Obligations Concerned: National Treatment (Article 4.04)
Measures: Law No. 7317 of October 30, 1992 - Wildlife Conservation Law - Articles 28, 29, 31, 38, 39, 64 and 66
Executive Decree No. 26435-MINAE of October 1, 1997 - Regulations to the Wildlife Conservation Law - Article 32
Description: Transboundary Trade in Services
A license for the scientific or cultural collection of species shall be issued for a maximum period of one year to nationals or residents and six months or less for all other foreigners.Nationals and residents shall pay a lower fee than non-resident foreigners to obtain the license described above.
Sector: Fishing and Fishing-Related Services
Obligations Concerned: National Treatment (Article 3.04) Performance Requirements (Article 3.07)
Measures: Political Constitution of the Republic of Costa Rica - Article 6
Law 190 of September 28, 1948 - Law on Maritime Fishing and Hunting - Article 7
Law No. 6267 of August 29, 1978 - Reform to the Law of Fishing and Foreign Flag Vessels in Patrimonial Sea - Articles 3, 5 and 14
Executive Decree No. 23943-MOPT-MAG. 23943-MOPT-MAG of January 5, 1995 - Regulatory Regulation of the Procedure for Granting Fishing Licenses to Foreign Vessels Desiring to Engage in Fishing Activities in Costa Rican Jurisdictional Waters - Article 6
Executive Decree No. 12737-A of June 23, 1995. 12737-A of June 23, 1981 - Reserves Exclusively Fishing for Commercial Purposes to Costa Ricans - Article 1
Executive Decree No. 17658-MAG of July 17, 1987- Classifies Permits for Shrimp Fishing in the Pacific Coast - Articles 1, 2 and 3.
Description: Investment
The State exercises complete and exclusive sovereignty over its territorial waters for a distance of 12 miles from the low sea line along its coasts, its continental shelf and its insular basin in accordance with the principles of international law. It also exercises a special jurisdiction over the seas adjacent to its territory in an extension of two hundred 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 zones, in accordance with those principles.fishing for shrimp and scale fish may only be permitted in Costa Rica with vessels built in the country and with national wood and labor. Foreign flag vessels may pay a lower fee and benefit from an automatic extension of their fishing permit if they supply their catch to national companies. National companies are those in which at least 51 percent of their capital is owned by Costa Rican nationals. Commercial fishing within 12 miles of Costa Rican territorial waters is exclusively reserved to Costa Rican nationals and to Costa Rican companies in which at least 51 percent of their capital is owned by Costa Rican nationals, who must carry out such activity with vessels flying the national flag. The capture of shrimp for commercial purposes in Costa Rican territorial waters of the Pacific Ocean is reserved to vessels of national flag and national registry belonging to Costa Rican nationals.
Sector: Electricity
Obligations Concerned: National Treatment (Articles 3.04 and 4.04) Local Presence (Article 4.05) Market Access (Article 4.06)
Measures: Political Constitution of the Republic of Costa Rica - Article 121
Law No. 7200 of April 28, 1990 - Law Authorizing Autonomous or Parallel Electricity Generation - Articles 1, 2, 3, 5, 7, and 26, modified by Law No. 7508 of May 9, 1995 - Law on Amendments to the Law Authorizing Autonomous or Parallel Generation - Articles 2 and 3
Law No. 7789 of April 30, 1998 - Transformation of Empresa de Servicios Publicos de Heredia - Article 15
Executive Decree No. 20346 MIRENEM of March 21, 1991 - Regulation to the Law that Authorizes Autonomous or Parallel Electricity Generation - Articles 4, 5, 6 and 8
Executive Decree No. 24866-MINAE of December 12, 1995 - Regulation to Chapter II of the Parallel Generation Law: Competition Regime - Article 34
Law No. 7593 of August 9, 1996 - Law of the Regulatory Authority of Public Utilities - Articles 5, 9 and 13
Law No. 8345 of February 20, 2003 - Law of Participation of Rural Electrification Cooperatives and Municipal Utilities Companies in National Development - Articles 1, 2, 3, 6, 7, 9, 11, 12 and 13
Description: Investment and Cross Border Trade in Services
Costa Rica reserves the right to grant by legislation concessions for the transmission, distribution and commercialization of electric energy on the basis of the demand for the service. For greater certainty, the following companies currently hold concessions to provide these services: Instituto Costarricense de Electricidad (ICE); Empresa de Servicios Publicos de Heredia; Junta Administrativa del Servicio Electrico Municipal de Cartago (JASEC); Compafifa Nacional de Fuerza y Luz; and cooperative associations, cooperative consortiums and municipal public service companies subject to the provisions of Law No. 8345. All of these companies may participate in strategic alliances with public or private companies to provide their services, subject to the provisions stipulated by law. In the case of the Empresa de Servicios Publicos de Heredia, not less than 51 percent of the capital of the private company must belong to Costa Rican nationals. Private individuals may invest in activities for the operation of power plants of limited capacity (4) that do not exceed 20. a) ICE may purchase electricity from companies in which not less than 35 percent of the capital is owned by Costa Rican nationals.b) Companies organized under foreign legislation and that enter into a power purchase agreement with ICE must establish a branch office in Costa Rica.
