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Viewing cable 07SANJOSE63, 2007 INVESTMENT CLIMATE REPORT - COSTA RICA
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VZCZCXYZ0000
RR RUEHWEB
DE RUEHSJ #0063/01 0121539
ZNR UUUUU ZZH
R 121539Z JAN 07
FM AMEMBASSY SAN JOSE
TO RUEHC/SECSTATE WASHDC 6978
INFO RUEATRS/DEPT OF TREASURY WASHINGTON DC
RUCPDOC/USDOC WASHDC
RUCPCIM/CIMS NTDB WASHDC
RUEHRC/USDA FAS WASHDC 1891
UNCLAS SAN JOSE 000063
SIPDIS
DEPT FOR EB/IFD/OIA
USDA FAS PLEASE PASS TO US TRADE REPRESENTATIVE
SIPDIS
E.O. 12958: N/A
TAGS: EINV EFIN ETRD ELAB KTDB PGOV OPIC USTR
SUBJECT: 2007 INVESTMENT CLIMATE REPORT - COSTA RICA
REF: STATE 178303
¶1. The 2007 Investment Climate Report requested in reftel
follows. As instructed the following report has also been
submitted via unclassified email.
2007 Investment Climate Statement for Costa Rica
A.1. OPENESS TO FOREIGN DIRECT INVESTMENT
Costa Rica has a generally open international trade and
investment regime, with the exception of a few sectors that
are reserved for state companies. Two high profile
parastatals will lose their monopolies if the U.S.-Central
America-Dominican Republic Free Trade Agreement (CAFTA-DR)
is ratified and implemented. For several years, the
government of Costa Rica has campaigned at senior levels to
attract high quality foreign investment to Costa Rica, a
policy which is a high priority for the administration of
President Oscar Arias that took office in May 2006. The
Costa Rican investment and development board (CINDE) leads
these investment promotion efforts through offices in Costa
Rica, the United States, Europe, and the Far East. The
country's commercial code details all business requirements
necessary to operate in Costa Rica. The laws of public
administration and public finance contain most requirements
for contracting with the state. All businesses must be
registered in the national registry, thereby becoming
national companies that may have national or foreign
owners. The investment requirements for foreign and
national persons and companies are identical. Businesses
may be established starting from nothing, acquired, merged
with, or taken over in much the same way as is done in the
U.S. Foreign partnerships with local businesses are quite
common.
The judicial system generally upholds contracts, but
caution should be exercised when making investments in
sectors reserved or protected by the constitution or by
laws for public operation. Investments in state-protected
sectors under concession mechanisms can be especially
complex due to regular challenges in the constitutional
court of contracts permitting private participation in
state enterprise activities.
The Arias administration has stated an interest in using
the 1998 concessions law to build infrastructure and manage
public works projects. One new concession agreement for
the operation of the country's principal Pacific port
commenced successful operation in the latter half of 2006.
However, several earlier concession agreements negotiated
under the l998 law have encountered and continue to face
very serious difficulties, including cancellations, when
these agreements have been reviewed by the GOCR comptroller
general and supreme court. The administration has proposed
legislative changes to remedy defects in the l998 law,
changes which are expected to become law in early 2007.
Industry surveys by CINDE and the Costa Rican foreign trade
corporation (PROCOMER) suggest that investors are most
attracted by Costa Rica's economic and political stability
and a well educated workforce. On August 5, 2004, Costa
Rica, together with El Salvador, Guatemala, Honduras,
Nicaragua, and the Dominican Republic, signed the U.S.-
Central America - Dominican Republic Free Trade Agreement
(CAFTA-DR) with the United States. Although Costa Rica is
the only signatory that has not ratified the agreement it
is generally believed that a majority of the full
legislature favor ratification of the treaty which is
expected to occur in mid-2007. To bring the treaty into
force several laws and regulations must be changed to
conform with treaty provisions. Especially difficult will
be laws opening the telecommunications and insurance
sectors to competition.
