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Guidelines on requirements for obtaining the tourism declaration

a) Activity: Lodging establishments

I- Legal Requirements.

The interested party must submit the following:

1.The application for a Tourism Declaration, signed by the interested party (for natural persons) or by the legal representative of the enterprise (for artificial persons), with all signatures duly attested.  The application must identify the activity in which the enterprise will engage, the specific location where the enterprise will operate, the commercial name of the enterprise, the date on which operations will begin (in the case of a project).

The following documents must also be submitted:

a) A certificate attesting to the fact that the legal representatives of the enterprise (for artificial persons) or the interested party (for natural  persons) have no criminal record.

• If the legal representatives are from Costa Rica, this certificate must be issued by the Judicial Registry

• If they are from another country, INTERPOL or the appropriate entity in their country of origin must issue the certificate, unless they meet the requirements set forth in the following point.  Both documents must be authenticated by the respective Costa Rican consul, and the Ministry of Foreign Affairs of Costa Rica.

• If the applicant is currently a resident investor or resident retiree, or holds a valid residence card, he/she may submit the certificate issued by the Judicial Registry of Costa Rica, rather than the documents mentioned in the preceding point.

b) A certificate from the Registry, or a notary, attesting to the legal capacity of the enterprise (for artificial persons).

c) A sworn affidavit, signed by the interested party (for natural persons) or by the legal representative (for artificial persons), agreeing to the following:

• The exclusive or principal purpose of the enterprise will be tourism related activities.

• The company will notify the proper authorities of any changes of ownership, administrators, business address, firm name, commercial name, or any other changes that may modify the terms of the Tourism Declaration originally granted.

• The company will notify the proper authorities of any changes of address.   If no changes are reported in the means of delivering legal notices, or the place of delivery, it shall be understood that the place and means originally indicated are still valid.

• New projects that are not yet in operation at the time the declaration is applied for, must also declare that they will begin construction within six months of the day the declaration is issued.  If the project does not call for construction, they must declare that operations will begin within that same time frame.

• Lodging establishments that plan to develop new infrastructure must also declare that they agree to comply, in developing said establishments, with the Minimum Requirements related to Equipment and Infrastructure established by the ICT, and detailed in the Guidelines.

d) A copy of the cadastral map recorded in the National Cadastre, indicating the number of the Volume (or page, number and entry), which must coincide with the data on the certificate of ownership (point 4).   If it does not coincide, it must be accompanied by a certified copy from the Cadastre Office or by a notary public.

e) Certification from the Registry, or from the notary stating that the property where the project will be developed, includes all the particulars of the property. If the property does not belong to the enterprise, the interested party must submit a certified copy: of the option to purchase the land, the lease, or the concession contract,  in the case of land located on the shoreline, which must be recorded in the corresponding registry.  If the lessee is an artificial person, the certification of legal capacity must be submitted.

All certificates must have been issued within the last three months.

II-   Technical Requirements.

Companies already in operation that request the Tourism Declaration must:

1. Submit a letter authorizing the Development Department of the ICT to conduct an inspection, for the purpose of evaluating and rating the operation in accordance with the Inspection Guidelines.

2. Submit a copy of the municipal business license and the operation certificate permit issued by the Ministry of Public Health.

3. Not be delinquent in the payment of the 3% lodging tax to the ICT (only for lodging establishments).

4. Obtain, as a result of the inspection and rating exercise mentioned above, the minimum of one “star,” for lodging establishments only.

b) Activity: Travel agency (receptive tourism)

I-  Legal Requirements.

The interested party must submit the following

1. The application for a Tourism Declaration, signed by the interested party (for natural persons) or by the legal representative of the company (for artificial persons), with all signatures duly attested.  The application must identify the activity in which the company will engage, the specific location where it will engage in same, the commercial name of the company, the date on which operations will begin (in the case of a project).

The following documents must also be submitted:

a) A certificate attesting to the fact that the legal representatives of the enterprise (for artificial persons) or the interested party (for natural   persons) has no criminal record.

• If the legal representatives are from Costa Rica, this certificate must be issued by the Judicial Registry

• If they are from another country, INTERPOL or the appropriate entity in their country of origin must issue the certificate, unless they meet the requirements set forth in the following point.  Both documents must be authenticated by the respective Costa Rican consul, and the Ministry of Foreign Affairs of Costa Rica.