Sector: Higher Education Services
Obligations Concerned: National Treatment (Articles 3.04 and 4.04) Senior Management and Boards of Directors (Article 3.08)
Measures: Executive Decree No. 30431 of April 23, 2002 - Regulation of Para-University Higher Education - Articles 6 and 61, paragraph (d)
Description: Investment and Cross-Border Trade in Services
Not less than! 85 percent of the teaching staff, administrative teaching staff, and senior management personnel of a private institute of higher education shall be Costa Rican nationals.
Sector: Human Health Professional Services - Physicians and Surgeons, Dental Surgeons, Microbiologists, Pharmacists, Nurses and Nutritionists
Obligations Concerned: National Treatment (Article 4.04)
Measures: Law No. 7559 of November 9, 1995 - Law on Compulsory Social Service for Health Science Professionals - Articles 2, 3, 5, 6 and 7
Executive Decree No. 25068 of March 21, 1996 - Regulation of Compulsory Social Service for Health Science Professionals - Articles 7, 13, 14, 17, 18, 21 and 22
Executive Decree No. 25841-S of February 5, 1997 - Amendment to the Regulation of Compulsory Social Service for Health Science Professionals - Article 1
Description: Cross Border Trade in Services
Physicians, dentists, dental surgeons, microbiologists, pharmacists, nurses and nutritionists shall perform the equivalent of one continuous year of paid compulsory social service. Compulsory social service places shall be allocated by lottery. When there are sufficient places for all applicants to perform compulsory social service, applicants who are Costa Rican nationals shall have priority over foreign applicants with respect to the allocation of a specific place. If the number of places offered for the lottery is less than the number of applicants, applicants who are Costa Rican nationals shall have priority to choose freely whether or not to participate in the lottery. This choice will be respected as long as the number of participants who do not wish to choose a place is equal to or less than the number of vacant places. When the number of applicants who are Costa Rican nationals who do not wish to participate in the lottery is greater than the number of vacancies, a raffle will be held among them to determine who will participate in the lottery; if after the selection process for the applicants who are Costa Rican nationals there is still a shortage of vacancies, the same procedure will be applied for the lottery of vacancies among foreign applicants. Subject to the conditions and terms included in the legislation and regulations applicable to each professional category listed above, for the temporary exercise of the profession may be exempted from the requirement to perform compulsory social service.
Sector: Audiovisual - Advertising - Film, Radio, Television and other Entertainment Services
Obligations Concerned: National treatment (Articles 3.04 and 4.04) Most-favored-nation treatment (Articles 3.05 and 4.03) Performance requirements (Article 3. 07) Local presence (Article 4.05) Market access (Article 4.06)
Measures: Law No. 6220 of April 20, 1978 - Regulates Broadcast Media and Advertising Agencies - Article 3
Law No. 1758 of June 19, 1954 - Radio and Television Law - Article 11
Executive Decree No. 12764-G of June 22, 1981 - Regulates Advertising Law - Articles 1 and 5
Description: Investment and Cross Border Trade of Services
Mass media and advertising services may only be provided by companies incorporated in Costa Rica with nominative shares or under the form of "personal companies" in accordance with Costa Rican legislation. The radio and television programs must respect the following rules: a) If the commercials consist of tunes (jingles) recorded abroad, a certain sum must be paid each time the commercial is transmitted on the air in domestic television. Of the commercials broadcast on the air by each domestic television station or projected by a movie theater, only 30 percent may be of foreign origin. b) Commercials imported for physical media from outside the Central American region and broadcast on the air on domestic television shall pay a tax equivalent to 100 percent of their declared production value. Radio, film or television commercials are considered national when they are produced in any of the countries of Central America with which there is reciprocity in the matter.c) The number of radio programs and radio soap operas recorded abroad may not exceed 50 d) The number of programs filmed or recorded abroad may be limited to 60 percent of the total number of programs aired per day in domestic television transmissions. Radio, film or television commercials are considered national when at least 90 percent of the tune (or jingle) has been composed or arranged by Costa Rican nationals and not less than 90 percent of the image has been drawn, photographed, printed, filmed or videotaped by Costa Rican nationals and when at least 90 percent of the technical personnel participating in the production are Costa Rican nationals.
Sector: News Agency Services
Obligations Concerned: National Treatment (Article 4.04) Local Presence (Article 4.05)
Measures: Executive Decree No. 14931-C of October 20, 1983- Reform of the Regulations of the Organic Law of the Journalists' Association- Articles 6 and 26
Executive Decree No. 15294-C of February 27, 1984
Description: Cross Border Trade of Services
Unless previously authorized, a foreign journalist may cover events in Costa Rica only if he/she is a resident of Costa Rica.The Board of Directors of the Colegio de Periodistas may grant non-resident foreigners special permits to cover events in Costa Rica for up to one year, extendable as long as they do not harm or oppose the interests of the members of the Colegio de Periodistas. If the College of Journalists decides that an event of international importance will occur or has occurred in Costa Rica, the College of Journalists may grant to a non-resident foreigner who has adequate professional credentials, a temporary permit to cover such event for the foreign media that the journalist represents. Such permit shall only be valid for up to one month after the event.
Sector: Sports and Other Entertainment Services
Obligations Concerned: National Treatment (Articles 3.04 and 4.04) Local Presence (Article 4.05) Market Access (Article 4.06)
Measures: Law No. 7744 of December 19, 1997 - Law on Concession and Operation of Tourist Marinas - Articles 1, 12 and 21
Executive Decree No. 27030-TUR-MINAE-MOPT of May 20, 1998 - Regulations to the Law on Concession and Operation of Tourist Marinas - Article 52
Description: Investment and Cross-Border Trade of Services
To obtain concessions for the development of marinas and tourist berths, companies whose principal place of business is located abroad must establish themselves in Costa Rica.Foreign nationals must appoint a representative with sufficient legal authority and permanent residence in Costa Rica.Any foreign flag vessel using the services offered by a marina may remain in the Costa Rican exclusive economic zone for a maximum period of two years, extendable for equal periods. During their stay in Costa Rica, foreign flag vessels and their crew may not provide water transportation services, fishing, diving or other activities related to sports and tourism, except for tourist cruises.
Sector: Railways, Gates and Airports
Obligations Concerned: Local presence (Article 4.05) Market access (Article 4.06)
Measures: Political Constitution of the Republic of Costa Rica - Article 121, paragraph 14
Law No. 7762 of April 14, 1998 - General Law of Concession of Public Works with Public Services - Articles 2, 3, 4, 5 and 31
Description: Cross-Border Trade of Services
National railroads, docks and airports - the latter while in service - may not be alienated, leased or encumbered, directly or indirectly, nor leave in any form the domain and control of the State.The Executive Branch may grant concessions of railroads, railroads, docks and international airports. In the case of the docks of Limon, Moin, Caldera and Puntarenas, concessions may only be granted for future works or expansions.All concessionary companies of railroads, docks or airports must be constituted in accordance with Costa Rican legislation and have their domicile in Costa Rica.
