Level of Government: Central
Measures: Law No. 7593 of August 9, 1996 - Public Services Regulatory Authority Law - Articles 5, 9 and 13.
Law No. 104 of June 6, 1853 - Code of Commerce of 1853 - Book III Of Maritime Commerce - Articles 537 and 580.
Law No. 12 of October 22, 1941 - Ship Flagging Law - Articles 5 and 41.
Law No. 2220 of June 20, 1958 - Cabotage Service Law of the Republic - Articles 5, 8, 9, 11 and 12.
Executive Decree No. 66 of November 4, 1960 - Regulation of the Cabotage Services Law of the Republic - Articles 10, 12, 15 and 16.
Executive Decree No. 12568-T-S-H of April 30, 1981 - Regulations of the Costa Rican Naval Registry - Articles 8, 10, 11, 12 and 12. 13.
Executive Decree No. 23178-J-MOPT of April 18, 1994 - Transfer of the National Vessel Registry to the Public Registry of Movable Property - Article 5.
Description: Investment and Cross-Border Trade in Services:
Costa Rica reserves the right to limit the number of concessions for water transportation services based on the demand for such service. Priority will be given to concessionaires that are already providing the service.
Only Costa Rican nationals, national public entities, companies incorporated and domiciled in Costa Rica and representatives of Costa Rican shipping companies may register vessels in Costa Rica. Exceptions to this rule are foreigners or foreign companies wishing to register vessels under fifty (50) tons for non- commercial use.
Commercial and tourist cabotage from Costa Rican port to Costa Rican port shall be done exclusively in Costa Rican registered vessels.
Foreigners who wish to be captains of a Costa Rican registered and flagged vessel must provide a guarantee equivalent to at least half of the value of the vessel under their command.
At least ten percent (10%) of the crew on Costa Rican-registered international traffic vessels docking in Costa Rican ports shall be Costa Rican nationals, provided that such trained personnel are available domestically.
19. Sector: Maritime Services
Subsector: -
Obligations Affected: Market Access (Article 13.5)
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.
20. Sector: Services from Transportation by Via Airy Services Specialized Air Services
Subsector: -
Obligations Affected: National Treatment (Article 12.2) Most-Favored-Nation Treatment (Article 12.3)
Level of Government: Central
Measures: Law No. 5150 of May 14, 1973 - General Civil Aviation Law - Articles 36, 37, 42, 128, 143, 149, 150, 156 and 172.
Executive Decree No. 3326-T of October 25, 1973 - Regulations for the Granting of Operating Certificates - Article 6.
Executive Decree No. 4440-T of January 3, 1975 - Regulations for the Operation of the Costa Rican Aeronautical Registry - Articles 20 and 38.
Executive Decree No. 31520-MS-MAG-MINAE-MOPT-MGPSP of October 16, 2003 - Regulations for Agricultural Aviation Activities - Article 13.
Description: Investment:
Certificates for the supply of airworthiness services will be issued to foreign companies incorporated under foreign legislation, based on the principle of reciprocity.
Only Costa Rican individuals or legal entities may register in the National Aircraft Registry, aircraft used for remunerated aerial activities. Foreigners with legal residence in the country may also register aircraft used exclusively for non-commercial purposes.
In the absence of agreements or conventions, certificates for the provision of international air transportation will be issued on the basis of the principle of reciprocity.
At least fifty-one percent (51%) of the capital of companies wishing to obtain an operating certificate to develop agricultural aviation activities must be owned by Costa Ricans.
21. Sector: Telecommunications Services (5)
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: Political Constitution of the Republic of Costa Rica - Article 121, paragraph 14.
Law No. 8642 - General Telecommunications Law - Articles 1, 5, 7, 10, 11, 12, 19, 20, 21, 22, 23, 24, 25, 26, 28 and 30.
Executive Decree No. 34765 - Regulations to the General Telecommunications Law - Articles 2, 6, 7, 10, 21, 22, 33, 34, 34, 35, 37, 43, 45, 45 bis and 46.
Law No. 8660 - Law for the Strengthening and Modernization of the Public Entities of the Telecommunications Sector - Articles 5, 7, 18 and 39.
Law No.7789 - Law for the Transformation of Empresa de Servicios Publicos de Heredia ESPH - Articles 7 and 15.
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 exploited by the public administration or by private parties, in accordance with the law or by means of a special concession granted for a limited period of time and under the conditions and stipulations established by the Legislative Assembly.
Concessions, authorizations and permits will be required to supply telecommunications services in Costa Rica. Economic needs tests are required to grant such concessions, authorizations and permits.
A special concession granted by the Legislative Assembly will be required to provide traditional basic telephone services.
