The violations of this law shall be reported to the competent judicial authority and, if timber or other forest products are seized, the referred authority, following an appraisal carried out by the State Forestry Administration (Administración Forestal del Estado), shall auction them off in a public auction within a period no longer than one month, counted from the date on which the report was filed. Those forest products may not be auctioned for a value lower than that set by the State Forestry Administration.
If after that period has elapsed the timber or forest resources have not been auctioned, any person may utilize them upon depositing, with the court, the value assigned by the Forestry Administration.
The proceeds from the auction shall be deposited in the account of the corresponding judicial authority, while the respective proceeding is being determined. If the accused is absolved, the money shall be delivered to them; otherwise, fifty percent (50%) shall correspond to the State Forestry Administration and the other fifty percent (50%) to the municipalities of the place where the farm from which the raw material was extracted is located, or where the industry is located, or to the authority of the indigenous community, if it is an indigenous territory, to be allocated to the development of projects for the benefit of the community; all of this without prejudice to the criminal liabilities determined for the offenders.
In the case of timber that comes into the possession of the Ministry of Environment and Energy (Ministerio de Ambiente y Energía, MINAE) as a result of a natural disaster or from the expansion or maintenance of roads, whether national or cantonal routes, provided that the owners of the forest resource are unknown, or of seized timber that has not been awarded at auction or acquired in accordance with the provisions of this article, once the conviction is final, the Ministry of Environment and Energy (MINAE) is authorized to:
- a)Utilize said timber in works required for the improvement of infrastructure in protected wilderness areas (áreas silvestres protegidas).
- b)Donate said timber, upon application by interested parties, to the Ministry of Public Education (Ministerio de Educación Pública, MEP), to municipalities, community development associations (asociaciones de desarrollo), foundations, and other non-profit organizations. Should there be a plurality of petitions, the timber shall be delivered according to the order of presentation of the respective application.
Donation applications from community development associations, foundations, and other non-profit organizations must meet the following requirements:
1- Provide current legal capacity documentation (personería jurídica).
2- Present a detailed plan on the specific use to which the timber or forest resources will be subjected.
3- Provide a note stating that the entity has no ties to political parties.
4- If it has previously received a donation of this type, it must provide an accountability report on the use given to said donation.
The Ministry of Environment and Energy (MINAE) must verify that the requesting organization is current in its tax obligations and obligations with the Costa Rican Social Security Fund (Caja Costarricense de Seguro Social, CCSS) and the Social Development and Family Allowances Fund (Fondo de Desarrollo Social y Asignaciones Familiares, FODESAF).
Community development associations, foundations, and other non-profit organizations that have received this type of donation and fail to comply with the specific use of the timber or forest resources cited in the application must reimburse the commercial value of the donation to the State.
The Ministry of Public Education (MEP) shall allocate that timber to manufacture furniture or repair infrastructure in public schools and high schools, or to use it as raw material in the subjects of cabinetmaking, lathe work, carpentry, and others taught by state schools and high schools, while non-profit organizations shall allocate it to the fulfillment of their objectives.
It takes effect as of its publication.
Issued at the Presidency of the Republic, San José, on the twenty-fifth day of the month of March of the year two thousand twenty-six.