G/LIC/N/3/CRI/14  
12 December  2018 
(18-7858) Page: 1/6 
Committee on Import Licensing  Original:  Spanish  
 
  
REPLIES TO THE QUESTIONNAIRE ON  IMPORT LICENSING PROCEDURES1 
NOTIFICATION UNDER ARTICLE 7.3 OF THE AGREEMENT  
ON IMPORT LICENSING PROCEDURES (2017)  
COSTA RICA 
The following communication, dated 4  December  2018, is being circulated at the request of the 
delegation of Costa Rica.  
 
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Costa Rica hereby notifies that it has modified the import licensing procedure described in document 
G/LIC/N/3/CRI/7 of 14 October 2010. The amendments are set out in this document . This 
notification covers the period 2017.  
 
Outline of systems  
1. In acceding to the GATT in 1990, Costa Rica undertook to eliminate all existing import licensing 
requirements within a period not exceeding four years.  This commitment was completely fulfilled by 
the end of 1994 with the entry into force of Law No. 7473 on the Implementation of the Uruguay 
Round Agreements, of 20 December 1994.  Article 1 of the Law abolishes existing licensing 
requirements and  establishes the commitment in general to eliminate any similar procedure 
requiring permits, prior authorization or approval for the importation of goods.  
 
Accordingly, all import licensing requirements of a commercial nature were eliminated.  
 
Furthermore,  in conformity with its commitments under the Uruguay Round Agreement on 
Agriculture, Costa Rica has established tariff quotas for certain agricultural commodities for which 
non-tariff import barriers were tariffied. Unlike those that existed prior to Dece mber 1994, these 
quotas are not administered through import licences but are allocated through a market mechanism 
that entails an administrative procedure.  
 
Purposes and coverage of licensing  
2. The licensing system currently in force in Costa Rica is based on the General Regulations on the 
Allocation of Import Tariff Quotas , Executive Decree No.  39938 -COMEX of 29 September 2016, 
published in Official Journal  (La Gaceta) No.  192 of 6  October 2016.  
 
These Regulations govern the allocation and administrat ion of the volumes of imports under the 
tariff quotas granted by Costa Rica in accordance with its multil ateral commitments in the 
World  Trade Organization (WTO) and under the free trade agreements in force.2 
 
                                                
1 See document G/LIC/3, Annex, for the Questionnaire.  
2 Except for quotas for rice in the husk (United States), black beans (China), paper articles (Panama) 
and animal feed (Colombia). Import quotas covered by the Central  America  – European Union Association 
Agreement are also excluded from their scope.  G/LIC/N/3/CRI/14  
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  The products eligible for quotas accorded by C osta Rica in the WTO framework are detailed in 
Schedule LXXXV – Costa Rica (Part I – Most-Favoured -Nation Tariff, Section I – Agricultural Products, 
Section I -B Tariff Quotas). However, the only products that have been accorded quotas from the 
year 2000 to  date are those listed below:  
 
Description of products  Tariff item number(s)  
1 2 
POULTRY AND POULTRY PRODUCTS; CUTS AND 
OFFAL OF POULTRY  0207139200; 0207139300;  
0207139400; 0207139900;  
0207149200; 0207149300;  
0207149400; 0207149900;  
0207269000; 0207449000;  
0207549000; 0207604900  
Milk and cream, not concentrated nor containing 
added sugar or other sweetening matter  0401 
Milk and cream, concentrated or containing 
added sugar or other sweetening matter 
(excluding  condensed and evaporated milk ) 0402 (except 0402911000 and 0402991000)  
 
Buttermilk, curdled milk and cream, yoghurt, 
kephir and other fermented or acidified milk and 
cream, whether or not concentrated or 
containing added sugar or other sweetening 
matter or flavoured or containing added fr uit, 
nuts or cocoa.  0403 
BUTTER AND OTHER FATS AND OILS DERIVED 
FROM  MILK 0405 
Cheese and curd (excluding headings for 
cheddar -type, dehydrated, gree  
n- or blue-veined and other cheese ) 0406101000; 0406109000; 0406300000  
Sausages and similar products, of meat, meat 
offal or blood; food preparations based on these 
products; Of poultry of heading No.  01.05; 
Other  1601002000; (1602102000);  
1602321000; 1602329000  
Ice cream and other edible ice, whether or not 
containing cocoa.  2105 
 
Products subject to bound tariff quotas not included in the above list are those for which quotas were 
not activated during the reporting period because the most-favoured -nation (MFN) import tariff 
remained at a level equal to, or lower than, the tariff established in Costa Rica's Schedule for in -quota 
imports, that is, they enjoyed better access conditions than those established in Costa Rica's 
Schedule LXXXV.  
 