The participation in the capital of companies incorporated or acquired by the Costa Rican Institute of Electricity shall be limited to forty-nine percent (49%).
Empresa de Servicios Publicos de Heredia may establish strategic alliances with public or private persons, as long as the latter have at least fifty-one percent (51%) of Costa Rican capital.
22. Sector: Advertising, Audiovisual, Film, Radio, Television and Other Entertainment Services
Subsector: -
Obligations Affected: National Treatment (Articles 12.2 and 13.3) Most-Favored-Nation Treatment (Articles 12.3 and 13.4) Performance Requirements (Article 12.6) Market Access (Article 13.5) Local Presence (Article 13.6)
Level of Government: Central
Measures: Law No. 6220 - Law that Regulates the Exploitation of Broadcasting Media and Advertising Agencies - Articles 3 and 4.
Law No. 1758 - Radio and Television Law - Article 11.
Law No. 4325 - Law on Advertising of Nationally Produced Artistic Programs - Article 1.
Law No. 5812 - Law that Regulates Contracting and Taxation of Foreign Performing Artists - Article 3.
Executive Decree No. 34765 - Regulations to the General Telecommunications Law _ - Articles 5, 127, 128 and 131.
Description: Investment and Cross-Border Trade in Services
Broadcasting media and advertising agencies may be operated by individuals or legal entities, in the form of personal or capital companies with nominative shares. Such companies must be registered in the Public Registry.
It is absolutely forbidden to constitute encumbrances on the shares or quotas of a company owning any broadcasting media or advertising agency, in favor of corporations with bearer shares, or of foreign individuals or legal entities.
The spots, advertisements or filmed commercials used in programs sponsored by the autonomous or semi-autonomous institutions of the State, the Government of the Republic and all entities that receive a subsidy from the State, must be of national production.
Broadcasters of commercial spots for film, radio and television must register with the Radio Department of the Ministry of Environment, Energy and Telecommunications. Foreign announcers must be residents in order to register with the Radio Department. Broadcasting of commercials in which the announcer is not registered as stipulated in the Regulations to the General Telecommunications Law will not be authorized.
Commercials that have been produced and edited in the country are considered national. Commercials coming from the Central American area with which there is reciprocity in the matter are also considered national.
Radio, television and film programming shall be governed by the following rules:
(a) if the advertisements consist of jingles recorded abroad, a certain sum shall be paid for each one broadcast;
(b) of the filmed commercials shown by each television station or movie theater each day, only thirty percent (30%) may be of foreign origin;
(c) the importation of commercial shorts outside the Central American area shall pay a tax of one hundred percent (100%) of their value;
(d) Commercial radio, film or television shorts made in any of the other Central American countries with which there is reciprocity in this matter shall be considered as national;
(e) the number of radio programs and radio soap operas recorded abroad may not exceed fifty percent (50%) of the total number broadcast daily by each radio station; and
(f) the number of programs filmed or recorded on videotape abroad may not exceed sixty percent (60%) of the total number of daily programs shown.
The person who hires or employs foreign artists must hire an equal number of national artists for the same show, unless the respective majority union expresses the impossibility of supplying them.
Annex I . Schedule of Peru
1. Sector: All Sectors
Subsector: -
Obligations Affected: National Treatment (Article 12.2)
Level of government: Central
Measures: Political Constitution of Peru (1993), Article 71.
Legislative Decree No. 757, Official Gazette "El Peruano" of November 13, 1991, Framework Law for the Growth of Private Investment, Article 13.
Description: Investment:
No foreign national, company incorporated under foreign law or company incorporated under Peruvian law, wholly or partially, directly or indirectly, in the hands of foreign nationals, may acquire or own by any title, directly or indirectly, lands or waters (including mines, forests or energy sources) within fifty (50) kilometers of the borders of Peru. By Supreme Decree approved by the Council of Ministers, exceptions may be authorized in case of expressly declared public necessity.
For each case of acquisition or possession in the referred area, the investor must submit the corresponding request to the competent Ministry in accordance with the legal regulations in force. For example, this type of authorization has been granted in the mining sector.
2. Sector: Fishing Related Services
Subsector: -
Obligations Affected: National Treatment (Article 13.3)
Level of government: Central
Measures: Supreme Decree N° 012-2001-PE, Diario Oficial "El Peruano" of March 14, 2001, Regulation of the General Fisheries Law, articles 67, 68, 69 and 70.
Description: Cross-Border Trade in Services:
Owners of foreign-flagged fishing vessels operating in Peruvian jurisdictional waters must hire a minimum of thirty percent (30%) of Peruvian crew members, subject to the applicable national legislation.
