Schedule
of Costa Rica
Sector:
Irrigation Services
Obligations
Concerned: Market Access
(Article 11.4)
Level
of Government: Central
Measures:
Law No. 7593 of 9 August
1996 – Ley de la Autoridad Reguladora
de
los Servicios Públicos –
Arts. 5, 9, and 13
Description: Cross-Border Services
Costa
Rica reserves the right to limit the number of concessions to
supply
irrigation services based on demand for those services.
Priority
will be given to concessionaires already supplying the
service.
.
ANNEX
I, Schedule of Costa Rica
I-CR-2
Sector:
Solid Waste Treatment
Services
Obligations
Concerned: Market Access
(Article 11.4)
Level
of Government: Central
Measures:
Law No. 7593 of 9 August
1996 – Ley de la Autoridad Reguladora
de
los Servicios Públicos –
Arts. 5, 9, and 13
Description: Cross-Border Services
Costa
Rica reserves the right to limit the number of concessions to
supply
solid waste treatment services based on demand for those
services. Priority will be given to
concessionaires already
supplying
the service.
ANNEX
I, Schedule of Costa Rica
I-CR-3
Sector:
Maritime and Specialty
Air Services
Obligations
Concerned: Market Access
(Article 11.4)
Level
of Government: Central
Measures:
Law No. 7593 of 9 August
1996 – Ley de la Autoridad Reguladora
de
los Servicios Públicos –
Arts. 5, 9, and 13
Description: Cross-Border Services
Costa
Rica reserves the right to limit the number of concessions to
supply
maritime and specialty air services in national ports based
on
demand for those services.
Priority will be given to
concessionaires
already supplying the service.
ANNEX
I, Schedule of Costa Rica
I-CR-4
Sector:
Professional Services
Obligations
Concerned: National
Treatment (Article 11.2)
Most-Favored-Nation Treatment (Article 11.3)
Local Presence (Article 11.5)
Level
of Government: Central
Measures: Law No. 7221 of 6 April 1991 – Ley
Orgánica del Colegio de
Ingenieros
Agrónomos – Arts. 5, 6,
8, 10, 15, 16, 18, 19, 20, 23,
24,
and 25
Executive
Decree No. 22688-MAG-MIRENEM of 22 November
1993
– Reglamento General de la Ley Orgánica del Colegio de
Ingenieros
Agrónomos de Costa Rica
– Arts. 6, 7, and 9
Executive
Decree No. 29410 of 2 March 2001 – Reglamento del
Registro
de Peritos-Tasadores del Colegio de Ingenieros
Agrónomos – Arts. 6, 20, and 22
Law
No. 5230 of 2 July 1973 – Ley Orgánica del Colegio de
Geólogos
de Costa Rica – Arts. 3,
and 9
Executive
Decree No. 6419-MEIC of 18 October 1976 –
Reglamento
del Colegio de Geólogos de Costa Rica
– Arts. 4, 5,
and
37
Law
No. 5142 of 30 November 1972 – Ley Orgánica del Colegio
de
Farmacéuticos de Costa Rica –
Arts. 2, 9, and 10
Executive
Decree No. 3503-S of 6 February 1974 – Reglamento
General
Orgánico o Reglamento Interno del Colegio de
Farmacéuticos
de Costa Rica – Art. 2
and 6
Law
No. 5784 of 19 August 1975 – Ley Orgánica del Colegio de
Cirujanos
Dentistas de Costa Rica
– Arts. 2, 6, 9, 10, 14, and 15
Law
No. 4925 of 17 December 1971 – Reforma Integral a la Ley
Orgánica
del Colegio Federado de Ingenieros y Arquitectos –
Arts.
5, 9, 11, 13, 14, and 52
Executive
Decree No. 3414-T of 3 December 1973 – Reglamento
Interior
General del Colegio Federado de Ingenieros y Arquitectos
de
Costa Rica –Arts. 1, 3,
7, 9, and 54
ANNEX
I, Schedule of Costa Rica
I-CR-5
Reglamento
Especial de Incorporación al Colegio Federado de
Ingenieros
y Arquitectos de Costa Rica,
approved in Session 4-82-
A.E.R.,
6 December 1982 – Arts. 7 and 8
Reglamento
Especial para Determinar Inopia de Profesionales
para
los Efectos de Miembro Temporal o Incorporación de
Extranjeros
al Colegio Federado de Ingenieros y de Arquitectos de
Costa
Rica, approved in
Session 45-82-GE of December 1982 –
Arts.