• If the applicant is currently a resident investor or resident retiree, or holds a valid residence card, he/she may submit the certificate issued by the Judicial Registry of Costa Rica, rather than the documents mentioned in the preceding point.

b) A certificate from the Registry, or a notary, attesting to the legal capacity of the company (for artificial persons).

c) A sworn affidavit, signed by the interested party (for natural persons) or the legal representative (for artificial persons), agreeing to the following:

• The sole or principal purpose of the company will be Tourism related activities.

• The company will notify the proper authorities of any changes of ownership, administration, business address, firm name, commercial name, or other changes that may modify the terms of the Tourism Declaration originally issued.

• The company will notify the proper authorities of any changes of address.   If no changes are reported in the means of delivering legal notices, or the place of delivery, it shall be understood that the place and means originally indicated are valid.

d) A notarial certificate indicating that it has capital stock totaling at least three million colones.  Natural persons must submit a certificate from a Certified Public Accountant stating that the person has capital stock totaling at least three million colones to invest in this tourism enterprise.  At the beginning of each fiscal year, the ICT will adjust the minimum amount of capital stock required, based on the official rate of devaluation from the preceding fiscal year, as determined by the Central Bank.

e) Three reciprocal agreements with travel agencies overseas, duly authenticated by the corresponding Costa  Rican consul, and by the Ministry of Foreign Relations of Costa Rica.  The authentication by the consul refers to the signature of the person issuing the document, or to the notary that is attesting to the veracity of the signature of the representative of the enterprise issuing the reciprocal agreement.  If the reciprocal agreement is written in a language other than   Spanish, it must be translated into Spanish.

All certificates must have been issued within the last three months.

c) Activity: Vehicle rental companies

I- Legal Requirements.

The interested party must submit the following

1) The application for a Tourism Declaration, signed by the interested party (for natural persons) or by the legal representative of the company (for artificial persons), with all signatures duly attested.  The application must identify the activity in which the company will engage, the specific location where it will engage in same, the commercial name of the company, the date on which operations will begin (in the case of a project).

The following documents must also be submitted:

a) A certificate attesting to the fact that the legal representatives of the firm (for artificial persons) or the interested party (for natural   persons) has no criminal record.

• If the legal representatives are from Costa Rica, this certificate must be issued by the Judicial Registry.

• If they are from another country, the certificate must be issued by INTERPOL or the appropriate entity in their country of origin, unless they meet the requirements set forth in the following point.  Both documents must be authenticated by the respective Costa Rican consul, and the Ministry of Foreign Affairs of Costa Rica.

• If the applicant is currently a resident investor or resident retiree, or holds a valid residence card, he/she may submit the certificate issued by the Judicial Registry of Costa Rica, rather than the documents mentioned in the preceding point.

b) A certificate from the Registry, or a notary, attesting to the legal capacity of the enterprise (for artificial persons).

c) A sworn affidavit, signed by the interested party (for natural persons) or the legal representative (for artificial persons), agreeing to the following:

• The sole or principal purpose of the enterprise will be Tourism related activities.

• The company will notify the proper authorities of any changes of ownership, administration, business address, firm name, commercial name, or other changes that may modify the terms of the Tourism Declaration originally issued.

• The enterprise will notify the proper authorities of any changes of address.  If no changes are reported in the means of delivering legal notices, or the place of delivery, it shall be understood that the place and means originally indicated are valid.

All certificates must have been issued within the last three months.

d) Activity: Airlines

I- Legal requirements.

The interested party must submit the following:

1) Copy of the application for a Tourism Declaration, signed by the interested party (for natural persons) or by the legal representative of the company (for artificial persons), with all signatures duly attested.  The application must identify the activity in which the company will engage, the specific location where it will engage in same, the commercial name of the enterprise, the date on which operations will begin (in the case of a project).

The following documents must also be submitted:

a) A certificate attesting to the fact that the legal representatives of the enterprise (for artificial persons) or the interested party (for natural   persons) have no criminal record.

• If the legal representatives are from Costa Rica, this certificate must be issued by the Judicial Registry.

• If they are from another country, the certificate must be issued by INTERPOL or the appropriate entity in their country of origin, unless they meet the requirements set forth in the following point.  Both documents must be authenticated by the respective Costa Rican consul, and the Ministry of Foreign Affairs of Costa Rica.

