(d) Level of Government indicates the level of government that maintains the measure(s) listed;
(e) Measures identifies the laws, regulations or other measures, for which the reservation has been made. A measure cited in the Measures element:
(i) means the measure as modified, continued or renewed, as of the date of entry into force of this Agreement, and
(ii) includes any subordinate action taken or maintained under the authority of, and consistent with, such action; and
(f) Description sets forth the liberalization commitments, if any, atthe date of entry into force of this Agreement and the remaining non-conforming aspects of the existing measures on which the reservation has been made.
3. In interpreting a reservation to the List, all elements of the reservation shall be considered. A reservation shall be interpreted in the light of the relevant obligations of the Chapters in respect of which the reservation has been made. To the extent that:
(a) the Measures clement is qualified by a liberalization commitment of the Description clement, the Measures clement so qualified shall prevail over any other element; and
(b) the Measures element is not qualified, the Measures clement shall prevail over any other element, except where any discrepancy between the Measures element and the other elements considered as a whole is so substantial and material that it would be unreasonable to conclude that the Measures element should prevail, in which case, the other elements shall prevail to the extent of the discrepancy.
4. Pursuant to Article 12.7 (Non-Conforming Measures) and Article 13.7 (Non- Conforming Measures), the Articles of this Agreement specified in the Affected Obligations element of a reservation do not apply to the non-conforming aspects of the measures identified in the Measures element of that reservation.
5. Where a Party maintains a measure requiring a service supplier to be a national, permanent resident, or resident in its territory as a condition for the supply of a service in its territory, a reservation made for that measure with respect to Article 13.3 (National Treatment), 13.4 (Most-Favored-Nation Treatment), or 13.6 (Local Presence) shall operate as a reservation with respect to Article 12.2 (National Treatment), 12.3 (Most-Favored- Nation Treatment), or 12.6 (Performance Requirements) with respect to such measure.
6. For greater certainty, Article 13.5 (Market Access) refers to non-discriminatory measures.
7. The Parties understand that the requirement to appoint proxies, representatives or agents, whether national, local or resident, is not incompatible with the obligations of Chapter 13 (Cross-Border Trade in Services).
8. The Parties understand that specialized air services are excluded from the scope of Chapter 13 (Cross-Border Trade in Services) under Article 13.1.3(a) (Scope of Application). Specialized air services means any air services other than transportation, such as aerial mapping, aerial surveying, aerial photography, forest fire control, firefighting, aerial advertising, glider towing, parachuting services, aerial services for the construction, log transport, scenic flights, training flights, aerial inspection and. surveillance and spraying, and other aerial services related to agriculture and industry.
9. The extraction of natural resources, the generation of electricity, the refining of crude oil and its derivatives, hunting and fishing shall not be considered services for the purposes of this Agreement.
Annex I . Schedule of Costa Rica
List of Costa Rica
1. Sector: All
Subsector: -
Obligations Affected: Local Presence (Article 13.6)
Level of Government: Central
Measures: Law No. 3284 - Commercial Code - Article 226. Law No. 218 - Law of Associations - Article 16.
Executive Decree No. 29496 - Regulations to the Law of Associations - Article 34.
Description: Cross-Border Trade in Services:
Associations domiciled abroad that wish to operate in Costa Rica may be required to establish a subsidiary in accordance with the Law of Associations and foreign legal entities may be required to establish a branch.
2. Sector: All
Subsector: -
Obligations Affected: National Treatment (Articles 12.2 and 13.3) Market Access (Article 13.5) Local Presence (Article 13.6)
Level of Government: Central
Measures: Law No. 6043 - Law on the Maritime Terrestrial Zone - Articles 9, 10, 11, 12, 31 and Chapters 3 and 6.
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 five (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 owned in more than fifty percent (50%) by foreigners.
In the maritime-terrestrial zone, no concession shall be granted within the first fifty (50) meters counted from the high tide line, nor in the area between the high tide line and the low tide line.
3. Sector: All
Subsector: -
Obligations Affected: National Treatment (Articles 12.2 and 13.3) Market Access (Article 13.5) Local Presence (Article 13.6)
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 concession contracts, in case of a tie in the selection parameters according to the rules of the cartel, the Costa Rican bid will win the bid over the foreign bid. The winning bidder is obliged to incorporate a national corporation with which the concession contract will be executed.
4. Sector: Professional Services
Subsector: -
Obligations Affected: National Treatment (Articles 12.2 and 13.3) Most-Favored-Nation Treatment (Articles 12.3 and 13.4) Market Access (Article 13.5) Local Presence (Article 13.6)
Level of Government: Central
Measures: Law No. 7221 - Organic Law of the College of Agronomists - Articles 5, 6, 8, 10, 10, 15, 16, 18, 19, 20, 23, 24 and 25.
Executive Decree No. 22688 - General Regulations of the Organic Law of the College of Agronomists of Costa Rica - Articles 6, 7 and 9.
Executive Decree No. 29410 - Regulations of 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 - Regulations of the College of Geologists of Costa Rica - Articles 4, 5 and 37.
Law No. 5142 - Organic Law of the College of Pharmacists of Costa Rica - 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 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 - General Internal Regulations of the College Federation of Engineers and Architects of Costa Rica - Articles 1, 3, 7, 9, 54, 55 and 60.
Special Regulations for Incorporation to the Federated College of Engineers and Architects of Costa Rica - 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 - Regulations of the College of Public Accountants of Costa Rica - Articles 4, 5, 8, 10 and 30.
Regulation No. 09 - Regulation 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 of Costa Rica - Articles 2, 22, 23, 24 and 28.