1, 2, 3, 4, 5, 6, 7, and 8
Law
No. 1038 of 19 August 1947 – Ley de Creación del Colegio
de
Contadores Públicos –
Arts. 3, 4, 12, and 15
Law
No. 3455 of 14 November 1964 – Ley Orgánica del Colegio
de
Médicos Veterinarios –
Arts. 2, 4, 5, 7, and 27
Executive
Decree No. 19184-MAG of 10 July 1989 – Reglamento
a
la Ley Orgánica del Colegio de Médicos Veterinarios – Arts. 6,
7,
10, 11, 19, and 24
Law
No. 2343 of 4 May 1959 – Ley Orgánica del Colegio de
Enfermeras
de Costa Rica – Arts. 2,
22, 23, 24, and 28
Executive
Decree No. 11 of 10 August 1961 – Reglamento de la
Ley
Número 2343 del 4 de mayo de 1959 que Crea el Colegio de
Enfermeras
de Costa Rica – Arts. 9, 10, 53, 54, and 67
Law
No. 7764 of 17 April 1998 – Código Notarial – Arts. 3 and 10
Law
No. 1269 of 2 March 1951 – Ley Orgánica del Colegio de
Contadores
Privados de Costa Rica–
Arts. 2 and 4
Law
No. 6038 of 13 January 1977 – Ley Orgánica del Colegio de
Químicos
e Ingenieros Químicos de Costa Rica
– Arts. 5, 10, 14,
15,
16, 17, 18, 19, 20, and 71
Executive
Decree No. 11275-P of 27 February 1980 – Reglamento
a
la Ley Orgánica de Químicos e Ingenieros Químicos de Costa
Rica
– Arts. 1, 2, 3, 8, 9,
and 83
Law
No. 3019 of 9 August 1962 – Ley Orgánica del Colegio de
Médicos
y Cirujanos – Arts. 4,
5, and 7
Executive
Decree No. 23110-S of 22 March 1991 – Reglamento a
la
Ley Orgánica del Colegio de Médicos y Cirujanos – Art. 10
ANNEX
I, Schedule of Costa Rica
I-CR-6
Executive
Decree No. 2613-SPSS of 3 November 1972 –
Reglamento
General para Autorizar el Ejercicio a Profesionales
de
Ramas Dependientes de las Ciencias Médicas y a Técnicos en
Materias
Médico Quirúrgicas –
Arts. 1 and 4
Law
No. 3838 of 19 December 1966 – Ley Orgánica del Colegio
de
Optometristas de Costa Rica –
Arts. 6 and 7
Law
No. 4420 of 18 September 1969 – Ley Orgánica del Colegio
de
Periodistas de Costa Rica –
Arts. 2, 24, 25, and 27
Executive
Decree No. 14931 of 20 October 1983 – Reforma al
Reglamento
de la Ley Orgánica del Colegio de Periodistas de
Costa
Rica – Arts. 5, 6, and
26
Law
No. 7106 of 4 November 1988 – Ley Orgánica del Colegio de
Profesionales
en Ciencias Políticas –
Arts.6, 26, and 29
Executive
Decree No. 19026-P of 31 May 1989 – Reglamento a la
Ley
Orgánica del Colegio de Profesionales en Ciencias Políticas y
de
Relaciones Internacionales
– Arts. 1, 10, 12, 19, 21, and 22
Law
No. 8356 of 12 June 2002 – Reforma Ley Orgánica del
Colegio
de Profesionales en Ciencias Políticas – Art. 1
Law
No. 4288 of 12 December 1968 – Ley Orgánica del Colegio
de
Biólogos – Arts. 6 and
7
Executive
Decree No. 39 of 6 March 1970 – Reglamento de la Ley
Orgánica
del Colegio de Biólogos de Costa Rica
– Arts.10, 11, 16,
17,
18, and 19
Reglamento
a la Ley Orgánica al Colegio de Bibliotecarios de
Costa
Rica, approved in the
ordinary General Assembly of 2
October
1991 – Arts. 12 and 17
Law
No. 7537 of 22 August 1995 – Ley Orgánica del Colegio de
Profesionales
en Informática y Computación
– Arts. 6 and 8
Law
No. 8142 of 17 October 2001 – Ley de Traducciones e
Interpretaciones
Oficiales – Art. 6
Executive
Decree No. 30167-RE of 25 January 2002 – Reglamento
a
la Ley de Traducciones e Interpretaciones Oficiales – Art. 10
ANNEX
I, Schedule of Costa Rica
I-CR-7
Law
No. 7105 of 31 October 1988 – Ley Orgánica del Colegio de
Licenciados
en Ciencias Económicas de Costa Rica
– Arts. 4, 6,
15,
19, and 20
Executive
Decree No. 20014-MEIC of 19 September 1990 –
Reglamento
General de Profesionales en Ciencias Económicas de
Costa
Rica – Arts. 10, 14, and
17
Law
No. 7503 of 3 May 1995 – Ley Orgánica del Colegio de
Físicos – Arts. 6 and 10
Executive
Decree No. 28035-MINAE-MICIT of 14 April 1999 –
Reglamento
a la Ley Orgánica del Colegio de Físicos – Arts. 6, 7,
10,
11, 18, and 21
Law
No. 6144 of 28 November 1977 – Ley Orgánica del Colegio
Profesional
de Psicólogos de Costa Rica
– Arts. 4, 5, and 6
Reglamento
General del Colegio Profesional de Psicólogos de
Costa
Rica, approved in
Session No. 3 of the Ordinary General
Assembly
of 09 March 1979 – Arts. 9, 10, and 11
Executive
Decree No. 28595-S of 23 March 2000 – Reglamento de
la
Ley Orgánica del Colegio de Profesionales en Quiropráctica –
Art.
15
Description:
Cross-Border Services
and Investment
To
join the Professional Associations of Public Accountants,
Pharmacists,
Geologists, Physicians and Surgeons, Veterinarians,
Lawyers
(i.e., Notaries), Dental Surgeons, Optometrists,
Journalists,
Nurses, Medical and Surgical Technicians and Medical
Sciences
Branches, all foreign professionals must prove that, in
their
home jurisdiction where they are allowed to practice, Costa
Rican
nationals can exercise their profession under like
circumstances.
To
join the Professional Associations of Public Accountants,
Pharmacists,
Geologists, Agronomical Engineers (Forestry or
Agriculture/Livestock
Appraisers-Surveyors), Physicians and
Surgeons,
Veterinarians, Dental Surgeons, Journalists, Medical and
Surgical
Technicians and Medical Sciences Branches, Computer
and
Information Technology, Nurses and Official Translators and
Interpreters,
foreign professionals must have the migratory status
of
residents in Costa Rica at the time of applying for membership,
as
well as have a certain minimum number of years of residence.
ANNEX
I, Schedule of Costa Rica
I-CR-8
The
number of years varies from one Professional Association to
another,
but usually ranges between two to five years.
To
join the Professional Associations of Lawyers (i.e., Notaries),
Chemists
and Chemical Engineers, Political Scientists and
International
Relations Specialists and Physicists, foreign
professionals
must have the migratory status of residents in Costa
Rica
at the time of applying for membership.