While the government focuses on promoting foreign
investment in export industries, foreign franchises have
prospered in the domestic market for the past thirty years.
Investments have been made in a wide array of sectors,
including fast food (such as Taco Bell, Kentucky Fried
Chicken, Pizza Hut, Domino's Pizza, Papa John's Pizza,
McDonald's, Burger King, Subway, and TCBY Yogurt), car
rentals (including Hertz, Avis, Dollar, and Budget), hotels
(such as Marriott, Intercontinental, Regents, Hampton Inn,
and Best Western,), and designer clothing boutiques
(including Tommy Hilfiger and Liz Claiborne). Price Smart
(formerly Price Club in the U.S.) has opened four Costa
E
Rican stores since mid-1999. In March 2006, Wal-Mart
acquired a 51% interest in a local grocery-store holding
company and brought it under the aegis of Wal-Mart Central
America. Wal-Mart Central America is the region's largest
retailer, with 394 supermarkets and 23,000 associates in
Costa Rica, Guatemala, El Salvador, Honduras, and
Nicaragua.
A.2. CONVERSION AND TRANSFER POLICIES
There are no restrictions on receiving, holding or
transferring foreign exchange. There are no delays for
foreign exchange, which is readily available at market
clearing rates and readily transferable through the banking
system. Costa Rica had maintained a crawling peg exchange
regime with the U.S. dollar since 1983, but in October 2006
transitioned to a crawling band regime designed to better
control inflation, a persistent problem. While in 2005
Costa Rica had the second highest inflation rate in the
western hemisphere, in 2006 the country posted its lowest
inflation in over fourteen years, albeit at over nine
percent. Dollar bonds and other dollar instruments may be
traded legally. No restrictions are imposed on
reinvestments or on the repatriation of earnings,
royalties, or capital except when these rights are
otherwise stipulated in contractual agreements with the
government of Costa Rica. Royalties are taxed in
accordance with Title IV of the Income Tax Law, No. 7092,
extensively reformed in October 1988, at rates varying from
10 to 25 percent.
A.3. EXPROPRIATION AND COMPENSATION
Expropriation of private land by the government without
prompt or adequate compensation has hurt some Costa Rican
and foreign investors in the past. These incidents usually
involved land expropriated to create national parks,
indigenous reserves, or agricultural projects for poor
farmers. One long-standing case involving a U.S. citizen
still awaits settlement in the courts.
Article 45 of Costa Rica's constitution stipulates that no
property can be expropriated from a Costa Rican or
foreigner without prior payment and demonstrable proof of
public interest. The 1995 Law 7495 on expropriations
further stipulates that expropriations can take place only
after full and prior payment is made. Foreigners and Costa
Ricans are supposed to receive equal treatment. Provisions
include: a) return of the property to the original owner if
it is not used for the intended purpose within ten years
or, if the owner was compensated, right of first refusal to
repurchase the property back at its current value; b) a
requirement that the expropriating institution complete
registration of the property within six months; c) a one-
month period during which the tax office must appraise the
affected property; d) a requirement that the tax office
itemize crops, buildings, rental income, commercial rights,
mineral exploitation rights, and other goods and rights,
separately and in addition to the value of the land itself;
and e) provisions providing for both local and
international arbitration in the event of a dispute. The
expropriations law was amended in 1998 to expedite some
procedures, particularly those necessary for acquiring land
for the construction of new roads.
Invasion and occupation of private property by squatters,
who are often organized and sometimes violent, has occurred
in Costa Rica. The squatters seek to take advantage of
adverse possession devices in laws permitting occupants to
receive title to unused farmland. The Costa Rican police
and judicial system have at times failed to deter or to
peacefully resolve such invasions. It is not uncommon for
squatters to return to the parcels of land from which they
have been evicted, requiring expensive and potentially
dangerous vigilance over the land.