• If the applicant is currently a resident investor or resident retiree, or holds a valid residence card, he/she may submit the certificate issued by the Judicial Registry of Costa Rica, rather than the documents mentioned in the preceding point.

b) A certificate from the Registry, or a notary, attesting to the legal capacity of the company (for artificial persons).

c) A sworn affidavit, signed by the interested party (for natural persons) or the legal representative (for artificial persons), agreeing to the following:

• The sole or principal purpose of the enterprise will be Tourism related activities.

• The company will notify the proper authorities of any changes of ownership, administration, business address, firm name, commercial name, or other changes that may modify the terms of the Tourism Declaration originally issued.

• The company will notify the proper authorities of any changes of address.   If no changes are reported in the means of delivering legal notices, or the place of delivery, it shall be understood that the place and means originally indicated are valid.

d) A certificate issued by the Technical Council of Civil Aviation attesting to the fact that the requesting airline is authorized to offer regular air services, and identifying its international and national itineraries.

e) An up-to-date certificate from the Registry, or a notary, attesting to the legal capacity of the enterprise (for artificial persons).

All certificates must have been issued within the last three months.

e)  Activity: Aquatic transportation

I- Legal Requirements.

The interested party must submit:

1. The application for a Tourism Declaration, signed by the interested party (for natural persons) or by the legal representative of the company (for artificial persons), with all signatures duly attested.  The application must identify the activity in which the company will engage, the specific location where it will engage in, the commercial name of the enterprise, the date on which operations will begin (in the case of a project).

The following documents must also be submitted:

a) A certificate attesting to the fact that the legal representatives of the company (for artificial persons) or the interested party (for natural   persons) have no criminal record.

• If the legal representatives are from Costa Rica, this certificate must be issued by the Judicial Registry.

• If they are from another country, the certificate must be issued by INTERPOL or the appropriate entity in their country of origin, unless they meet the requirements set forth in the following point.  Both documents must be authenticated by the respective Costa Rican consul, and the Ministry of Foreign Affairs of Costa Rica.

• If the applicant is currently a resident investor or resident retiree, or holds a valid residence card, he/she may submit the certificate issued by the Judicial Registry of Costa Rica, rather than the documents mentioned in the preceding point.

b) A certificate from the Registry, or a notary, attesting to the legal capacity of the company (for artificial persons).

c) A sworn affidavit, signed by the interested party (for natural persons) or the legal representative (for artificial persons), agreeing to the following:

• The sole or principal purpose of the company will be Tourism related activities.

• The company will notify the proper authorities of any changes of ownership, administration, business address, firm name, commercial name, or other changes that may modify the terms of the Tourism Declaration originally issued.

• The company will notify the proper authorities of any changes of address. If no changes are reported in the means of delivering legal notices, or the place of delivery, it shall be understood that the place and means originally indicated are valid.

d) The interested party must also submit the deed or lease for the pier or wharf where the watercraft will operate, or a copy of the concession contract signed with the local municipality.  If no piers, wharves or docks are available in the zone where the watercraft will operate (and evidence of same is provided), the interested party must submit to the ICT a proposal on alternative facilities or means for the embarkation and disembarkation of passengers.

All certificates must have been issued within the last three months.

II- Technical Requirements.

1. Aquatic transportation companies that opt for the Declaration, must meet all the technical specifications set forth in the regulations on watercraft used exclusively to transport tourists.

2. Companies already in operation must submit the certificate of seaworthiness, issued by the Directorate of Maritime Transportation of the Ministry of Public Works and Transportation, for the companies' existing watercraft.

f) Activity: Travel agency (outbound tourism)

I-Legal requirements.

The interested party must submit the following:

1. The application for a Tourism Declaration, signed by the interested party (for natural persons) or by the legal representative of the company (for artificial persons), with all signatures duly attested.  The application must identify the activity in which the company will engage, the specific location where it will engage in same, the commercial name of the company, and the date on which operations will begin (in the case of a project).

The following documents must also be submitted:

a) A certificate attesting to the fact that the legal representatives of the company (for artificial persons) or the interested party (for natural   persons) have no criminal record.

• If the legal representatives are from Costa Rica, this certificate must be issued by the Judicial Registry.

