Decreto 37899 — Regulation to the Law on Promotion of Competition and Effective Consumer Defense

the entire text - Complete Text of Regulation 37899 Regulation to the Law for the Promotion of Competition and Effective Defense of the Consumer, No. 7472 Complete Text Record: F27B1 No. 37899-MEIC THE PRESIDENT OF THE REPUBLIC AND THE MINISTER OF ECONOMY, INDUSTRY AND TRADE In accordance with the powers and attributions granted to them by articles 140, subsections 3), 8), 18), and 20); and 146 of the Political Constitution; articles 27 and 28, paragraph 2, subsection b) of the General Law of Public Administration, Law No. 6227 of May 2, 1978, and the Law for the Promotion of Competition and Effective Defense of the Consumer, Law No. 7472 of December 20, 1994, and;

I.-That on December 20, 1994, the Law for the Promotion of Competition and Effective Defense of the Consumer, Law No. 7472, was promulgated, published in La Gaceta No. 14 of January 19, 1995.

II.-That through Executive Decree No. 36234-MEIC of September 30, 2010, published in La Gaceta No. 211 of November 1, 2010, the Regulation to the Law for the Promotion of Competition and Effective Defense of the Consumer was comprehensively reformed in order to better achieve the objectives of Law No. 7472.

III.-That through Law No. 9072, Law No. 7472, the Law for the Promotion of Competition and Effective Defense of the Consumer, is reformed, establishing new functions for the Commission for the Promotion of Competition and obligations for economic agents. Specifically, the authority of the Commission to conduct in situ inspections, the possibility for economic agents to request the early termination of an investigation for anticompetitive practices, and the obligation of economic agents to previously notify certain economic concentrations are established.

IV.-That it is essential to reform the chapter on installment sales and the future provision of services, in order to dimension the provisions of article 44 of Law No. 7472 and to seek effective defense of the legitimate rights and interests of consumers.

V.-That it is in the State's interest that the positive legal system provide the greatest degree of certainty and clarity for the administered; as well as for the Public Administration itself, for the sake of adequate application of legal norms, reason for which the State must seek the maximum congruence and adaptation of regulatory provisions, with the purpose that they correspond with the current national legislation.

VI.-That through publication in the Official Gazette La Gaceta, a public consultation was conducted on various modifications and additions to Executive Decree No. 36234-MEIC of September 30, 2010; however, given that the additions turned out to be considerable, and would entail changing the entire numbering of the current Regulation; it was considered more appropriate from a regulatory improvement standpoint to proceed with the comprehensive reform of the Regulation to the Law for the Promotion of Competition and Effective Defense of the Consumer, in order to adjust said regulation to the new numbering and update some norms, with the purpose of seeking effective protection of the rights and economic interests of consumers, in accordance with what is established by the Law. Therefore, They Decree:

Regulation to the Law for the Promotion of Competition and Effective Defense of the Consumer, Law No. 7472

General Provisions SOLE SECTION

Considering:

CHAPTER I

This regulation aims to define the rules necessary for the interpretation and application of the Law for the Promotion of Competition and Effective Defense of the Consumer, Law No. 7472 of December 20, 1994.

In addition to the definitions provided in the Law for the Promotion of Competition and Effective Defense of the Consumer, for the purposes of this regulation, the following definitions are established:

Productive Assets: Assets used by the economic agent to generate ordinary income.

Advertising Agency: Natural or legal person whose principal activity is the creation, design, planning, and execution of advertisements or advertising campaigns; as well as the contracting of spaces for dissemination through the different media used for this purpose.

Advertiser: Natural or legal person who uses advertising to publicize the characteristics or benefits of a good or service.

Artisan: Natural person or de facto or de jure entity that acquires finished products or inputs to produce, transform, or repair goods, through a process in which labor is the predominant factor, resulting in an individualized product, on which a personal stamp is imprinted and which does not correspond to mechanized and serial industrial production. The artisan shall be considered a "consumer" for the purposes of the Law and this regulation.

Endorsement/Seal of Approval (Aval): Any type of quality symbol or logotype, included on the packaging or label of a product or in the information of a service, which serves to visually show that the product or service has been verified, certified, or controlled by some specialized entity, according to the corresponding matter.

Barriers to Entry: Factors that prevent or hinder the entry of new economic agents into a market.

Barriers to Competition and Free Concurrence: Any structural characteristic of the market, fact, or act of Economic Agents that has the object or effect of preventing the access of competitors or limiting their capacity to compete in the markets; that prevents or distorts the process of competition and free concurrence, as well as provisions issued by the Public Administration that unduly prevent or distort the process of competition and free concurrence.

(Thus added the previous definition by article 2 of Executive Decree No. 44400 of February 26, 2024) Ticket (Tiquete): It is the instrument legitimizing the contractual relationship in public events (espectáculos públicos), which constitutes the standard-form contract (contrato de adhesión) for the sale of services for future execution.

Advertising Campaign: Programmed dissemination of several advertising advertisements for the same product or service, adapted to the different dissemination tools in the market.

Third-Party Certificate: That certificate prepared by a third party that is not the processing Administration nor the involved party.

Potential Competitor: A potential competitor is considered to be that economic agent that has the possibility of entering the market or competing for it, within a reasonable period according to the sector and without incurring high sunk costs.

Standard-Form Contract (Contrato de adhesión): It is the contract for the sale of goods and provision of future services, which stipulates the rights and obligations of the parties that sign it, subject to the regulations on abusive clauses described in article 42 of Law No. 7472.

Economic Control (Control económico): (Repealed by article 3 of Executive Decree No. 44400 of February 26, 2024) Electronic Commerce: Refers to offering, distributing, selling, granting the use or enjoyment of goods, or providing services through the internet or other electronic means such as social networks, web pages, and virtual platforms.

(Thus added the previous definition by article 2 of Executive Decree No. 44400 of February 26, 2024) Monthly Payment (Cuota mensual): Each of the monthly payments made by the buyer to amortize the debt and pay the interest generated by the financing.

