1. 2. 3.
FIRMS ADMINISTRATING INDUSTRIAL PARKS
INSTRUCTIONS FOR COMPLETING THE APPLICATION FOR ADMISSION TO
THE FREE TRADE
ZONE INCENTIVE SYSTEM AS A FIRM ADMINISTRATING AN INDUSTRIAL
PARK
GENERAL INDICATIONS
This application may be filled out in your computer or typed.
The information must be provided in Spanish.
The application must be presented in original to the
Operations Department
This document will be annulled if it contains erasures,
crossed out portions or any other irregularity indicative of doubts in regards
to its authenticity.
4. The signature of the legal representative must be placed
on the first form. Said representative must be the representative with a full
power of attorney with no limitations as to amount, or in his absence by a
representative with special powers duly authorized to execute said act. If he
or she so desires he or she may sign each of the forms of the application.
FORMS DETAIL:
FORM 1.
GENERAL INFORMATION ON THE COMPANY.
1. Applicant’s name
:
Name of natural person or artificial person
2. Identification number
:
Applicant’s legal identification card number (corporate or personal)
3. Type of park: Indicate if it is a park for processing
companies or a mix, or a park for commercial companies.
4. Type of Operation
:
It should be stated whether the company will operate independently,
or as a Subsidiary or Branch.
5. Company Status
: It
should be stated whether the company is in an operational stage or a project
stage.
6. Address and location of the project:
Office:
This
refers to the place where the facilities of the industrial park will be
located.
1. Scope of the activity:
1.1 Date of initiation of operations:
This refers to the date when the company first
carries out any activity under this Incentive System.
1.2 Date of initiation of productive operations:
This refers to the date when the first
services are delivered under this Incentive System.
1.3 Amount of the Total Investment:
The projected value of the total investment in U.
S. Dollars, additionally, the origin in percentage terms, whether foreign or
national, must be indicated. See details in Form 03.
1.4 Total project area, in square meters:
Indicate the number of square meters of
construction dedicated to the activities of the company, as well as whether
this area is owned by the company, whether it is under construction, etc.
1.5 Number of companies that will be established:
Indicate the number of companies that will
be set up in the Free Trade Zone, as well as their size.
1.6 Date the company expects to meet the minimum investment
requirement. This
refers to the date
when the company expects to comply with this legal requirement.
1.7 Date the company expects to meet the total investment
requirement: This
refers to the date
when the company expects to make its total investment.
1.8 Number of personnel required during the pre-operational
stage:
This refers to the personnel
needed by the company during this stage.
1.9
.Detail
on the number of personnel required when the company becomes fully operational:
The applicant must provide a detailed
breakdown of the amounts paid in colones on account of monthly payroll,
including payroll taxes, the number and type of employees (professionals,
production workers, others, (for
example: (miscellaneous employees,
unskilled supervisors, maintenance technicians, etc.), hired to carry out the
company’s business activity. This information should be indicated for the period
when the company expects to be fully operational.
1.10 Date when employment requirements reach a fully operational
level:
This refers to the date when the
company hires all the personnel required at the time the company has reached a
fully operational level.
2. Address for notifications within the metropolitan area:
If necessary, for notification purposes, the
place of business of the company’s legal representative should be indicated in
the case of a legal entity, or the place of business of the natural person when
it corresponds to the applicant.
Name, identity card number or passport, and qualities of
the company’s legal representative
;
Name, signature and identification number of the legal representative: Full
name, signature and identification number of the natural person or the legal
representative of an artificial person requesting the system, which must be
the representative with full power of attorney without limitation as to amount
or in his absence, a representative with special powers duly authorized to
execute said act. when the applicant is a natural person, the name should be
the same name shown on form number one.
Authentication (signature and seal):
This authentication should be carried out by a
Notary Public, said document is subject to payment of the amount due to the
Bar Association of Costa Rica (Colegio de Abogados de Costa Rica.
FORM 02
FINANCING SOURCES:
The financing sources required by the company for total
investments in fixed assets, should be indicated, This information should be
consigned as follows: equity capital, national banks, private banks, foreign
banks, etc.