A.4. DISPUTE SETTLEMENT
Costa Rica uses the Roman civil law system rather than
common law. The jury system is not used, although judicial
reform efforts currently include testing the use of juries
in some cases. The fundamental law is the country's
political constitution of 1949, which grants the unicameral
legislature a particularly strong role. The civil and
commercial codes govern commercial transactions. The
courts are independent, and their authority is respected.
Judgments of foreign courts are generally accepted and
enforced. The Constitution specifically prohibits
discriminatory treatment of foreign nationals.
Monetary judgments are usually made in Costa Rican Colones.
However, if the dispute involves a dollar-denominated
transaction, the award may first be calculated in dollars
and then converted to Colones for payment.
Litigation can be long and costly. The legal system is
significantly backlogged, and civil suits take over five
years on average from start to finish. Some U.S. firms and
citizens have satisfactorily resolved their cases through
the courts, while others have seen proceedings drawn out
over a decade without a final ruling. The process to
resolve squatter cases through the courts can be especially
cumbersome. The legal owner of land can be at a
disadvantage in a system that has recognized adverse
possession rights acquired by squatters, especially when
the disputed land is rural and is not being actively
worked. Also, civil archives recording land title are at
times incomplete or contradictory. These records should be
carefully researched by potential buyers to avoid disputes
over conflicting claims.
Arbitration
Arbitration has long been possible under the civil and
commercial codes; U.S. investors have experienced mixed
results from such proceedings organized by local attorneys.
A 1998 law governing alternative conflict resolution (Law
7727) sought to encourage arbitration and simplify the
procedures under which arbitration takes place. Several
arbitration centers have since been established, including
one at the Costa Rican - American Chamber of Commerce. A
few cases reportedly have been successfully and quickly
resolved under the new law.
Costa Rica has been a member of the U.N.'s International
Center for the Settlement of Investment Disputes (ICSID)
since 1993, when it acceded to the Washington Convention.
One land expropriation case was successfully resolved in
that forum. Costa Rica is also a member of the World Bank
Multilateral Investment Guarantee Agency (MIGA), which
provides a forum for international arbitration in
investment disputes, as well as investment guarantees.
Private energy producers have included international
arbitration clauses in their contracts. Costa Rica has not
joined the United Nations Protocol for the Compulsory
Settlement of Disputes between Countries or the New York
Convention of 1958 on the Recognition and Enforcement of
Foreign Arbitral Awards.
Bankruptcy
The Costa Rican bankruptcy law, addressed in both the
commercial code and the civil procedures code, is similar
to corresponding U.S. law. Title V of the civil procedure
code outlines creditors' rights and the processes available
to register outstanding credits, administer the liquidation
of the bankrupt company's assets, and pay creditors
according to their preferential status Compared to other
countries in the region, Costa Rican bankruptcy laws
function less agilely, and affected creditors recover
proportionally less from judgments, according to World Bank
analysis.
A.5. PERFORMANCE REQUIREMENTS/INCENTIVES
Three investment incentive programs operate in Costa Rica:
the free trade zone system, a so-called active finishing
regime and a duty drawback procedure. These incentives are
available equally to foreign and domestic investors. These
incentives include tax holidays, free or subsidized
infrastructure and industrial parks, training of
specialized labor force, and protective tariffs in some
cases.
The export processing law of 1981 established publicly
operated free trade zone (FTZ) industrial parks in Santa
Rosa (Puntarenas) on the Pacific Coast, and Moin (Limon) on
the Caribbean seaboard. Presently, eight FTZs operate
throughout Costa Rica, six of which are privately managed.
Companies in FTZs receive exemption from virtually all
taxes for eight years and at a reduced rate following this
period. In addition to those benefits, companies operating
in FTZs enjoy simplified investment, trade, and customs
procedures. The tax holidays provided for investment in
FTZs are scheduled to phase out in accordance with World
Trade Organization (WTO) agreements. The Government of
Costa Rica is considering a plan to equalize corporate
income tax rates for all companies operating within the
country, including companies operating in the FTZs.
