Natural or legal persons carrying out the following activities must comply with the same obligations established in subsections a) through i) of the preceding article, according to the scope compatible with their respective nature, including the duty to register with the General Superintendency of Financial Institutions (Sugef), without this being interpreted as authorization to operate, and must submit to the supervision of this Superintendency regarding the prevention of money laundering, terrorist financing, and the financing of the proliferation of weapons of mass destruction, under a risk-based approach established by the National Council for Supervision of the Financial System (Conassif) through prudential regulation, including the sanctioning regime established in Article 81 of this law. This regulation must be previously consulted with the regulated sectors. Only by reasoned resolution may Conassif depart from the opinion of the regulated sectors.
The following persons who carry out the following activities shall be subject to this obligation:
- a)Casinos.
- b)Natural or legal persons engaged professionally and habitually in the purchase and sale of real estate.
- c)Dealers in precious metals and stones.
- d)Non-profit organizations that send or receive money from jurisdictions internationally classified as high-risk or that maintain relationships with parent companies, branches, or foreign subsidiaries located therein.
- e)Natural and legal persons, as well as lawyers, notaries, and accountants, except for salaried professionals with respect to their supervised public or private employer, when they are preparing to carry out transactions or carry out transactions for their clients in the following activities:
i. The purchase and sale of real estate.
ii. The administration of money, bank accounts, savings, securities, or other assets of the client.
iii. The operation, administration of the purchase, and sale of legal entities or other legal structures.
- f)Providers of fiduciary services, including those involved in the creation, registration, and administration of trusts.
- g)Natural or legal persons that grant any type of credit facility, when they carry out this activity under the parameters and definitions determined by regulation by the National Council for Supervision of the Financial System, upon proposal by the General Superintendency of Financial Institutions. The persons mentioned in this subsection may not engage in financial intermediation; therefore, they are prohibited from capturing resources from the public through any physical, telematic, digital means, or any other form that implies the transfer of resources with economic value. In the event that financial intermediation is identified without the proper authorization, the provisions of Articles 120, 156, and 157 of Law No. 7558, Organic Law of the Central Bank of Costa Rica, of November 3, 1995, shall apply. For purposes of supervising the provisions of this subsection, the General Superintendency of Financial Institutions may require information from any natural or legal person, this information being protected by the duty of confidentiality established in Article 132 of Law No. 7558, Organic Law of the Central Bank of Costa Rica.
- h)Pawnshops.
- i)Other activities established by law.
Said obligated subjects must keep registration information updated with the General Superintendency of Financial Institutions.
The obligated subjects in this article shall contribute, according to their structure, the quantity, and the amount of their transactions, to the financing of the effective expenses incurred by the Superintendency in its supervisory work, in accordance with the parameters established by Articles 174 and 175 of Law No. 7732, Securities Market Regulatory Law, of December 17, 1997, and its amendments. Excepted from the foregoing are independent professionals, whether acting individually or corporately.
For the purposes of this law and as indicated in subsection e) of this Article 15 bis, no sum whatsoever may be charged to individually registered professionals for inspection or supervision.
The General Superintendency of Financial Institutions shall ensure that persons, whether natural or legal, regardless of their legal domicile or place of operation, do not operate within Costa Rican territory, habitually and by any title, without authorization, activities such as those indicated in this article, and shall have, with respect to the alleged offenders, the same inspection powers that correspond to it under this law, regarding the prevention and control of money laundering, terrorist financing, and the proliferation of weapons of mass destruction. Likewise, it must file the corresponding complaint before the appropriate authorities.
The obligated subjects, established in the preceding subsections, must mandatorily abide by every binding provision that the Financial Intelligence Unit (Unidad de Inteligencia Financiera) of the Costa Rican Drug Institute (Instituto Costarricense sobre Drogas, ICD) issues regarding the prevention of and fight against money laundering (legitimación de capitales), the financing of terrorism, and the proliferation of weapons of mass destruction.
The Superintendencia General de Entidades Financieras shall consider the conditions and characteristics of the obligated subject, according to its size, structure, volume of operations, number of employees, production volume, and factors of exposure to the risk of money laundering, financing of terrorism, and proliferation of weapons of mass destruction, in order to require that a compliance officer be incorporated within its organizational structure or, failing that, that a differentiated structure be authorized. This structure shall be defined by regulation, following mandatory consultation with the regulated sectors. Only by reasoned resolution may Sugef depart from the criterion of the regulated sectors.
(Thus added by Article 2, point 2., subsection a) of the Law for Strengthening Legislation against Terrorism, No. 8719 of March 4, 2009, and corrected via Fe de Erratas published in La Gaceta No. 63 of March 31, 2009).
(Thus amended by the sole article of Law No. 9449 of May 10, 2017)