FORM 03
TIMETABLE OF INVESTMENT IN FIXED ASSETS:
In this box, the following must be detailed:
The investment already
made before presenting the application to enter the System, only in the case of
companies already established in the country; and
The amount of the
investment projected for the year, broken down by land, constructions and
machinery and equipment. The years begin as of the date of the application to
the Free Trade Zone System.
The improvements in buildings will be included in the amount
of the investment as long as they are entered into the accounting records as
fixed assets and are subject to depreciation. This must be indicated under the
heading "Constructions".
The new initial investment of $150,000,00 for companies
within the park or $2.000.000,00 for companies located outside the park, is
required by law in order to enter into this system, and said investment must be
completed within a term that in no case can exceed two years as of the date of
acceptance into the System.
The obligation to comply with the
initial
minimum new investment amount in fixed assets is independent of the obligation
to comply with the total investment amount pledged by the company
FORM 04
MACHINERY AND EQUIPMENT:
This form should indicate all the machinery and equipment the
company needs to import under the System, indicating the SAC Code, the
description, use, and the
TOTAL U.S.$
CIF value.
NOTE: Should additional space be needed, extra sheets may be
used, following the same format.
FORM 05
OPERATIONAL EXPENSES AND CALCULATIONS OF THE DOMESTIC VALUE
ADDED OF THE COMPANY:
This refers to the expenditures to be incurred by the company
for its operation and the necessary information to apply the domestic value
added formula.
The period must comprise twelve months as of the date the
present system is granted and they must be submitted in colones.
The formula for the calculation of the domestic value added
is the following:
XFOB – MCIF
+ .
INV – R – T
_______________________
* 100
DVA =
XFOB
Where:
XFOB = FOB Exports (total sales)
MCIF = CIF Imports of Raw Materials
. Inv = Variation in Inventories (final inventory less
initial inventory) which will be equal to cero (0) for these companies.
R = Remittances ( remittances of foreign currency or
repatriation of capital )
T = Net Taxes (the amount of any tax paid to the State)
This is very important information as, in accordance with the
Free Trade Zone Law and its Regulations, the company is not allowed to decrease
the percentage of the Domestic Value Added which was consigned in the original
request, while operating under this Incentive System. Non-compliance with this
obligation shall be cause for the imposition of applicable sanctions.
DOCUMENTS TO BE SUBMITTED:
1. A document containing a detailed description of the
background information and experience if any of the company in related or
similar activities that it will carry out under the System.
2. When the real estate proposed to tender under the Free
Trade Zone System does not belong the company, a document must be presented
with the application wherein the proprietor expressly consents for his real
estate to be affected by the Free Trade Zone System and he pledges to comply
with the pertinent laws and regulations particular to the Free Trade Zone
System, under the terms required by PROCOMER and the General Customs Law
.
3. Master Plan of the development proposed for the park
indicating the stages and the pertinent terms.
4. A three year projection of the financial statements
(Earnings Statement and Balance Sheet)
5. Cadastral Plan duly certified by the National Cadastre
6. A report from the National Registry on the land where the
park will be located.
7. An updated notarized certification containing the dates and
citations of the registration of the company in the Public Registry; legal
identification card and corporate identification card, name and address of the
resident agent when the legal representatives of the company reside abroad;
amount and composition of the capital stock. Name of the partners based on the
shareholders register.
8. Photocopy of the corporate identification card of the legal
identification card of the applicant, as it may correspond.
9. Sworn statement before a Notary Public indicating the
following: (a sample of the form is attached)
That the applicant and its
partners and directors are current in their tax obligations in Costa Rica.
That the company, its
shareholders, directors, employees or managers have not been sanctioned through
a definite resolution of executive action for having incurred in administrative,
customs, tax or custom tax violations. Likewise, that they have not been
sanctioned through a definite resolution by process of law for having incurred
in tax or customs crimes.
That the income tax exemption
will not be discounted in accordance with the fiscal laws of the country of
origin.
That the applicant has not
previously benefited from the incentives granted under this system.
10. Detailed information of the contamination produced by the
activity duly issued by a qualified professional to that effect and duly
incorporated to the respective professional association; or else copy of the
form presented before the pertinent department of the Ministry of the
Environment and Energy in regards to the environmental impact study, when it may
correspond in accordance with what is set forth in Decree N° 25705 of the SETENA,
Articles 19 through 22.