Only
Costa Rican professionals duly registered in the Colegio de
Ingenieros
Agrónomos can supply
their services for consulting
enterprises
in agronomical sciences operating in Costa Rica to
comply
with the 50 percent legal requirement of total professional
consulting
advisory time.
Consulting
or advisory work in the field of agronomical sciences
carried
out in Costa Rica under the auspices of foreign
governments
or international institutions shall be jointly conducted
by
Costa Rican nationals registered in the Colegio, along with
foreign
nationals.
Foreign
professionals in political sciences and international
relations
specialists may only be hired by public or private entities
when
they are active members of the Professional Association and
insufficiency
of Costa Rican professionals has been declared.
For
greater certainty, subject to the conditions and terms included
in
the applicable legislation, the following professional
associations
may provide temporary licenses to allow temporary
professional
practice in Costa Rica:
Biologists, Economists and
Social
Scientists, Political Scientists and International Relations
Specialists,
Dental Surgeons, Pharmacists, Physicists, Computer
and
Information Technology Professionals, Agronomical
Engineers,
Architects and Engineers, Physicians and Surgeons,
Veterinarians,
Journalists, Psychologists, Chemists and Chemical
Engineers
and Chiropractors.
For
greater certainty, none of the measures listed in this Annex
entry
restricts enterprises in Costa Rica from otherwise employing
foreign
professionals in accordance with Costa Rican law in order
to
carry out contracts.
ANNEX
I, Schedule of Costa Rica
I-CR-9
Sector:
Maritime-Land Zone
Obligations
Concerned: National
Treatment (Articles 10.3 and 11.2)
Local Presence (Article 11.5)
Market Access (Article 11.4)
Level
of Government: Central
Measures:
Law No. 6043 of 2 March
1977 – Ley sobre la Zona Marítimo
Terrestre – Arts. 9, 10, 11, and 12, and Chapters
3 and 6
Description:
Cross-Border Services
and Investment
A
concession is required to perform any type of development or
activity
in the maritime-terrestrial zone.1
Such a concession shall
not
be granted to or held by: (a)
foreign nationals that have not
resided
in the country for at least five years; (b) enterprises with
bearer
shares; (c) enterprises domiciled abroad; (d) enterprises
incorporated
in the country solely by foreign nationals; or (e)
enterprises
where more than 50 percent of the capital shares or
stocks
are owned by foreigners.
Within
the maritime-terrestrial zone, no concession may be granted
within
the first 50 meters counted from the high tide line nor in the
area
comprised between the high tide line and the low tide line.
1
The
maritime-terrestrial zone is the 200-meter strip located along the entire
length of the Atlantic and Pacific coast
lines of Costa Rica, measured horizontally from
the ordinary high tide line. The
maritime-terrestrial zone also
covers all islands located within the Costa
Rican territorial waters.
ANNEX
I, Schedule of Costa Rica
I-CR-10
Sector:
Land Transportation
Services – Transportation of Passengers
Obligations
Concerned: 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:
Executive Decree No. 26
of 10 November 1965 – Reglamento del
Transporte
Internacional de Personas
– Arts. 1, 3, 4, 5, 9, 15, and
16
as amended by Executive Decree No. 20785-MOPT of 4
October
1991 – Art. 1
Law
No. 3503 of 10 May 1965 – Ley Reguladora del Transporte
Remunerado
de Personas en Vehículos Automotores
– Arts. 1, 3, 4,
6,
10, 11, and 25
Executive
Decree No. 31180-MOPT of 24 April 2003 – Regula el
Servicio
Público de Transporte Remunerado de Personas en
Modalidad
de Taxi – Art. 1
Law
No. 7969 of 22 December 1999 – Ley Reguladora del
Servicio
Público de Transporte Remunerado de Personas en
Vehículos
en la Modalidad de Taxis
– Arts. 1, 2, 3, 29, 30, and 33
Executive
Decree No. 5743-T of 12 February 1976 – Reglamento a
la
Ley Reguladora del Transporte Remunerado de Personas en
Vehículos
Taxis – Arts. 1, 2, 5,
and 14
Executive
Decree No. 28913-MOPT of 13 September 2000 –
Reglamento
del Primer Procedimiento Especial Abreviado para el
Transporte
Remunerado de Personas en Vehículos en la
Modalidad
de Taxi – Arts. 1, 3,
and 16
Law
No. 5066 of 30 August 1972 – Ley General de Ferrocarriles
–
Arts. 1, 4, 5, and 41
Executive
Decree No. 28337-MOPT of 16 December 1999 –
Reglamento
sobre Políticas y Estrategias para la Modernización
del
Transporte Colectivo Remunerado de Personas por Autobuses
Urbanos
para el Área Metropolitana de San José y Zonas
Aledañas
que la Afecta Directa o Indirectamente
– Art. 1
ANNEX
I, Schedule of Costa Rica
I-CR-11
Executive
Decree No 15203-MOPT of 22 February 1984
Reglamento
para la Explotación de Servicios Especiales de
Transporte
Automotor Remunerado de Personas – Arts.
2, 3, 4,
and
5
Law
No. 7593 of 9 August 1996 – Ley de la Autoridad Reguladora
de
los Servicios Públicos –
Arts. 5, 9, 10, and 13
Description:
Cross-Border Services
and Investment
Costa
Rica reserves the right to limit the number of concessions to
operate
domestic remunerated passenger transportation routes in
automotive
vehicles (including special passenger transportation
services
as defined in Articles 2 and 3 of Executive Decree No.
15203-MOPT
of 22 February 1984 – Reglamento para la
Explotación
de Servicios Especiales de Transporte Automotor
Remunerado
de Personas). Such concessions shall be awarded
through
bidding, which shall only be opened if the Ministerio de
Obras
Públicas y Transportes
has previously determined the need
to
supply the service according to the proper technical studies.
