Property of a naval nature placed in judicial deposit in favor of the National Coast Guard Service, in the event it is declared forfeit (comiso), shall be transferred in favor of the Service. Such property is understood to mean vessels (embarcaciones), ships (buques), boats (botes) of all types, outboard motors, personal watercraft (motos acuáticas), and any category of navigation implements or equipment entered into the national patrimony.
In accordance with the preceding paragraph, in the event that the forfeited (comisados) property is not of interest or utility for the police duties of the National Coast Guard Service, the Service is authorized to deliver it as payment for the acquisition of equipment, spare parts, and other material needs, subject to the prior approval of the Comptroller General of the Republic (Contraloría General de la República) and through the legal procedures in force.
It is also authorized to donate it, through the Donations Commission (Comisión de Donaciones) of the Ministry of Public Security, to public institutions or bodies of the Public Administration with competencies in or located in coastal or riverine zones and for their use therein; to municipalities with coastal, riverine, or lacustrine zones; to fishing organizations that intend to venture into productive activities other than fishing, that provide the due certification thereof and that through this reconversion reduce the existing overfishing effort in national waters; to community development associations, formally constituted in accordance with Law 3859, Law on Community Development, of April 7, 1967, and to associations created under Law 218, Law of Associations, of August 8, 1939, the latter also from coastal or riverine zones, declared of public interest, of social interest, or non-profit, as well as to other organizations declared of public interest, of social interest, or non-profit registered in the registry of institutions eligible to receive donations from the General Directorate of Asset Management and Administrative Procurement (Dirección General de Administración de Bienes y Contratación Administrativa) of the Ministry of Finance, and to state educational centers or institutions located in the indicated zones.
In the case of vessels (embarcaciones) found abandoned by the National Coast Guard Service, it shall publish in the official gazette, on a single occasion, an edict making the finding known to third parties, granting a period of one month to claim rights over the property. Once the indicated period has elapsed without a claim over the property having been made, the National Coast Guard Service shall proceed to communicate the publication to the corresponding judge of the Contentious-Administrative and Civil Treasury Jurisdiction (Jurisdicción Contencioso Administrativo y Civil de Hacienda). The judge shall immediately order the forfeiture (comiso) in favor of the National Coast Guard Service, which shall dispose of the property in accordance with this law. The publication of the cited edict shall have no cost for the National Coast Guard Service.
Registrable property fallen into forfeiture (comiso) to the National Coast Guard Service, which for any reason established in this law is not going to be used by the Service, may be donated or destroyed in accordance with the law, without the need to be previously registered in the corresponding public registry, for which purpose the certified record of the Donations Commission (Comisión de Donaciones) of the Ministry of Public Security shall be a valid instrument for the registration of the property before the competent registry by the donees.
When non-registrable property, fallen into forfeiture (comiso) in favor of the National Coast Guard Service, is not suitable for its functions, whether due to its structural conditions, purposes, or nature, and its donation proves unviable, dangerous, or inconvenient, the National Coast Guard Service is authorized to destroy the property. The waste resulting from such destruction may be donated as established in this law.
SINGLE TRANSITORY PROVISION- The National Coast Guard Service is authorized to discard and destroy all types of vessels (embarcaciones) and navigation equipment in its possession that represent a health hazard due to their state of deterioration, provided they are not evidence in a judicial process and no interested party action has occurred in the last two years. For such purposes, the National Coast Guard Service shall publish, on a single occasion in the official gazette, the detailed list with all the characteristics of the vessels (embarcaciones) and navigation equipment to be destroyed. One month after the publication, without a claim over the property having been made, the destruction and discarding shall proceed, with a dossier (expediente) needing to be prepared for this purpose, which must include a technical appraisal issued by the Maintenance Section, a discarding resolution issued by the Legal Advisory Office, and a destruction record issued by the Administrative Department, all of the National Coast Guard Service.
It enters into force upon its publication.
Given at the Presidency of the Republic, San José, on the thirteenth day of the month of December of the year two thousand twenty-three.
LET IT BE EXECUTED AND PUBLISHED.