• If they are from another country, the certificate must be issued by INTERPOL or the appropriate entity in their country of origin, unless they meet the requirements set forth in the following point.  Both documents must be authenticated by the respective Costa Rican consul, and the Ministry of Foreign Affairs of Costa Rica.

• If the applicant is currently a resident investor or resident retiree, or holds a valid residence card, he/she may submit the certificate issued by the Judicial Registry of Costa Rica, rather than the documents mentioned in the preceding point.

b) A certificate from the Registry, or a notary, attesting to the legal capacity of the company (for artificial persons).

c) A sworn affidavit, signed by the interested party (for natural persons) or the legal representative (for artificial persons), agreeing to the following:

• The sole or principal purpose of the company will be Tourism related activities.

• The company will notify the proper authorities of any changes of ownership, administration, business address, firm name, commercial name, or other changes that may modify the terms of the Tourism Declaration originally issued.

• The company will notify the proper authorities of any changes of address.  If no changes are reported in the means of delivering legal notices, or the place of delivery, it shall be understood that the place and means originally indicated are valid.

d) Artificial persons applying to operate as a travel agency must submit a notarial certificate indicating that it has capital stock totaling at least three million colones.  Natural persons must submit a certificate from a Certified Public Accountant stating that the person has capital stock totaling at least three million colones to invest in this tourism company.  At the beginning of each fiscal year, the ICT will adjust the minimum amount of capital stock required, based on the official rate of devaluation from the preceding fiscal year, as determined by the Central Bank.

All certificates must have been issued within the preceding three months.

g) Activity: Eating establishments and night clubs

I. Legal requirements.

The interested party must submit the following documents:

1. The application for a Tourism Declaration, signed by the interested party (for natural persons) or by the legal representative of the company (for artificial persons), with all signatures duly attested.  The application must identify the activity in which the company will engage, the specific location where it will engage in same, the commercial name of the company, the date on which operations will begin (in the case of a project).

The following documents must also be submitted:

a) A certificate attesting to the fact that the legal representatives of the company (for artificial persons) or the interested party (for natural persons) has no criminal record.

• If the legal representatives are from Costa Rica, this certificate must be issued by the Judicial Registry.

• If they are from another country, the certificate must be issued by INTERPOL or the appropriate entity in their country of origin, unless they meet the requirements set forth in the following point.  Both documents must be authenticated by the respective Costa Rican consul, and the Ministry of Foreign Affairs of Costa Rica.

• If the applicant is currently a resident investor or resident retiree, or holds a valid residence card, he/she may submit the certificate issued by the Judicial Registry of Costa Rica, rather than the documents mentioned in the preceding point.

b) A certificate from the Registry, or a notary, attesting to the legal capacity of the company (for artificial persons).

c) A sworn affidavit, signed by the interested party (for natural persons) or the legal representative (for artificial persons), agreeing to the following:

• The sole or principal purpose of the company will be Tourism related activities.

• The company will notify the proper authorities of any changes of ownership, administration, business address, firm name, commercial name, or other changes that may modify the terms of the Tourism Declaration originally issued.

• The company will notify the proper authorities of any changes of address.  If no changes are reported in the means of delivering legal notices, or the place of delivery, it shall be understood that the place and means originally indicated are valid.

• New projects that are not yet in operation at the time the declaration is applied for must also declare that they will begin construction within six months of the day the declaration is issued.  If the project does not call for construction, they must declare that operations will begin within that same time frame.

• Eating establishments and night clubs that plan to develop new infrastructure must also declare that they agree to comply, in developing same, with the requirements related to equipment and minimum infrastructure established by the ICT, and detailed in the Guidelines.

All certificates must have been issued within the last three months.

II. Technical requirements.

Companies that are already in operation and apply for a tourist declaration must:

1. Submit a letter authorizing the Development Department of the ICT to   conduct an inspection, for the purpose of evaluating and rating the operations as provided for in the inspection guidelines published in these regulations.

2. Submit a copy of the municipal business license and the operating permit issued by the Ministry of Public Health.

3. Obtain, as a result of the inspection and rating exercise mentioned above, the minimum category of “one fork” (symbol used to classify eating establishments) in the case of restaurants, and “two glasses” in the case of night clubs. (The fork and the glasses are symbols used to classify eating establishments and night clubs, respectively).


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