Subsection 1.-Profile for customs officials: Officials shall be subject to the obligation to declare, pursuant to the second paragraph of article 21 of the Law Against Corruption and Illicit Enrichment in the Public Service, those customs officials who have within their functions any of the following processes or competencies, without prejudice to the functions described in the profiles of subsections 2 and 3 of this article.
- a)Those who demand and verify compliance with the elements that determine the customs tax obligation, as well as those who demand and verify the requirements and obligations derived from the entry, custody, permanence, use, and destination of goods, vehicles, and transport units within the territory.
- b)Those who demand, verify, collect, supervise, and approve the payment of import and export taxes.
- c)Those who verify the documentation, authorization, content, and quantities of goods subject to customs control that are transported by any means.
- d)Those who control and supervise the auxiliary agents of the public customs service, importers, exporters, producers, consignees, third parties, and any deposit under customs control.
- e)Those who grant or suspend authorizations for the auxiliary agents of the public customs service, or verify the control or compliance with the legal provisions established by the Dirección General de Aduanas.
- f)Those who apply or verify the national and international regulations related to tariff preferences, in accordance with the international treaties to which Costa Rica is a party and the rules derived from them.
- g)Those who demand or verify compliance with the provisions issued by the competent authorities, related to rights against unfair international trade practices, safeguard measures, and other tariff and non-tariff foreign trade regulations.
- h)Those who issue administrative resolutions related to the customs tax obligation or to claims regarding customs valuation. As well as those who impose and execute administrative and tax customs sanctions.
- i)Those who perform the documentary verification of customs declarations processed under Information Technology systems for Customs Control, as well as control over the procedures for the auction of goods, refund of incorrectly charged taxes, nullities, and corrections of customs declarations, and attention to claims via electronic means.
- j)Those who issue and recommend the issuance of directives, technical criteria, guidelines, procedures, among others, related to customs matters, provided that said power is exercised without requiring the authorization or approval of a superior or a third party within the same institution.
Subsection 2.-Profile for officials who process public purchases.
Included within these profiles are the public officials who work for the Central Administration, the Descentralized, State Public or Non-State Public Administration, public enterprises, deconcentrated bodies, trusts, executing or project units, and municipalities, as well as any other type of organization or structure belonging to the State, who in compliance with the legal framework governing administrative contracting activity, process contracting procedures and who have within their functions any of the following processes or competencies, without prejudice to the functions described in the profiles of subsections 1 and 3 of this article.
These profiles shall apply to those who hold, individually or as a collegiate body, the power described in each profile.
- a)Those heads of the instances or units responsible for rendering, as an ordinary function, and after the bid-receipt phase, the opinions or technical reports that are necessary to issue the award decision (acto de adjudicación).
- b)Those heads of administrative instances or units responsible for recommending, as an ordinary function, the total or partial award, the declaration of a failed (infructuoso) or void (desierto) procurement procedure, or its re-awarding.
- c)Those who hold the power to adopt the award or re-awarding decision.
- d)Those who hold the power to declare a tender void or failed.
- e)Those heads of the Legal Advisory Unit or, failing that, of the Unit designated by the head of entity, who hold the power to grant internal approval of administrative contracts.
- f)Those heads who hold the power to issue the comptroller's approval (refrendo contralor).
- g)Those who exercise, in the execution phase of the contractual object, tasks of control and surveillance, provided that the contract execution period is equal to or greater than six months.
- h)Those who hold, in the execution phase of the contractual object, the power to issue the administrative act that entails the final acceptance of the good or service, provided that the contract execution period is equal to or greater than six months.
Subsection 3.-Profile for officials who manage public funds.
Included within these profiles are the public officials who work for the Central Administration, the Descentralized, State Public or Non-State Public Administration, public enterprises, deconcentrated bodies, trusts, executing or project units, Municipalities, as well as any other type of organization or structure belonging to the State, who in compliance with the legal frameworks governing financial and budgetary activity, as well as the Superior Control and Supervision System, have within their functions any of the following processes or competencies, without prejudice to the functions described in the profiles of subsections 1 and 2 of this article.
This profile shall apply to those officials who hold, individually or as a collegiate body, the power described in each profile and when this is exercised without the authorization or approval of a superior or a third party within the same institution. Excluded from this last provision are subsections g) and h).
- a)Those who hold the power to approve procedures related to financial management.
- b)Those who hold the power to approve budgetary adjustments or variations.
- c)Those who hold the power to decide, authorize, or approve administrative acts whose purpose is the granting, disposal, investment, issuance or payment, collection, recovery, exemption, and expenditure of public funds subject to the scope of their competencies; or the establishment of revenues, income, or expenses of the Administration.
- d)Those who hold the power to approve the institutional financial statements.
- e)Those who hold the power to approve inspection procedures for the Public Treasury (Hacienda Pública).
- f)Those who hold the power to issue external control acts.
- g)Those who hold the power to issue superior inspection acts.
- h)Those who have the power to internationally negotiate free trade treaties, agreements, conventions, loans, renegotiation of foreign debt, or similar. Regardless of whether said work exceeds six months or not.
- h)Article 57 shall read as follows: