WORLD TRADE  
ORGANIZATION  G/LIC/N/3/CRI/6 
9 October 2009 
 (09-4901) 
Committee on Import Licensing Original:   Spanish 
  
 
REPLIES TO QUESTIONNAIRE ON IMPORT 
LICENSING PROCEDURES
1 
 
Notification Under Article 7.3 of the Agreement on  
Import Licensing Procedures  
 
COSTA RICA 
   The following communication, dated 7 October 2009, is being circulated at the request of the 
delegation of the Republic of Costa Rica. 
 
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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 genera l 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. 
  In conformity with its commitments unde r the Uruguay Round Agreement on Agriculture, 
Costa Rica has established tariff quotas for certain  agricultural commodities.   Unlike those that 
existed prior to December 1994, these quotas are no t administered through import licences but are 
allocated through a market mechanism that  entails an administrative procedure. 
 
Purposes and coverage of licensing
 
 2. Identify each licensing system maintained and st ate what products, appropriately grouped, are 
covered. 
 The licensing system currently in force in Co sta Rica is based on the General Regulations on 
the Distribution and Allocation of Import Ta riff Quotas laid down in Executive Decree 
No. 30900-COMEX-MAG of 20 December 2002, published in the Official Gazette ( La Gaceta ) of 
6 January 2003, and amended by Executive Decr ee No. 32237-COMEX-MAG of 8 February 2005, 
published in Official Gazette No. 41 of 28 February 2005.  
                                                     
 
1 See document G/LIC/3, Annex, for the Questionnaire. G/LIC/N/3/CRI/6 
Page 2  
 
   These Regulations govern the allocation and ad ministration of the volumes of imports under 
the tariff quotas granted by Costa Rica in accordance with its multilateral commitments in the World 
Trade Organization (WTO) and under the free trade agre ements in force, on the basis of a system of 
allocation according to historical performance.  
 The products eligible for quotas accorded by Costa 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 
OTHER CUTS AND OFFAL OF FOWLS OF THE SPECIES 
GALLUS DOMESTICUS , FRESH, CHILLED OR FROZEN 0207.13.92, 0207.13.93, 0207.13.94, 
0207.13.99, 0207.14.92, 0207.14.93, 
0207.14.94 and 0207.14.99 
MILK AND CREAM, NOT CONCENTRATED OR 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 0402.91.10 and 0402.99.10) 
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 FRUIT, NUTS OR COCOA 0403 
BUTTER AND OTHER FATS AND OILS DERIVED FROM 
MILK 0405 
CHEESE AND CURD (EXCLUDING HEADINGS FOR 
CHEDDAR-TYPE CHEESE, DEHYDRATED, GREEN- OR 
BLUE-VEINED AND OTHER CHEESE) 0406 
- SAUSAGES AND SIMILAR PRODUCTS, OF MEAT, OF 
MEAT OFFAL OR BLOOD;  FOOD PREPARATIONS BASED ON THESE PRODUCTS:  
-- With meat and meat offal of poultry of heading 0105 1601.00.20 
- HOMOGENIZED PREPARATIONS:  
-- With meat and meat offal of poultry of heading 0105 1602.10.20 
- OF POULTRY OF HEADING 0105:  
-- Other 1602.39.00 
ICE CREAM 2105.00.00 
 
 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)  G/LIC/N/3/CRI/6 
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  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 be tter access conditions than those established in 
Costa Rica's Schedule LXXXV.  3. The preferential tariffs applied to import quotas in the WTO framework are accorded for 
products originating from any WTO Member, but  the countries from which goods have most 
commonly been imported under these quotas are the United States, New Zealand, Panama, France and Mexico.  Import quotas are also granted under the existing free trade agreements with Canada and 
Panama, and the Dominican Republic - Central America - United States free trade agreement. 
4. The purpose of the mechanism for the administ ration of import quotas is to ensure strict 
compliance with Costa Rica's international obligations  as well as full enjoyment of the rights secured 
as a result of the Uruguay Round of Multilateral Trad e Negotiations.  This is done by establishing 
clear and efficient rules to ensure that maximu m use is made of the quotas, on the basis of the 
principles of transparency and non-discrimination. 
 Prior to this system, the agricultural import quotas granted by Costa Rica in the 
Uruguay Round negotiations were administered unde r a mechanism of allocation through commodity 
exchange transactions, which was governed by the Regulations on the Allocation of Tariff Quotas 
(Executive Decree No. 23914-COMEX-MAG of 27 Decemb er 1994).  It was designed in such a way 
that the State did not intervene directly in the allocation of quotas.  Quota administration was the 
responsibility of the Agricultural Commodity Exch ange (BOLPRO) under th e supervision of the 
Ministry of Agriculture and Livestock and the Ministry of Foreign Trade. 
 