Where
there are multiple bids, including one by a Costa Rican
supplier,
that satisfy the requirements to the same extent, the Costa
Rican
bid shall be preferred over the foreign bid, whether by
natural
persons or enterprises.
A
permit to operate an international remunerated passenger
transportation
service shall be granted only to enterprises
organized
under Costa Rican law or those that are at least 60
percent
owned by Central American nationals.
In
addition to the restriction set out above, when granting permits
to
supply international services for remunerated passenger
transportation,
the principle of reciprocity shall apply.
A
permit is required in order to supply international remunerated
passenger
land transportation services. New
concessions may be
granted
if justified by demand for the service.
Priority will be
given
to concessionaires already supplying the service.
Costa
Rica reserves the right to limit the number of permits or
concessions
to supply domestic remunerated passenger land
transportation
services based on demand for the service.
Priority
will
be given to concessionaires already supplying the service.
ANNEX
I, Schedule of Costa Rica
I-CR-12
The
Ministerio de Obras Públicas y Transportes reserves the right
to
set annual limits on the number of concessions for taxi cab
services
to be granted in each district, county (cantón), and
province. Only one taxi cab concession may be
granted to each
natural
person, and each concession grants the right to operate only
one
vehicle. Bids for taxi concesions
are awarded based on a point
system
that gives an advantage to existing suppliers.
Each
concession to supply regular public remunerated passenger
transportation
services in automotive vehicles, excluding taxi cabs,
may
be granted only to one person, unless an economic needs test
evidences
the need to have additional suppliers.
In addition, one
natural
person may not own more than two enterprises nor be a
majority
shareholder in more than three enterprises operating
different
routes.
Permission
to supply non-tour bus passenger transportation
services
in the greater metropolitan area of the Central Valley of
Costa
Rica shall only be granted once it has been demonstrated
that
regular public bus services cannot satisfy the demand.
Costa Rica reserves the right to
maintain a monopoly over the
supply
of railroad transportation.
However the State can grant
concessions
to private persons. Concessions
may be granted if
justified
by demand for the service.
Priority will be given to
concessionaires
already supplying the service.
ANNEX
I, Schedule of Costa Rica
I-CR-13
Sector:
Land Transportation
Services – Freight Transportation
Obligations
Concerned: National
Treatment (Articles 10.3 and 11.2)
Most-Favored-Nation Treatment (Articles
10.4 and 11.3)
Senior Management and Boards of
Directors (Article 10.10)
Market Access (Article 11.4)
Level
of Government: Central
Measures:
Executive Decree No.
31363 of 02 June 2003 – Reglamento de
Circulación
por Carretera con base en el Peso y las Dimensiones
de
los Vehículos de Carga –
Art. 69
Executive
Decree No. 15624-MOPT of 28 August 1984 –
Reglamento
del Transporte Automotor de Carga Local – Arts. 8, 9,
10,
and 12
Law
No. 7593 of 9 August 1996 – Ley de la Autoridad Reguladora
de
los Servicios Públicos –
Arts. 5, 9, and 13
Description:
Cross-Border Services
and Investment
Only
Costa Rican nationals or enterprises may supply motorized
transportation
services between two points within the territory of
Costa
Rica. Such an enterprise must meet
the following
requirements: (a) at least 51 percent of its capital
must be owned
by
Costa Rican nationals; and (b) Costa Rican nationals must have
effective
control and management of the enterprise.
No
motor vehicle, trailer, or tractor-trailer with foreign license
plates
may transport goods within the territory of Costa Rica. This
prohibition
does not apply to vehicles, trailers, or tractor-trailers
registered
in one of the Central American countries.
Foreign
enterprises involved in international multi-modal freight
transportation
must contract enterprises organized under the laws
of
Costa Rica to transport containers and tractor-trailers within
Costa
Rica.
Costa Rica reserves the right to grant
concessions to supply
railroad
freight transportation services based on demand for the
service. Priority will be given to concessionaires
already
supplying
the service.
ANNEX
I, Schedule of Costa Rica
I-CR-14
Sector:
Water Transportation
Services
Obligations
Concerned: National
Treatment (Articles 10.3 and 11.2)
Market Access (Article 11.4)
Local Presence (Article 11.5)
Level
of Government: Central
Measures:
Law No. 7593 of 9 August
1996 – Ley de la Autoridad Reguladora
de
los Servicios Públicos –
Arts. 5, 9, and 13
Law No. 104 of 06 June 1853 – Código de Comercio de 1853-
Libro
III Del Comercio Marítimo – Arts. 537 and 580
Law
No. 12 of 22 October 1941 – Ley de Abanderamiento de
Barcos – Arts. 41 and 43
Law
No. 2220 of 20 June 1958 – Ley de Servicio de Cabotaje de la
República – Arts. 5, 7, 8, 9, 11, and 12
Executive
Decree No. 66 of 4 November 1960 – Reglamento de la
Ley
de Servicios de Cabotaje de la República – Arts. 10, 11, 12,
15,
and 16
Executive
Decree No. 12568-T-S-H of 30 April 1981 –
Reglamento
del Registro Naval Costarricense
– Arts. 8, 10, 11, 12,
and
13
Executive
Decree No. 23178-J-MOPT of 18 April 1994 – Traslada
Registro
Nacional Buques al Registro Público Propiedad Mueble –
Art.
5
Description: Cross-Border Services and Investment
Costa
Rica reserves the right to limit the number of concessions to
water
transportation services based on demand for those services.
Priority
will be given to concessionaires already supplying the
service.
A
concession to supply cabotage services shall only be granted to
Costa
Rican nationals or enterprises organized under Costa Rican
law
of which at least 60 percent of the shares are owned by Costa
Rican
nationals.