Please refer
to Section 7.2 (SETENA)
FORM 01
APPLICATION FOR ADMISSION TO THE FREE TRADE ZONE INCENTIVE
SYSTEM AS A COMPANY ADMINISTRATING FREE TRADE ZONE INDUSTRIAL PARKS
1. Applicant’s
name___________________________________________________________________________
2. Identity card number
________________________________________________________________________
3. Type of Park : Park for
processing companies or mixed. Park for
commercial and/or service companies
4. Type of operation: Independent Subsidiary or Branch
In the case a dependence relationship or home office exists,
please indicate its exact address
__________________________________________________________________________________________
5. Status of the company: Company in Operation Project
6. Address and location of the project
6.1
Offices:___________________________________________________________________________
Telephone __________________ Fax__________________ P. O.
Box_________________________
e-mail___________________________________________
7. Scope of the activity
7.1 Date of initiation of operations
_______________________________________
7.2 Date of initiation of productive operations
_____________________________
7.3 Total investment amount in U.S.$___________________
Domestic ________% Foreign ________%
7.4 Construction area (square meters)
_______________________________
Wholly owned Under construction Other
7.5 Number of companies to be
installed____________________________________
7.6 Date of compliance with the minimum investment
requirement ________________
7.7 Date of compliance with the total investment requirement
____________________
7.8 Number of personnel required during the pre-operational
stage _______________
FORM 02
7.9 Detail of the number of personnel required when the
company becomes fully operational:
|
CLASSIFICATION |
NUMBER |
PAYROLL AMOUNT (COLONES) |
|
PROFESSIONALS |
|
|
|
PRODUCTION WORKERS |
|
|
|
OTHER |
|
|
|
TOTAL |
|
|
7.10 Date when employment requirements will reach a fully
operational level______________
8. Address for notifications within the metropolitan area
____________________________________________
__________________________________________________________________________________________
_________________________________ ___________________
__________________________________
Name of legal representative Signature Legal identification
number
Authentication (signature and
seal)______________________________________________________________
The signature consigned on this form, as well as the
pertinent Operations Contract, should pertain to a legal representative holding
full powers of attorney with no limitations as to amount, or in absence thereof,
a special representative duly authorized to carry out these acts.
FORM 02
FINANCING SOURCES FOR THE PROJECT
|
FINANCING SOURCES |
DOLLARS
(U.S.$) |
PERCENTAGE
(%) |
|
NATIONAL EQUITY CAPITAL |
|
|
| 1.
|
|
|
| 2.
|
|
|
|
NATIONAL BANKING SYSTEM |
|
|
|
PUBLIC AND/OR PRIVATE |
|
|
| 1.
|
|
|
| 2.
|
|
|
| 3.
|
|
|
| 4.
|
|
|
|
TOTAL DOMESTIC |
|
|
|
FOREIGN EQUITY CAPITAL |
|
|
| 1.
|
|
|
| 2.
|
|
|
|
FOREIGN BANKS
PUBLIC AND/OR FOREIGN |
|
|
| 1.
|
|
|
| 2.
|
|
|
| 3.
|
|
|
| 4.
|
|
|
|
OTHER SOURCES |
|
|
| 1.
|
|
|
| 2.
|
|
|
|
TOTAL FOREIGN |
U.S.$ |
|
|
TOTAL FINANCING |
U.S.$ |
|
Should additional space be required,
please use extra sheets, following the same format.
