Obligations Affected: National Treatment (Articles 12.2 and Affected: 13.3) Performance Requirements (Article 12.6) Market Access (Article 13.5)
Level of Government: Central
Measures: Law No. 5339 - Law Regulating Travel Agencies - Article 8.
Law No. 6990 - Tourism Development Incentives Law - Articles 6 and 7.
Law No. 8724 - Promotion of Rural Community Tourism - Articles 1, 4 and 12.
Executive Decree No. 24863 - Regulation of the Law of Incentives for Tourism Development - Articles 18, 32, 33, 34, 35, 36 and 36 bis.
Executive Decree No. 25148 - Regulates Vehicle Leasing to Domestic and Foreign Tourists - Article 7.
Description: Investment and Cross-Border Trade in Services:
The number of travel agencies authorized to operate in Costa Rica will be subject to economic needs tests.
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 domestic raw materials and inputs, the creation of direct or indirect jobs, the effects on regional development, the modernization or diversification of the national tourism supply, increases in domestic and international tourism demand, and the benefits reflected in other sectors.
Community-based rural 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 law.
8. Sector: Auxiliaries of the Public Customs Function
Subsector: -
Obligations Affected: National Treatment (Article 13.3) Local Presence (Article 13.6)
Level of Government: Central
Measures: Law No. 7557 - General Customs Law - Articles 28, 29, 33, 35, 40, 41, 44, 46 and 49.
Executive Decree No. 25270 - Regulations to the General Customs Law - Articles 77, 78 and 113.
Description: Cross-Border Trade in Services:
Only natural persons or companies incorporated in Costa Rica may act as auxiliaries of the public customs function. Only Costa Rican nationals may act as customs agents.
9. Sector: Scientific, Research and Sports Services Services related to Agriculture, Forestry and Aquaculture
Subsector: -
Obligations Affected: National Treatment (Articles 12.2 and 13.3)
Level of Government: Central
Measures: 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: Investment and Cross-Border Trade in Services:
A license for scientific or cultural collecting will be issued for a maximum period of one (1) year to Costa Rican nationals or residents and six (6) months or less for all other foreigners. Costa Rican nationals and residents will pay a lower fee than non-resident aliens to obtain this license.
10. Sector: Free Trade Zones (2)
Subsector: :
Obligations Affected: Performance Requirements (Article 12.6)
Level of Government: Central
Measures: Law No. 7210 - Free Zone Regime Law - Article 22.
Executive Decree No. 34739 - Regulations to the Free Zone Regime Law - Article 71, Chapter 13.
Description: Investment
Companies under the free zone regime may introduce into the national customs territory up to twenty-five percent (25%) of their total sales. However, in the case of industries and service companies that export them, they may introduce into the national customs territory a maximum percentage of fifty percent (50%).
A non-producing export trading company, established in the free zone regime in Costa Rica, that merely handles, repackages or redistributes non-traditional merchandise and products for export or re-export, may not introduce into the national customs territory any percentage of its total sales.
11. Sector: Education Services
Subsector: -
Obligations Affected: National Treatment (Article 13.3)
Level of Government: Central
Measures: Executive Decree No. 36289 - Regulations to the Law that Regulates Higher Para-University Education Institutions - Article 14.
Description: Cross-Border Trade in Services:
The Dean of a public para-university institution must be a Costa Rican national.
12. Sector: News Agency Services
Subsector: -
Obligations Affected: National Treatment (Article 13.3) Local Presence (Article 13.6)
Level of Government: Central
Measures: Executive Decree No. 32599 - Regulations of the College of Journalists - Articles 3, 47 and 48.
Description: Cross-Border Trade in Services:
Unless 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 College of Journalists may grant non- resident foreigners a special permit 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 College of Journalists.
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 a non-resident foreigner with appropriate 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.
13. Sector: Tourist Marinas and Related Services (3)
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. 7744 - Law of Concession and Operation of Tourist Marinas - Articles 1, 12, and 21.
Executive Decree No. 27030 - Regulation to the Law of Concession and Operation of Tourist Marinas - Article 52.
Description: Investment and Cross-Border Trade in Services:
In order to obtain concessions for the development of marinas or tourist berths, companies whose principal place of business is abroad must be established 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 (2) 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.
14. Sector: Supply of Liquor for On-Site Consumption
Subsector: -
Obligations Affected: Market Access (Article 13.5)
Level of Government: Central
Measures: Law No. 10 - Liquor Sales Law - 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 (300) inhabitants;
(b) in all other cities with more than one thousand (1000) inhabitants, one establishment selling foreign liquors for every five hundred inhabitants and one establishment selling domestic liquors for every three hundred (300) inhabitants;
(c) cities with less than one thousand (1000) inhabitants, but with more than five hundred (500) inhabitants, may have two (2) establishments selling foreign liquors and two (2) establishments selling domestic liquors; and
(d) any other city having five hundred (500) 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 allowed outside the perimeter of cities or where there is no permanent police authority.