Real Estate Developer: (Repealed by article 42 of the Regulation on Installment Sales for Future Execution of Real Estate Projects, approved via Executive Decree No. 42995 of April 9, 2021) Electronic Address for Service of Process (Domicilio de notificación electrónico): Constituted by the medium or means of communication provided by the merchant or provider on its digital platform for the commercialization of goods or services.

(Thus added the previous definition by article 2 of Executive Decree No. 44400 of February 26, 2024) Consolidated Company: Natural person or de jure entity that acquires and commercializes finished products, goods, and services or inputs to transform them and that is a permanent productive unit (unidad productiva de carácter permanente), which complies with legal formalization and has had more than six months since invoicing its first sale in the activity.

New Company: The natural person or de facto or de jure entity that acquires and commercializes finished products, goods, and services or inputs to transform them. That has six or fewer months since invoicing its first sale in the activity.

Related Companies: (Repealed by article 3 of Executive Decree No. 44400 of February 26, 2024) (*)Public Event (Espectáculo público): It is the generalized sale to the public for the future enjoyment of a service linked to a representation, function, act, event, artistic, musical, sports, or cultural exhibition, organized by a natural or legal person at any place and time, to which the public is massively convened for entertainment, diversion, or recreation purposes through the payment of a monetary consideration.

The following events are exempted from this definition as long as it is sufficiently accredited before the Administration through a document issued by the corresponding public entity:

i. Sports activities organized by their own federations or associations endorsed by the Instituto Costarricense del Deporte y la Recreación (ICODER), corresponding to national or international championships.

ii. Public events (Espectáculos) declared of national, cultural, scientific, educational interest, and any other declared of interest by the corresponding public institution through a reasoned administrative act.

iii. Public events (Espectáculos públicos) organized by public or private educational institutions.

iv. Bullfighting activities, horse parades (topes), patron saint festivals (turnos), and equestrian events.

v. Patron saint festivals or fairgrounds where there is no presale.

vi. Recurring exhibitions that are carried out iteratively and ordinarily in venues intended for such purposes, such as cinema and theater plays.

vii. Live music performances in bars, restaurants, and bars in hotels and spas.

viii. Recreational sports activities in which the consumer competes or actively participates, such as athletics and cycling.

ix. Activities for charity purposes.

x. Activities for educational or training purposes for specific groups.

(*)(Thus reformed the previous definition by article 1 of Executive Decree No. 43721 of September 30, 2022) Guarantee or Bond (Garantía o caución): Legal and enforceable financial instrument, by which the merchant is obligated to indemnify the consumer for the damages suffered in case the merchant breaches the obligations, legal or contractual, held with the consumer.

Performance Bond (Garantía de cumplimiento): Irrevocable promise of payment issued in favor of the State to guarantee, during a specific period and up to a limiting amount, the fulfillment of the obligations established in the plans for installment sales and future provision of services, which constitutes a type of real guarantee.

Performance Bond for Real Estate Properties (Garantía de cumplimiento en bienes inmuebles): (Repealed by article 42 of the Regulation on Installment Sales for Future Execution of Real Estate Projects, approved via Executive Decree No. 42995 of April 9, 2021) Economic Group: (Repealed by article 3 of Executive Decree No. 44400 of February 26, 2024) Ordinary Income: (Repealed by article 3 of Executive Decree No. 44400 of February 26, 2024) Liquidity: Capacity to meet obligations at a specific moment and immediately.

Dissemination Medium: Medium used to disseminate in a programmed manner several advertising advertisements, including television, radio, cinema, public events (espectáculos), transport sides, illuminated signs, billboards, press, magazine, direct mail, email, catalogs, brochures, flyers, point-of-sale material, as well as any other communication medium, whether printed, electronic, telephone, computer-based, telecommunications, or through other technologies.

Relevant Market: (Repealed by article 3 of Executive Decree No. 44400 of February 26, 2024) Statistical Sampling: Techniques that allow determining the part of a population that must be analyzed in order to make inferences about that population. Sampling is statistical when all individuals have the same probability of being chosen to form part of a sample and, consequently, all possible samples of a given size have the same probability of being chosen.

Advertising Offer or Promotion (Oferta o promoción publicitaria): Proposal made with the promise of executing or giving something.

(Thus reforms the previous definition by article 1 of Executive Decree No. 44400 of February 26, 2024) Organizer or Promoter of a Public Event (Organizador o promotor de espectáculo público). Is the person responsible for the plan for the future sale of public events (venta a futuro de espectáculos públicos).

(Thus added the previous definition by article 2 of Executive Decree No. 43721 of September 30, 2022) Small Industrialist: Natural person or de facto or de jure entity that acquires finished products or inputs to integrate them into the production or transformation of manufactured articles, under the criteria established for small businesses in the Income Tax Law and its Regulation. The small industrialist shall be considered a "consumer" for the purposes of the Law and this regulation.

Plan for the Sale of Future Goods and Services: A plan is understood as the set of standard-form contracts (contrato de adhesión) that have the same nature, but may have different characteristics, conditions, and final prices.

Substantial Power (Poder sustancial): (Repealed by article 3 of Executive Decree No. 44400 of February 26, 2024) Final Price: Is the price that the consumer will actually pay for the good or service acquired, which includes all taxes, charges, commissions, or other fees when applicable.

Future Provision of Service: Standard-form contract (Contrato de adhesión) that obligates the parties to buy or sell services at a future date and at a set price.

Principle of Truthfulness: Guarantees that the content of the advertising conforms to the truth, avoiding the distortion of facts or misleading potential consumers.

Financial Products: Any operation or transaction manifested in financial assets or liabilities, regardless of the legal or contractual figure used and the type of document, electronic record, or other analogous means in which said operations or transactions are formalized.

Promotion: Set of activities, techniques, and methods used to achieve specific objectives, such as informing, persuading, or reminding the target audience about the products or services being commercialized.

Provider: Natural or legal person, of a public or private nature, that develops activities of production, manufacturing, importation, distribution, or commercialization of goods or provision of services to consumers.

Advertising: Any form of message that is disseminated, in any way, in the exercise of a commercial, industrial, artisanal, or professional activity with the object of promoting the sale of movable goods, real estate, the constitution or transfer of rights and obligations, or the provision of services, as well as the dissemination of determined ideas.

