For the purposes of these Regulations, the following definitions are established:
Payment arrangement (Arreglo de pago): is a process requested by the trust beneficiary when their transaction is in the process of/or in judicial collection.
Appraisal (Avalúo): is the study carried out by duly qualified professionals, for the purpose of determining the conditions and the approximate value of the asset given as loan guarantee.
Bank (Banco): public entity expressly authorized and accredited to carry out financial intermediation.
Payment capacity (Capacidad de pago): financial capacity of the debtor and guarantor(s) to meet the obligations under the agreed conditions.
Income certification (Certificación de ingresos): suitable document issued by a public or private accountant duly registered with the respective professional body, used to certify the income of potential credit beneficiaries, as well as any clarification and addition regarding the same.
Special Committee of the Trust (Comité Especial del Fideicomiso): body responsible for enforcing the credit and fisheries development (desarrollo pesquero) policies.
Credit (Crédito): defined as the transaction formalized by the Trustee, and backed by sufficient guarantee(s) to answer for the payment of the obligation.
Installment (Cuota): amount that the trust beneficiary must pay in fulfillment of their obligations contracted with the Trust.
Fisheries development (Desarrollo pesquero): shall comprise the increase, the quantitative and qualitative improvement in a significant and diversified manner of the activities of capture or extraction, farming, preservation, processing, transportation, and marketing of animal or plant organisms, whose natural or habitual habitat is water. That development must be carried out in such a way that it produces the management and conservation of the natural resource base and the orientation of technological and institutional change, in a manner that guarantees the continuous satisfaction of human needs for present and future generations; it must conserve, preserve, and respect the land, plants, and marine ecosystems, without degrading the environment; it must be technologically appropriate, economically viable, and socially acceptable.
The fisheries development programs shall comprise the fields of action established by the executing authority in accordance with Law No. 8436, Fisheries and Aquaculture Law.
Debt (Deuda): economic obligation that the trust beneficiary establishes with the Trust.
Vessel (Embarcación): understood as the means of work registered before the Public Registry and with a fishing license, used for the transportation and capture of fishery and aquaculture products.
Trust beneficiaries (Fideicomisarios): are the beneficiaries of the Trust, natural or legal persons of the national fishery and aquaculture sector, who meet the conditions established in these Regulations.
Trust (Fideicomiso): is the agreement executed whereby the Trustor transmits to the Trustee the ownership of assets or rights, the Trustee being obliged to use them for the fulfillment of lawful and predetermined purposes in the agreement.
Trustor (Fideicomitente): is the Costa Rican Institute of Fisheries and Aquaculture, hereinafter INCOPESCA.
Trustee (Fiduciario): is the entity of the National Banking System, responsible for the administration and execution of the trust assets, in accordance with the trust agreement and the legal provisions in force.
Formalization expenses (Gastos de formalización): amount derived from the administrative, legal, and initial insurance costs of the assets given as guarantee.
INCOPESCA: Costa Rican Institute of Fisheries and Aquaculture, governmental body that acts as trustor of the resources destined for the fulfillment of the purposes and objectives set forth in Article 46 of Law No. 7384.
Credit line (Línea de crédito): understood as the concepts to be financed, defined towards infrastructure works, acquisition and repair of fishing and aquaculture equipment, and working capital.
Disbursement period (Período de desembolso): understood as the period upon formalizing the transaction, during which the draws or disbursements are made against work progress, where only interest is paid or it is capitalized. This period may not exceed one year, considering the project investment plan (plan de inversión).
Grace period (Período de gracia): period not exceeding three months, during which the trust beneficiary is authorized to pay only the interest in cases defined in these Regulations.
Investment plan (Plan de inversión): corresponds to the purpose or objective for which the credit is granted.
Refinancing (Refinanciamiento): understood as those already constituted credits for which additional capital is financed based on an investment plan, provided that the guarantee is sufficient.
National Banking System (Sistema Bancario Nacional): understood as Banco Nacional de Costa Rica, Banco Crédito Agrícola de Cartago, Banco de Costa Rica, and Banco Popular y de Desarrollo Comunal.
UTA: is the Technical Administrative Unit (Unidad Técnica Administrativa) supporting the Trust.