 It was decided to discontinue this system owing to certain problems that arose.  The system was deemed inadequate at the time as it entailed brokerage fees that increased the costs associated 
with the income derived from the tariff preferences under the import quotas.  An alternative had to be 
found so as to improve the system of quota administration. 
 
5. The import quota administration system was established pursuant to Executive Decree 
No. 30900-COMEX-MAG of 20 December 2002, published in Official Gazette No. 3 of 6 January 2003 and entitled General Regulations on the Distribution and Allocation of Import Tariff 
Quotas.  It was subsequently amended by Executive Decree No. 32237-COMEX-MAG of 
8 February 2005 published in Official Gazette No. 41 of 28 February 2005. 
 Licensing is not statutorily required, but 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.  Th e products that require licensing are those subject 
to import tariff quotas accorded by Costa Rica in accordance with its multilate ral commitments in the 
WTO and under the free trade agreements in force.   The Executive is empowered to abolish the sy stem without legislative approval since the 
system is governed by orders issu ed by it through executive decrees. 
 G/LIC/N/3/CRI/6 
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  Procedures
 
 
6. For products under restriction as to the quantit y or value of imports (whether applicable 
globally or to a limited number of countries or whether established bilaterally or unilaterally): 
I. Import quotas established in accordance with  WTO commitments as well as those negotiated 
under Costa Rica's free tr ade agreements are allocated and distributed on the basis of the 
General Regulations on the Distribution and A llocation of Import Tariff Quotas (hereinafter 
"the Regulations"). 
  As stipulated in the Regulations, a notice inviting participation in the allocation of quotas is 
published during the first week of December in the Official Gazette and in a national 
newspaper.  The notice details the quotas availabl e for the year in question, including the size 
of each quota, the tariff heading, the product d escription and the countries of origin permitted.  
It also sets out the prerequisites fo r participating in the allocation. 
 
 Once the allocation process has been carried out  on the basis of criteria laid down in the 
Regulations, each applicant is notified and a noti ce is published in the Official Gazette and in 
a national newspaper.  The corresponding resolu tion states the amount assigned to each of the 
selected participants for each of the availa ble quotas.  The distribution takes place among 
those candidates whose applications were in conformity with the relevant stipulations. 
 
 The only conditions acceptable for the awar d of licences are those prescribed in the 
Regulations. 
  There are no exceptions or derogations from the regulatory procedure.  
II. The size of the quotas is determined on a year ly basis.  The Ministry of Foreign Trade of 
Costa Rica (COMEX) is the authority responsib le for the administration of import quotas.  
COMEX records the annual volume assigned to each  applicant in the customs control system, 
so that the imported amount can be deduc ted from the allocated annual amount.  The 
time-limit for the use of these volumes is 31 December of each year.  Volumes have been recorded in this way since 2008, with an annua l electronic certificate now replacing the paper 
certificate previously issued for each import. 
  The quotas are valid for one year and may not be  extended, as specified in Article 13 of the 
Regulations. 
 
III. There are no fixed amounts for domestic producers of like goods.  The system of import tariff 
quotas is open to all parties interested in partic ipating 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 im porting the designated products.  The customs 
control system can check that the importer has the authorized volume for quota entitlement. 
  In no circumstance may unused portions of an y year's assigned quotas be added to quotas for 
a succeeding period. 
 