Abusive Advertising: Any modality of information or communication of an advertising nature that has a discriminatory connotation of any nature, capable of, among others, inciting violence, social and cultural values, or inducing the consumer or user to behave in a harmful or dangerous way for their health or safety.

Comparative Advertising: Advertising in whose messages a comparison is made of the advertised product or service, expressly or implicitly, with similar ones from its competition.

Digital Commercial Advertising: Refers to commercial advertising that uses interactive digital media, primarily intended to promote products or influence consumer behavior.

(Thus added the previous definition by article 2 of Executive Decree No. 44400 of February 26, 2024) Denigratory Advertising: Advertising that, by its content, form of presentation, or dissemination, causes the discredit, denigration, or direct or indirect contempt of a person, company, or its products, services, or activities, potentially misleading consumers by conveying impressions that do not correspond to reality and that may be determining in the final purchase decision of the product in question.

Covert Advertising: Advertising that makes it difficult for a consumer to identify the advertising nature of the message, as it is found in a context of information, fiction, or entertainment, and, in consequence, increases their propensity to be seduced by that hidden promotion, lowering their defenses against advertising, by not realizing that this presence is premeditated and, in most cases, remunerated.

Misleading Advertising: Any type of information or communication of a commercial nature in which texts, dialogues, sounds, images, or descriptions are used that directly or indirectly, and even by omission, may mislead, cause error, or confusion to the consumer, especially regarding:

a)The geographical, commercial, or other origin of the good offered.
b)The place of provision of the agreed service or the technology used.
c)The components or constituent parts of the good offered or the percentage in which they concur.
d)The benefits or implications of the use of the good or contracting of the service.
e)The basic characteristics of the product to be sold or the service to be provided, such as: dimension, quantity, quality, utility, durability, or any other deemed reasonably and indispensable in a contract relating to those goods or services.
f)The date of production or shelf life (vida útil) of the good, when these data are indicated.
g)The scope, duration, conditions, responsible parties, or the procedure for making effective the guarantee offered.
h)Official or private, national or foreign recognitions, approvals, or distinctions, such as medals, seals of approval (avales), prizes, trophies, or diplomas.
i)Price of the good or service offered, forms of payment, and cost of credit.

False Advertising: Any modality of information or communication of an advertising nature, whose content is contrary to the truth.

Recidivism: Recidivism shall be considered when the same offender incurs two or more infractions of the same legal precept within the course of four years, which shall be computed from the finality of the first infraction.

Risk: Occurs when the level of accounting capital of an entity is insufficient to cover losses not protected by estimates, eroding its equity base.

Minimum Wage: (Repealed by article 3 of Executive Decree No. 44400 of February 26, 2024) Conformity Mark (Sello de conformidad): Sign backed by the National Accreditation System, which is granted by a certification body, to be affixed to a product in order to distinguish in the market that it complies with a specific technical standard.

Commercial Services: Services provided by a mercantile company or establishment to its clients, without the need for a personal relationship with them.

Technical or Professional Services: Services provided by a natural or legal person to its clients, with a personal and trust-based relationship mediating.

Electronic Case File System (Sistema de that records all the actions and proceedings that make up the complaint file before the CNC, for alleged infractions of Law No. 7472. The system guarantees the integrity of the data, leaving a record of the history of all movements and procedures carried out in the processing of a complaint.

(Thus added the previous definition by article 2 of Executive Decree No. 44400 of February 26, 2024) Drawing (Sorteo): Method of random selection of a winner or winners from a group of participants. This selection must be carried out impartially, and be associated with promoting or attracting attention, increasing participation, and fostering interest in a product or service.

(Thus added the previous definition by article 2 of Executive Decree No. 44400 of February 26, 2024) Equity Sufficiency: Level of capital that allows companies or whoever carries out the commercial activity to cope with risks, and the eventual losses derived from them, during the development of their operations.

Effective Interest Rate: (Repealed by article 3 of Executive Decree No. 44400 of February 26, 2024) (*)Total Annual Interest Rate (Tasa de Interés Total Anual): Corresponds to the nominal interest rate plus the total of costs, expenses, fines, insurance, and commissions, as well as any other charge. The Total Annual Interest Rate will contain:

a. Ordinary components: understood as all costs, expenses, fines, insurance, commissions, and other charges, whether or not called an interest rate, that are regularly charged to consumers by the credit service provider as part of the credit transaction.

b. Extraordinary components: understood as all costs, expenses, fines, commissions, and other charges, whether or not called an interest rate, that are occasionally charged to consumers by the credit service provider as part of the credit transaction and that depend on a future event." (*) (Thus added the previous definition by article 2 of Executive Decree No. 44400 of February 26, 2024) Ticketing Platform, or Platform (Tiquetera, o plataforma). Is the electronic platform and physical points of sale through which the tickets (tiquetes) or receipts (boletos) to be purchased by the final consumer are sold, which will allow them the enjoyment of the service or public event (espectáculo público).

(Thus added the previous definition by article 2 of Executive Decree No. 43721 of September 30, 2022) Permanent Productive Unit (Unidad productiva de carácter permanente): Is one that enjoys conditions guaranteeing that it is a business establishment, whose exploitation has a future horizon in terms of permanence in the market, growth potential, and financial viability. To qualify as a permanent productive unit, it must at least comply with having been formally constituted for six months or more and have active and continuous permanence in the market.

Technical Unit: Technical Support Unit of the Comisión Nacional del Consumidor, or of the Comisión de Mejora Regulatoria. In the case of the Comisión Nacional del Consumidor, Technical Unit is understood as the Dirección de Apoyo al Consumidor.

(Thus reforms the previous definition by article 1 of Executive Decree No. 44400 of February 26, 2024) Installment Sale (Venta a plazo): Sale of a good or service for future enjoyment within a determined period, under the terms established in article 44 of Law No. 7472.

Installment Sale of Real Estate and Real Estate Development Projects (Venta a plazo de bienes inmuebles y proyectos de desarrollo inmobiliario): (Repealed by article 42 of the Regulation on Installment Sales for Future Execution of Real Estate Projects, approved via Executive Decree No. 42995 of April 9, 2021)

For the purposes of this regulation, it shall be understood as:

CCSS: Caja Costarricense de Seguro Social.