The active finishing regime, created by decree in August
1997, suspends taxes for renewable six-month periods on
imported inputs of qualifying companies, and then exempts
the inputs from those taxes when the finished goods using
or containing them are exported. The regime also
facilitates a five-year renewable suspension of taxes on
capital goods used to manufacture exported goods.
Companies within this regime may sell to the domestic
market if they have registered to do so and pay pro rata
import duties on capital equipment used for the domestic
market. Finally, the drawback procedure provides for
rebates of duties or other taxes that have been paid by an
iporter for goods subsequently incorporated into an
exported good.
A.6. RIGHT TO PRIVATE OWNERSHP AND ESTABLISHMENT
All private entities and pesons, domestic or foreign may
establish and own businesses and engag in all but a few
forms of remunerative activity. The exceptions are in
sectors that are reserved for the state (legal monopolies)
or that require participation of at least a certain
percentage of Costa Rican citizens or residents (electrical
power generation, broadcasting, professional services, and
wholesale distribution). Many state-owned companies are
monopolies, such as insurance, telecommunications, and
energy. Under CAFTA-DR the first two monopolies will be
phased out. In other activities, such as medical services,
state firms operate, but do not preclude private sector
competition, which generally receives equal treatment to
state companies. Three banks owned by the state receive
some advantages over their 15 private competitors, namely
that they can not be forced into bankruptcy, a guarantee
not afforded to private banks.
A.7. PROTECTION OF PROPERTY RIGHTS
Secured interests in both chattel and real property are
recognized and enforced, and mortgage and title recording
is mandatory. The laws governing investments in land,
buildings and mortgages are generally transparent.
However, there are continuing problems of overlapping title
to real property and fraudulent filings with the national
registry, the government entity that records property
titles. The Costa Rican government does not prevent
foreign title companies from operating. U.S. title firms
have established operations in Costa Rica, including
Stewart Title Company and First American Corp., which
operates a subsidiary (First Costa Rican Title and Trust).
Other U.S. title companies have announced plans to enter
the Costa Rican market.
Investment in real estate requires care; some past
investors have experienced problems with title and adverse
possession by squatters. In the latter case, this often
occurs where absentee owners of undeveloped or vacant rural
properties confront a Costa Rican agrarian law regime that
is relatively quick to confer title to occupants of land
considered "abandoned." Landowners thus should be sure to
demonstrate a continuing presence on and control over their
land.
Investment in beachfront property in Costa Rica faces a
unique set of circumstances. Almost all beachfront is
public property for a distance of 200 meters from the high
tide mark, an exception being in long established port
cities. The first 50 meters from high tide cannot be used
for any reasons by private parties and the next 150 meters,
also owned by the state, can only be leased from the local
municipalities for specified periods and particular uses,
such as tourism installation, vacation homes, etc.
Investors should exercise caution and obtain qualified
legal counsel before purchasing property, particularly near
beachfront areas. Potential investors in Costa Rican real
estate should also be aware that the right to use
traditional paths is enshrined in law and can be used to
obtain court-ordered easements on land bearing private
title. Disputes over easements are particularly common
when access to a beach is an issue.
Intellectual Property Rights (IPR)
Costa Rica is a signatory of many major international
agreements and conventions regarding intellectual property.
It ratified the GATT agreement on Trade Related Aspects of
Intellectual Property (TRIPS), which took effect in Costa
Rica on January 1, 2000. Eight bills to implement the
TRIPS agreement were passed by the Legislative Assembly in
1999 and 2000. One of these bills extended Costa Rica's
patent protection to twenty years. CAFTA-DR requires
significant strengthening of Costa Rica's IPR laws.
While the legal framework governing intellectual property
is basically in place, enforcement is often ineffective.
