To fulfill the objectives, the following duties and powers shall correspond to the Institute:
a. Establish strategic guidelines, in accordance with the provisions of the National Development Plan and the general directives issued by the Executive Branch, regarding port development.
b. Exercise, in fulfillment of the guidelines established in subparagraph a) above, the attributions of superior port authority and coordination in functional and administrative matters over the work carried out in the ports of Puntarenas, Caldera, Quepos, Golfito, and Punta Morales in the province of Puntarenas, as well as in any other established on the country's Pacific coast.
c. Carry out the specific planning of the works, port facilities, and connected facilities necessary for the provision of port services on the country's Pacific coast, as well as coordinate and supervise the development of port and transport activities within the port premises.
d. Maintain, operate, and administer, when they have not been concessioned or contracted out to third parties, the following port services:
i. Receive, move within the port premises, and place in the warehouses, yards, and other installations intended for that purpose, the merchandise and other goods that are disembarked or intended to be embarked through the ports of the country's Pacific coast.
ii. Watch over, guard, store, and deliver the merchandise and other goods to the consignees or their legal representatives, in the manner and under the conditions determined by the corresponding regulations. In no case shall it deliver disembarked cargo to the consignees or their agents, nor permit the embarkation of cargo without the prior customs procedure and in accordance with what the laws and regulations provide in that regard, with the exception of luggage, whose receipt, surveillance, custody, and delivery shall correspond to the customs authority.
iii. Provide any other port service or connected activity not concessioned, including aids to navigation services.
e. Guarantee that the embarkation, disembarkation, and transfer of passengers, crew, and visitors to ships and other vessels are carried out under conditions that ensure their integrity, safety, and comfort. The transfer of passengers referred to in this subparagraph must be coordinated with the Special Migration Police (Policía Especial de Migración), according to the procedure established in Chapter III of Title I of Law No. 7033 of July 28, 1986, and its amendments.
f. Build, in accordance with the guidelines established in subparagraph a) of this article, new ports, port facilities, and connected facilities that are required for the efficient provision of port services on the country's Pacific coast or, as the case may be, concession out their construction or the provision of the respective public service. The concession contracts signed with private persons may in no case encompass activities that exceed the competencies in the matter of public service that Incop has assigned by law. Concessionary companies may also not carry out commercial activities under conditions that restrict free competition for other private agents, among them, shipowners, shipping agencies, customs agencies, and carriers. Concessionary companies that violate the provisions established in this subparagraph will be sanctioned in accordance with the provisions of Article 10 of the Law for the Promotion of Competition and Effective Consumer Defense, No. 7472 of December 20, 1994.
g. Exercise, through the Concessions Oversight Secretariat (Secretaría Fiscalizadora de Concesiones), established in Article 5 of this Law, the regulation and oversight duties over the concessions it grants, for the effects of subparagraph f) of this article, in accordance with the provisions of subparagraph 14 of Article 121 of the Political Constitution; the General Public Works Concession Law, No. 7762 of May 14, 1998, and its amendments; Law No. 7494, Administrative Procurement (Contratación Administrativa), of May 2, 1995, and its amendments; the Urban and Suburban Leases Law (Ley de Arrendamientos Urbanos y Suburbanos), No. 7527 of July 10, 1995, and its amendments; this Law and the respective Regulations, as well as in the corresponding concession contracts. To this end, it shall coordinate its functions with the Ministry of Public Works and Transport (Ministerio de Obras Públicas y Transportes, MOPT), which is authorized to allocate human resources, goods, and services for these purposes.
In concessions made under Law No. 7762, the indicated functions shall be performed in accordance with what is stipulated in said Law. h) Ensure the most adequate and efficient use of the furniture, lands, buildings, equipment, and port facilities and, in general, all those assets, movable and immovable, rights and obligations transferred by previous laws to the Institute or acquired by it by virtue of fulfilling its legal obligations and missions, as well as the income from the leasing of the immovable property and facilities of its ownership, concerning the reception and attention of national and international tourism, including the assets under the administration of the Administrative Board of the Plaza del Pacífico (Junta Administradora de la Plaza del Pacífico), in accordance with the provisions of Article 23 and subparagraph c) of Article 25 of this Law. When dealing with ports whose services have been granted in concession, dredging work shall correspond to the concessionaires, if so established in the respective contract; failing that, this work shall correspond to the State.
i. Establish the necessary coordination mechanisms with the fiscal, migration, health, and police authorities so that they can fulfill their respective functions in the ports of the country's Pacific coast.
j. Establish work and administration systems for all port services and connected facilities it provides directly, as well as exercise, without prejudice to the powers granted to the National Concessions Council (Consejo Nacional de Concesiones) and its Secretariat by Articles 8 and 9 of Law No. 7762, oversight over port services and connected activities that are legally concessioned or contracted out to third parties, including the leasing of Incop assets.
k. Acquire the lands and properties necessary for the development of its activities, in accordance with the corresponding laws, budgetary availability, plans, and guidelines issued in accordance with subparagraph a) of Article 2 of this Law. When it is pertinent to carry out expropriations for this purpose, the procedures set forth in the Expropriations Law (Ley de Expropiaciones), No. 7495 of May 3, 1995, shall be applied, as appropriate.
l. Acquire and administer the other assets it needs for the proper achievement of its objectives, in accordance with the corresponding laws, budgetary availability, plans, and guidelines set in accordance with subparagraph a) of Article 2 of this Law.
m. Propose, to the Regulatory Authority for Public Services (Autoridad Reguladora de los Servicios Públicos, Aresep), the tariffs and fees that will be charged for the public port services and connected facilities provided, directly or indirectly, on the country's Pacific coast.
n. Issue the internal regulations, agreements, and other measures necessary to achieve its objectives, pursuant to this Law.
ñ. Allocate the income from concessions granted through Law No. 7762, one hundred percent (100%), to the financing of works and equipment for maintenance projects, infrastructure construction, beautification, cleaning, and citizen security, with emphasis on tourism activity. At least twenty-five percent (25%) of the income from concessions granted or to be granted directly by Incop in the future shall also be allocated to these projects; its Board of Directors is authorized to increase this percentage up to fifty percent (50%) of this income. The income defined in this subparagraph may in no case be used to finance projects or activities related to the granted concessions.
o. Prepare and publish semiannually, in La Gaceta, after optional consultation with the Costa Rican Tourism Institute (Instituto Costarricense de Turismo, ICT) and the Tourism Promotion Board of the City of Puntarenas (Junta Promotora de Turismo de la Ciudad de Puntarenas), according to their respective competencies, a plan that includes the specific projects to be promoted, as well as a detailed report of the results obtained during the previous semester, with the resources indicated in subparagraph ñ) of this article.
(Thus amended the second paragraph by Article 1, point 1 of Law No. 8461 of October 20, 2005) (NOTE: The administration of the State railways was transferred to INCOFER through Law No. 7001 of September 19, 1985).