CMR: Comisión de Mejora Regulatoria.

CNC: Comisión Nacional del Consumidor.

COPROCOM: Comisión para Promover la Competencia.

CPCA: Código Procesal Contencioso Administrativo.

DAC: Dirección de Apoyo al Consumidor.

Departamento de Educación al Consumidor y Ventas a Plazo (Thus amended the name of the previous point by article 3 of Executive Decree No. 39917 of August 26, 2016. Previously it stated: "DEPVM: Departamento de Políticas y Verificación de Mercado".)

DIEM: Dirección de Investigaciones Económicas y de Mercado.

DPA: Departamento de Procedimientos Administrativos.

Law: Law for the Promotion of Competition and Effective Defense of the Consumer, Law No. 7472 of December 20, 1994, and its reforms.

LGAP: Ley General de la Administración Pública.

LACOMET: Laboratorio Costarricense de Metrología.

MEIC: Ministerio de Economía, Industria y Comercio.

UTA: Unidad Técnica de Apoyo.

(Thus reformed the previous abbreviation by article 1 of Executive Decree No. 44400 of February 26, 2024)

Deregulation

Rationalization and elimination of procedures

CHAPTER II

SECTION ONE

The elimination of procedures and control and regulation requirements for economic activities by the Public Administration must be governed by the fundamental purpose of protecting the exercise of freedom of enterprise, protection of legitimate objectives, and guaranteeing the defense of productivity, in accordance with the Law.

The Administration shall maintain a permanent attitude of self-evaluation for the elimination of unnecessary procedures and requirements, together with the simplification of those that remain, as a mechanism that -coupled with the suppression of other obstacles to trade- will serve to promote free competition and economic openness.

Regulations that are necessary to protect national security, for the prevention of practices that may mislead or deceive the consumer, the protection of human health or safety, animal or plant life or health, or the environment, among others, are considered acceptable regulations for economic activity.

Regulations related to the promotion of competition, aimed at preventing monopolistic and oligopolistic practices, and those related to the fulfillment of officially adopted quality standards are also considered acceptable.

The review and elimination of procedures and requirements for the regulation of economic activities must be consistent with what is established in special laws and international agreements. This means that procedures and requirements that are expressly provided for in special laws and international agreements cannot be eliminated by the Public Administration, except by instruments of that same legal rank.

However, procedures and requirements established through regulations or other administrative acts must be subject to review and, where applicable, elimination, even if they are based on general provisions contained in special laws and international agreements.

Procedures and requirements of general scope must be grounded in laws or international agreements and be duly published in the Diario Oficial La Gaceta.

The importation of goods and their commercialization in the internal market may not be restricted based on the application of quality standards other than those incorporated in mandatory technical regulations relating to the protection of: human, animal, or plant health, public safety, the environment, and protecting the public from practices that may mislead or deceive it, among others.

Every request for permits, licenses, and authorizations submitted to the Public Administration, related to the fulfillment of procedures and requirements necessary for the access of goods to the national market or with trade regulations, must be resolved by the corresponding body or entity of the Public Administration in accordance with the resolution period granted by the legal system. Said period shall be counted from the submission of the complete request regarding the fulfillment of its essential formalities, understood as those whose defect or omission would be cause for absolute nullity.

Once the period has elapsed without an that correspond, it will suffice for the interested party to comply with what is established in the Ley de Protección al Ciudadano del Exceso de Requisitos y Trámites Administrativos, Law No. 8220, its reform, and its Regulation.

Public offices may not reject or disregard the legal validity of the right thus accredited. If the tacit approval referred to in this article implies defects of relative or absolute nullity, the procedure must be carried out in accordance with the provisions of the Ley General de la Administración Pública.

When procedures, requirements, or regulations are authorized by virtue of positive administrative silence (silencio administrativo positivo), it shall be incumbent upon the CMR, in accordance with its powers conferred in the final paragraph of Article 3 of Ley 7475, to randomly review certain cases, in order to demand an explanation regarding the reasons that gave rise to such silence from the officials responsible for processing and resolving said cases. If a serious fault on the part of the official is determined, action shall be taken in accordance with the provisions of the LGAP.

(Thus amended by Article 4 of Decreto Ejecutivo N° 40387 of February 27, 2017, "Reforma Reglamento a la Ley de Protección al Ciudadano del Exceso de Requisitos y Trámites Administrativos")

To determine the essential nature of the requirements and procedures established, the following characteristics must be met:

a)They must pursue legitimate objectives indicated in Articles 4, 5, and 7 of this regulation.
b)Be indispensable for resolving and finalizing the administrative act.
c)Have their basis in laws or international conventions.
d)Possess a technical basis that is verifiable.
e)Be clear, transparent, and balanced, so as not to cause confusion, nor discretion in their requirement or fulfillment.
f)Follow the principles of effectiveness, efficiency, and procedural economy, in order to achieve the proposed objectives.

In order to determine the characteristics of the requirements and procedures that must be maintained by virtue of being essential, the CMR shall establish categories of regulations based on the subject matter to which they refer (human, animal, and plant health, security, environmental protection, prevention of practices that mislead the consumer, and compliance with officially adopted quality standards, among others), applying in order of priority the specific regulations in force and, in their absence, the general regulations.

In the case of trade regulations framed as technical regulations, the hearing shall be conducted in accordance with the provisions of the Ley del Sistema Nacional para la Calidad, Ley N° 8279, and the Reglamento del Órgano de Reglamentación Técnica, Decreto Ejecutivo N° 32068-MEIC-S-MAG-MICIT-MOPT-COMEX-MINAE, and its amendments.

In the case of other trade regulations, the CMR shall grant a hearing to the organs or entities of the Public Administration that have regulatory competence in the matter and to interested parties, so that they may express their views on the regulations in force and the procedures and requirements they consider essential, granting a hearing period of no less than ten business days and no more than two months, in accordance with Article 361 of the Ley General de la Administración Pública.