At the beginning of 2002, the Costa Rican Government
announced steps to improve intellectual property protection
through a government strategy for improving the enforcement
of IPR. Since then, the government has taken minor steps
to increase enforcement efforts and to increase IPR
training for judges and prosecutors. However, the current
attorney general has publicly stated that given limited
resources IPR enforcement is a low priority. In 2002 the
United States Trade Representative (USTR) moved Costa Rica
from the Priority Watch List to the Watch List in its
annual Special 301 Report. In 2006 Costa Rica remained on
the Watch List. According to the USTR, there remain
deficiencies in Costa Rican intellectual property
protection that have not been addressed. The USTR noted
that significant delays in judicial proceedings and a lack
of official investigators, public prosecutors and criminal
and civil judges specializing in intellectual property
continue to hamper effective enforcement. Since 2005 the
U.S. Embassy in Costa Rica has actively recruited
candidates for various IPR training seminars offered and
funded by the United States Patent and Trade Office
(USPTO). In late 2006, the U.S. Chamber of Commerce and
the local American Chamber of Commerce announced an attempt
to assess the scope of the piracy problem in Costa Rica
using a polling technique the U.S. Chamber developed in
Brazil.
A.8. TRANSPARENCY OF THE REGULATORY SYSTEM
Costa Rican laws, regulations and practices are generally
transparent and foster competition, except in state
monopoly sectors where competition is explicitly excluded.
Tax, labor, health and safety laws are not considered to
interfere with investment decisions. Environmental
regulations and the Costa Rican organization that reviews
environmental impact statements have caused problems for
investors resulting in delays for completing projects.
There are several independent avenues for appealing
regulatory decisions, and these are frequently pursued by
persons or organizations opposed to a public sector
contract or regulatory decision. The avenues include the
comptroller general (Contraloria General de la Republica),
the ombudsman (Defensor de los Habitantes), the public
services regulatory agency (ARESEP), and the constitutional
chamber of the supreme court when constitutional rights
appear to be affected. The attorney general's office
(Procurador General de la Republica) is frequently a
participant in its role as the government's attorney. The
process has kept the regulatory system relatively
transparent and free of abuse, but it has also rendered the
system for public sector contract approval exceptionally
slow and litigious. There have been several cases in which
these review bodies have overturned contracts, thereby
interjecting uncertainty into the process. Bureaucratic
procedures are frequently long, involved and can be
discouraging to new investors.
A.9. EFFICIENT CAPITAL MARKETS AND PORTFOLIO INVESTMENT
There are no controls on capital flows in or out of Costa
Rica or on portfolio investment in publicly traded
companies. Larger investors arrange their financing abroad
where rates tend to be lower and lending limits are higher.
Foreign investors are able to borrow in the local market,
but they are also free to borrow from abroad.
Within Costa Rica, long-term capital is scarce. Dollar-
denominated mortgage financing is popular and common, even
for Costa Ricans who do not earn their income in dollars
because of more favorable lending terms for dollar-
denominated vs. Colon-denominated loans. There is a small
secondary market in commercial paper and repurchase
agreements. The securities exchange (Bolsa Nacional de
Valores) is small and is dominated by trading in government
bonds. Stock trading is of limited significance and
involves only a dozen of the country's larger companies.
Volume traded is often in the range of $ 1 million per
week. Stock ownership must be registered in the owner's
name. Bonds may not be issued in bearer form.
Credit is allocated on market terms, although the state-
owned banks are sometimes obliged to act as development
banks for activities deemed to be of public interest.
Credit is currently not available for intangible and or
movable property such as future crops and equipment because
such items can not be used as collateral under current law.
The three state-owned commercial banks accounted for 60
percent of the banking system?s assets in December 2005.
The fifteen private commercial banks had been steadily
increasing their share of the market, but private banks are
disadvantaged by the existence of implicit state guarantees
for deposits in state-owned banks. Entreaties by private
banks to establish deposit insurance for private deposits
have so far been rejected by the state monopoly insurance
provider.