ANNEX
I, Schedule of Costa Rica
I-CR-15
Only
Costa Rican nationals, national public entities, enterprises
constituted
and domiciled in Costa Rica, and shipping company
representatives
can register vessels in Costa Rica.
This rule may
not
apply to foreign nationals or foreign enterprises registering
vessels
smaller than 50 tons for non-commercial use only.
All
natural persons or enterprises established abroad that own one
or
more foreign registered vessels located in Costa Rica shall
appoint
and maintain an agent or legal representative in Costa Rica
to
act as liaison with the official authorities in all vessel-related
matters.
Trade
and tourist cabotage activities between Costa Rican ports
must
be conducted by vessels registered in Costa Rica.
Foreign
nationals who wish to act as captain of a vessel with Costa
Rican
registry and flag must post a bond equivalent to at least half
of
the value of the vessel under his/her command.
At least ten percent of the crew on
Costa Rican registered vessels
used
for international traffic that call on Costa Rican ports shall be
Costa
Rican nationals, provided that such trained personnel are
available
domestically.
ANNEX
I, Schedule of Costa Rica
I-CR-16
Sector:
Specialty Air Services
Obligations
Concerned: National
Treatment (Article 11.2)
Most-Favored-Nation Treatment (Article 11.3)
Local Presence (Article 11.5)
Level
of Government: Central
Measures:
Law No. 5150 of 14 May
1973 – Ley General de Aviación Civil –
Arts.
143, 156, paragraphs 3 and 4, and 179
Executive
Decree No. 3326-T of 25 October 1973 – Reglamento
para
el Otorgamiento de Certificados de Explotación – Arts. 5 and
6
Executive
Decree No. 4440-T of 3 January 1975 – Reglamento
para
la Operación del Registro Aeronáutico Costarricense – Art.
20
and 38
Executive
Decree No. 4637- T of 18 February 1975 – Reglamento
de
Licencias para Personal Técnico Aeronáutico – Art. 23
Executive
Decree No. 31520-MS-MAG-MINAE-MOPT-MGPSP
of
16 October 2003 – Reglamento
para las Actividades de
Aviación
Agrícola – Arts. 10, 11,
13, 24, and 41
Executive
Decree No. 28262-MOPT of 1 November 1999 –
Reglamento
de Certificados de Operador Aéreo (COA),
Certificados
Operativos y Autorizaciones de Operación (RAC 119)
–
Sections 119.33 and 119.47
Description: Cross-Border Services
Costa
Rican enterprises interested in obtaining a provider
certificate
for any aeronautical service, including specialty air
services,
must demonstrate that effective control and management
of
the enterprise, and at least 51 percent of the capital, are in the
hands
of Costa Rican nationals.
Certificates
for the supply of any aeronautical service shall be
issued
to enterprises constituted under foreign law, based on the
principle
of reciprocity.
ANNEX
I, Schedule of Costa Rica
I-CR-17
Every
holder of a provider certificate must maintain an operation
and
maintenance base in Costa Rica.
ANNEX
I, Schedule of Costa Rica
I-CR-18
Sector:
Air Transportation
Services
Obligations
Concerned: National
Treatment (Article 10.3)
Most-Favored-Nation Treatment (Article
10.4)
Senior Management and Boards of
Directors (Article 10.10)
Level
of Government: Central
Measures:
Law No. 5150 of 14 May
1973 – Ley General de Aviación Civil –
Arts.
36, 37, 42, 149, 156, and 179
Executive
Decree No. 3326-T of 25 October 1973
– Reglamento
para
el Otorgamiento de Certificados de Explotación – Arts. 5 and
6
Executive
Decree No. 4440-T of 3 January 1975 – Reglamento
para
la Operación del Registro Aeronáutico Costarricense – Arts.
20
and 38
Executive
Decree No. 4637-T of 18 February 1975 – Reglamento
de
Licencias para Personal Técnico Aeronáutico – Art. 23
Description: Investment
Only
Costa Rican nationals or enterprises may supply domestic air
transport
services, whether regular or non-regular.
In
order to supply these services, the Costa Rican enterprise must
meet
the following requirements: (a) at least 51 percent 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 nationals
cannot be members of
the
Board of Directors of such enterprises.
Only
Costa Rican nationals or enterprises may register aircraft in
the
Registro Aeronáutico Costarricense to
be used for remunerated
airborne
activities.
Foreign
nationals that legally reside in the country may also
register
aircraft used exclusively for non-commercial purposes.
In
the absence of agreements or conventions, certificates for the
supply
of international air transportation shall be issued based on
the
principle of reciprocity.
ANNEX
I, Schedule of Costa Rica
I-CR-19
Sector: Tourist Guides
Obligations
Concerned: National
Treatment (Article 11.2)
Level
of Government: Central
Measures: Executive Decree No. 31030-MEIC-TUR of
17 January 2003 –
Reglamento
de los Guías de Turismo –
Art. 11
Description:
Cross-Border
Services
Only
Costa Rican nationals may apply for tour guide licenses.
ANNEX
I, Schedule of Costa Rica
I-CR-20
Sector: Travel Agencies and Tourism
Obligations
Concerned: Market Access
(Article 11.4)
Level
of Government: Central
Measures: Law No. 5339 of 24 August 1973 – Ley
Reguladora de las
Agencias
de Viajes – Art. 8
Executive
Decree No. 24863-H-TUR of 5 December 1995 –
Reglamento
de la Ley de Incentivos para el Desarrollo Turístico –
Art.
16
Description:
Cross-Border Services
Costa
Rica reserves the right to limit the number of travel agencies
authorized
to operate in Costa Rica based on demand for that
service.