3. Sector: Broadcasting Services
Subsector: -
Obligations Affected: National Treatment (Article 12.2) Local Presence (Article 13.6)
Level of government: Central
Measures: Law No. 28278, Official Gazette "El Peruano" of July 16, 2004, Radio and Television Law, Article 24.
Description: Investment and Cross-Border Trade in Services:
Only natural persons of Peruvian nationality, or legal entities incorporated under Peruvian law and domiciled in Peru, may be holders of broadcasting service licenses and authorizations.
The foreigner, neither directly nor through a sole proprietorship, may be the holder of an authorization or license.
4. Sector: Audiovisual Services
Subsector: -
Obligations Affected: Performance Requirements (Article 12.6) National Treatment (Article 13.3)
Level of government: Central
Measures: Law No. 28278, Official Gazette "El Peruano" of July 16, 2004, Radio and Television Law, Eighth Complementary and Final Provision.
Description: Investment and Cross-Border Trade in Services:
The owners of broadcasting services (open signal) must establish a minimum national production of thirty percent (30%) of their programming, between 5:00 a.m. and midnight, on a weekly average.
5. Sector: Broadcasting Services Subsector: : Obligations Affected: National Treatment (Articles 12.2 and 13.3) Most-Favored-Nation Treatment (Articles 12.3 and 13.4)
Level of government: Central
Measures: Supreme Decree No. 005-2005-MTC, Official Gazette "El Peruano" of February 15, 2005, Regulation of the Radio and Television Law, Article 20.
Description: Investment and Cross-Border Trade in Services:
If a foreigner is, directly or indirectly, a shareholder, partner or associate of a juridical person, such juridical person may not hold authorizations to provide the broadcasting service within the localities bordering the country of origin of such foreigner, except in the case of public necessity authorized by the Council of Ministers.
This restriction is not applicable to legal entities with foreign participation that have two (2) or more authorizations in force, as long as they deal with the same frequency band.
6. Sector: All Sectors
Subsector: -
Obligations Affected: Senior Executives and Boards of Directors (Article 12.5) National Treatment (Article 13.3)
Level of government: Central
Measures: Legislative Decree No. 689, Official Gazette "El Peruano" of November 5, 1991, Law for the Hiring of Foreign Workers, articles 1, 3, 4, 5 (as amended by Law No. 26196) and 6.
Description: Investment and Cross-Border Trade in Services:
Employers, whatever their activity or nationality, shall give preference to hiring national workers.
Foreign natural persons providing services and employed by companies providing services may render services in Peru through an employment contract that must be executed in writing and for a specific term, for a maximum period of three (3) years, which may be extended successively for equal periods, and must also include the commitment to train national personnel in the same occupation.
Foreign natural persons may not represent more than twenty percent (20%) of the total number of servers, employees and workers of a company, and their remunerations may not exceed thirty percent (30%) of the total payroll. These percentages shall not apply in the following cases:
(a) when the foreign service provider is the spouse, ascendant, descendant or sibling of a Peruvian;
(b) in the case of personnel of foreign companies engaged in international land, air or water transportation services with foreign flag and registration;
(c) in the case of foreign personnel working in multinational service companies or multinational banks, subject to legal regulations issued for specific cases;
(d) in the case of a foreign investor, provided that its investment has permanently a minimum amount of five (5) Unidades Impositivas Tributarias (Tax Units)(1) during the term of its contract;
(e) in the case of artists, sportsmen or those service providers who perform in public shows in Peruvian territory, up to a maximum of three (3) months per year;
(f) in the case of a foreigner with an immigrant visa;
(g) in the case of a foreigner with whose country of origin there is a labor reciprocity or dual nationality agreement; and
(h) in the case of foreign personnel who, by virtue of bilateral or multilateral agreements entered into by the Peruvian Government, render services in the country.
Employers may request exemptions from the limiting percentages related to the number of foreign workers and the percentage that their remunerations represent in the total amount of the company's payroll, when:
(a) professional or specialized technical personnel are involved;
(b) it concerns management and/or managerial personnel of a new business activity or business reconversion;
(c) teachers hired for higher education, or for basic or secondary education in foreign private schools, or language training in national private schools or in specialized language training centers;
(d) they are personnel of public or private sector companies under contract with public sector agencies, institutions or companies; and
(e) in any other case established by Supreme Decree following the criteria of specialization, qualification or experience.
7. Sector: Professional Services
Subsector: Legal Services
Obligations Affected: National Treatment (Articles 12.2 and 13.3)
Level of government: Central
Measures: Legislative Decree No. 1049, Official Gazette "El Peruano" of June 26, 2008, Legislative Decree on Notaries, Article 10.