Executive Decree No. 25068 of 21 March 1996 - Reglamento de Servicio Social Obligatorio para los Profesionales en Ciencias de la Salud - Arts.7, 13, 14, 17, 18, 21, and 22
Executive Decree No. 25841-S of 5 February 1997 - Reforma al Reglamento de Servicio Social Obligatorio para los Profesionales en Ciencias de la Salud - Art. 1
Description: Cross-Border Services
All Physicians and Surgeons, Dental Surgeons, Microbiologists, Pharmacists, Nurses, and Nutritionists must perform the equivalent of a one-year continuous, remunerated mandatory social services requirement.
The assignment of the slots to perform mandatory social services is made through a drawing. If there are enough slots to perform mandatory social services for all applicants, applicants who are Costa Rican nationals are given priority over applicants who are foreign nationals with respect to assignment of the specific slots.
If the number of slots offered in the drawing is less than the number of applicants, applicants who are Costa Rican nationals shall have the priority to freely choose if they want to participate or not in the drawing. Such choice shall be respected as long as the number of applicants who do not wish to choose a slot is equal to or less than the number of shortage of slots. When the number of applicants who are Costa Rican nationals that do not wish to participate in the drawing exceeds the number of shortage of slots, a lottery shall be made among them to determine who shall participate in the drawing of slots.
If there is still a shortage of slots when the applicants who are Costa Rican nationals have already made their choice, the same procedure shall be applied for the drawing of slots among applicants who are foreign nationals.
Subject to the conditions and terms included in the legislation and regulations applicable to each professional category listed above, the mandatory social service requirement may be waived for temporary professional practice.
Sector: Audiovisuals - Advertising - Services of Cinema, Radio, Television, and Other Shows
Obligations Concerned: Performance Requirements (Article 10.9) Local Presence (Article 11.5) National Treatment (Articles 10.3 and 11.2) Most-Favored-Nation Treatment (Articles 10.4 and 11.3) Market Access (Article 11.4)
Level of Government: Central
Measures: Law No. 6220 of 20 April 1978 - Regula Medios de Difusión y Agencias de Publicidad - Art. 3
Law No. 1758 of 19 June 1954 â Ley de Radio y Television â Att. 11
Executive Decree No. 12764-G of 22 June 1981 - Reglamenta Ley de Publicidad - Arts. 1 and 5
Description: Cross-Border Services and Investment
Mass media and advertising services may only be provided by entrerprises incorporated in Costa Rica with nominative stock or established as âsociedades personalesâ under Costa Rican law.
Radio and television programs must observe the following rules:
- If the commercials consist of jingles recorded abroad, a lump sum must be paid every time the commercial is aired on domestically transmitted television. Only 30 percent of the commercials aired on each domestic television station or projected in each cinema may originate from abroad.
- Commercials imported in a physical medium from outside the Central American region and aired on domestically transmitted television must pay a tax equivalent to 100 percent of the declared value of the production of the commercial. Radio, movie, or television commercials are considered national when they are produced in any of the Central American countries with which there is reciprocity in the matter.
-The number of radio programs and radio soap operas recorded abroad may not exceed 50 percent of the total number aired per domestically transmitted radio station per day.
- The number of programs filmed or videotaped abroad may be limited to 60 percent of the total number of programs aired on domestically transmitted television per day.
Radio, movie, or television commercials are considered national when at least 90 percent of the jingle has been composed or arranged by Costa Rican nationals, at least 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 overall production are Costa Rican nationals.
Sector: News Agency Services
Obligations Concerned: National Treatment (Article 11.2) Local Presence (Article 11.5)
Level of Government: Central
Measures: Executive Decree No. 14931-C of 20 October 1983 - Reforma Reglamento Ley Organica Colegio Periodistas - Arts. 6 and 26
Executive Decree No. 15294-C of 27 February 1984
Description: Cross-Border Services
Except as authorized, a journalist who is a foreign national may cover events in Costa Rica only if he or she is a resident of Costa Rica.
The Board of Directors of the Colegio de Periodistas may grant non-resident foreign nationals a special permit to cover events in Costa Rica for up to one year and may extend that period, provided that doing so does not harm or conflict with the interests of members of the Colegio de Periodistas.
