"Article 3.-Each beneficiary may carry out the procedure for competitively priced fuel, personally or by means of special agents (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 (poder) must be notarized (protocolizado) and issued solely to carry out the administrative procedure for 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 (licencia de pesca).
For its part, the Organization must notify INCOPESCA by means of a notarized special power of attorney (poder especial protocolizado), of the person(s) designated as responsible for the processing and withdrawal of the Purchase Orders (Órdenes de Compra), who must be a member(s) or worker of the same." "Article 6.-For the first-time signing of the Contract that allows 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 any current condition. 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 valid identity card or residency card free of any current condition, of the legal representative.
- d)For those cases in which the Direct Purchase Code (Código de Compra Directa) is requested, once the contract between INCOPESCA and the legal persons (personas jurídicas) 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 (Personas Físicas):
- a)Present the original and provide a photocopy of the identity card or residency card free of any condition, in the event that the previous one is expired.
Legal Persons (Personas Jurídicas):
- a)Provide a valid Certification of Legal Status (Certificación de Personería Jurídica).
- b)Present the original and provide a photocopy of the valid identity card or residency card free of any current condition, of the legal representative, in the event that the previous one is expired or the legal representative has changed.
- c)For those cases in which the Direct Purchase Code (Código de Compra Directa) is requested, once the contract between INCOPESCA and the legal persons (personas jurídicas) is signed, a photocopy of the contract signed with RECOPE must be presented." "Article 7.-In accordance with Article 74 of the Constitutive Law of the Caja Costarricense de Seguro Social (CCSS), the beneficiaries must be enrolled in the independent insurance regime, collective agreement, or the Workers/Employers regime, as well as be up to date with their payment contributions in accordance with the information provided for these purposes by the CCSS.
In those cases where the beneficiary is not registered and/or is in default before 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, statement) issued by the CCSS indicating that they are registered and/or up to date.
Likewise, any natural or legal person (persona física o jurídica) that is in default with INCOPESCA shall not have the right to the granting of preferential-price fuel." "Article 11.-In those cases where a transfer of the Fishing License (Licencia de Pesca) is authorized, INCOPESCA must issue a Temporary Commercial Fishing License for the same period 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 meet the requirements established in this regulation." "Article 12.-Once the expiration deadline determined in the fuel order has passed, and the beneficiary has not appeared before the DCAC to settle said order, nor has 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 before INCOPESCA again, they must present the complete documentation corresponding to the settlement of the previous application, plus the complete documentation for the new fuel application, adding the respective street-price invoice(s) (factura(s) a precio de calle). Excepted from the foregoing are those beneficiaries whose vessels carry out fishing operations lasting more than 60 calendar days." "Article 17.-The beneficiary must present the following documents with each fuel application:
- a)Fuel application form according to Annex No. 1 (Anexo N° 1), duly signed by the beneficiary or duly authorized special agents (apoderados especiales), as established in this regulation.
- b)Beneficiaries registered in the Simplified Regime of the Ministry of Finance must issue and present one copy and one photocopy for the INCOPESCA Fisheries Statistics, of the Sales Invoice(s) for the product landed daily or at a minimum weekly. Beneficiaries registered in the Traditional Regime of the Ministry of Finance must issue and present one copy and one photocopy for the INCOPESCA Fisheries Statistics, of the Sales Invoice(s) for the product landed per fishing trip (viaje de pesca). In both cases, the invoices must be pre-numbered consecutively and in accordance with the stipulations established in Annex No. 2 (Anexo N° 2).
- c)A photocopy, verified against its original, of the fuel purchase invoice(s) from the previous fishing trip(s), issued by RECOPE or by a fuel dispenser duly authorized by MINAE.
- d)A copy of the previous purchase order (orden de compra) with the RECOPE seal, the date, and the signature of the responsible employee, as proof that it was executed at the different RECOPE facilities.
- e)A verified photocopy or the original of the national departure certificate (zarpe nacional) for vessels belonging to the medium-scale, advanced, and semi-industrial fleet.
- f)Declaration of the fishing trip (Declaración del viaje de pesca) for vessels belonging to the small-scale artisanal fleet, in accordance with Annex No. 3 (Anexo Nº 3).
- g)Photocopy of the balance control slip (boleta de control de saldos) 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 (Anexo 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 handle a special or occasional situation, in accordance with what the law provides." "Article 28.-In cases where the fuel has been purchased for cash, the date of the fuel invoice must be after, or else, on the same date that the competitively priced fuel purchase order was issued, except when the beneficiary had a fuel credit balance in their favor, which allowed them to begin a fishing trip without the fuel consumed on the previous trip(s) having been authorized.
In those cases where the fuel has been purchased on credit, the date of the fuel invoice must be after, or else, on the same date that the fuel purchase order was issued, likewise, for the processing of competitively priced fuel, a copy of the credit fuel purchase invoice must be presented, signed and sealed by the authorized distributor, and the duly paid fuel invoice must be provided when appearing to execute the next procedure."