 The names of the importers that have been awarded shares of the quotas are duly published in 
the Official Gazette 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 allotment of  quotas.  However, should an institution from  G/LIC/N/3/CRI/6 
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  an exporting country so request, there is  nothing to prevent it from receiving such 
information. 
 IV. Pursuant to the Regulations, a notice is i ssued setting out the import quotas for the following 
year.  The notice is published by COMEX during the first week of December of the calendar 
year before that of allocation.  As of the date  of publication, any natural person or legal entity 
domiciled in Costa Rica may apply for quotas w ithin a period not exceeding 15 working days 
as from the first working day following publication. 
 V. Once the period for the receipt of applicati ons has expired, COMEX has the first 30 working 
days of the year following the one in which the notice was published to distribute and allocate 
the quotas among candidates whose applications  meet the criteria laid down in the 
Regulations.  This is so as to ensure that it has all the information required to be able to make 
the allocation. 
 
VI. Pursuant to the Regulations, the allocation is  made within the first 30 working days of the 
year, so in the second week of February at the latest.  Importation may begin immediately, 
provided that the relevant data have been r ecorded in the customs control system.  The 
certificates are valid as of the date of allocati on, which means that the period of importation 
starts almost immediately.  The period runs until  31 December, to the extent that there is still 
volume available for importation. 
 
VII. COMEX is the authority responsible for re viewing and assigning import tariff quotas.  Within 
the Ministry's organizational structure, the Di rectorate for Implementation of International 
Trade Agreements ( Dirección de Aplicación de Acuerdos Comerciales  - DAACI) reviews 
applications and notifies interested parties of any inconsistencies.  The allocation is made 
through a resolution issued by the Minister, which is duly communicated to all interested 
parties.  As explained above, COMEX record s the volume allotted to each importer in the 
customs control system, so no further steps are required following allocation, as once the 
assigned volume has been recorded, the importer may apply the quota for each import, to the 
extent that there is volume available. 
 
VIII. Articles 9, 10 and 11 of the Regulations contain provisions rela ting to allocation.  Eighty per 
cent of the amount available for each quota is di vided between applicants with a documented 
history, taking into account the percentage share of imports under the corresponding quota in 
the preceding year, while the remaining 20 per cent is divided between new importers on a pro rata basis.  Portions of quota remaining af ter the initial allocation will be made available 
through a further publication and will be distri buted according to the daily order in which 
applications are submitted. 
  Applications may be submitted to COMEX with in 15 working days of the publication of the 
notice and are examined on receipt in the light  of administrative requirements.  Quotas will 
not be fully assigned, however, until all the info rmation relating to imports in the preceding 
period has been received and any inconsistencies have been corrected. 
  No applicant will be assigned a volume in excess of that requested.  IX. Costa Rica does not issue import licences in th e case of bilateral quotas or export restraint 
arrangements in which the exporting country issu es an export permit for its products.  Nor are 
export permits issued for products exported under another country's tariff quota.  Instead, the 
available share is allotted in cases expressly fo reseen in domestic legislation, as for example 
the allotment of the share of cheese exports to  the United States, and the importing country is 
notified of that allotment. G/LIC/N/3/CRI/6 
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X.  Costa Rica makes this sort of allotment onl y in the case of the export quota of fresh cheese 
that is granted by the United States within th e framework of its multilateral commitments.  In 
such cases, once Costa Rica, as the exporting co untry, has made the allotment, it sends an 
official statement to the United States Depa rtment of Agriculture (USDA) through the 
Costa Rican Embassy in Washington, DC, and al so notifies the Agriculture Section of the 
US Embassy in San José. 
 XI. No such licences are issued.  
7. Costa Rica does not apply import licences in case s where there is no quantitative limit on the 
importation of a product. 
8. A quota allocation application may be rejected if it is incomplete, submitted in an untimely 
fashion or contains serious errors such as those laid out in the Regulations, namely: 
 - Failure to identify the applicant or to describe the economic activity involved. 
 
 - Failure to provide a detailed description of the import quota in which the applicant 
wishes to participate. 
  - Failure to describe the product and the corresponding tariff heading. 
 
 - Failure to indicate the import volume being requested for each tariff heading. 
  - Discrepancies between the import volumes  declared by the applicant and those 
officially communicated to COMEX by the Directorate-General of Customs, which 
are not justified, duly documented or  supported by official documents. 
 