At public auction, no person may acquire authorization to have more than one establishment selling foreign liquors and one establishment selling domestic liquors in the same city.
15. Sector: Fishing and Fishing-Related Services (4)
Subsector:
Obligations Affected: National Treatment (Article 12.2) Performance Requirements (Article 12.6)
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, 62, 64, 65, 112 y 123.
Executive Decree No. 23943-MOPT-MAG of January 5, 1995 - Regulatory Regulation of the Procedure for Granting Fishing Licenses to Foreign Vessels that Wish to Engage in Fishing Activities in Costa Rican Jurisdictional Waters - Articles 6, 6 bis and 7.
Executive Decree No. 12737-A of June 23, 1981 - Exclusive Reservation of 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.
Regulations for the authorization of landings of fishery products from vessels belonging to the national or foreign commercial fishing fleet (INCOPESCA A.J.I.D./042 Agreement) - Articles 2 and 3.
The unloading of fishery products, coming from longline vessels of foreign flag shall be carried out at the Dock of the Multiservice Fishing Terminal of Barrio del Carmen as of December 01, 2010 (INCOPESCA Agreement A.J.D.I.P./371-2010) - Article 1.
Description: Investment
The State exercises complete and exclusive sovereignty over its territorial waters within a distance of twelve (12) miles from the low sea line along its coasts, on its continental shelf and on 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 (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 sixty (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 twelve (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 national flag and registration vessels. 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 according to criteria of supply and demand, consumer protection and the national fishery sector.
16. Sector: Retail and Wholesale Distribution - Crude Oil and Crude Oil Derivatives
Subsector: -
Obligations Affected: Market Access (Article 13.5)
Level of Government: Central
Measures: Law No. 7356 of August 24, 1993 - Law of the State Monopoly of Hydrocarbons Administered by Recope "Establishes a Monopoly in favor of the State for the Importation, Refining and Distribution of Petroleum, Fuels, Asphalts and Naphtha" - Articles 1, 2 and 3.
Law No. 7593 of August 9, 1996 - Public Services Regulatory Authority Law - Articles 5, 9 and 13.
Description: Cross-Border Trade in Services:
The import and wholesale distribution of crude oil and its derivatives, including fuels, asphalts and naphtha, to meet domestic demand, are a State monopoly.
Costa Rica reserves the right to limit the number of concessions or permits for the supply of hydrocarbon fuels - including petroleum derivatives, asphalts, gas and naphthas destined to supply the national demand in distribution plants and petroleum derivatives, asphalts, gas and naphthas destined to the final consumer - based on the demand for the service. Priority will be given to the concessionaires that are already supplying the service.
17. Sector: Land Transportation Services - Passenger 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)
Level of Government: Central
Measures: Executive Decree No. 26 of November 10, 1965 - Regulations for the International Transportation of Persons - 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 of May 10, 1965 - Law Regulating the Transportation of Persons for Compensation in Motor Vehicles - 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 of December 22, 1999 - 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 of February 12, 1976 - Regulations to the Law Regulating the Paid Transportation of Persons in Taxi Vehicles - Articles 1, 2, 5 and 14.
Executive Decree No. 28913-MOPT of September 13, 2000 - Regulation of the First Special Abbreviated Procedure for the Paid Transportation of Persons in Taxi Vehicles - Articles 1, 3 and 16.
Law No. 5066 of August 30, 1972 - General Railroad Law - Articles 1, 4, 5 and 41.
Executive Decree No. 28337-MOPT of December 16, 1999 - Regulation on Policies and Strategies for the Modernization of Paid Collective Transportation of Persons by Urban Buses for the Metropolitan Area of San José and Surrounding Areas that Directly or Indirectly Affect it - Article 1.
Executive Decree No. 15203-MOPT of February 22, 1984 -
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 - Regulations for the granting of operating permits for the regular paid transportation of persons in collective motor vehicles - Articles 3 and 5.
Law No. 7593 of August 9, 1996 - 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 Costa Rican offer will be preferred over the foreign offer, whether natural persons 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 sixty percent (60%) with 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 remunerated transportation of persons in motor vehicles, excluding cabs, may only be granted to one person, unless an economic needs test evidences the need for additional suppliers. Additionally, a natural person may not own more than two (2) companies nor may he/she be a majority shareholder in more than three (3) companies operating different routes.
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.
18. Sector: Water Transportation Services
Subsector: -
Obligations Affected: National Treatment (Articles 12.2 and 13.3) Market Access (Article 13.5) Local Presence (Article 13.6)