ANNEX
I, Schedule of Costa Rica
I-CR-21
Sector: Transportation Services – Custom Brokers
- Assistant Custom
Brokers
– Custom Transportation Agents
Obligations
Concerned: National Treatment
(Article 11.2)
Local Presence (Article 11.5)
Level
of Government: Central
Measures:
Law No. 7557 of 20 October 1995 – Ley
General de Aduanas y sus
reformas – Arts. 28, 29, 33, 35, 40, 41, 44, 46,
and 49
Executive
Decree No. 25270-H of 14 June 1996 – Reglamento a la
Ley
General de Aduanas –
Arts. 77, 78, and 113
Description:
Cross-Border Services
Only
persons or enterprises that have a legal representative and
corporate
headquarters in Costa Rica may act as a customs
transportation
agent, international freight agent, customs
depositary,
or other public function customs auxiliary.
Only
Costa Rican nationals may act as customs brokers.
ANNEX
I, Schedule of Costa Rica
I-CR-22
Sector:
Telecommunications
Related Services – Radio and Television
Obligations
Concerned: National
Treatment (Articles 10.3 and 11.2)
Most-Favored-Nation Treatment (Articles
10.4 and 11.3)
Senior Management and Boards of Directors
(Article 10.10)
Market Access (Article 11.4)
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 7
Executive Decree No. 21 of 29 September
1958 – Reglamento
para
la Operación de Radiodifusoras de Televisión – Art. 4
Executive
Decree No. 63 of 11 December 1956 – Reglamento de
Estaciones
Inalámbricas – Arts. 7,
13, 15, and 30
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.
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.
Only
a Costa Rican national or enterprise that has nominal capital
stock
and is owned by Costa Rican nationals may obtain a license
for
Ultra High Frequency (UHF) radio broadcasting services.
Only
a Costa Rican national or enterprise with at least 65 percent
of
its capital owned by Costa Rican nationals may obtain a license
ANNEX
I, Schedule of Costa Rica
I-CR-23
or
be awarded a free over the air broadcast television channel for
signals
that originate in Costa Rica.
Only
a Costa Rican national or enterprise with at least 65 percent
of
its capital owned by Costa Rican nationals may obtain a license
to
operate radio; ham radio; radio-television; and maritime,
aeronautical,
meteorological, and private broadcasting stations.
Directors
and administrators of enterprises supplying radio and
television
services must be Costa Rican by birth or must have been
naturalized
Costa Ricans for at least ten years.
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.
ANNEX
I, Schedule of Costa Rica
I-CR-24
Sector: Wholesale and Retail Distribution –
Crude Oil and Its Derivatives
Obligations
Concerned: Market Access
(Article 11.4)
Level
of Government: Central
Measures: Law No. 7356 of 24 August 1993 – Ley del
Monopolio Estatal de
Hidrocarburos
Administrado por Recope “Establece Monopolio a
favor
del Estado para la Importación, Refinación y Distribución de
Petróleo,
Combustibles, Asfaltos y Naftas”
– Art.1
Law
No. 7593 of 9 August 1996 – Ley de la Autoridad Reguladora
de
los Servicios Públicos –
Arts. 5, 9, and 13
Description:
Cross-Border
Services
Wholesale
distribution of crude oil and its derivatives – including
fuel,
asphalt, and naphtha – is subject to a State monopoly.
Costa
Rica reserves the right to limit the number of concessions for
retail
distributors of crude oil and its derivates – including fuel,
asphalt,
and naphtha – based on demand for the service. Priority
will
be given to concessionaires already supplying the service.
ANNEX
I, Schedule of Costa Rica
I-CR-25
Sector: Services Incidental to Mining –
Hydrocarbon Exploration
Obligations
Concerned: Local
Presence (Article 11.5)
Level
of Government: Central
Measures: Constitución Política de la República
de Costa Rica – Art. 121
Law
No. 7399 of 3 May 1994 – Ley de Hidrocarburos – Arts. 1
and
22
Executive
Decree No. 24735-MIRENEM of 29
September 1995 –
Reglamento
a la Ley de Hidrocarburos –
Art. 17
Executive
Decree No. 28148-MINAE of 30 August 1999 –
Reglamento
de Cesión de Derechos y Obligaciones de Contratos
de
Exploración y Explotación de Hidrocarburos – Art. 3
Description:
Cross-Border
Services
If
the recipient of a concession for hydrocarbon exploration and
other
services incidental to the mining of hydrocarbons that is
organized
under the law of a foreign country, it must have a branch
office
and legal representative in Costa Rica.
ANNEX
I, Schedule of Costa Rica
I-CR-26
Sector:
Mining and Services
Incidental to Mining – Ores Other than
Hydrocarbons
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:
Constitución Política
de la República de Costa Rica
– Art. 121,
paragraph
14
Law
No. 6797 of 4 October 1982 – Código de Minería – Arts. 1, 4,
6,
7, 9, 11, 66, 67, 69, 70, 71, and 74
Description:
Cross-Border Services
and Investment
Exploration
and other services incidental to the mining of any
radioactive
minerals in Costa Rica may be supplied only by the
State
or by private parties under a concession, in accordance with
the
Constitution.
Concessions
for mining or exploration of ores other than
hydrocarbons
may not be granted to foreign governments or their
representatives. Concessionaires that are enterprises
organized
under
foreign law or natural persons not resident in Costa Rica
must
appoint a legal representative with full powers of attorney to
acquire
rights and enter into obligations on behalf of the
represented
natural persons or enterprise, and must also maintain
an
office in Costa Rica.
Banks
of the Costa Rican Banking System shall not grant funds in
an
amount greater than ten percent of the total investment to
enterprises
with more than 50 percent foreign ownership.
Only
individuals can constitute mining cooperatives, and 75
percent
of the members must be Costa Rican nationals.
