WORLD TRADE  
ORGANIZATION  G/LIC/N/3/CRI/5 
7 October 2008 
 
 (08-4754) 
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 notification, dated 3 October 2008, has been received from the 
Permanent Mission of Costa Rica. 
 
_______________ 
 
  This notification covers the year 2007. 
 
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. 
 
 Furthermore, in conformity with its co mmitments under the Uruguay Round Agreement on 
Agriculture, Costa Rica has estab lished tariff quotas for certain ag ricultural commodities.  Unlike 
those that existed prior to December 1994, these quo tas 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 Cost a 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 Februa ry 2005.  These Regulations govern the allocation 
and administration of the volumes of imports under the tariff quotas granted by Costa Rica in 
accordance with its multilateral commitments in th e World Trade Organization (WTO) and under the 
free trade agreements in force. 
                                                      
1 See document G/LIC/3, Annex, for the Questionnaire. G/LIC/N/3/CRI/5 
Page 2  
 
   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 Ta riff, 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:  
- Other 0207.39.00 
- Fowls of the species Gallus domesticus 0207.41.00 
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 
  G/LIC/N/3/CRI/5 
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   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 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 are most commonly imported under these quotas are the United States, New Zealand, Panama, France, the Netherlands, 
Guatemala and Mexico.  Import quotas are also gran ted under the existing free trade agreements with 
Canada, Chile and Mexico. 
4. The licensing requirement applies to produc ts subject to import quotas accorded by 
Costa Rica in accordance with its multilateral comm itments in the World 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 stri ct compliance with Costa Rica's international 
obligation as well as full enjoyment of the rights secured as a result of the Uruguay Round of 
Multilateral Trade Negotiations.  This is done by esta blishing clear and efficient rules to ensure that 
maximum use is made of the quotas, on the basi s 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 Dece mber 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, howev er, 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 de rived from the tariff preferences under the import quotas.  An 
alternative had to be found so as to improve the system of quota administration.  
5. This import quota administration system was created through Executive Decree 
No. 30900-COMEX–MAG of 20 December 2002, p ublished 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 Ex ecutive 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/5 
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  Procedures
 
 
6. I. Import quotas established in accordance w ith 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 Allocation and Dist ribution of Import Tariff Quotas (hereinafter 
"the Regulations"). 
  As stipulated in the Regulations, a notice inviting participation in the allocation of quotas is 
published in the Official Gazette and in a nati onal newspaper.  The notice details the quotas 
available for the year in question, including the size of each quota, the tariff heading, the 
product description and the countries of origin permitt ed.  It also sets out the prerequisites for 
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 th e corresponding resolution is published in the 
Official Gazette and in a national newspaper.  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. 
  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 established in the various  trade agreements is determined annually.  
Under Article 13 of the Regulations, the Minist ry of Foreign Trade of Costa Rica (COMEX), 
as the authority responsible for the administ ration of import quotas, issues certificates if 
requested by importers that have been awarde d quotas;  the certificates cover partial amounts 
of the assigned quota and are used each time a consignment of the product is imported, until the assigned quota is exhausted.  The certificat es are valid only until 31 December of each 
year, at which time the tariff quota entitlement expires. 
 
 The quotas are valid for one year and may not be  extended, as specified in Article 13 of the 
Regulations. 
 III. The system of import tariff quotas is open to 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 importing 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 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 
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  G/LIC/N/3/CRI/5 
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  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 to guarantee applicati on of the principle of due process, as it is 
indispensable to have all the required information in order to be able to make the allocation. 
 VI. As of the date when the outcome of the allo cation is published, the licences are issued and the 
period of importation begins, running until 31 December of each year.  Naturally, each 
beneficiary may import until the assigned quota is exhausted. 
 VII. The administration of import quotas falls w ithin the exclusive competence of COMEX.  
Within the Ministry's organizational structure, the Directorate for Implementation of 
International Trade Agreements ( Dirección de Aplicación de Acuerdos Comerciales 
Internacionales  – DAACI) is responsible for reviewing applications in collaboration with the 
Legal Advice Department.  The quotas are allo cated through an administrative resolution 
issued by the Minister of Foreign Trade, who is the head of COMEX.  Once the allocation is 
made, the importer must request import certificates directly from the DAACI as and when needed. 
 
VIII. The basis on which the quotas are allocated  derives from Articles 9, 10 and 11 of the 
Regulations, which stipulate that should the requested amounts be greater than the overall 
amount available for a particular quota, the distribution will be made as follows:  80 per cent of the total annual amount for each quota will be divided among applicants with a 
documented history, while the remaining 20 per cent will go to new applicants. 
  Portions of quota remaining after the initial allocation will be made available through a 
further publication and will be distributed accordi ng to the daily order in which applications 
are submitted. 
 
 As specified in Article 11 of the Regulati ons, under no circumstances will COMEX assign an 
applicant a quota volume in excess of that requested. 
  Applications are examined in order of receipt.  
IX. Costa Rica does not issue import licences in th e case of bilateral quotas or export restraint 
arrangements in which the exporting country issues an export permit for its products.  Neither 
are export permits issued for pr oducts exported under a nother country's tariff quota.  Instead, 
the available share is allotted in cases expressl y foreseen 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.  A publication is nonetheless made in the 
Official Gazette and in a national newspaper indicating the export quotas available in keeping 
with WTO commitments. 
 X. No export 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 case s where there is no quantitative limit on the 
importation of a product. G/LIC/N/3/CRI/5 
Page 6  
 
  8. An application for a licence may be refused 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 a nd the corresponding tariff heading. 
• Failure to indicate the import volume be ing requested for each tariff heading. 
 All the information submitted by the interested  parties is subject to verification by COMEX, 
which may disqualify any application that contains serious errors or omissions. 
  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 three working days as from the 
first working day following notification to make th e corrections or submit the documents relating to 
the possible errors or omissions identified. 
  Once the documentation has been examined, the allotment is made or the decision to reject 
the application is issued and the applicant is no tified accordingly via the channels indicated by the 
latter.  As it is a final decision by the highest au thority, the applicant may file an appeal within 
two months of the decision being notified, as pr ovided for in the General Public Administration 
Law (Law No. 6227 of 2 May 1978) and th e Law Regulating Administrative Litigation 
(Law No. 3667 of 12 March 1966).   The settlement of the appeal signals that all administrative remedies have been exhausted, so 
that any applicant that deems it appropriate to pursu e 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 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 requireme nts for application for a 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; 
(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/LIC/N/3/CRI/5 
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  (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. 
 The rules and other relevant documentation are available on the web site of the Ministry of 
Foreign Trade, at:  http://www.comex.go.cr/ acuerdos/contingentes/importacion/default.htm
. 
 
11. The importer must apply to COMEX for an import licence to cover a specific import 
consignment.  That licence must be presented to the relevant customs authority during the clearance 
of the product, along with the standard import documents required at cu stoms under Costa Rican 
customs legislation. 
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 app lication to participate in the quota allocation, as 
set out in the reply to question No. 10. 
13. The issue of a licence is not subject to any deposit. 
Licensing conditions  
 14. The validity of a licence begins at the time of publication of the quota allocations and runs 
until 31 December of each year.  The quota volumes ar e available for that period only 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. 
 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.  G/LIC/N/3/CRI/5 
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  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 formalitie s apart from the import licensing procedure 
described in the above replies and any sanitary and phytosanitary requirements. 
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.  
__________