Costa Rica: Changes in the Regulations to the Free Trade Zone Law
Costa Rica: Changes in the Regulations to the Free Trade Zone Law

In March it was published the Decree No. 43934-COMEX-H that indicates some changes to the Regulations to the Free Trade Zones Law (RFTZ), that seek to encourage the generation of business outside the Greater Metropolitan Area (GMA).

These changes are related to what was already modified in the Free Trade Zone Law in 2022, through which the following new categories had been included for those companies that settle outside GAM:

g) Human health service center companies.

h) Companies supplying raw materials to FTZ entities.

i) Companies developing sustainable adventure parks.

By amending the regulation, the following is established:

  • The initial new investment for entities located outside GMA is USD 100,000 for companies located within a FTZ Park, and USD 250,000 for companies located outside ZF Park.
  • In the case of category g, which offers ophthalmology, orthodontics, dentistry and cosmetic or reconstructive surgery services, they must invest at least USD 5,000,000 within FTZ park, and USD 10,000,000 outside a FTZ park. Hospital entities that make an investment of USD 140,000,000 USD may also be part of this category.
  • In the case of adventure park development companies, they must invest 5,000,000 USD.
  • In addition, the new chapter XXVI was added to the Regulation to the Free Zone Law, which talks about new types of investment. Previously it was understood that what was considered part of the new investment level furniture and equipment, property improvements, land, buildings, works in process, software, among others. Investment in public infrastructure and investment in human capital are now included, the latter two may represent up to 50% of the total amount of the committed investment.
  • Finally, it includes the procedure to opt for the benefits of companies located outside GMA, belonging to the FTZ Regime, since these companies could pay fewer employer social charges, this as established in the "Law on strengthening territorial competitiveness to promote the attraction of investments outside the Greater Metropolitan Area". For this, companies must have a minimum of 30 employees.

The content of this newsletter is merely informative, that´s why it cannot be used under any circumstances as advice on the matter described in it. If you need advice on any of the aspects discussed, our team of professionals will be willing to assist you.