ANNEX
I, Schedule of Costa Rica
I-CR-27
Sector:
Scientific and Research
Services
Obligations
Concerned: Local
Presence (Article 11.5)
Level
of Government: Central
Measures: Law No. 7788 of 30 April 1998 – Ley
de Biodiversidad – Art.
63
Description:
Cross-Border
Services
Foreign
nationals or enterprises domiciled abroad that supply
scientific
research and bioprospecting2
services with regard to
biodiversity3 in Costa Rica shall designate a legal
representative
that
resides in Costa Rica.
2
Bioprospecting includes the systematic search,
classification, and investigation, for commercial purposes, of new
sources of chemical compounds, genes, proteins,
microorganisms, and other products with real or potential
economic value found in biodiversity.
3
Biodiversity includes the variability of live organisms of
any source, found in land, air, marine, aquatic, or other
ecological ecosystems, as well as the diversity
within each species and between species and the ecosystems of which
they are a part. Biodiversity also includes intangible elements such as: the knowledge, innovation, and
individual or
collective traditional practice, with real or
potential economic value, associated with genetic and bio-chemical
resources protected or not by intellectual
property rights or sui generis registry systems.
ANNEX
I, Schedule of Costa Rica
I-CR-28
Sector: Free Zones
Obligations
Concerned: Performance
Requirements (Article 10.9)
Level
of Government: Central
Measures:
Law No. 7210 of 23
November 1990 – Ley de Régimen de Zonas
Francas – Art. 22
Executive
Decree No. 29606-H-COMEX of 18 June 2001 –
Reglamento
a la Ley de Régimen de Zonas Francas
– Arts. 55 and
57
Description: Investment
An
enterprise established in the Free Zone in Costa Rica may not
introduce
more than 25 percent of its total sales in goods or 50
percent
of its total sales in services into Costa Rica’s customs
territory. An enterprise established in the Free
Zone in Costa Rica
that
only repackages or redistributes goods but does not alter them
may
not introduce any such goods into Costa Rica’s customs
territory.
ANNEX
I, Schedule of Costa Rica
I-CR-29
Sector: Services Incidental to Agriculture and Forestry
Obligations
Concerned: National
Treatment (Article 11.2)
Level
of Government: Central
Measures: Law No. 7317 of 30 October 1992 – Ley
de Conservación de la
Vida
Silvestre – Arts. 28,
29, 31, 38, 39, 64, and 66
Executive Decree No. 26435-MINAE of 1
October 1997 –
Reglamento
a la Ley de Conservación de la Vida Silvestre – Art.
32
Description: Cross-Border Services
A
license for scientific or cultural collection of species shall be
issued
for a maximum of one year for 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 referred to above.
ANNEX
I, Schedule of Costa Rica
I-CR-30
Sector:
Fisheries and Services
Incidental to Fishing
Obligations
Concerned: National
Treatment (Article 10.3)
Performance Requirements (Article 10.9)
Level
of Government: Central
Measures: Constitución Política de la República
de Costa Rica – Art. 6
Law 190 of 28 September 1948 – Ley de
Pesca y Caza Marítimas
–
Art. 7
Law
No. 6267 of 29 August 1978 – Reforma a la Ley de Pesca y
Barcos
de Bandera Extranjera en Mar Patrimonial – Arts. 3, 5,
and
14
Executive
Decree No. 23943-MOPT-MAG of 5 January 1995 –
Reglamento
Regulador del Procedimiento para Otorgar Licencias
de
Pesca a Buques Extranjeros que Deseen Ejercer la Actividad de
Pesca
en Aguas Jurisdiccionales Costarricenses – Art. 6
Executive
Decree No. 12737-A of 23 June 1981 – Reserva con
Exclusividad
la Pesca para Fines Comerciales a Costarricenses –
Art.
1
Executive
Decree No. 17658-MAG of 17 July 1987 – Clasifica
Permisos
para Pesca de Camarones en el Litoral Pacífico – Arts.
1,
2, and 3
Description: Investment
The
State exercises complete and exclusive sovereignty over its
territorial
waters within a distance of 12 miles measured from the
low-tide
mark along its shores, over its continental shelf, and its
insular
undersea base, in accordance with principles of
international
law. It also exercises special
jurisdiction over the
seas
adjacent to its territory within a distance of two hundred miles
measured
from the same mark, in order to protect, preserve, and
exploit
exclusively all the natural resources and wealth existing in
the
waters, soil, and subsoil of those zones, in accordance with
those
principles.
Catch
of shrimp and fish with scales may only be allowed in Costa
Rica
with vessels built in the country with wood obtained in Costa
Rica
and made by Costa Rican nationals.
ANNEX
I, Schedule of Costa Rica
I-CR-31
Foreign
flag fishing vessels may pay lower fees and benefit from
automatic
renewal of fishing permits if they supply their catch to
national
enterprises. National enterprises
are those with at least 51
percent
of their capital belonging to Costa Rican nationals.
Commercial
fishing within the 12 miles of Costa Rican territorial
waters
is exclusively reserved to Costa Rican nationals and Costa
Rican
enterprises with at least 51 percent of their capital belonging
to
Costa Rican nationals that fish with vessels flying the Costa
Rican
flag.
The
commercial catch of shrimp in Costa Rican territorial waters
of
the Pacific Ocean is reserved to vessels with Costa Rican
registry
and flag owned by Costa Rican nationals.
ANNEX
I, Schedule of Costa Rica
I-CR-32
Sector: Electric Energy
Obligations
Concerned: Market Access
(Article 11.4)
Local Presence (Article 11.5)
National Treatment (Articles 10.3 and
11.2)
Level
of Government: Central
Measures:
Constitución Política
de la República de Costa Rica
– Art. 121
Law
No. 7200 of 28 April 1990 – Ley que Autoriza la Generación
Eléctrica
Autónoma o Paralela –
Arts. 1, 2, 3, 5, 7, and 26 as
amended
by Law No. 7508 of 09 May 1995 – Ley
sobre Reforma
a
la Ley que Autoriza la Generación Autónoma o Paralela – Arts.