3. The preferentia l tariffs applied to import quotas in the WTO framework are accorded for products 
originating from any WTO Member. However, the countries from which goods are most commonly 
imported under these quotas are the United States, Denmark and France. Import quota s are also 
granted under the existing free trade agreements with Canada, Panama, Peru and Colombia.  
 
4. The licensing requirement applies to products subject to import quotas accorded by Costa  Rica in 
accordance with its multilateral commitments in the Wor ld Trade Organization (WTO) and under the 
free trade agreements now in place. The purpose of the mechanism for the administration of import 
quotas is to ensure strict compliance with Costa Rica's international obligation s as well as full 
enjoyment of the r ights secured as a result of the Uruguay Round of Multilateral Trade Negotiations. 
This is done by establishing clear and efficient rules to ensure that maximum use is made of the 
quotas, on the basis of the principles of transparency and non -discriminatio n. 
 
5. The Executive has issued regulations instituting the import licensing procedure for the purpose of 
administering the import quotas granted under the WTO Agreements and the free trade agreements 
signed by Costa Rica. Costa Rican legislation does not leave the designation of products to be covered 
by the licensing procedure to administrative discretion. The products that require licensing are those 
subject to import tariff quotas accorded by Costa Rica in accordance with its multilateral 
commitments in  the WTO and under the free trade agreements in force.  G/LIC/N/3/CRI/14  
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The Executive is empowered to abolish the system without legislative approval since the system is 
governed by orders issued by it through executive decrees. The legal basis for the administration of 
quotas is currently provided by the General Regulations on the Allocation of Import Tariff Quotas , 
Executive Decree No.  39938 -COMEX of 29 September 2016, published in Official Journal  (La Gaceta) 
No. 192 of 6  October 2016.  
 
Procedures  
6.I. Import quotas est ablished in accordance with WTO commitments as well as those negotiated 
under Costa Rica's free trade agreements are allocated and distributed on the basis of the 
General Regulations on the Allocation of Import Tariff Quotas (hereinafter "the Regulations") . 
Further information on the regulations in force, forms and requirements, is available at 
http://www.comex.go.cr/contingentes . 
 
As stipulated in the Regulations, a notice inviting historical applicants to participate in the 
allocation of the following year’s quotas is published during the first week of October. The 
notice is published in the Official Journal , La Gaceta,  and a national newspaper, and the web 
page of the Ministry of Foreign Trade (COMEX) p ublishes the full details of: (i) the quotas 
available for the year in question, (ii) the size of each quota, (iii) the tariff heading and the 
product description, (iv) the countries of origin permitted, and (v) the prerequisites for 
participating in the a llocation.  
 
 From the first working day of January each year the volumes available for that year are made 
available to new applicants. The web page of COMEX sets out the details of the available 
products and volumes , and the requirements to be met.  
 
 Once the allocation process has been carried out on the basis of criteria laid down in the 
Regulations for each of the subprocesses listed, each applicant is notified and the 
corresponding resolution is published on the COMEX website. The resolution states  the amount 
assigned to each of the selected participants for each of the available quotas. The distribution 
takes place among those candidates whose applications were in conformity with the relevant 
stipulations.  
 
II.  The size of the quotas accorded under trade agreements is negotiated for each agreement 
and used for one year. In conformity with Article  4 of the Regulations, the Ministry of Foreign 
Trade of Costa Rica (COMEX) is the authority responsible for the administration of import 
quotas. For each a pplicant and allocated  quota, COMEX authorizes a digital certificate in the 
TICA (Customs Control Information Technology) system, stating the quota volume  allocated  
to that applicant for the year in question. The certificate runs until  no later than  31 December 
of each year, and is to be used each time an import is made until the allocated  quota is 
exhausted. Once the quota is exhausted or the closing  date is reached,  the tariff benefit 
expires.  
 
The duration of the quotas may be extended in the even t of acts of God, force majeure  or acts 
or omissions on the part of the public authorities that definitively  prevent the quota -holder 
from using the quotas, as provided for in Article  4 referred to above.  
 
III.  The system of import tariff quotas is open t o all parties interested in participating that fulfil 
the relevant prerequisites under the Regulations. There is no preference whatsoever in respect 
of any type of product for domestic producers of like goods.  
 
 The licences are granted exclusively for imp orting the designated products. In no circumstance 
may unused portions of any year's assigned quotas be added to quotas for a succeeding 
period.  
 
 The names of the importers that have been allocated shares of the quotas are duly published 
in Costa Rica's O fficial Journal  (La Gaceta) and in a national newspaper. The information is 
therefore public. There has never been any direct notification to governments or export 
promotion bodies of exporting countries concerning the allocation of quotas. However, should  
an institution from an exporting country so request, there is nothing to prevent it from 
receiving such information.  G/LIC/N/3/CRI/14  
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IV. Historical applicants have 15  working days from the publication of the notice in the 
Official  Journal  to submit applications. For new  applicants the period for the receipt of 
applications opens on the first working day of January each year and remains open until the 
available amounts are exhausted.  
 