Executive Decree No. 34052 - Regulation of the Organic Law of the College of Nurses of Costa Rica - Articles 1, 6, 7 and 13.
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 - 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 - Regulation to Title II of the Organic Law of the College of Chemical Engineers and Related Professionals and Organic Law of the College of Chemists of Costa Rica, Regulation of the College of Chemists - Articles 2, 3, 14, 15 and 16 and Chapter VI.
Executive Decree No. 35695 - Regulations to Title I of the Organic Law of the College of Chemical Engineers and Related Professionals and Organic Law of the College of Chemists of Costa Rica - Articles 1, 3, 6, 8, 13, 110, 111, 111, 114, 115, 115, 116, 117, 118, 119, 121, 122, 123, 125, 128, 130, 145, 154, 154, 155, 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 - Regulations 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.
Regulations 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 on March 11, 2008 - 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 - 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 - 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.
Regulations to the Organic Law 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 - General Regulations of the Organic Law of the College of Computer Science and Computing Professionals - Articles 1, 22 and 23.
Law No. 8142 - Law on Official Translations and Interpretations - Article 6.
Executive Decree No. 30167 - Regulations to the Law of Official Translations and Interpretations - Article 10.
Law No. 7105 - Organic Law of the College of Licentiates in Economic Sciences - Articles 4, 6, 15, 19 and 20.
Executive Decree No. 20014 - General Regulations for Professionals in Economic Sciences of Costa Rica - Articles 10, 14 and 17.
Regulation No. 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 - Regulations 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.
General Regulations 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.
Regulations of 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 o f 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 - Regulation of the Organic Law of the College of Chiropractic Professionals - Articles 5, 8 and 15.
Law No. 7559 - Law on Compulsory Social Service fo r Health Science Professionals - Articles 2, 3, 5, 6 and 7.
Executive Decree No. 25068 - 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 in Letters, Philosophy, Sciences and Arts - Articles 32 and 33.
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:
In order to join the Professional Association of Public Accountants, Pharmacists, Geologists, Engineers and Architects, Physicians and Surgeons, Veterinarians, Lawyers, Notaries, Dental Surgeons, Optometrists, Journalists, Nurses, Medical and Surgical Technicians and branches of the Medical Sciences, all foreign professionals must demonstrate that in their country of origin where they are authorized to practice their profession, Costa Rican nationals can practice their profession under similar circumstances.
In order to join the Professional Association of Public Accountants, Pharmacists, Geologists, Agronomists (including Agricultural or Forestry Appraisers), Physicians and Surgeons, Veterinarians, Dental Surgeons, Journalists, Medical and Surgical Technicians and branches of the Medical Sciences, Computer and Computer Sciences, Nurses, and Official Translators and Interpreters, foreign professionals must hold a certain minimum number of years of immigration status in Costa Rica at the time of application for membership, Computer Science, Nurses, and Official Translators and Interpreters, foreign professionals must have the migratory status of residents in Costa Rica at the time of application for incorporation, as well as a certain minimum number of years of residence. The number of years varies from one professional association to another, but usually ranges from two (2) to five (5) years.
In order to join the Professional Association of Lawyers, Notaries, Engineers and Architects, Nurses, Chemists and Chemical Engineers and. Related Professionals, Biologists, Librarians, § Psychologists, Professionals in Political Sciences and International Relations, Physicists and Private Accountants, foreign professionals must have the migratory status of residents in Costa Rica at the time of the incorporation request.
Only Costa Rican professionals duly incorporated to the College of Agricultural Engineers may provide services to agricultural science consulting firms operating in Costa Rica, in order to comply with the legal requirement of fifty percent (50%) of the total professional consulting time.
Consulting or advisory work in the field of agricultural sciences carried out in Costa Rica under the auspices of foreign governments or international institutions, will be directed jointly by Costa Rican nationals incorporated in the College together with foreigners.
Foreign firms of Public Accountants may only advertise and practice in Costa Rica through Costa Rican professionals or firms.
Foreign professionals specialized in pharmacy and in political science and international relations may only be hired by public or private entities, when they are active members of the Professional Association and have been declared inopia of Costa Rican professionals.
Social service positions for physicians and surgeons, dental surgeons, microbiologists, pharmacists, nurses and nutritionists will be awarded by lottery. Applicants who are Costa Rican nationals will have priority over foreign applicants.
5. Sector: Overland Transportation Services - Road Freight Transportation
Subsector: -
Obligations Affected: National Treatment (Articles 12.2 and 13.3) Most-Favored-Nation Treatment (Articles 12.3 and 13.4) Market Access (Article 13.5) Senior Executives and Boards of Directors (Article 12.5)
Level of Government: Central
Measure: Executive Decree No. 31363 - Road Traffic Regulations based on Weight and Dimensions of Cargo Vehicles - Articles 69 and 71.
Executive Decree No. 15624 - 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 supply cargo transportation services between two points within the territory of Costa Rica. Such enterprise must meet the following requirements: (a) at least fifty-one percent (51%) of its capital must be owned by Costa Rican nationals; and (b) effective control and management of the enterprise must be in the hands of Costa Rican 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.
6. Sector: Tourist Guides
Subsector: -
Obligations Affected: National Treatment (Article 13.3)
Level of Government: Central
Measures: Executive Decree No. 31030 - Regulations for Tourist Guides - Article 11.
Description: Cross-Border Trade in Services:
Only Costa Rican nationals or residents may apply for tour guide licenses.
7. Sector: Tourism and Travel Agencies
Subsector: :