Entities subject to the obligations in this law, as indicated in Article 14, shall be sanctioned by the competent oversight and supervisory body (órgano de supervisión y fiscalización), taking into consideration the seriousness of the fault, the magnitude of the damage, and recidivism, in the following manner:
- a)With a fine of zero point five percent (0.5%) to two percent (2%) of the equity (patrimonio), understood as the share capital, plus capital contributions and accumulated profits and losses, in the following cases:
1.- When they fail to record, within the deadline, on the form designed by the competent oversight and supervisory body, the inflow or outflow of transactions, including transfers from abroad or to it, in national or foreign currency, equal to or greater than ten thousand United States dollars (US $10,000.00).
2.- When, in the multiple transactions referred to in Article 23 of this law, the recording is not made on the form designed by the competent oversight and supervisory body.
3.- When the deadlines set by the corresponding oversight and supervisory body for the submission of the form referred to in sub-paragraph 1) above are not met.
4.- When they breach the provisions regarding: a) identification of clients and client due diligence (debida diligencia del cliente), including the source or origin of the funds, b) maintenance and availability of records under the terms set forth in Article 16 of this law, and that provided for by the prudential regulations approved by the National Council for Supervision of the Financial System (Consejo Nacional de Supervisión del Sistema Financiero), c) the provisions and controls regarding politically exposed persons, d) the emergence of new technologies, e) reliance on third parties, f) internal controls and the application of measures in foreign branches and subsidiaries, g) controls regarding higher-risk countries, h) reporting of suspicious operations, including attempts, i) confidentiality and mandatory compliance programs.
5.- When they have not implemented procedures for the detection, control, and communication of suspicious financial transactions or attempts thereof, under the terms set forth in Articles 24 and 25 of this law, or refuse to deliver, to the bodies authorized by law, the information and documentation necessary regarding suspicious operations, or when they make said information available to unauthorized persons, in contravention of Article 18 of this law.
6.- When they fail to adopt, develop, or do so deficiently, the programs, rules, procedures, and internal controls to prevent money laundering (legitimización de capitales) and the financing of terrorism, and when they fail to appoint the officials responsible for monitoring compliance with said controls, programs, and procedures.
7.- When they fail to deliver to the competent oversight and supervisory body the information requested from them, in the form and within the deadlines determined by such body.
8.- When they refuse to deliver, to the Financial Intelligence Unit (Unidad de Inteligencia Financiera) of the Costa Rican Drug Institute (Instituto Costarricense sobre Drogas, ICD), the complete information and documentation on suspicious and attempted operations, or when the information delivered is partial.
9.- When they refuse to deliver, to the Financial Intelligence Unit of the Costa Rican Drug Institute, any information requested by that Unit within the framework of ongoing investigations.
10.- When they refuse to deliver to the bodies authorized by law the information and documentation necessary for the investigations and processes pursued for crimes, pursuant to Article 17 of this law.
11.- When they make information available to unauthorized persons in contravention of Article 18 of this law.
The natural or legal persons (personas físicas o jurídicas) identified in Article 15 of this law shall be sanctioned by the competent oversight and supervisory body, taking into consideration the seriousness of the fault, the magnitude of the damage, and recidivism, in the following manner:
- a)With a fine of five percent (5%) to fifty percent (50%) of the total amount of the transaction carried out, in the following cases:
1.- When they fail to record, within the deadline, on the form designed by the competent oversight and supervisory body, the inflow or outflow of transactions, including transfers from abroad or to it, in national or foreign currency, equal to or greater than ten thousand United States dollars (US $10,000.00).
2.- When, in the case of multiple transactions referred to in Article 23 of this law, they fail to make the recording on the form designed by the competent oversight and supervisory body.
3.- When the deadlines set by the corresponding oversight and supervisory body for the submission of the form referred to in sub-paragraph 1) above are not met.
- b)With a fine of two to one hundred base salaries (salarios base), as defined in Article 2 of Law No. 7337 of May 5, 1993, in the following cases:
1.- When they breach the provisions regarding: a) identification of clients and client due diligence, including the source or origin of the funds; b) maintenance and availability of records under the terms set forth in Article 16 of this law, as well as that provided for by the prudential regulations approved by the National Council for Supervision of the Financial System; c) the provisions and controls regarding politically exposed persons; d) the emergence of new technologies; e) reliance on third parties; f) internal controls and the application of measures in foreign branches and subsidiaries; g) controls regarding higher-risk countries; h) reporting of suspicious operations, including attempts; i) confidentiality and mandatory compliance programs.
2.- When they have not implemented procedures for the detection, control, and communication of suspicious financial transactions or attempts thereof, under the terms set forth in Articles 24 and 25 of this law, or refuse to deliver, to the bodies authorized by law, the information and documentation necessary regarding suspicious operations, or when they make said information available to unauthorized persons, in contravention of Article 18 of this law.