 - The importation of in-quota products before  the allocation is made or outside the 
period for which the respective quota was assigned. 
  Once the documentation has been examined, the allocation is made or the decision to reject 
the application is issued and the applicant is notifie d accordingly via the relevant channels.  An appeal 
for the reversal of the decision rejecting the appli cation may be filed with the Ministry of Foreign 
Trade within three working days of the decision be ing notified, as provided for in the General Public 
Administration Law (Law No. 6227 of 2 May 1978).  Should the applicant deem it necessary, it may turn to judicial channels and bring an  action before the administrative courts. 
 Eligibility of importers to apply for licence
 
 
9. Under the restrictive licensing system, which is the only licensing system in effect in 
Costa Rica, any natural person or legal entity domicil ed in Costa Rica may appl y to participate in the 
distribution of import tariff quotas made available by COMEX in its notices. 
Documentational and other require ments for application for licence  
 
10. The following information must be provided in the application: 
(a) The identity of the applicant, including a description of the applicant's economic 
activity; 
(b) for natural persons, a copy of their official ID;  G/LIC/N/3/CRI/6 
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  (c) in the case of legal entities, a copy of the legal identity document together with a 
valid certificate of legal status, a notarial certificate recording the nature and ownership of shares in the applicant comp any or certification of its partners, as 
appropriate, as well as a list of the people responsible for its legal representation and 
of its board of directors; 
(d) detailed description of the import quota in wh ich the applicant wishes to participate.  
Applications pertaining to quotas establishe d under a free trade agreement must also 
state the country of origin of the product in question; 
(e) description of the product and the corresponding tariff heading; 
(f) the import volume being sought for each tariff heading; 
(g) for each quota in which the applicant wishes to particip ate, an indication as to 
whether it is an "applicant with a documen ted history" or a "new applicant", as 
prescribed in the Regulations; 
(h) a sworn statement indicating whether the appli cant, or an affiliate within the meaning 
of Article 19 of the Regulations, has subm itted another application to participate in 
the allocation of the same quota in the same distribution and allocation process; 
(i) physical address or fax number for th e purposes of receiving notifications; 
(j) natural persons or legal entities that ha ve been assigned import quotas during the 
two calendar years preceding the distribution and allocation process must also submit a sworn declaration describing the quota assigned (including the amount allocated) and the amount actually imported each year under the quota(s) assigned.  The 
declaration must also indicate whether th e applicant made use of the mechanism 
foreseen under the Regulations for return ing unused portions of allocations. 
11. When importing under quota, a valid electronic certificate is required.  Such certificates are 
transmitted annually by COMEX for all assigned quotas. 
12. There are no licensing fees or administrative ch arges.  The only payment involved is for the 
legal stamps required for some documents in the a pplication to participate in the quota allocation. 
13. Tariff quotas are allocated free of charge. 
Conditions of licensing
 
 
14. Tariff quotas are valid from the date of allocati on to 31 December of the corresponding year 
and may not be extended. 
15. Under Article 4 of the Regulati ons, an importer that has used less than 95 per cent of the 
specifically assigned quota will be entitled, in th e regular allotment for the year immediately 
following, to an amount 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 per cent of the assigned quota during the periods stated on the certificates issued, that importer will not be eligible for an allotment during 
the third year and will be treated as a new appli cant with no documented history for subsequent 
allotments.  Should that same importer receive a cer tificate for use during the fourth year and again 
utilize less than 95 per cent of the volume stated th ereon, the importer will not be eligible for quota 
allotment for the following two years. G/LIC/N/3/CRI/6 
Page 8  
 
   Article 16 of the Regulations establishes a mechanism whereby unused portions may be 
returned by beneficiaries who 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  the latter can be made available to potentially 
interested candidates in the special notice that is published before 30 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 allotment process.  16. Allocated quotas may not be transferred. 
17. No other conditions are attached. 
Other procedural requirements
 
 
18. There are no conditions attached to the issuing of licences other than those laid down in the 
Regulations. 
19. In Costa Rica, the banking authorities immediat ely provide the foreign exchange required to 
pay for goods 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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