WORK INSTRUCTIONS FOR THE PROCESSING OF FUEL ORDERS DESTINED FOR THE NATIONAL NON-SPORT FLEET TO BE FOLLOWED BY SCAC OFFICIALS INTRODUCTION The Instructions are a work tool for officials of the Fuel Control and Administration Section (SCAC), which establishes mandatory specific mechanisms for each element involved in the process, in order to facilitate and expedite processing with a minimum of error, while providing basic control elements for the oversight of fuel granted at a preferential price for the national non-sport fishing fleet.
LEGAL BASIS The procedures are based on Law No. 7384 of March 29, 1994, Chapter VIII, Article 45, the Regulation for the regulation and control of the efficient use of fuel destined for the national non-sport fishing fleet in jurisdictional waters or beyond them, according to Agreement AJDIP-258-2002 of September 12, 2002, published in the Official Journal La Gaceta No. 199 of October 16, 2002, the agreements and contracts signed between the Fishing Organizations, the beneficiaries individually, and INCOPESCA.
MISSION "The Instructions establish a series of procedures that SCAC officials must use to authorize purchase orders for fuel and, at the same time, effectively control the proper use of the fuel granted at a preferential price to the national non-sport fishing fleet." VISION "Instrument that guarantees the fulfillment of the objectives of the Instructions regarding exempt fuel." DEFINITIONS Purchase Order for Fuel at a Preferential Price:
A pre-printed document issued by INCOPESCA through the SCAC in favor of the beneficiary, which authorizes the quantity of liters of fuel used by vessels with a valid fishing license for the execution of their non-sport commercial fishing activities, required in accordance with the requirements established in Article 18 of the Fuel Regulation and granted according to Article 12 of the cited regulation.
Beneficiary: Individual or legal entity with an up-to-date commercial fishing license, who requests and receives fuel at a preferential price as established in the Fuel Regulation and whose entire catch from the fishing trips is landed in national territory.
Fuel Application: A form-type document designed by INCOPESCA through the SCAC by which the granting of fuel at a preferential price for fishing activities is processed.
Proof of Sale of Landed Product: A form-type document that the beneficiary may present in substitution of the invoice when the vessel does not exceed forty nautical miles of autonomy.
Sworn Declaration: A document that beneficiaries belonging to the small-scale artisanal fleet must present, which establishes the days and hours of fishing in which the work was carried out.
Control Ballot for Fuel Expenditure at a Preferential Price: A form-type document which establishes the fuel balances declared by the beneficiary in accordance with the fuel orders at a preferential price.
Document Receiver and Issuer: SCAC official responsible for verifying, reviewing, stamping, and receiving the fuel applications and requirements established in Article 18 of the regulation for fuel at a preferential price, and for issuing and delivering the fuel order at a preferential price.
Approver: SCAC official responsible for authorizing the Fuel Order at a preferential price before RECOPE.
Filer: The SCAC official responsible for orderly filing the documentation. In those cases where there is no person in charge of filing, the receiver and issuer officials must perform this function.
Other Definitions: Those established in the Regulation for the regulation and control of the efficient use of fuel at a preferential price destined for the national non-sport fishing fleet in jurisdictional waters or beyond them.
Objective or Purpose: Work guide for officials of the Fuel Control and Administration Section (SCAC), which establishes a procedure to follow in the processing of purchase orders, to facilitate and expedite the process with a minimum of error and imposes basic control actions to guarantee the oversight of the fuel granted at a preferential price to the Non-Sport National Fishing Fleet.
Scope: Officials involved in the process of processing and issuing purchase orders for fuel at a preferential price.
Responsible Parties: Officials assigned to S.C.A.C. duties.
Documents and References: Law No. 190 on Maritime Fishing and Hunting, Law No. 7384 Creating INCOPESCA, Board of Directors Agreement No. 258-2002, published in the Official Journal La Gaceta No. 199 of October 16, 2002, and other related provisions. Contracts signed between legally constituted fishing organizations and INCOPESCA, and those contracted individually by the beneficiaries and INCOPESCA. Law No. 8220 on the Protection of the Citizen from Excess Requirements and Administrative Procedures, published in the Official Journal La Gaceta No. 49 of March 11, 2002.
