To fulfill its 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 compliance with the guidelines established in subsection a) above, the powers of superior port authority and coordination in functional and administrative matters, over the activities carried out in the ports of Puntarenas, Caldera, Quepos, Golfito, and Punta Morales in the province of Puntarenas, as well as in any other port established on the country’s Pacific coast.
c. Carry out the specific planning of the works, port facilities, and related facilities necessary for the provision of port services on the Pacific coast of the country, as well as coordinate and supervise the development of port and transport activities within the port grounds.
d. Maintain, operate, and administer, when they have not been granted in concession or contracted to third parties, the following port services:
i. Receive, move within the port grounds, and place in the warehouses, yards, and other facilities designated for that purpose, the merchandise and other goods that are unloaded or destined to be shipped through the ports of the Pacific coast of the country.
ii. Guard, watch over, store, and deliver the merchandise and other goods to the consignees or their legal representatives, in the manner and under the conditions that the corresponding regulations determine. Under no circumstances shall it deliver the unloaded cargo to the consignees or their agents, nor shall it allow the shipment of cargo without the prior customs process and in accordance with what the laws and regulations provide in that regard, with the exception of baggage, whose reception, surveillance, custody, and delivery shall correspond to the customs office.
iii. Provide any other port service or related activity not granted in concession, including navigation aid services.
e. Guarantee that the boarding, disembarking, and transfer of passengers, crew members, and visitors to the ships and other vessels are carried out under conditions that ensure their integrity, safety, and comfort. The passenger transfer referred to in this subsection must be coordinated with the Special Immigration Police, in accordance with 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 subsection a) of this article, new ports, port facilities, and related facilities that are required for the efficient provision of port services on the Pacific coast of the country or, where applicable, grant in concession their construction or the provision of the respective public service. The concession contracts signed with private persons may in no case cover activities that exceed the competencies in public service matters that Incop has been assigned by law. The concessionaire 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. Concessionaire companies that violate the provisions established in this subsection shall be sanctioned in accordance with the provisions established by Article 10 of the Law on the Promotion of Competition and Effective Consumer Defense, No. 7472, of December 20, 1994.
g. Exercise, through the Concession Oversight Secretariat, established in Article 5 of this Law, the regulatory and oversight functions over the concessions it grants, for the purposes of subsection f) of this article, in accordance with the provisions of Subsection 14 of Article 121 of the Political Constitution; the General Law on Concession of Public Works, No. 7762, of May 14, 1998, and its amendments; Law No. 7494, Administrative Procurement, of May 2, 1995, and its amendments; the Law on Urban and Suburban Leases, No. 7527, of July 10, 1995, and its amendments; this Law and the respective Regulations, as well as in the corresponding concession contracts. To that end, it shall coordinate its functions with the Ministry of Public Works and Transport (MOPT), which shall be authorized to allocate, for those effects, human resources, goods, and services. In concessions made under the protection of Law No. 7762, the indicated functions shall be performed in accordance with the provisions of said Law. h) Ensure the most adequate and efficient use of the movable property, lands, buildings, equipment, and port facilities and, in general, all those movable and immovable assets, the rights and obligations transferred by prior laws to the Institute or acquired by it by virtue of fulfilling its legal obligations and missions, as well as the income derived from the lease of the immovable property and facilities owned by it, pertaining to the reception and attention of national and international tourism, including the assets under the administration of the Administrative Board of the Plaza del Pacífico, in accordance with the provisions of Article 23 and subsection c) of Article 25 of this Law. In the case of ports whose services have been granted in concession, the dredging works shall correspond to the concessionaires, if it has been so established in the respective contract; failing that, these works shall correspond to the State.
i. Establish the necessary coordination mechanisms with the tax, immigration, health, and police authorities, so that they can fulfill their respective functions in the ports of the Pacific coast of the country.
j. Establish the work and administration systems for all the port services and related facilities it provides directly, as well as exercise, without prejudice to the competencies granted to the National Council of Concessions and its Secretariat by Articles 8 and 9 of Law No. 7762, oversight over the port services and related activities legally concessioned or contracted to third parties, including the lease of Incop's assets.
k. Acquire the lands and properties necessary for the development of its activities, in accordance with the corresponding laws, budget availability, and the plans and guidelines issued in accordance with subsection a) of Article 2 of this Law. When it is pertinent to carry out expropriations for this, the procedures set forth in the Expropriation Law, No. 7495, of May 3, 1995, shall be applied, where relevant.
l. Acquire and administer the other assets it needs for the successful achievement of its objectives, in accordance with the corresponding laws, budget availability, and the plans and guidelines established in accordance with subsection a) of Article 2 of this Law.
m. Propose, to the Public Services Regulatory Authority (Aresep), the rates and fees to be charged for the public port services and related facilities that are provided, directly or indirectly, on the Pacific coast of the country.
n. Issue the internal regulations, agreements, and other measures necessary to achieve its objectives, in accordance with this Law.
ñ. Allocate one hundred percent (100%) of the income from concessions granted through Law No. 7762 to financing works and equipment for maintenance projects, infrastructure construction, beautification, cleaning, and public safety, with emphasis on tourism activity. At least twenty-five percent (25%) of the income from concessions granted or those directly granted by Incop in the future shall also be allocated to these projects; its Board of Directors is hereby authorized to increase this percentage up to fifty percent (50%) of this income. The income defined in this subsection may in no case be used to finance projects or activities related to the concessions granted.
o. Prepare and publish semi-annually, in La Gaceta, after optional consultation with the Costa Rican Tourism Institute (ICT) and the Tourism Promotion Board of the City of Puntarenas, in accordance with 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 six-month period, with the resources indicated in subsection 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 by Law No. 7001 of September 19, 1985).