Once the information received has been analyzed, the CMR shall forward a report in each case to the Executive Branch, recommending the elimination of those procedures that, in its opinion, are not essential. This report may be part of the opinion prepared by the CMR on the cost-benefit analyses conducted by the regulatory organs and entities in accordance with the Law, or it may be rendered at any other time.

The heads and institutional liaisons must establish the priority procedures that are to be integrated into the Regulatory Improvement and Procedure Simplification Programs of each institution, following the provisions of Article 9 above.

For the CMR to exercise its function of ensuring that trade regulation procedures and requirements comply with the requirements of the preceding Article, all entities and organs of the Public Administration must submit to it, on a four-monthly basis, a report containing all regulations they have issued during that four-month period and those that are in the process of being drafted, in accordance with the Reglamento a la Ley de Protección al Ciudadano del Exceso de Requisitos y Trámites Administrativos, Decreto Ejecutivo N° 37045-MP-MEIC of March 23, 2012.

In accordance with Article 4 of Ley N° 7472, the entities of the Public Administration must conduct a Cost-Benefit Analysis of the regulations that establish new procedures, modify existing ones, or eliminate procedures. To this end, they must comply with the provisions contained in the Reglamento a la Ley de Protección al Ciudadano del Exceso de Requisitos y Trámites Administrativos, Decreto Ejecutivo N° 37045-MP-MEIC of March 23, 2012, which establishes the criteria on which cost-benefit analyses must be based.

Independently of the cost-benefit analyses referred to in the Law, the CMR may request, at any time, from the organs and entities of the Public Administration involved in the registration or listing of laboratories or pharmaceutical, medicinal, food, agrochemical, and veterinary products, a technical-legal report justifying the continued existence of those regulations.

Based on these reports, the CMR shall analyze the advisability of modifying, simplifying, or eliminating any registration or listing procedure or requirement and shall communicate this to the Executive Branch for pertinent effects. The technical-legal reports sent by the organs or entities of the Public Administration to the CMR are not binding upon it.

In the event that the technical-legal report is not sent to the CMR within fifteen business days following the date on which it was formally requested from the respective organ or entity, this Commission may issue its recommendation to the Executive Branch based on the technical elements available to it and criteria of advisability and reasonableness.

When requesting the technical-legal reports from the organs or entities of the Public Administration, the CMR shall also request the opinion of the representative entities of general or corporate interests affected by the review of the registration and listing procedures and requirements. The timeframe shall be the same as that indicated in the preceding paragraph.

SECTION TWO Price regulation in exceptional situations

Price regulation of goods and services by the Public Administration shall preferably be exercised as a mechanism of last resort, on a temporary basis, and only in cases of exception, understood as:

a)The existence of force majeure circumstances or shortages, as well as any other abnormal market behavior that is verified by the Executive Branch.
b)The existence of monopolistic or oligopolistic conditions in the production or sale of goods and services.

For setting the minimum departure price for bananas for export, the procedure provided in the third paragraph of Article 5 of the Law is applicable.

The Minister of MEIC, in the exercise of his/her legal powers, may initiate the price regulation process for goods or services under his/her competence, ex officio, at the request of any organ of the Public Administration or a third party. Said request must be duly substantiated and comply with the requirements established in Form I, annexed to this regulation.

The DIEM shall have a period of five business days to verify compliance with the requirements established in Form I annexed to this regulation. If the request is incomplete, it shall indicate the aspects to be corrected and grant a period of five business days for their correction. If the matters indicated are not corrected within the granted period, the request shall be archived, without prejudice to the interested party's ability to submit a new request subsequently or to the Administration considering it relevant to continue the process ex officio, which it must do by means of a reasoned resolution.

From the verification of compliance with the requirements, the Minister shall have ten business days to request the initiation of a market investigation or order the archiving of the request if it is inadmissible under the terms of Article 13 of this Regulation.

The decision adopted by the Minister must be notified to the petitioner within five business days following the date of its issuance.

During the investigation process, the DIEM may request from economic agents and any organ of the Administration involved in the market of the good intended to be regulated, through forms or any other mechanism that facilitates data collection, the information necessary to determine the appropriateness of the measure. For this purpose, it shall grant a period of ten business days, which may be extended by the DIEM for a maximum additional period of five business days.

With the collected information, the DIEM shall prepare a preliminary report, which it shall submit to a written hearing for ten business days so that interested parties may express their views and provide information they deem relevant.

Once the information gathered in the preliminary report hearing has been evaluated, the DIEM shall issue a final technical report indicating whether or not the price regulation is appropriate, no later than fifteen business days from the conclusion of the written hearing. The opinion issued shall not be binding on the Minister.

If the regulation of the price of the good or service under study is recommended, the technical report shall propose the type of regulation, the regulated price, as well as the mechanism used to obtain said price, and shall submit it for the Minister's consideration.

Within ten business days following receipt of the technical report issued by the DIEM, the Minister shall decide whether the regulatory measure is appropriate or not, which must be done by means of a reasoned resolution.

In cases of regulation due to monopolistic or oligopolistic conditions, before issuing the final decision, the Minister shall request from COPROCOM the opinion referred to in Article 5 of the Law.

If the price regulation is deemed inappropriate, the proceeding shall be ordered archived, with prior communication to the petitioner, if any.

In exceptional cases, the regulation must be preceded by verification by the DIEM of force majeure circumstances or shortages, as well as any other abnormal market behavior.

Likewise, it shall consider the existence of tariff or non-tariff barriers or other obstacles that limit supply in the affected market and assess the possibility of removing them to achieve its normalization.

All of the foregoing shall be applicable except in situations of a duly decreed emergency declaration. (Thus amended the preceding paragraph by Article 1 of Decreto Ejecutivo N° 42239 of March 17, 2020)

In regulation processes due to monopolistic or oligopolistic conditions, the investigation by the DIEM must consider the following aspects:

a)Companies participating in the market and their share of sales.
b)Existence of substitute goods or services.
c)Import data for recent years.
d)Prices of the good or service in recent years, including international prices if necessary and if the information is available.
e)Tariff and non-tariff barriers to entry into the national market.