If the Colegio de Periodistas decides that an event of international importance will or has occurred in Costa Rica, the Colegio de Periodistas may grant a non-resident foreign national with appropriate professional credentials a temporary permit to cover the event for the foreign media the journalist represents. Such permit may be valid for up to one month after the event.
Sector: Sports Services and Other Entertainment Services
Obligations Concerned: Market Access (Article 11.4) National Treatment (Articles 10.3 and 11.2) Local Presence (Article 11.5)
Level of Government: Central
Measures: Law No. 7744 of 19 December 1997 - Ley de Concesión y Operación de Marinas Turísticas - Arts. 1, 12, and 21
Executive Decree No. 27030-TUR-MINAE-MOPT of 20 May 1998 - Reglamento a la Ley de Concesión y Funcionamiento de Marinas Turísticas - Art. 52
Description: Cross-Border Services and Investment
To obtain concessions to develop tourism marinas or docking facilities, enterprises with their principal place of business abroad must be established in Costa Rica.
Foreign nationals shall appoint a representative with sufficient legal authority and with permanent residence in Costa Rica.
All foreign flag vessels using marina services may remain in the Costa Rican exclusive economic zone for a maximum period of two years, extendable for like periods. While in Costa Rica, foreign flag vessels and their crew cannot supply water transportation services or fishing, diving, or other sports or tourism-related activities, except tourism cruises.
Sector: Railroads, Ports, and Airports
Obligations Concerned: Market Access (Article 11.4) Local Presence (Article 11.5)
Level of Government: Central
Measures: Constitución Política de la República de Costa Rica – Art.121, paragraph 14
Law No. 7762 of 14 April 1998 – Ley General de Concesión de Obras Públicas con Servicios Públicos – Arts. 2, 3, 4, 5, and 31
Description: Cross-Border Services
National railroads, docks, and airports - the latter while in use - may not be sold, leased or encumbered, directly or indirectly, or be otherwise removed from State ownership and control.
The Executive Branch may grant concessions for railroads, railways, docks, and international airports. In the case of Limon, Moin, Caldera, and Puntarenas docks, concessions may only be granted for future works or expansions.
All enterprises holding railroad, port or airport concession must be organized under Costa Rican law and domiciled in Costa Rica.
Sector: Wireless Services
Obligations Concerned: Market Access (Article 11.4) National Treatment (Articles 10.3 and 11.2) Most-Favored-Nation Treatment (Articles 10.4 and 11.3)
Level of Government: Central
Measures: Constitución Política de la República de Costa Rica – Art. 121, paragraph 14
Law No. 1758 of 19 June 1954 – Ley de Radio y Televisión – Arts. 1, 2, 3, and 25
Description: Cross Border Services and Investment
In Costa Rica, wireless services may not be permanently removed from State ownership and may be supplied only by the public administration or by private parties, in accordance with the law or under a special concession granted for a limited period of time and on the basis of conditions and stipulations to be established by the Legislative Assembly.
The right to establish radiographic stations in Costa Rica for transmission or reception of official messages, is permanently reserved to the State, and is not subject to concession.
Only a Costa Rican national or enterprise with at least 65 percent of its capital owned by Costa Rican nationals may establish or manage an enterprise that supplies wireless services. This restriction does not apply to the establishment and operation of ham radio stations, but rights shall not be granted to a foreign national residing in Costa Rica when the country of origin of the foreign national does not grant that same right to Costa Rican nationals.
Notwithstanding the measures listed above, including any requirements regarding ownership of capital by Costa Rican nationals, Costa Rica shall allow telecommunications services providers of another Party, on a non-discriminatory basis, to effectively compete to supply directly to the customer, through the technology of their choice, the following telecommunications services in its territory: (5)
(i) private network services (6), no later than January 1, 2006;
(ii) Internet services, (7) no later than January 1, 2006; and
(iii) mobile wireless services (8), no later than January 1, 2007.
