investment and Cross-Border Trade in Services
Costa Rica reserves the right to limit the number of concessions to operate domestic lines of remunerated transportation routes of persons in motor vehicles (including special services of transportation of persons defined in Articles 2 and 3 of Executive Decree No. 15203- MOPT of February 22, 1984 - Regulation for the Exploitation of Special Services of Remunerated Automobile Transportation of Persons). Said concessions shall be granted through bidding, and the operation of a line shall only be put out to bid when the Ministry of Public Works and Transportation has established the need to provide the service, according to the respective technical studies.
When there are multiple offers, including one from a Costa Rican supplier that satisfies all the requirements to the same extent, the offer will be preferred.
Costa Rican rather than foreign, whether they are individuals or companies.
A permit to operate an international paid transportation service of persons shall be granted only to companies incorporated under the laws of Costa Rica or those whose capital is composed of at least 60 percent of contributions from Central American nationals.
In addition to the restriction described above, the principle of reciprocity shall be applied in the granting of permits for the international transportation of persons for remuneration.
International service vehicles may not transport passengers between points located within the national territory.
A permit will be required to provide paid passenger transportation services by land. New concessions may be granted if justified by the demand for the service. Priority will be given to concessionaires already providing the service.
Costa Rica reserves the right to limit the number of permits or concessions to provide paid domestic passenger transportation service by land, based on the demand for the service. Priority will be given to concessionaires that are already providing the service.
The Ministry of Public Works and Transportation reserves the right to annually fix the number of concessions to be granted in each district, canton and province for cab services. Only one cab concession may be granted to each natural person and each concession grants the right to operate only one vehicle. Cab concession bids are awarded on the basis of a point system, which gives an advantage to existing providers.
Each concession to provide regular public services of transportation of persons for remuneration in motor vehicles, excluding cabs, may only be granted to one person, unless a proof of economic needs evidences the need for additional suppliers. Additionally, a natural person may not own more than 2 companies nor may he/she be a majority shareholder in more than 3 companies operating different routes.
A permit shall be required to operate the motor transport service of persons in the special cab service modality, in those cases in which the service is provided door to door, to satisfy a need for a limited, residual service, directed to a closed group of persons. For the provision of the special stable cab service, it is required to obtain a permit granted by the Public Transportation Board, subject to proof of economic need and demand for the service. The stable special cab permit holders of this service shall be limited to provide the service within a geographic area to be determined by reason of the authorized license plate. Due to the principles of proportionality, reasonableness and necessity, the authorized percentage of special stable cab services may not exceed 3 percent of the authorized concessions per operating base. The State is obliged to guarantee the economic and financial equilibrium of the contract to the concessionaires, avoiding a competition that may be ruinous, as a result of a concurrence of operators in a given zone that may be higher than the need of that residual demand of the operational zone where the service is authorized, given that each zone presents different characteristics from one to another, authorizing the number of permits it deems necessary.
Permits to provide non-tourist bus transportation services within the Greater Metropolitan Area of the Central Valley of Costa Rica should only be granted once it has been demonstrated that regular public bus service cannot meet the demand.
Tourist land transportation permits will be granted in the event that the need to increase the number of units dedicated to this type of service is technically determined.
Costa Rica reserves the right to maintain a monopoly on railroad transportation. However, the State may grant concessions to private individuals. Concessions may be granted if justified by the demand for the service. Priority will be given to concessionaires that are already providing the service.
8. Sector: Tourist Guides
Subsector:
Industrial Classification:
Obligations Affected: National Treatment (Article 12.4)
Level of government: Central
Measures: Executive Decree No. 31030-MEIC-TUR - Regulations for Tourist Guides - Article 11.
Description: Cross-Border Trade in Services
Only Costa Rican nationals or residents may apply for tour guide licenses.
9. Sector: Tourism and Travel Agencies
Subsector:
Industrial Classification:
Obligations Affected: National Treatment (Articles 11.4 and 12.4) Performance Requirements (Article 11.7) Market Access (Article 12.6)
Level of government: Central
Measures: Law No. 5339 - Law Regulating Travel Agencies - Article 8. Law 6990 - Law on Incentives for Tourism Development - Articles 6 and 7. Law No. 8724 - Promotion of Rural Community Tourism - Articles 1, 4 and 12. Executive Decree No. 24863-H-TUR - Regulation of the Law of Incentives for Tourism Development - Articles 18, 32, 33, 34, 35, 36 and 36bis. Executive Decree No. 25148-H-TUR - Regulates Vehicle Leasing to National and Foreign Tourists - Article 7.
Description: Investment and Cross-Border Trade in Services
Costa Rica reserves the right to limit the number of travel agencies authorized to operate in Costa Rica based on the demand for such service.
Costa Rica reserves the right to limit the granting of incentives for tourism development based on its contribution to the balance of payments, the use of national raw materials and inputs, the creation of direct or indirect jobs, the effects on regional development, the modernization or diversification of the national tourism offer, the increases in the national tourism industry, and the effects on the development of the country's tourism industry. domestic and international tourism demand and the benefits that are reflected in other sectors.
Rural community-based tourism activities may only be carried out by companies incorporated in Costa Rica as rural area self-management associations or cooperatives, in accordance with Costa Rican legislation.
In the evaluation of applications for companies that wish to opt for the benefits for the rural community tourism sector, it will be taken into account that the company uses raw materials produced in the project's area of influence.
The activities of tourist cabotage, in any of its forms, from Costa Rican port to Costa Rican port, are reserved to yachts, tourist cruise ships and similar vessels of national flag.
10. Sector: Transportation Services - Customs Brokers - Auxiliaries of the Customs Public Function - Customs Carriers
Subsector:
Industrial Classification:
Obligations Affected: National Treatment (Article 12.4) Local Presence (Article 12.5)
Level of government: Central
Measures: Law No. 7557 - General Customs Law - Title III. Executive Decree No. 25270-H - Regulations to the General Customs Law - Title IV.
Description: Cross-Border Trade in Services
Only natural persons or companies that have a legal representative and are incorporated in Costa Rica may act as auxiliaries of the public customs function. Only Costa Rican nationals may act as customs agents.
11. Sector: Fishing and Fishing-Related Services
Subsector:
Industrial Classification:
Obligations Affected: National Treatment (Article 11.4) Performance Requirements (Article 11.7)
Level of government: Central
Measures: Political Constitution of the Republic of Costa Rica - Article 6. Law No. 8436 - Fisheries and Aquaculture Law - Articles 6, 7, 16, 18, 19, 47, 49, 53, 54, 55, 57, 58, 58, 62, 64, 65, 112, and Executive Decree No. 23943-MOPT-MAG - Regulatory Regulation of the Procedure for Granting Fishing Licenses to Foreign Vessels Wishing to Engage in Fishing Activities in Costa Rican Jurisdictional Waters - Articles 6, 6 bis and 7. Executive Decree No. 12737-A - Exclusive Reservation of Fishing for Commercial Purposes to Costa Ricans - Article 1. Executive Decree No. 17658-MAG - Classifies Permits for Shrimp Fishing in the Pacific Coast - Articles 1, 2 and 3. Regulations for the Authorization of Landings of Fishery Products from Vessels Belonging to the National or Foreign Commercial Fishing Fleet (INCOPESCA Agreement A.J.I.D./042) - Articles 2 and 3.
The unloading of fishery products from longline vessels of foreign flag must be carried out at the dock of the Multiservice Fishing Terminal of Barrio del Carmen as of December 1, 2010 (INCOPESCA Agreement). A.J.D.1.P./371-2010) - Article 1.
Regulation for the suspension of the beginning of the unloading of fishery products from foreign flag vessels at the Incopesca Fishing Terminal, Barrio El Carmen, Puntarenas (Agreement A.J.D.I.P./266-201 1) - Article 1.
Description: Investment
The State exercises complete and exclusive sovereignty over its territorial waters within a distance of 12 miles from the low sea line along its coasts, its continental shelf and its insular socket in accordance with the principles of international law. It also exercises special jurisdiction over the seas adjacent to its territory in an extension of 200 miles from the same line, in order to protect, conserve and exploit with exclusivity all the resources and natural wealth existing in the waters, soil and subsoil of those areas, in accordance with those principles.
The foreign flag tuna purse seiner may enjoy a free fishing license for 60 calendar days if it delivers the totality of its catch to national canning or processing companies.
Fishing activities by foreign vessels are prohibited, except for tuna purse seine fishing.
Commercial fishing within the 12 miles of Costa Rica's territorial waters is exclusively reserved to Costa Rican nationals and Costa Rican companies, who must carry out such activity with vessels flying the national flag.
The licenses to capture shrimp for commercial purposes in the Pacific Ocean will only be granted to vessels of national flag and registration, as well as to Costa Rican individuals or legal entities.
Longline and gillnet fishing may only be authorized for vessels flying the flag of the country of origin of the vessel national registry. Likewise, fishing for squid with bait pots may be authorized only for small and medium scale artisanal vessels, as well as those classified as Costa Rican longline fishing.
The landing of fishery products in Costa Rican territory by foreign vessels may be authorized based on criteria of supply and demand, consumer protection and the national fishing sector.
12. Sector: Scientific and Research Services Services related to Agriculture, Forestry and Aquaculture
Subsector:
Industrial Classification:
Obligations Affected: National Treatment (Article 12.4) Local Presence (Article 12.5)
Level of government: Central
Measures: Law No. 7788 - Biodiversity Law - Articles 7 and 63. Law No. 7317 - Wildlife Conservation Law - Articles 2, 28, 29, 31, 38, 39, 61, 64 and 66. Executive Decree No. 32633 - Regulations to the Wildlife Conservation Law - Chapter V.
Description: Cross-Border Trade in Services
Foreign nationals or companies domiciled abroad that provide scientific research and bioprospecting (2) services with respect to biodiversity (3) in Costa Rica must designate a legal representative with residence in Costa Rica. A license for scientific or cultural harvesting of species, scientific hunting and scientific or cultural fishing will be issued for a maximum period of 1 year to nationals or residents and 6 months or less for all other foreigners. Nationals and residents will pay a lower fee than non-resident aliens to obtain this license.