The opinion of COPROCOM shall have the sole purpose of indicating whether or not the circumstances justifying the establishment of the measure exist.

Likewise, in the event that a change in the conditions that motivated a price regulation has been determined, COPROCOM must be consulted regarding the elimination of the regulatory measure, in accordance with Article 26 of this regulation.

In both cases, COPROCOM shall proceed to issue an opinion, regarding the establishment or suppression of this regulation, within a maximum period of 15 business days from receipt of the consultation, which shall not be binding on the Minister.

COPROCOM shall not rule on the amount of prices or gross profit margins that may be applied, but it must review the parameters of the technical study carried out by the DIEM, ruling negatively on the regulatory measure if it fails to verify its basis.

The Minister shall decide on the appropriateness or not of the regulation within five days following receipt of the opinion of COPROCOM. If he/she decides to depart from the opinion, he/she must do so by means of a duly reasoned resolution.

The opinion of COPROCOM shall not be required for purely quantitative adjustments to the regulation, which shall be carried out by the same organ that ordered the original measure.

To carry out the price regulation of goods and services, the following shall be considered, according to the corresponding market:

a)Costs directly related to the production of the good or service, such as: raw material, packaging materials, labor, electric power, fuels, among others, according to the activity under analysis.
b)Indirect costs such as: administrative expenses, financial expenses, marketing and advertising expenses, distribution expenses.
c)Price competitiveness of the national product compared to the international one.
d)Other factors related to the very nature of the good or service.

In the event of any doubt regarding the actual price of any imported good or service used in determining the production costs of the good or service subject to analysis, international prices may be taken as a reference.

Likewise, variations that affect the sale price, arising from changes in taxes levied on the production, distribution, and consumption of goods and services, must be taken into account.

When costs are used that are not strictly related to the production of the good or service in question, the Public Administration may reject them totally or partially.

The Administration is empowered to assess the possibility of applying other technical instruments to carry out price regulation.

Price regulation shall be implemented via Decreto Ejecutivo, which shall specify the product subject to the measure and the level at which the price regulation is applied, whether the production or marketing stage, which must be the one affected by the exceptional situations indicated in Article 13 of this Regulation.

Furthermore, the type of regulation to be imposed must be indicated, which may be price fixing, establishment of marketing margins, or another control mechanism related to the nature of the good or service to be regulated.

The regulations shall be in force once the Decreto Ejecutivo is published and must be reviewed in periods not exceeding six months, or at any time at the request of interested parties.

Likewise, the Administration may review the regulation mechanism and modify it when it deems it pertinent.

In the case of monopolistic or oligopolistic conditions, the request to eliminate the regulatory measure due to a change in the market structure must be submitted to COPROCOM, which shall grant a hearing for ten business days to the Public Administration and interested parties. The Commission shall issue an opinion and forward it to the Minister so that he/she may decide whether to maintain or eliminate the regulatory measure.

SECTION THREE Other provisions

The elimination of non-tariff restrictions on imports and exports of products, referred to in the second paragraph of Article 6 of the Law, is understood to refer to any license or permit established by law or regulation.

Excepted are the measures provided for in regulations that are maintained or those established for being essential for the protection of national security, for the prevention of practices that may be misleading, the protection of human health or safety, animal or plant life or health, the environment, among others.

Likewise, excepted are those expressly provided for in special laws or international conventions, in particular all those permits, licenses, or quotas contemplated in the agreements of the Ronda Uruguay de Negociaciones Comerciales Multilaterales and in the Ley de Ejecución de los Acuerdos de la Ronda Uruguay de Negociaciones Comerciales Multilaterales, Ley N° 7473 of December 19, 1994.

In this same sense, administrative rules on the labeling of imported products must be structured and applied in such a way that they cannot become a non-tariff barrier, whether due to their excessive complexity, because they grant discretionary interpretation powers to the Administration, or for another similar reason. The CMR shall have competence to examine and request the review of these rules when, in its opinion, they violate the provisions of this Article, both ex officio and at the request of an interested party.

Private chambers and associations may establish registries in accordance with their bylaws and the private legal regime applicable to them.

The registries established based on Article 6 of the Law shall be subject to the following general principles:

a)Their effects shall be limited to the members of the respective private chamber or association, meaning the registries shall not have effects on third parties outside the organization, unless they voluntarily accede to them.
b)They may not be based on discriminatory regulations.
c)They may not issue regulations that constitute violations of the rules on competition and effective consumer defense contemplated in the Law.
d)Under no circumstances may this type of regulation constitute, directly or indirectly, restrictions on the entry of economic agents, whether affiliated or not, to the market of the goods or services in question.

Any person with a legitimate and direct interest may request from the CMR that the participation of professionals and technicians in the procedures or processes for the access of goods to the national market and in other trade regulations be waived, totally or partially.

The CMR may agree to the waiver, after a ten-day hearing granted to the organ or entity of the Public Administration that has regulatory competence in the matter.

It is not appropriate to waive the participation of professionals and technicians when this is required by regulations that have been maintained after the corresponding cost-benefit analyses, because they are essential requirements under the terms of the Law and this Regulation.

CHAPTER III (Thus modified its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from the former Chapter IV to Chapter III, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia which spans from Article 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191) Effective consumer defense

SECTION ONE Consumer rights

Consumers are beneficiaries of the rules of this chapter, whose provisions are non-waivable by the parties and applicable over any customs, practices, uses, or contractual stipulations to the contrary, whether special or general. Producers, service providers, and merchants, both from the public and private sectors, are obliged to comply with them.