PROCESS FILE OPENING Responsible Party. Document Receiver and Issuer Official.
Step 1: Create the fuel file for each vessel corresponding to the calendar year, noting on the front part the name of the vessel, registration number, file number, expiration date of the fishing license, and engine power expressed in Kw.
Step 2: Record immediately and in the presence of the beneficiary the signature of the latter or authorized persons according to forms 5, 6, 7; for this purpose, request the identity card, passport, or residence card.
Step 3: In cases of individuals who authorize relatives up to the third degree of consanguinity or their spouse, verify through a notarial sworn declaration or certification issued by the Civil Registry the existing link.
(As amended by Article 1 of Agreement 435 of October 8, 2004) Step 4: In the case of legal entities, verify that the authorized persons are employees, demonstrated through an employer's order, payroll, or proof from the CCSS, of at least one of the companies of the same legal representative.
Step 5: Once the previous steps are completed, file in the file the mentioned documents and place them in the site designated for the archive.
2. REVIEW OF THE FUEL APPLICATION AND CORRESPONDING DOSSIER Step 1: The official must consult the respective file, prior to accepting the complete documents and continuing with the procedure, in order to determine if there is an inspection, memorandum, or other issue that prevents the corresponding procedure.
Step 2: The official responsible for receiving the fuel application must verify that the application and the documentation provided do not present smudges, erasures, or any other type of alteration that casts doubt on their legitimacy; additionally, they must verify (compare with the signature registry of Annexes No. 5, No. 6, and No. 7) the veracity of the signatures affixed when applicable. In case of presenting smudges, erasures, or another type of alteration that casts doubt on their legitimacy, it must be rejected immediately, using the form in Annex No. 10.
Step 3: The official responsible for receiving the fuel application must verify immediately that it is accompanied by the following documents:
A. Application form with one copy (optional), in the case of individuals, duly completed and signed by the permit holder; in exceptional cases, after assessment by the supervisor, the authorized person may sign; in the case of legal entities, duly completed and signed by the legal representative or authorized persons who are listed on an Employer's Order or on a Payroll issued by C.C.S.S. (See Annex No. 1). For each fuel application received, the official is obliged to verify that the signatures on it match those stipulated in the Signature Registry Card of Annexes No. 5, No. 6, and No. 7.
B. Two photocopies of the sales invoice for the landed product for the Advanced and Semi-Industrial Fleets, according to the stipulations of the Ministry of Finance and INCOPESCA, or Proof of Sale of the Landed Product for the Small-Scale Artisanal and Medium Artisanal Fleets, according to the stipulations of INCOPESCA, for which they must be issued in a pre-printed and pre-numbered format (See Annex No. 2), and the date of the invoice or proof may not be prior to the closing of the departure (zarpe) of the trip to be settled. The SCAC official will verify that the provided document contains all the data required in the forms described above.
C. Purchase invoice for the fuel of the immediately preceding trip(s). The official must verify that it contains at least the following:
. Letterhead of the Service Station. . Date of creation, which may in no case be prior to the date of issuance of the fuel order to be settled. . Name and signature of the beneficiary. . Name and registration of the vessel. . Number of the purchase order being settled. . Quantity of Liters. . Price per liter of fuel at a preferential price. . Price charged for pumping and hauling. . Price charged by the Organization. . Cancellation stamp. . Duly authorized by the Ministry of Finance.
D. National departure clearance (Zarpe Nacional) with the actual date and time of departure, signature, and seal of the Harbor Master's Office (Capitanía de Puerto), which may not be prior to the date on which the fuel order at a preferential price to be settled was issued. Small-Scale Artisanal vessels are exempt from presenting the departure clearance, whose owners must use the sworn declaration form for fishing days (see Annex No. 3).
(As amended by Article 2 of Agreement 435 of October 8, 2004) The official will verify that said declaration consecutively records the time of departure and return for each day worked, with its respective date of the immediately preceding month or the respective period. If the vessel makes fishing trips of more than one day, they will verify that the days the vessel operates are noted uninterruptedly, clearly noting the date and time it departed (zarpó), the date and time it arrived at port. In those cases where the permit holder makes two or more daily fishing trips, they must record it as such on said form. When, for reasons of force majeure, exceptionally the departure clearance was not signed or sealed by the Harbor Master's Office, the permit holder must provide a copy of the Logbook and a report issued by Public Security confirming the arrival of the vessel at port within the indicated timeframe.