V. Once the period for the receipt of applications has expired, COMEX has the first ten working 
days of the December following publication of the notice to distribute and allocate the quotas 
among historical applicants whose applications meet the criteria laid down in the Regulations. 
This is to guarantee application of the principle of due p rocess, as it is indispensable to have 
all the required information in order to be able to make the allocation. An application for the 
quotas available to new applicants must receive a response within no more than ten working 
days following its receipt.  
 
VI. As noted in point  V, the allocation is made during the first ten working days of December. 
Therefore , the importer has approximately 10 -15 days prior to being able to begin to use the 
allocation (1  January of the year following the one in which the not ice was published).  
 
VII. The administration of import quotas falls within the exclusive competence of COMEX. Within 
the Ministry's organizational structure, the Directorate -General of Foreign Trade (DGCE) is 
responsible , in collaboration with the Legal Advice Department , for reviewing applications and 
making the allocation in conformity with the Regulations . 
 
VIII. The basis on which the quotas are allocated derives from Articles 9 and 10 of the Regulations, 
which stipula te that 80 % of the total annual amount for each quota will be divided among 
applicants with a documented history, while the remaining 20 % will go to new applicants. For 
historical applicants, if the sum of all applications is lower than the amount  availabl e, each 
applicant will be assigned  the amount requested; if the sum is greater than the amount 
available , that amount will be  distributed proportiona lly based on in -quota imports in the 
reference year. For new applicants, the allocation will be made  accord ing to the daily order in 
which applications are submitted, until the available amounts are exhausted. If on the same 
day the sum of all applications is lower than the available amount, each applicant will be 
assigned the amount requested; if the sum is greater than the amount available, that amount 
will be  distributed proportiona lly based on the amount requested.  
 
 As specified in the articles of the Regulations referred to, under no circumstances will COMEX 
assign an applicant a quota volume in excess of that requested.  
 
The only conditions acceptable for the award of licences are those prescribed in the 
Regulations. There are no exceptions or derogations from the regulatory procedure. Unused 
portions of quota remaining after the initial allocation will be  made available  under  the 
above -mentioned resolution  and will be  distributed according to the daily order in which 
applications are submitted.  
 
 Applications are examined in order of receipt.  
 
IX. Costa Rica does not issue import licences in the case of bi lateral quotas or export restraint 
arrangements in which the exporting country issues an export permit for its products. Neither 
are export permits issued for products exported under another country's tariff quota. Instead, 
the available share is allocated  in cases expressly foreseen in domestic legislation, as for 
example the allocation of the share of cheese exports to the United States, and the export 
quotas covered by the Association Agreement between C entral  America and the 
European  Union.  
 
X. No expor t permits are required from exporting countries.  
 
XI.  There are no products for which licences are granted only on condition that they are exported 
and not sold in the domestic market.  
 
7. Costa Rica does not apply import licences in cases where there is no quantitative limit on the 
importation of a product.  
 G/LIC/N/3/CRI/14  
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  8. An application for a licence may be refused if it is incomplete, submitted in an untimely fashion 
or contains errors or omissions as laid out in the Regulations, namely:  
 
i. discrepancies between the import volumes declared by the applicant and those officially 
communicated to COMEX by the Directorate -General of Customs (hereinafter the “DGA”), 
which are not justified, duly documented or supported by official documents;  
ii. the supply of materially false i nformation in sworn statements or the documents submitted 
in support of the application; and  
iii. failure to comply with any other requirement set forth in Article  6 of the Regulations or 
failure to remedy such non -compliance.  
 
All the information submitted by the interested parties is subject to verification by COMEX. If the 
examination of an application reveals an error or omission that could lead to its disqualification, the 
applicant is duly notified and given a period of ten working days as from the first w orking day 
following notification to make the corrections or submit the documents relating to the possible errors 
or omissions identified.  
 
Once the documentation has been examined, the allocation is made or the decision to reject the 
application is issued  and the applicant is notified accordingly via the channels indicated by the latter. 
As it is a final decision by the highest authority, the applicant may file an application  for review 
within two  months of the decision being notified, as provided for in t he General Public Administration 
Law (Law No.  6227 of 2 May 1978) and the Law Regulating Administrative Litigation (Law No. 3667 
of 12 March 1966).  
 
The settlement of the application  for review  signals that all administrative remedies have been 
exhausted, so that any applicant that deems it appropriate to pursue a claim further must turn to 
judicial channels and bring an action against the State in the administrative courts.  
 