For these purposes, the term "client" and all its equivalent expressions, used in any commercial, technical, or professional branch, shall be considered equivalent to "consumer" insofar as it qualifies as such according to the definition contained in the Law and this regulation. (Thus modified its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 87 to Article 30, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia which spans from Article 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

Without prejudice to the provisions of treaties, international conventions to which Costa Rica is a party, ordinary domestic legislation, regulations, general principles of law, and complementary uses and customs; the fundamental and non-waivable rights of the consumer are the following:

a)Protection against risks that may affect their health, safety, and the environment.
b)Protection of their legitimate economic and social interests.
c)Access to truthful and timely information on the different goods and services, with correct specification of quantity, characteristics, composition, quality, and price.
d)Education and dissemination regarding the appropriate consumption of goods or services, ensuring freedom of choice and equality in contracting.
e)Administrative and judicial protection against misleading or abusive advertising, abusive practices and clauses, as well as unfair commercial methods or those that restrict free choice.
f)Effective access mechanisms for the administrative and judicial protection of their rights and legitimate interests, leading to adequate prevention, sanction, and prompt reparation of injury thereto, as appropriate.
g)Receive State support to form consumer groups and organizations and the opportunity for their opinions to be heard in decision-making processes that affect them. (Thus modified its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 88 to Article 31, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia which spans from Article 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

SECTION TWO Duties of the merchant

In addition to the remaining obligations and prohibitions contained in the Law or in this regulation, merchants, producers, and service providers shall have the following duties:

a)Respect in their entirety the conditions of the contract, or compensate for damages and losses otherwise, which shall be claimed through the corresponding channel.
b)Guarantee every good or service offered to the consumer, in accordance with Article 34, subsection g) of the Law, and with the fourth section of this Chapter.
c)Refrain from hoarding, speculating, conditioning the sale, and discriminating in consumption.
d)Terminate the contract under their responsibility, when they have the obligation to repair the good and do not satisfy it within a reasonable time, no longer than thirty business days from receipt of the item.
e)Set reasonable timeframes for filing and responding to claims, according to the nature of the good or service. In any case, the timeframe for responding to the claim may not exceed ten business days.
f)Prove financial solvency and provide proportional guarantees before the Ministerio de Economía, Industria y Comercio for installment sale contracts for goods, future provision of services, and future development projects.
g)Comply with the provisions of Articles 35, 36, 37, 38, 39, 40, and 41 of the Law.
h)Comply with the provisions of the technical regulations in force. Likewise, quality standards must be complied with when the producer or merchant declares that they meet them.
i)Maintain in good working condition, duly calibrated and visible to the consumer, the weights, measures, cash registers, scales, and other measuring instruments used in their businesses, as well as immediately carry out, at the request of MEIC officials, the replacement or repair of those instruments found in poor condition.
j)Deliver or send, by the legally established means, the invoice or proof of purchase, which must indicate clear identification of the goods or services, as well as the price actually charged, and optionally, the respective bar code, in accordance with the provisions of Article 100(*) of this Regulation.

(*) (Note from Sinalevi: Read Article 43.)

k)Guarantee proportionality between the payment made by the consumer and the terms of the contract, according to the nature of the good or service.
l)Adhere to equity, good commercial practices, and the law, in their dealings with consumers.

The MEIC shall ensure compliance with these duties. The transgression of any of the obligations enumerated in this chapter empowers the interested party or the MEIC departments to resort to the CNC or the competent jurisdictional bodies, to enforce their rights, under the terms indicated in Article 46 of the Law. (Thus modified its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 89 to Article 32, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia which spans from Article 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

All actions aimed at restricting supply (abastecimiento), circulation, or distribution of goods and services are prohibited.

The CNC must sanction such actions without prejudice to the powers that COPROCOM also holds, in accordance with Article 27, subsection d) of the Law, to hear and resolve on them in the following cases:

a)Hoarding. When intermediate or final goods for domestic use or consumption are withdrawn, acquired, stored, hidden, or retained, exceeding those necessary for the normal course of business, with the aim of causing scarcity or a price increase; unless they are inputs required to meet the company's own needs or that, for reasons beyond the interested party's control, cannot be traded, which must be adequately demonstrated before the CNC by the merchant or provider.
b)Tied or conditional sales. When the completion of a sale or the provision of services is conditional upon the acquisition of another product or the contracting of another service, unless this has been publicly and unequivocally offered to consumers.
c)Speculation. When goods or services are offered or sold, at various levels of marketing, at prices or with gross profit margins higher than those regulated or offered in accordance with Articles 5, 34 subsection h), 37, and 41 of the Law.
d)Discrimination in consumption. When the provision of a product or service is refused, or when it is offered or provided in an irregular or dilatory manner, unless there is just cause, duly proven by the merchant or producer.
e)Other cases. Any other form of unjustified restriction or manipulation of the supply of goods and services. (Thus modified its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 90 to Article 33, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia which spans from Article 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

SECTION THREE Duty to inform the consumer

It is the obligation of the merchant to sufficiently inform the consumer, in a clear, truthful manner, and in the Spanish language, of all elements that directly affect their consumption decision, in accordance with the provisions contained in the following articles.

All consumer data and information, in advertising, on the shelf, in manuals, or any other medium, must be expressed in legible lettering for the average consumer in terms of form and size, without prejudice to the provisions of specific regulations. The duty to inform is not circumscribed nor limited solely to the pre-consumption decision stage, but extends to all phases of the contractual relationship and execution, including the warranty application stage, in which the merchant must document and inform the state of the good before and after each warranty review, as well as its execution time, when there are contractual modifications and any other aspect that must be made known to the consumer in the execution of contracts, especially when it means an impact on their legitimate economic and social interests or may affect their health, safety, and the environment.

In all services, prior information must be provided on the cost of the service, broken down into materials and labor, including repair services.

(Thus amended by Article 1 of Decreto Ejecutivo N° 44400 of February 26, 2024) (Thus renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 91 to Article 34, as said executive decree ordered the repeal of Chapter III Promotion of Competition, which comprises Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

In application of the technical labeling regulations referred to in the laws in force and in this Regulation, information must be provided on the nature, composition, content, weight, when applicable; the characteristics of the goods and services; the country of origin, the useful life of the products, as well as any other determining information. For these purposes, the provisions of a specific technical regulation shall apply in order of priority and, in its absence, those of a general technical regulation.

(Thus renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 92 to Article 35, as said executive decree ordered the repeal of Chapter III Promotion of Competition, which comprises Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The prices of goods and services must be indicated in a manner that leaves no doubt as to the final amount, including all taxes, charges, or commissions when applicable. Likewise, when the offer is made in foreign currency, the consumer must be informed in a visible, clear, and timely manner that the exchange rate applicable to the transaction corresponds to the reference selling rate of the Banco Central de Costa Rica, in accordance with the provisions of Article 48 of the Ley Orgánica del Banco Central, Ley N° 7558.