E. Photocopy of the balance control ballot (See Annex No. 4). Which must contain at least the following:
1. Date. 2. Name and registration of the vessel. 3. Name of the authorized Service Station. 4. Number and date of issuance of the Fuel Order. 5. Liters entering, liters withdrawn, and balance. 6. Dates on which the beneficiary withdraws the fuel. 7. Seal of the Service Station.
(As amended by Article 3 of Agreement 435 of October 8, 2004) 8. Signature of the beneficiary or authorized person for each fuel withdrawal.
(As amended by Article 4 of Agreement 435 of October 8, 2004) F. Photocopy of the logbook (bitácora) of the corresponding fishing trip(s); vessels belonging to the Small-Scale Artisanal Fleet are exempt from this provision. The responsible official or person in charge must verify the following:
1. That the document is legible. 2. That it contains the seal and signature of the corresponding Harbor Master's Office. 3. In the case of vessels belonging to the Semi-Industrial Fleet, the logbook must present as the first statement, the sworn declaration of the Captain where it is expressed that the Regulatory Turtle Excluder Device (TED) is installed in the fishing gear (artes de pesca), that they know the mandatory use of said device in all trawls carried out at 80 or fewer fathoms in depth, the responsibilities, and the sanctions involved in non-compliance with said provision.
G. Previous fuel purchase order. The responsible official or person in charge must verify that: 1. It contains the seal of the Service Station or authorized entity that delivered the fuel. (Copy). 2. It contains the signature of the beneficiary.
H. That the contract signed between the parties is in force.
Step 4: In the case of Fuel Applications submitted through duly formed Organizations, the official must verify that this submission is made through the persons authorized by it (Legal Representative or up to a maximum of two officials who appear on the payroll) and through the format created for such case (See Annex No. 12), for which purpose the schedule for receiving and delivering documents established by the immediate supervisor in each INCOPESCA Office must be respected.
Step 5: The SCAC official will verify through the computerized information supplied monthly by C.C.S.S., according to the last paragraph of Article 74 of the Organic Law of C.C.S.S., modified according to Section IV, Article 85 of the Law for Worker Protection, that the beneficiary is up to date in the payment of their obligations; once verified, record evidence on the lower front part of the application, through the stamp used for such purposes, affixing the corresponding signature.
Step 6: If upon verification through the computerized information, they are found to be delinquent, the SCAC official must indicate that the application for obtaining preferential fuel cannot be processed until they are up to date, an act which must be demonstrated through a certification issued by C.C.S.S.
Step 7: In the event that the beneficiary does not appear registered in the information supplied by C.C.S.S., the official must request, once a year, that they present a valid document issued by the competent authority of CCSS (card, payroll, proof, certification, employer's order, among others) stipulating they are up to date with their obligations to that Institution.
(As amended by Article 5 of Agreement 435 of October 8, 2004) 3. RECEPTION OF THE FUEL APPLICATION AND CORRESPONDING DOSSIER Step 1: If the SCAC official determines that the presentation of the documents that the beneficiary must provide is complete and correct, they will stamp the received stamp on each of the documents, also recording the date and their signature. This stamp must be affixed in a space such that it does not hinder its reading and interpretation, also indicating the date of receipt, the name of the corresponding office, and with a pen the SCAC official will sign over the stamp mark as the person responsible for accepting the documents. Furthermore, when required by the interested party, the official will provide a copy of the application duly stamped, signed, and received as proof of the described act.
Step 2: If the official determines that the presentation of documents that the beneficiary must provide is incomplete or defective, they will proceed to return them immediately, indicating the deficiency in writing on the respective document return form (See Annex No. 10). For all cases in which any of the documents established as requirements are not complied with, in accordance with Law No. 8220, the interested party will be granted (on the same form of Annex No. 10 cited) a period of ten days, from the receipt of the application, to complete it.
In the understanding that the beneficiary is delinquent, they will be informed of the obligation to become up to date with the Costa Rican Social Security Fund (Caja Costarricense de Seguro Social) in the payment of the fees of any of the regimes, and will be granted a period of ten days in accordance with Law 8220. For the pertinent effects, the payment arrangement agreed upon between the CCSS and the beneficiary will be understood as delinquency.