2
and 3
Law
No. 7789 of 30 April 1998 – Transformación de la Empresa
de
Servicios Públicos de Heredia
– Art. 15
Executive
Decree No. 20346 MIRENEM of 21 March 1991 –
Reglamento
a la Ley que Autoriza la Generación Eléctrica
Autónoma
o Paralela – Arts. 4, 5,
6, and 8
Executive
Decree No. 24866-MINAE of 12 December 1995 –
Reglamento
al Capítulo II de la Ley de Generación Paralela:
Régimen
de Competencia – Art. 34
Law
No. 7593 of 9 August 1996 – Ley de la Autoridad Reguladora
de
los Servicios Públicos –
Arts. 5, 9, and 13
Law
No. 8345 of 20 February 2003 – Ley de Participación de las
Cooperativas
de Electrificación Rural y de las Empresas de
Servicios
Públicos Municipales en el Desarrollo Nacional – Arts.
1,
2, 3, 6, 7, 9, 11, 12, and 13
Description: Cross-Border Services and Investment
Costa
Rica reserves the right to grant concessions for the
transmission,
distribution, and trade of electric energy by
legislation
based on demand for the service.
Priority will be given
to
concessionaires already supplying the service.
For
greater certainty, some of the enterprises that currently have
concessions
to supply these services include: Instituto
Costarricense
de Electricidad (ICE); Empresa de Servicios
Públicos
de Heredia; Junta
Administrativa del Servicio Eléctrico
ANNEX
I, Schedule of Costa Rica
I-CR-33
Municipal
de Cartago (JASEC); Compañía Nacional de Fuerza y
Luz; and cooperative associations,
cooperative consortiums, and
public
municipal service enterprises in accordance with the
provisions
of Law No. 8345.
All
of these enterprises may enter into joint ventures with public or
private
enterprises to supply their services, subject to the
provisions
stipulated by law. In the case of Empresa
de Servicios
Públicos
de Heredia, no less than
51 percent of the capital of the
private
enterprise may be owned by Costa Rican nationals.
Private
persons may invest in activities for the operation of limited
capacity
power plants4 not exceeding 20,000 kW, provided they
meet
the following requirements:
(a) ICE may purchase electricity from enterprises
in which no
less
than 35 percent of the capital is owned by Costa Rican
nationals.
(b) Enterprises organized under foreign law
that sign a power
purchase
contract with ICE
must establish a branch office in
Costa
Rica.
4
For
greater certainty, ICE may authorize the operation of a limited capacity plant,
provided that the power
generated by all such private plants in Costa
Rica does not represent more than 15 percent of the total power
produced by all public and private plants in the
national electric system. Also for
greater certainty, any power
generated using water in the public domain may
be provided only by the State or by private parties, under a
concession, in accordance with the
Constitution.
ANNEX
I, Schedule of Costa Rica
I-CR-34
Sector:
Higher Education
Services
Obligations
Concerned: National
Treatment (Articles 10.3 and 11.2)
Senior Management and Boards of
Directors (Article 10.10)
Level
of Government: Central
Measures:
Executive Decree No.
30431 of 23 April 2002 – Reglamento de la
Educación
Superior Parauniversitaria
– Arts. 6 and 61, paragraph
(d)
Description:
Cross-Border Services
and Investment
No
less than 85 percent of the faculty, administrative faculty, and
administrative
staff of a private institute of higher education must
be
Costa Rican nationals.
ANNEX
I, Schedule of Costa Rica
I-CR-35
Sector:
Human Health Service Professionals –
Physicians and Surgeons,
Dental
Surgeons, Microbiologists, Pharmacists, Nurses, and
Nutritionists
Obligations
Concerned: National
Treatment (Article 11.2)
Level
of Government:
Central
Measures: Law No. 7559 of 9 November 1995 – Ley
de Servicio Social
Obligatorio
para los Profesionales en las Ciencias de la Salud –
Arts.
2, 3, 5, 6, and 7
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.
ANNEX
I, Schedule of Costa Rica
I-CR-36
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.
ANNEX
I, Schedule of Costa Rica
I-CR-37
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 – Ley de Radio y Televisión – Art.
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 “sociedades personales”
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.
ANNEX
I, Schedule of Costa Rica
I-CR-38
• 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.
ANNEX
I, Schedule of Costa Rica
I-CR-39
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 Orgánica 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.
ANNEX
I, Schedule of Costa Rica
I-CR-40
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.
ANNEX
I, Schedule of Costa Rica
I-CR-41
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.
ANNEX
I, Schedule of Costa Rica
I-CR-42
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
ANNEX
I, Schedule of Costa Rica
I-CR-43
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.
5
If
Costa Rica requires a license for the provision of a listed service, Costa Rica
shall make licenses available within
the timeframes specified in this subparagraph.
6
Private
network services
(closed-user group services) mean networks provided for communications with no
interconnection to the public switched
telecommunications network at either end.
Nothing in this Annex shall be
construed to prevent Costa Rica from prohibiting
persons operating private networks from using their networks to
supply public telecommunications networks or
services to third parties.
7
Internet
services
shall include electronic mail; retrieval and processing on-line information and
databases and
electronic data exchange services, and offering
the ability to access the Internet.
8
Mobile
wireless services
mean voice, data, and/or broadband services provided by radio electric means in
specifically allocated bands, using mobile or
fixed terminal equipment, using cellular, PCS (Personal
Communications Service), satellite, or any other
similar technology that may be developed in the future for these
services.
ANNEX
I, Schedule of Costa Rica
I-CR-44
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.
ANNEX
I, Schedule of Costa Rica
I-CR-45
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.