FORM 03
TIMETABLE OF INVESTMENT IN FIXED ASSETS
(in millions of U.S. Dollars)
|
|
INVESTMENT BY PERIOD IN THE SYSTEM (US$)
|
|
DETAIL OF INVESTMENT |
INVESTMENT BEFORE THE SYSTEM (US$) |
YEAR 1 |
YEAR 2 |
YEAR 3 |
YEAR 4 |
| Land
|
|
Constructions |
|
MACHINERY & EQUIPMENT |
|
|
|
|
|
| Offices
|
| Other
Fixed Assets |
|
|
|
|
|
|
TOTAL |
|
|
|
|
|
FORM 04
MACHINERY AND EQUIPMENT
(Substantiate use in extra sheets)
|
DESCRIPTION |
CIF VALUE (U.S.$) |
ORIGIN |
CONDITION |
|
NEW |
USED |
|
TOTAL |
$ |
|
|
|
FORM 05
OPERATION EXPENSES
The Amounts must be entered in Annual terms and submitted in
Colones
PERIOD______________
|
DESCRIPTION |
TOTAL COST |
|
DOMESTIC |
FOREIGN |
|
Salaries and Wages (*) |
|
|
|
Social Benefits (*) |
|
|
|
Public Services (Power, Telephone, Fax, Water)
(*) |
|
|
|
Payment for the Use of the System |
|
|
|
Administrative Expenses |
|
|
|
Financial Expenses |
|
|
|
Production Expenses |
|
|
|
Sales Expenses |
|
|
|
Other Expenses |
|
|
|
SUBTOTAL (DOMESTIC AND FOREIGN)
|
˘ |
˘ |
|
TOTAL |
˘ |
* Exclude all other costs previously indicated
CALCULATION OF THE DOMESTIC VALUE ADDED (DVA) OF THE COMPANY
|
DESCRIPTION |
AMOUNT ˘ |
| FOB
Exports |
|
| CIF
Imports |
|
|
Variation in Inventories |
|
|
Remittances |
|
| Net
Taxes |
|
|
PERCENTAGE OF DVA TO MAINTAIN (%) |
|
In accordance with the Free Trade Zone Law and pertinent
Regulations, the company is not allowed to decrease the Domestic Value Added
percentage committed in its original request, while operating under this
Incentive System. Non-compliance with this obligation shall be cause for the
imposition of the applicable sanctions.
SWORN STATEMENT TO REQUEST ACCESS TO THE FREE TRADE ZONE
SYSTEM
DEED NUMBER …………: Before me, ……………… Notary Public with
offices in the city of …………….., appears:
(name and capacities of the legal representative of the
company), in my capacity as ………….……. of the company
………… corporate identification number ………….. representation to
which the undersigned Notary gives credence in view of the documents in the
Public Registry, section …………., volume…………..folio………. and entry…………, WHO IN
WITNESS OF THE OATH DECLARES: First: That my company or investment development
project have not previously benefited from any incentive system. Second: That my
company, shareholders or directors are current with their tax obligations in
Costa Rica. Third: That my company, its shareholders, directors, employees or
managers have not been sanctioned in regards to activities of the company by
means of a definite resolution of executive action have having incurred in
administrative, customs, tax of custom duty violations, nor have they been
sanctioned through a definite resolution by process of law for having incurred
in customs or tax crimes. Fourth: That my company, its shareholders, or any
potential beneficiary cannot discount in their country of origin the tax
exemptions in Costa Rica. Fifth: That I am aware that giving false information
in the application to the Free Trade Zone System may imply a reversal of the
system in accordance with Article 32, clause a) of the Law No. 7210, Law on the
Free Trade Zone System and its amendments. This sworn statement is given, having
been advised of the penalties with which crimes of false testimony and perjury
are punished in the Penal Code and reiterates that said information is
legitimate and true and has given them under oath. It is All. Granted on …………at
……hours of the………of……….of the year………….. – Signature of the person appearing
before the Notary. – Signature of the Notary. THE ABOVE IS A TRUE AND EXACT COPY
OF THE DEED NUMBER………… VISIBLE AT FOLIO ……. OF VOLUME NUMBER ……… OF THE PROTOCOL
OF THE UNDERSIGNED NOTARY. CONFRONTED WITH ITS ORIGINAL IT IS IN COMPLIANCE AND
I ISSUE IT AS A FIRST TESTIMONY IN THE SAME ACT OF ITS GRANTING.
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CONTACT ME:
E-mail:
andresz@racsa.co.cr
Phone:
(506) 235-6669
Fax: (506)
241-5364
Mobile:
(506) 391-5088
P.O. Box
400 - ZP 1005 San José, Costa Rica
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E-mail:
andresz@racsa.co.cr
Phone:
(506) 235-6669
Fax: (506)
241-5364