After the indicated period has passed without action by the beneficiary, the application will not be processed under any circumstance and will remain filed in the file with an annotation on the Form of Annex No. 10, in which it is evidenced that they did not comply within the indicated period with the requested requirements and documents, therefore it must be filed.
4. ISSUANCE OF THE FUEL ORDER Step 1: The official will perform the manual calculation of the total fishing days that can be counted for the beneficiary for the allocation of fuel. For medium and advanced longline vessels, the receiving official must consider the dates and times recorded in the departure clearance (zarpe) as well as the information provided by the trip logbook; for purposes of fuel recognition, a fishing day will be counted as one on which the vessel remains outside of port for more than twelve hours. They must take into account for the allocation of the fuel amount, the recorded data (quantity of liters) on the fuel purchase invoice, granting this amount even if the system assigns a higher quantity.
Step 2: For small-scale vessels, they must consider the fishing trip declaration (See Annex No. 3), so that only those days on which the vessel remained at least four hours outside of port are counted.
Step 3: Then the official will proceed to enter the corresponding information into the STC program and, at the same time, will cross-reference information between the documents provided, the information stored in the fuel database, the information stored in the Registration and Processing database, and if necessary, with the information from the documents kept in each vessel's file.
Step 4: The official will enter the corresponding data for the electronic calculation of the total liters assigned to the beneficiary.
Step 5: The official proceeds, immediately after, to print the fuel purchase order, and signs it in the space indicating "Official Who Prepares", making themselves responsible and certifying that all the documents or requirements contained in the Fuel Application were duly presented and verified.
Step 6: Immediately, they will note the information requested in the spaces for exclusive use of the Office (See Annex No. 1), except for the income receipt number and the amount to be paid.
Step 7: Note the following in the order registration book:
- A)File number of the SPP. B) Pre-printed fuel purchase order number. C) Digital Fuel Purchase Order number. D) Date of issuance of the fuel purchase order. E) Quantity of liters authorized.
Step 8: Then, they will transfer to the Head of the SCAC or to the Head of the decentralized Office, or failing that, to the designated official, the respective file with the Fuel Purchase Order and other documents, for their approval.
5. AUTHORIZATION OF THE FUEL ORDER Step 1: The Head of the SCAC, or Head of the Regional Directorate or Office, or the designated official, receives the file with the Fuel Purchase Order and other documents, verifies that the information recorded by the official in the space "For exclusive use of the Office" is correct, and signs in the space on the purchase order "Official Who Approves". Then, they proceed to return it to the official who sent it.
6. CREATION OF THE BALLOT FOR THE ISSUANCE AND COLLECTION OF THE INCOME RECEIPT Step 1: The official who receives the fuel purchase order duly authorized by the Head or by whomever they have authorized, will proceed to complete the ballot in Annex 11. Regional and Auxiliary Directorates and Offices are exempt from this step.
Step 2: Subsequently, the official will proceed to deliver the duly completed ballot from Annex 11 to the beneficiary, instructing them to please go to the Collection Window.
Step 3: The cashier will receive the ballot from Annex 11 from the beneficiary and will proceed to create the income receipt, which must contain at least the following:
- a)Date of issue. b) Name of the beneficiary. c) Amount in words of the total amount to be charged. d) Amount in numbers of the total amount to be charged. e) Name and registration number of the vessel. f) Number of the fuel purchase order being paid. g) Unit amount corresponding to each liter of fuel. h) Amount corresponding to the total liters granted. i) Amount corresponding to the value of the fuel purchase order. j) Budgetary Code and Genre k) Signature of the official who prepares it. l) Cancellation stamp (Affixed by the collection window official).
Step 4: Once the income receipt is created, they will proceed to deliver it to the beneficiary, and the latter in turn will deliver it to the official responsible for delivering the order.
Step 5: The official will receive the duly cancelled receipt from the hands of the beneficiary.
7. PROCEDURE FOR THE REPLACEMENT OF FUEL ORDERS FOR ANY OF THE FOLLOWING REASONS When the fuel order is damaged, deteriorated, and its content is not visibly clear, one must proceed as follows:
Step 1: The beneficiary must submit a written request for the replacement of the order, indicating the conditions in which it is found, as well as the original and a copy of it duly signed; they must also provide the proof of payment for the administrative procedure (preparation of the order).
