To fulfill this function, the Fondo Nacional de Financiamiento Forestal shall have the following powers:
A- For the sale of projects already executed or in execution: FONAFIFO may commercialize the rights derived from the cession of environmental services already executed or in execution, associated or individually; for this purpose, it must apply the procedure established for this purpose by the Board of Directors of the Fund, but the sale price may not be less than the price paid by FONAFIFO to generate the corresponding environmental service.
B- For the sale of future projects: FONAFIFO may provide services, commercialize, and sign sale contracts or agreements for environmental services of any type that, in its judgment, allow for the financing of forest conservation and afforestation processes; these negotiations, being ordinary matters for FONAFIFO, may be carried out directly.
Contracts and negotiations in general must consider all project costs, as well as monitoring and certification processes when applicable. For these projects, public treasury resources from the single fuel tax shall not be used, and the company, person, or country with which the contract is made must provide the resources for these projects.
For greenhouse gas mitigation projects within the framework of the Clean Development Mechanism, the projects subject to this regulation must comply with the requirements that the Ministry of Environment and Energy has established through the Designated National Authority (AND) for this type of project.
C- General Aspects: The Fondo Nacional de Financiamiento Forestal is authorized, in the contracts it signs, to establish arbitration in law as a means of conflict resolution, in accordance with Law 7727 on Alternative Dispute Resolution and Promotion of Social Peace RAC.
The Fondo Nacional de Financiamiento Forestal is authorized, with the resources generated by these initiatives, to include resources within the Fondo de Biodiversidad Sostenible created by Law 8640, in order to guarantee the financial resources for the long-term sustainability of the projects.
In environmental services payment projects, the Fondo Nacional de Financiamiento Forestal may establish differentiated payment amounts for environmental services in favor of the beneficiaries, according to the zone, modality, supply, and demand when so warranted for reasons of opportunity and convenience.