Sector: On Premise Supply of Liquors for Consumption
Obligations Concerned: Market Access (Article 11.4)
Level of Government: Central
Measures: Law No. 10 of 7 October 1936 - Ley sobre la Venta de Licores - Arts. 8, 11, and 16
Description: Cross-Border Services
Municipalities decide the number of establishments selling liquor that can be authorized in each one of the areas under their jurisdiction. In no case can this number exceed the following proportion:
(a) in province capitals, one establishment selling foreign liquor and one establishment selling domestic liquor per three hundred residents;
(b) in all other cities with over one thousand inhabitants, one establishment selling foreign liquor per five hundred residents and one establishment selling domestic liquor per three hundred residents;
(c) cities under one thousand residents but over five hundred residents may have two establishments selling foreign liquor and two selling domestic liquor; and
(d) any other cities with five hundred residents or less may have one establishment selling foreign liquor and one establishment selling domestic liquor.
No establishment for on-premise supply of liquors for consumption will be allowed outside the perimeter of cities or where no permanent police authority exists.
In a public auction, no person may receive authorization for more than one establishment selling foreign liquor and one establishment selling domestic liquor in the same city.
Sector: Lottery Sale Services
Obligations Concerned: Market Access (Article 11.4)
Level of Government: Central
Measures: Law No. 7395 of 3 May 1994 - Ley de Loterías - Art. 2
Law No. 1387 of 21 November 1951 - Ley de Rifas y Loterías - Art. 1
Description: Cross-Border Services
The Junta de Protección Social de San José shall be the sole manager and distributor of lottery, except for the "Juego Crea".
All lottery, "tiempos", raffles, and clubs that award prizes consisting of payments in cash are prohibited, except for the "Juego Crea" and those issued by the Junta de Protección Social de San José.
Annex I. Schedule of the Dominican Republic
Sector: All Sectors
Obligations Concerned: National Treatment (Article 10.3)
Measures: - Ley sobre Inversión Extranjera, No. 16-95, November 20, 1995,
Ley General sobre Medio Ambiente y Recursos Naturales, No. 64-00, August 18, 2000, Art. 101
Description: Investment Only Dominican nationals may perform activities related to the disposal of toxic, hazardous, or dangerous or radioactive waste produced outside the Dominican Republic.
Sector: Professional Services - Legal Services
Obligations Concerned: National Treatment (Article 11.2) Market Access (Article 11.4)
Measures:
- Ley del Notariado, No. 301, June 18, 1964, Arts. 4, 5, and 10
- Ley de Organizacion Judicial, y sus modificaciones, No. 821, November 21, 1927, Chapter XI, Art. 73
- Ley que crea el Colegio de Abogados, No. 91, February 3, 1983, Art. 4
Description: Cross-Border Services
To practice law before the courts in the Dominican Republic or to render public notary services a lawyer must be a Dominican national and a member of the Colegio de Abogados.
A foreign lawyer may render legal services other than those related to the judicial function or appearing in court provided the foreign lawyer is a member of the Colegio de Abogados.
A foreign lawyer who is not a member of the Colegio de Abogados may supply foreign legal consulting services provided that the foreign lawyer is licensed to practice law in a jurisdiction that permits Dominican nationals to supply foreign legal consulting services. The Dominican Republic shall permit foreign lawyers who are supplying foreign legal consulting services from the territory of a Party into the territory of the Dominican Republic in the period preceding the date of signature of this Agreement to continue supplying such services.
The authorization of new notaries public is subject to quotas, proportional to the number of inhabitants in each municipality and the national district.
A foreign lawyer may become a member of the Colegio de Abogados:
(a) by obtaining a law degree in the Dominican Republic;
(b) by obtaining revalidation of a law degree issued in a foreign country; or
(c) if the government of a jurisdiction in which the foreign national has a license to practice law has an agreement with the Dominican Republic establishing reciprocal treatment for Dominican lawyers.
For purposes of this entry:
(a) lawyer means in general all persons who, in the exercise of a function and by reason of special knowledge regarding the law, render legal advice, and includes professors and researchers working in universities, all the judges of the Dominican Republic, court-appointed lawyers (abogados de oficio), public prosecutors, public notaries, legal advisors and consultants to natural or corporate persons, public or private; and
(b) foreign legal consulting service means providing advice by a lawyer regarding matters with respect to which the lawyer or law firm is authorized to render legal services in his, her, or its home market.
Sector: Professional Services - Architectural and Engineering Services
Obligations Concerned: National Treatment (Article 11.2) Most-Favored-Nation Treatment (Article 11.3) Local Presence (Article 11.5)
Measures:
- Ley sobre el Ejercicio de Ingenieria, la Arquitectura, la Agrimensura y Profesiones Afines, No. 6200, February 22, 1962, Arts. 17, 18, and 19
- Decreto que Reglamenta el Ejercicio Rrofesional del Ingeniero Quimico, No.511-86, June 26, 1986, Arts. 8, 9, and 10
- Ley sobre la Promocién del Desarrollo Turistico en Destinos Subdesarrollados y en Nuevos Destinos en Provincias y Localidades con Potencial Extraordinario, que Crea el Fondo Oficial para la Promocién del Turismo, No. 158-01, October 9, 2001, Art. 14
Description: Cross-Border Services
Only members of the Colegio Dominicano de Ingenieros, Arquitectos y Agrimensores de la Republica Dominicana ("CODIA") may practice as engineers, architects, and land surveyors. A foreign professional who meets the relevant qualifications may join CODIA as long as Dominican nationals are not prohibited from practicing in the jurisdiction in which the foreign professional is licensed.
However, professionals who graduated from foreign universities who are not members of CODIA may practice in the Dominican Republic when:
(a) the Executive Branch, in special and justified cases, contracts their services to perform specialized jobs or technical consulting in those fields of the profession in which such services are necessary; or
(b) an enterprise or institution contracts the professional to supply a specific service for a specified time and sufficiently demonstrates the necessity for this to CODIA, which will then authorize the professional to supply the service.
A Dominican chemical engineer must review the plans for and installation of any production facility constructed in the Dominican Republic by foreign technicians or enterprises. In addition, if foreign technicians whose activities are related to the chemical engineering field are used in the installation or start up of a production facility, at least one Dominican chemical engineer must have a role in their supervision.
After the installation and start-up of a production facility, the facility may not employ foreign technicians related to the field of chemical engineering if Dominican engineers with the relevant expertise are available. If no qualified Dominican engineer is available, an enterprise may employ foreign technicians, but only as long as their number is proportionate to the number of Dominican technicians. (1) However, this requirement does not apply to enterprises that employ at least one Dominican engineer.
To provide architectural and engineering services related to construction, persons who are not members of CODIA must associate with a CODIA member.
A Dominican professional must prepare any projects and preliminary plans that are submitted to qualify for benefits from the Fondo Oficial de Promocion Turistica.
Foreign nationals and enterprises organized under foreign law must associate with an enterprise organized under Dominican law in order to provide services related to urban and architectural studies for a tourism-related project.
Sector: Professional Services Accounting, Auditing, and Bookkeeping Services.
Obligations Concerned: National Treatment (Article 11.2) Local Presence (Article 11.5) Market Access (Article 11.4)
Measures:
- Decreto que aprueba el Reglamento Interno del Instituto de Contadores Piblicos Autorizados de la Reptiblica Dominicana, No. 2032, June 1, 1984, Art. 6
- Cédigo de Etica Profesional del Instituto de Contadores Piblicos Autorizados de la Reptblica Dominicana (ICPARD), October 9, 2001, Art. 3.2.13
Description: Cross-Border Services
Only Dominican nationals may practice as Certified Public Accountants in the Dominican Republic. Foreign public accountants, auditors, or bookkeepers, as individuals or enterprises, may practice their profession only in association with a Dominican accountant.
Sector: Professional Services - Health Services and Related Professions
Obligations Concerned: National Treatment (Article 11.2) Most-Favored-Nation Treatment (Article 11.3) Local Presence (Article 11.5)
Measures:
- Ley General de Salud, No.42-01, March 8, 2001, Arts. 92 and 93 - Ley que crea el Colegio Dominicano de Psicdlogos/as, No. 22- 01, February 1, 2001, Art. 4-c
- Ley que Establece un Impuesto sobre los Honorarios Cobrados por Médicos Extranjeros que Ejerzan en la República Dominicana, No. 3491, March 6, 1953, Art. 1 (2)