Step 2: The responsible official must verify in the file, comparing with the copy that remains filed, the order numbering, the name of the beneficiary, the quantity of liters, the name of the vessel, and stamp the cancelled seal on the original and the copies, and proceed to file in the respective file.
Step 3: Once the previous step is completed, the official will proceed to prepare the new order with the same data as the cancelled one, backed by the documents of the replaced order. The same quantity of fuel, name of the beneficiary, and other data will be maintained. Regarding the date of issue of the new order, this will be the date of issue corresponding to the day on which the beneficiary is submitting the replacement request, and the expiration date of the replaced order must be maintained.
Step 4: Once the previous step is completed, the official will proceed in accordance with what is stipulated in the instructions.
When the fuel order has been lost, one must proceed as follows:
Step 1: The beneficiary will submit the request in writing, stating that the order has been lost, accompanied by the report filed with the Judicial Investigation Agency (Organismo de Investigación Judicial), or other competent authority (Civil Guard, Coast Guard Service); they must also pay the cost of the administrative procedure (cost of the order).
Step 2: The official must follow the steps established in the procedures for replacement indicated in points b, c, d, of the point above.
Step 5: The Head of the SCAC, or Head of the Regional Directorate or Office, or the designated official, must send a note to RECOPE each time a fuel order is annulled, indicating its loss.
Step 6: The beneficiary must provide a proof issued by RECOPE, which indicates that the order was cashed.
Step 7: When the copy of the fuel order to be settled has been lost, one must proceed as follows:
Step 7: The official must follow the steps established in the replacement procedures indicated in steps 2, 3, 4, 5, and 6 of process 7.
(Thus added Steps 5, 6, 7, by Article 6 of Agreement 435 of October 8, 2004) 8. DELIVERY OF FUEL ORDERS AT A PREFERENTIAL PRICE Step 1: Once the official receives the cancelled income receipt, they note the receipt number and the amount paid on the fuel application, stamp the corresponding stamp, and proceed to sign the order in the space "official who delivers".
Step 2: They deliver to the beneficiary or duly authorized representative, the purchase order so that they sign, note their identity card number in the space "received accordingly" and the date of receipt.
9. FILING OF DOCUMENTS.
Step 1: Once the official delivers the fuel order, they proceed to incorporate them into the administrative file, duly foliated, according to the following order:
1- Current Order. 2- Copy of the income receipt. In those cases where various orders are paid with a single receipt, the receipt number must be noted in the different fuel applications, in the observations space.
(As amended by Article 7 of Agreement 435 of October 8, 2004) 3- Fuel Application. 4- Catch Proof or product sales invoice. 5- Operating expenses. 6- Sworn Declaration of the fishing days or national departure clearance. 7- Photocopy of the Logbook. 8- Sworn Declaration of the Captain on the use of the TED. 9- Report of fishing zones, semi-industrial fleet.
(As amended by Article 8 of Agreement 435 of October 8, 2004) .
10- Balance Control Ballot. 11- Fuel purchase invoice. 12- Previous Order. 13- Other documents.
Step 2: Subsequently, they proceed to file the file in the corresponding place; a copy of the catch proof or product sales invoice(s) must be sent to the Statistics Department.
Other Instructions:
When, for some reason, the beneficiary decides to land in a port different from their base of operations, they may exceptionally process the fuel procedure at the Regional Directorate or Office nearest to the landing port, for which the Head of the Regional Directorate or Office in which said procedure is carried out, or whomever they designate, must request from the INCOPESCA Office in which the vessel is registered, the supply via fax of the dossier of the previous fuel application and the fishing license, having to create the corresponding file.
(As amended by Article 9 of Agreement 435 of October 8, 2004) In those cases where beneficiaries request an inactivity permit and, therefore, find themselves unable to acquire the fuel, the Head of the SCAC, Regional Directorate or Office, or whomever they designate, upon express request of the interested party, will record evidence of the submission of the application with the complete documentation, in order to issue, once the inactivity period has expired, or when the beneficiary expresses their decision to resume fishing activities prior to the expiration of the inactivity period, the corresponding purchase order.