"Article 3º-Each beneficiary may process the competitively priced fuel procedure, personally or through special representatives (apoderados especiales), a power of attorney (poder) that must be individual or collective when the procedure is carried out through Organizations. Said power of attorney must be notarized (protocolizado) and issued solely for performing the administrative procedure of fuel applications and the withdrawal of Purchase Orders. Furthermore, each beneficiary must complete the Signature Registry and sign a contract with INCOPESCA, the validity of which shall be determined by the expiration of the respective fishing license.
For its part, the Organization must inform INCOPESCA, by means of a notarized special power of attorney (poder especial protocolizado), of the person(s) designated as responsible for processing and withdrawing the Purchase Orders, who must be a member(s) or employee(s) of the same." "Article 6º-For the first-time signing of the Contract enabling the use and enjoyment of competitively priced fuel with INCOPESCA, the Beneficiaries must meet the following requirements:
Natural Persons (Personas Físicas):
- a)Present the original and provide a photocopy of the identity card or residency card free of condition, valid. Legal Persons (Personas Jurídicas):
- b)Provide a valid Certification of Legal Status (Certificación de Personería Jurídica).
- c)Present the original and provide a photocopy of the identity card or residency card free of condition, valid, of the legal representative.
- d)For those cases in which the Direct Purchase Code is requested, once the contract between INCOPESCA and the legal persons is signed, a photocopy of the contract signed with RECOPE must be presented.
In those cases where the Contract must be renewed, the Beneficiaries must meet the following requirements:
Natural Persons:
- a)Present the original and provide a photocopy of the identity card or residency card free of condition, in the event the previous one is Legal Persons:
- a)Provide a valid Certification of Legal Status.
- b)Present the original and provide a photocopy of the identity card or residency card free of condition, valid, of the legal representative, in the event the previous one is expired or the legal representative has changed.
- c)For those cases in which the Direct Purchase Code is requested, once the contract between INCOPESCA and the legal persons is signed, a photocopy of the contract signed with RECOPE must be presented." "Article 7º-In accordance with Article 74 of the Constitutive Law of the Caja Costarricense de Seguro Social (CCSS), the beneficiaries must be registered in the independent insurance regime, collective bargaining agreement, or employer-worker regime, as well as be up to date with the payment of their contributions in accordance with the information provided for these purposes by the CCSS.
In those cases where the beneficiary does not appear registered and/or is delinquent with the Caja Costarricense de Seguro Social, the use and enjoyment of the competitively priced fuel benefit shall not be authorized, unless they present any document (certification, employer order, proof) issued by the CCSS indicating that they are registered and/or up to date.
Likewise, any natural or legal person who is delinquent with INCOPESCA shall not be entitled to the granting of preferentially priced fuel." "Article 11.-In those cases where a transfer of the Fishing License is authorized, INCOPESCA must issue a Temporary Commercial Fishing License for the same term as the transfer authorization and/or its extensions, for the purposes of the competitively priced fuel benefit.
When a beneficiary holds a temporary license, they may process fuel before INCOPESCA with said license, for which they must comply with the requirements established in this regulation." "Article 12.-Once the expiration period determined in the fuel order has elapsed, and the beneficiary did not appear to settle (liquidar) said order before the DCAC, nor availed themselves of any of the regulations established in Articles 8, 9, 10, and 11, in order to avail themselves of the benefit when they appear again before INCOPESCA, they must present the complete documentation corresponding to the settlement (liquidación) of the previous application, plus the complete documentation of the new fuel application, adding the respective street-price invoice(s). Excepted from the foregoing are those beneficiaries whose vessels carry out fishing operations (faenas de pesca) lasting more than 60 calendar days." "Article 17.-The beneficiary must submit the following documents with each fuel application:
- a)Fuel application form according to Annex No. 1, duly signed by the beneficiary or duly authorized special representatives (apoderados especiales), as established in this regulation.
- b)Beneficiaries registered in the Simplified Regime of the Ministry of Finance (Ministerio de Hacienda) must issue and present a copy and a photocopy for the INCOPESCA Fisheries Statistics of the Sales Invoice(s) (Factura(s) de Venta) of the product landed daily or at least weekly. Beneficiaries registered in the Traditional Regime of the Ministry of Finance must issue and present a copy and a photocopy for the INCOPESCA Fisheries Statistics of the Sales Invoice(s) of the product landed per fishing trip. In both cases, the invoices must be consecutively pre-numbered and in accordance with the stipulations established in Annex No. 2.
- c)A photocopy compared with its original of the fuel purchase invoice(s) from the previous fishing trip(s), issued by RECOPE or by the fuel dispenser duly authorized by MINAE.
- d)Copy of the previous purchase order with the RECOPE seal, the date, and the signature of the responsible employee, as proof that it was made effective at the different RECOPE facilities.
- e)A compared photocopy or the original of the national departure clearance (zarpe nacional) for vessels belonging to the medium-scale, advanced, and semi-industrial fleet.
- f)Declaration of the fishing trip for vessels belonging to the small-scale artisanal fleet, in accordance with Annex No. 3.
- g)Photocopy of the balance control slip at the service station, duly authorized storage and distribution tanks, fishing organizations with their own tanks, or in the vessel's tanks according to Annex No. 4, duly signed by the beneficiary or a duly authorized third party, at each withdrawal.
h. Any other document that INCOPESCA deems appropriate to address a special or occasional situation, in accordance with what the law provides." "Article 28.-In cases where the fuel was purchased for cash, the date of the fuel invoice must be later than, or on the same date on which the competitively priced fuel purchase order was issued, except when the beneficiary had a fuel balance in their favor that allowed them to start a fishing trip without the fuel consumed on the previous trip(s) having been authorized.
In those cases where the fuel was purchased on credit, the date of the fuel invoice must be later than, or on the same date on which the fuel purchase order was issued; likewise, for processing competitively priced fuel, a copy of the credit fuel purchase invoice must be presented, signed and stamped by the authorized distributor, and the duly paid fuel invoice must be provided when appearing to execute the next procedure."