Sector: Wireless Services
Obligations Concerned: National Treatment (Articles 3.04 and 4.04) Most-Favored-Nation Treatment (Articles 3.05 and 4.03) Market Access (Article 4.06)
Measures: Political Constitution of the Republic of Costa Rica - Article 121, paragraph 14
Law No. 1758 of June 19, 1954 - Radio and Television Law - Articles 1, 2, 3 and 25
Description: Investment and Cross-Border Trade in Services
In Costa Rica, wireless services may not definitively leave the domain of the State and may only be provided by the public administration or by private individuals, in accordance with the law or by means of a special concession granted for a limited time and under the conditions and stipulations established by the Legislative Assembly. The right to establish radio stations in Costa Rica for the transmission and reception of official messages is permanently reserved to the State and is not subject to concession. Only Costa Rican nationals or companies whose capital is not less than 65 percent owned by Costa Rican nationals may establish or manage a company that provides wireless services. This restriction does not apply to the establishment and operation of amateur radio stations, but no rights shall be granted to a foreigner with residence in Costa Rica, when the country of origin of such foreigner does not grant the same right to Costa Rican nationals. Notwithstanding the measures listed above, including any requirements relating to capital ownership by Costa Rican nationals, Costa Rica shall allow, on a non-discriminatory basis, telecommunications service suppliers of another Party to compete effectively to supply directly to the customer, through the technology of their choice, the following telecommunications services in its territory, in accordance with the terms and conditions set out in the Agreement: (5) (a) private network services (6); (b) Internet services (7); and (c) mobile wireless services (8).
Sector: Supply of liquor for on-premises consumption
Obligations Concerned: Market access (Article 4.06)
Measures: Law No. 10 of October 7, 1936 - Law on the Sale of Liquor - Articles 8, 11 and 16
Description: Cross-Border Trade in Services
It is at the discretion of the Municipalities to determine the number of liquor establishments that may be authorized in each of the areas under their jurisdiction. In no case may this number exceed the following proportion: (a) in provincial capitals, one establishment selling foreign liquors and one establishment selling domestic liquors for every three hundred inhabitants; (b) in all other cities having more than one thousand inhabitants, one establishment selling foreign liquors for every five hundred inhabitants and one establishment selling domestic liquors for every three hundred inhabitants; (c) cities having less than one thousand inhabitants but more than five hundred inhabitants may have two establishments selling foreign liquors and two establishments selling domestic liquors; and (d) any other city having five hundred inhabitants or less may have one establishment selling foreign liquors and one establishment selling domestic liquors. No establishment for the sale of liquor for consumption shall be permitted outside of the metro areas of the cities or where there is no permanent police authority; in public auction, no person may acquire authorization to have more than one establishment selling foreign liquor and one establishment selling domestic liquor in the same city.
Sector: Lottery Sales Services
Obligations Concerned: Market Access (Article 4.06)
Measures: Law No. 7395 of May 3, 1994 - Law on Lotteries - Article 2
Law No. 1387 of November 21, 1951 - Law on Raffles and Lotteries - Article 1
Description: Cross Border Trade of Services
The Social Protection Board of San Jose shall be the sole administrator and distributor of lotteries, except for the "Juego Crea".All lotteries, times, raffles and clubs that grant prizes consisting in the payment of cash are prohibited, except for the "Juego Crea" and those issued by the Social Protection Board of San Jose.
Annex I. Schedule of El Salvador
Sector: All Sectors
Obligations Concerned: National treatment (Article 3.04) Most favored nation treatment (Article 3.05)
Measures: Constitution of the Republic of El Salvador, Articles 95 and 109
Description: Investment
A foreign person may not own real property, including a branch of a foreign person, if the person is a national of a country or is incorporated under the laws of a country, which does not permit Salvadoran nationals to own real property, except in the case of land for industrial establishments.A company incorporated under Salvadoran law, the majority of whose capital is owned by foreign persons or the majority of whose partners are foreigners, is subject to the preceding paragraph.
Sector: All Sectors
Obligations Concerned: National Treatment (Article 3.04) Most-Favored-Nation Treatment (Article 3.05)
Measures: Constitution of the Republic of El Salvador, Articles 95 and 115
Investment Law, Legislative Decree 732, Article 7
Commerce Code, Article 6
Description: Investment
Only the following persons may engage in commerce, industry and the rendering of small services in El Salvador:a) Salvadoran nationals born in El Salvador; and b) nationals of Central American countries. A company incorporated under Salvadoran law, the majority of whose capital is foreign-owned, or the majority of whose partners are foreigners, may not establish a small company to engage in small commerce, industry, and the provision of services.
Sector: Cooperative Production Companies
Obligations Concerned: National Treatment (Article 3.04)
Measures: Regulations of the General Law of Cooperative Associations, Title VI, Chapter 1, Article 84
Description: Investment
At least 75 percent of the total number of associates in a cooperative association must be Salvadoran persons.For purposes of this nonconforming measure, a branch of a company that has not been incorporated under Salvadoran law is not considered a Salvadoran person.For greater certainty, a cooperative production association exists for the purpose of providing certain benefits to its members, including distribution, sales, administration, and technical assistance. Its functions are not only economic but also social.
Sector: Duty-Free Shopping Centers and Establishments
Obligations Concerned: National Treatment (Article 3.04)
Measures: Constitution of the Republic of El Salvador, Article 95
Law for the Establishment of Duty-Free Shops at the Maritime Gates of El Salvador, Article 5
Description: Investment
Only Salvadoran nationals born in El Salvador and companies incorporated in accordance with Salvadoran laws may apply for a permit to establish a duty-free commercial center or establishment in the seaports of El Salvador; however, a company incorporated in accordance with Salvadoran laws, whose majority capital is owned by foreigners or whose partners are mostly foreigners, may not establish duty-free commercial centers or establishments in the seaports of El Salvador.
Sector: Air Services - Specialized Air Services
Obligations Concerned: Most-Favored-Nation Treatment (Article 4.03) National Treatment (Article 4.04)
Measures: Ley Organica de Aviaci6n Civil, Articles 5, 89, 92
Description: Cross-Border Trade in Services
The provision of specialized air services requires prior authorization from the Civil Aviation Authority. The authorization of the Civil Aeronautics Authority is subject to reciprocity and must take into consideration the national air transport policy.
Sector: Aircraft Services - Aircraft repair and maintenance service during which the aircraft is withdrawn from service and pilots of specialized air services
Obligations Concerned: Most-favored-nation treatment (Article 4.03) National treatment (Article 4.04)
Measures: Ley Organica de Aviación Civil, Articles 39 and 40
Description: Cross-Border Trade in Services
El Salvador applies reciprocity requirements when recognizing or validating licenses, certificates and authorizations issued by foreign aeronautical authorities to: a) technical personnel providing repair and maintenance services during the period in which the aircraft is withdrawn from service; and b) pilots and other technical personnel providing specialized air services.
Sector: Communications Services - Radio and television advertising and promotion services
Obligations Concerned: Most favored nation treatment (Article 4.03) National treatment (Article 4.04)
Measures: Decree of the provisions to regulate the exploitation of works of an intellectual nature for public communication media and the participation of Salvadoran artists in public shows.
Legislative Decree No. 239, dated June 9, 1983, published in the Official Gazette No. 111, No. 279, dated June 15, 1983, Article 4
Decree No. 18, Substitution of Articles 1 and 4 of Legislative Decree No. 239, dated June 9, 1983, published in the Official Gazette No. 7, No. 282, dated January 10, 1984.
Description: Cross-Border Trade in Services
A minimum of 90 percent of the production and recording of any commercial advertisement to be used in El Salvador's public communications media, whether television, radio broadcasting and printed material, originating in El Salvador, must be made by enterprises organized under Salvadoran law. Commercial advertisements produced or recorded by an enterprise organized under the laws of another Central American country may be used in the media of El Salvador, provided that such Party provides similar treatment to commercial advertisements produced or recorded in El Salvador. Commercial spots that do not meet the aforementioned requirements may be broadcast on the public media of El Salvador, if they are advertisements of international products, brands or services imported or produced in the country under license, and shall be subject to the payment of a single fee.
Sector: Communication Services - Television and radio broadcasting services
Obligations Concerned: National Treatment (Article 3.04)
Measures: Telecommunications Law, Article 123
Description: Investment
Concessions and licenses for free reception broadcasting services shall be granted to Salvadoran nationals born in El Salvador or to companies incorporated in accordance with Salvadoran laws. In the case of such companies, the capital stock must be constituted with at least 51 percent of Salvadorans.
Sector: Performing Arts
Obligations Concerned: National Treatment (Article 4.04)