Eligibility of importers to apply for a licence  
9. Under the restrictive licensing  system, which is the only licensing system in effect in Costa  Rica, 
any natural person or legal entity domiciled in Costa Rica may apply to participate in the distribution 
of import tariff quotas made available by COMEX in its notices.  
 
Documentation and other requirements for application for licence  
10. The following information must be provided in the application3: 
 
i. whether the allocation is regular or extraordinary;  
ii. the applicant’s full name or company name;  
iii. the applicant’s official identity document nu mber;  
iv. for legal persons, the full name of the legal representative or agent and their identity 
document number;  
v. description of the product and the corresponding tariff heading, and the trade instrument 
under which the quota is accorded ; 
vi. the import volume r equested for each quota and whether the applicant is new or historic al; 
vii. an email address, to act  as the official means of receiving communications  for all purposes . 
 
The following documents  must also be provided : 
 
a. certificate of legal status issued by a Notar y Public or the National Regist ry, indicating the 
number of the legal identity document;  
b. special power of attorney if the application is made by a person other than the applicant , or 
for legal persons the legal representative, expressly stating that t hey are empowered to 
make the application on the applicant’s behalf;  
c. certificate issued by a Notary Public stating the nature and ownership of shares in the 
applicant company or its partners, as appropriate;  
d. certificate issued by a Notary Public or the Nat ional Registr y, containing details of  the pe rsons  
responsible for the company's legal representation and its board of directors; and  
                                                
3 The quota application form is available at: http://www.comex.go.cr/media/6377/formula -
contingentes_firmamanual -2018.pdf . G/LIC/N/3/CRI/14  
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  e. for new applicants, a simple copy of the commercial invoice (containing the exporter’s 
details) and the bill of lading . 
 
11. A physical licence is not required at the time of importation since , as stated in point  II, each 
importer is supplied with a digital certificate for each quota for use by the beneficiary until the 
allocated quantity is exhausted.  
 
12. There are no lice nsing fees or administrative charges.  The only payment involved is for the legal 
stamps required for some documents in the application to participate in the quota allocation, as set 
out in the reply to question No.  10. 
 
13. The issue of a licence is not su bject to any deposit.  
 
Conditions of licensing  
14. The validity of a licence begins on 1  January of the year for which the quota is allocated , or from 
notification of the resolution governing  the quota allocation , and runs until 31 December of each 
year. T he quota volumes are available for that period only and may not be extended except as 
provided for in the Regulations in the event of acts of God, force majeure  or acts or omissions on 
the part of the public authorities that definitively  prevent the quota -holder from using the quotas.  
 
15. Under Article 14 of the Regulations, an importer that has used less than 95 % of the specifically 
assigned quota will be entitled, in the regular allocation for the year immediately following, to an 
amou nt no greater than the volume actually imported under the quota in the preceding year. If for 
two consecutive years an importer uses less than 95 % of the assigned quota during the periods 
stated on the certificates issued, that importer will not be eligibl e for an allocation during the third 
year and will be treated as a new applicant with no documented history for the subsequent allocation . 
For extraordinary allocations (portions of quota remaining) at least 50 % of the allocated quota must 
be used.  
 
A new applicant that uses less than 50 % of the allocated quota will not be eligible for an allocation 
during the following period. Moreover , an applicant that returns more than 50 % of the allocation 
during two consecutive periods will not be eligible in the foll owing period for an allocation greater 
than the amount actually imported in the immediately preceding calendar year,  in the case of an 
historical applicant, or will not be eligible for a quota allocation  in the case of a new applicant . 
 
Article 11 of the R egulations establishes a mechanism whereby unused portions may be returned by 
beneficiaries that do not think that they will exhaust the quota to which they are entitled.  In such a 
case, a note must be sent to COMEX by 30 June of the corresponding calendar  year, indicating the 
volume that will not be used so that that volume  can be made available to other potentially interested 
candidates in the special notice that is published on the last working day of July of each year.  A 
beneficiary that does not exhaust the entire assigned quota but makes use of this mechanism will 
face no restrictions on subsequent participation in the allocation process.  
 
16. The certificates are personal in nature. They do not constitute a security. The rights vested in 
them may not be endorsed, assigned, or transferred in any other way.  
 
17. There are no conditions attached to the issuing of licences other than those laid down in the 
Regulations.  
 
Other procedural requirements  
18. There are no prior administrative formalities apart from the import licensing procedure described 
in the above replies and any sanitary and phytosanitary requirements.  
 
19. In Costa Rica, the banking authorities immediately provide the foreign exchange required to pay 
for go ods to be imported. There is no need to be in possession of an import licence to obtain foreign 
exchange. There have been no problems of foreign exchange shortage so far, nor are there any 
special formalities for obtaining foreign exchange.  
 
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