Consolidated total assets of the country's public
commercial banks were approximately USD 6.6 billion in July
2004, while consolidated total assets of the private banks
were approximately USD 3.1 billion. The combined assets of
all bank groups (including affiliated pension funds and
brokerage houses) are approximately USD 14 billion.
Costa Rica's national council for the supervision of the
financial system (CONASSIF) oversees Costa Rica's financial
sector and consists of two principal components. The
country's general superintendent of financial institutions
(SUGEF) regulates banks and other financial institutions.
The general superintendent of securities markets (SUGEVAL)
oversees the securities exchange. The Costa Rican
government is working to strengthen supervision of the
financial sector with assistance from international donors.
Legal and accounting systems are transparent and consistent
with international norms. Many well-known accounting firms
in Costa Rica are affiliated with large U.S. firms.
A.10. POLITICAL VIOLENCE
Costa Rica has not experienced significant domestic
political violence since 1948. There are no indigenous or
external movements likely to produce political or social
instability. In October 2006 public unions opposed to
CAFTA-DR organized a two day national strike designed to
disrupt normal business activity. Although they had
threatened to bring the country to a halt, the unions were
unable to mobilize the masses and at best the street
demonstrations were an annoyance. These same groups have
threatened similar actions in 2007.
A.11.a CORRUPTION
Costa Rica has laws, regulations, and penalties to combat
corruption, though the resources available to enforce those
laws have been limited. Corruption became a major issue in
2004, when two former presidents were placed in
preventative detention on corruption charges; allegations
of lower-level corruption are common, and some prosecutions
have resulted. Amendments to make anti-corruption laws
easier to interpret and apply, which had languished in the
legislative assembly for years, were quickly passed in late
¶2004.
Costa Rica ratified the Inter-American Convention Against
Corruption in February 1997. This initiative of the
Organization for Economic Cooperation and Development
(OECD) and the Organization of American States (OAS)
obligates subscribing nations to implement criminal
sanctions for corruption. The attorney general
(Procuraduria General de la Republica), comptroller general
(Contraloria General de la Republica) and ombudsman
(Defensoria de los Habitantes) have mounted a common effort
to combat corruption. The comptroller general, the
organization of judicial investigation (OIJ), and the
public prosecutors' office investigate allegations of
corruption. The comptroller general is responsible for
approving or rejecting auditing public contracts and
detecting instances of corruption.
While most U.S. firms have not identified corruption as a
major obstacle to doing business in Costa Rica, some have
made allegations of corruption in the administration of
public tenders. Developers of tourism facilities
periodically cite municipal-level corruption as a problem.
Acts of bribery, including those directed against
government officials, are criminal acts punishable by
imprisonment. Public officials convicted of receiving
bribes are subject to prison sentences from two to six
years, according to the Costa Rican Criminal Code (Articles
314-315, and 338-339). Entrepreneurs may not deduct the
proceeds of bribes or any other criminal activity as
business expenses.
b. BILATERAL INVESTMENT AGREEMENTS
Costa Rica has Bilateral Investment Treaties (BITs) with
Argentina, Canada, Chile, the Czech Republic, France,
Germany, Great Britain, Korea, the Netherlands, Paraguay,
Spain, Switzerland, Taiwan and Venezuela. Awaiting
ratification in the legislative assembly are BITs with
Belgium, Ecuador, Finland, and Luxembourg. Negotiation a
bilateral investment treaty with the United States was
suspended in 1990, restarted in 1996, and suspended again
in 1997. The investment chapter of CAFTA-DR includes all
aspects of a BIT thereby making the negotiation of a
separate BIT unnecessary.
c. OPIC AND OTHER INVESTMENT INSURANCE PROGRAMS
The Overseas Private Investment Corporation (OPIC) offers
both financing and insurance coverage against
expropriation, war, revolution, insurrection and
inconvertibility for eligible U.S. investors in Costa Rica.