3.- When the natural or legal persons identified in Article 15 of this law refuse to register with the Superintendencia General de Entidades Financieras.
4.- When they fail to adopt, develop, or do so deficiently, the programs, rules, procedures, and internal controls to prevent money laundering and the financing of terrorism, and when they fail to appoint the officials responsible for monitoring compliance with said controls, programs, and procedures.
5.- When they fail to deliver to the competent oversight and supervisory body the information requested from them, in the form and within the deadlines determined by such body.
6.- When they refuse to deliver, to the Financial Intelligence Unit of the Costa Rican Drug Institute, the complete information and documentation on suspicious and attempted operations, or when the information delivered is partial.
7.- When they refuse to deliver, to the Financial Intelligence Unit of the Costa Rican Drug Institute, any information requested by that Unit within the framework of ongoing investigations.
8.- When they refuse to deliver to the bodies authorized by law the information and documentation necessary for the investigations and processes pursued for crimes, pursuant to Article 17 of this law.
9.- When they make information available to unauthorized persons in contravention of Article 18 of this law.
The natural or legal persons identified in Articles 15 bis and 15 ter of this law shall be sanctioned by the Superintendencia General de Entidades Financieras (Sugef) or the National Directorate of Notaries (Dirección Nacional de Notariado), as applicable, taking into consideration the seriousness of the fault, the magnitude of the damage, and recidivism, in the following manner:
- a)With a fine of five percent (5%) to fifty percent (50%) of the total amount of the transaction carried out, in the following cases:
1.- When they fail to record, on the form designed by the oversight and supervisory body, the inflow or outflow of transactions, including all transfers from abroad or to it, in national or foreign currency, equal to or greater than ten thousand United States dollars (US $10,000.00).
2.- When, in the case of multiple transactions referred to in Article 23 of this law, they fail to make the recording on the form designed by the oversight and supervisory body.
- b)With a fine of two to one hundred base salaries, as defined in Article 2 of Law No. 7337 of May 5, 1993, in the following cases:
1.- When they breach the provisions regarding: a) identification of clients and client due diligence, including the source or origin of the funds; b) maintenance and availability of records under the terms set forth in Article 16 of this law, as well as that provided for by the prudential regulations approved by the National Council for Supervision of the Financial System or the National Directorate of Notaries, as applicable; c) the provisions and controls regarding politically exposed persons; d) the emergence of new technologies; e) reliance on third parties; f) internal controls and the application of measures in foreign branches and subsidiaries; g) controls regarding higher-risk countries; h) reporting of suspicious operations, including attempts; i) confidentiality and mandatory compliance programs.
2.- When the persons, natural or legal, identified in Article 15 bis of this law, refuse to register with the oversight and supervisory body.
3.- When they fail to adopt, develop, or do so deficiently, the programs, rules, procedures, and internal controls to prevent money laundering and the financing of terrorism, and when they fail to appoint the officials responsible for monitoring compliance with said controls, programs, and procedures.
4.- When they fail to deliver to the oversight and supervisory body the information requested from them, in the form and within the deadlines determined by such body.
5.- When they refuse to deliver, to the Financial Intelligence Unit of the Costa Rican Drug Institute, the complete information and documentation on suspicious and attempted operations, or when the information delivered is partial or erroneous.
6.- When they refuse to deliver, to the National Directorate of Notaries and the Financial Intelligence Unit of the Costa Rican Drug Institute, any information requested by that Unit within the framework of ongoing investigations.
7.- When they refuse to deliver to the bodies authorized by law the information and documentation necessary for the investigations and processes pursued for crimes, pursuant to Article 17 of this law.
8.- When they make information available to unauthorized persons, in contravention of Article 18 of this law.
The amounts of the fines referred to in this article shall be determined in accordance with the volume of business, the number of transactions, and the geographic location, and must be paid within eight business days following notification of the imposed fine. If the fine is not paid within the established period, it shall bear a surcharge for late payment (recargo por mora) of three percent (3%) per month on the original amount, which must be advised by the corresponding supervisory body.
The money derived from the imposition of the fines described in this article shall be deposited into a special account in the name of the Costa Rican Drug Institute, which, through the Financial Intelligence Unit, shall allocate said funds solely to the development of programs and projects that strengthen the effective compliance with this regulation and the related projects and programs of the institutions involved in Articles 15, 15 bis, and 15 ter of this law.
The oversight and supervisory bodies established in Article 14 of this law, as well as the Costa Rican Drug Institute, shall maintain an updated list of the final sanctions (sanciones firmes) applied to natural and legal persons for the faults indicated in this article, a list which shall be of public interest, and its publication is authorized by the means and in the form that those bodies deem pertinent.
(Thus reformed by the sole article of Law No. 9449 of May 10, 2017)