OPIC can insure up to $200 million per project for U.S.
investors, contractors, exporters and financial
institutions. Financing is available for overseas
investments that are wholly owned by U.S. companies or that
are joint ventures in which the U.S. firm is a participant.
OPIC holds a diversified portfolio of more than 300
clients.
U.S. investors should be aware that OPIC, in accordance
with statutory requirements, may not offer insurance to
projects with a detrimental effect on the U.S. balance of
payments or employment. These statutory requirements have
led OPIC to offer only limited insurance coverage for
textile and citrus investments. The Government of Costa
Rica approves prospective OPIC-insured projects taking into
account possible balance of payments or labor problems.
Costa Rica became a member of the Multilateral Investment
Guarantee Agency, a member of the World Bank group, in
¶1993.
d. LABOR
The Costa Rican labor force is relatively well educated,
skilled and easily trained, largely due to long-term
government investment in public education. The country
claims a literacy rate of 95 percent, and many workers seek
and receive additional specialized training. Costa Rica's
national vocational training institute (INA) and private
sector groups provide technical and vocational training.
The rapid growth of Costa Rica's service and tourism
sectors has created such demand for English-language
speakers that foreign investors have recently been facing a
shortage of workers with sufficient English language
skills. The arrival of companies such as Intel, Procter
and Gamble, Western Union, and various call center
operators has drawn down the supply of speakers of fluent
business and technical English. The Costa Rican Government
has made English language and computer literacy a national
priority at all levels of education. Several public and
private institutions are attempting to meet the demand for
English-language speakers, including the 50-year-old U.S.-
Costa Rican binational center (the Centro Cultural
Costarricense Norteamericano), which offers general and
business English courses to as many as 5,000 students year
round.
Costa Rican law guarantees the right of workers to join
labor unions of their choosing without prior authorization.
Unions operate independently of government control and may
form federations and confederations and affiliate
internationally. Many Costa Rican workers join "solidarity
associations," under which employers provide easy access to
saving plans, low-interest loans, health clinics,
recreation centers, and other benefits. Both solidarity
associations and labor unions coexist at some workplaces,
primarily in the public sector. Business groups claim that
solidarity associations provide for better labor relations
than exist in firms where unions represent workers and
there are no solidarity associations. However, labor
unions allege that private businesses use solidarity
associations to hinder union organization in contravention
of International Labor Organization rules.
The constitution protects the right of workers to organize.
The Labor Code enacted in 1943 provides protection from
dismissal for union organizers and members and requires
employers found guilty of anti-union discrimination to
reinstate workers fired for union activities. However, the
labor courts are backlogged and the legal process can be
lengthy.
e. FOREIGN TRADE ZONES/FREE PORTS
Free trade zones have been established near the port cities
of Limon (Caribbean) and Puntarenas (Pacific) as well as in
various central valley locations. The benefits, primarily
fiscal, are described in Section A.5.
f. FOREIGN DIRECT INVESTMENT STATISTICS
Total Foreign Direct Investment Flows into Costa Rica
--------------------------------------------- --------
Amount
Year (USD million) Percent of GDP
---- ------------- --------------
2005 861 4.3%
2004 794 4.3%
2003 577 3.4%
2002 662 4.1%
2001 454 2.8%
2000 409 2.6%
2005 Foreign Direct Investment by Country
of Origin, Percent of Total
-----------------------------------------
Country Percent
------- -------
USA 69.7
Canada 5.2
Mexico 4.2
Central America 2.8
Panama 4.3
Netherlands 1.0
Germany 0.6
Italy 0.4
Spain 1.9
Japan 0.0
Other 3.9
----- -----
Total 100.0
2005 Foreign Direct Investment, by Sector
-----------------------------------------
Amount
Sector (USD million)
------ -------------
Industry 345.0
Real Estate 235.0
Services 73.3
Tourism 53.5
Commercial