Regarding the provision of services by fraction, the consumer has the right to be charged for the fraction actually consumed.

(Thus renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 93 to Article 36, as said executive decree ordered the repeal of Chapter III Promotion of Competition, which comprises Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

In the case of goods, the cash price must be indicated at least on the packaging, the container, the wrapping, the product label, the shelf, or the display rack of the establishment. Commercial services must display their prices in a striking and easily visible manner, through lists, posters, menus, or others. In both cases, the cash price must be indicated in advertising, when its purpose is to promote the sale of specific goods or services.

(Thus renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 94 to Article 37, as said executive decree ordered the repeal of Chapter III Promotion of Competition, which comprises Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

Regarding sales with home delivery and the provision of technical or professional services, the client or consumer must be informed of their exact and complete cost, before formalizing the contracting.

Regarding technical services, a written quote or budget must be provided at the consumer's request.

(Thus renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 95 to Article 38, as said executive decree ordered the repeal of Chapter III Promotion of Competition, which comprises Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

When the product or service is offered on credit, the following data must be informed in advance, clearly, visibly, in writing, and in the Spanish language:

a)The base price of the credit, which must be the cash price.
b)The payment term expressed in months.
c)The monthly installment.
d)The nominal interest rate.
e)Costs, expenses, commissions, and any other mandatory charge that forms part of the total annual interest rate.
f)The amount of the down payment (premium), if any.
g)The total annual interest rate.
h)The total amount to pay at the end of the term, which corresponds to the cash price plus the total annual interest rate.
i)The individual or legal entity providing the financing, if it is a third party.

Any fine or penalty that applies to the credit must be informed to the consumer in advance and calculated within the total annual interest rate.

Upon contracting, written proof must be provided, through a copy of the contract that must be in accordance with the one approved by the National Consumer Commission (comisión nacional del consumidor) as provided in Ley N° 7472 and its regulations.

During the contractual execution, the respective account statement must be delivered monthly.

Payment receipts for installments or partial payments must inform the number of the installment paid, the number of pending installments, the installment amount, the contribution to principal and interest, the outstanding balance after said payment, as well as the total payment amount and, when applicable, the date and place of the next payment.

When additional or extraordinary payments are made, these must be credited to the principal. In addition, they must inform the costs, expenses, fines, commissions, and any other mandatory charge that forms part of the total annual interest rate, as well as collection management charges when applicable.

The charging of other goods or services not related to the credit must not be included in the payment receipts for installments or partial payments. In the advertising of said goods, at least the cash price, the term expressed in months, the nominal interest rate, the total annual interest rate, and the total amount to pay at the end of the term must be indicated. In any case, the information must comply with the provisions of Ley 7472 and its amendments and in Decreto Ejecutivo N° 43270-MEIC of October 22, 2021, Reglamento de las operaciones financieras, comerciales y microcréditos que se ofrezcan al consumidor.

(Thus amended by Article 1 of Decreto Ejecutivo N° 44400 of February 26, 2024) (Thus renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 96 to Article 39, as said executive decree ordered the repeal of Chapter III Promotion of Competition, which comprises Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The debtor shall have the right to advance installments or prepay their debt. When commissions, surcharges, or penalties are intended to be charged for advancing installments or prepaying, the merchant must inform the consumer, prior to making the consumption decision, of the corresponding amount, which must be proportional to the conditions of the transaction in accordance with the provisions of subsection k) of Article 34 of the Law.

In the event that the creditor charges interest illegitimately or does not make the adequate reduction of the principal or the term, as requested by the debtor, the latter is empowered to judicially consign the corresponding installment of the outstanding balance, without the formality of the real offer of payment. The costs of the consignation shall be borne by the creditor.

(Thus renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 97 to Article 40, as said executive decree ordered the repeal of Chapter III Promotion of Competition, which comprises Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

In the commercial sale or lease of goods, the merchant or provider must supply consumers with instructions for properly using the articles, and inform them about the risks entailed by the intended use or that normally foreseeable for their health, safety, and the environment. Such instructions and warnings must be attached or adhered to the article and be written in the Spanish language.

In the case of the provision of commercial services, the consumer must be informed, prior to contracting, whether a foreseeable risk to their health, property, safety, or the environment may or may not derive from them; the merchant is responsible for demonstrating compliance with what is indicated herein.

(Thus renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 98 to Article 41, as said executive decree ordered the repeal of Chapter III Promotion of Competition, which comprises Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

When offering parts, spare parts, or returned, defective, used, rebuilt, or display goods, the merchant must indicate such conditions to the consumer before the purchase, in a precise and clear manner.

When these types of products are sold in the same establishment, they must be kept in a separate place, clearly identified so that no confusion exists. This circumstance shall serve as sufficient warning prior to the purchase.

In addition, the merchant must display at least two signs in Spanish, with lettering at least 20 cm high, visibly to the consuming public, indicating that the goods they sell are used, returned, defective, rebuilt, or display items. Failing this, each article must have a tag or sticker with lettering no less than 2 cm high indicating that condition.

It is also mandatory to inform the consumer, prior to the purchase, if the parts of the articles sold or the spare parts used in repairs are used. Such warning must also appear on the original invoice or receipt that will be given to the client.

If there is no warning about the used, returned, defective, or rebuilt condition of the products, the goods shall be considered new and in perfect condition. These circumstances must be clear in the advertising.

(Thus renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 99 to Article 42, as said executive decree ordered the repeal of Chapter III Promotion of Competition, which comprises Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The invoice or purchase receipt must clearly state, at least:

a)The name of the merchant and the consumer, their respective identification numbers, for individuals or legal entities.
b)The identification of the goods or services transacted.
c)The price actually charged.
d)If it concerns used, rebuilt, returned goods, or any other similar condition provided for in the Law, it must be expressly indicated.
e)The exact address and telephone number of the merchant.
f)Any other aspect regulated in the Law or this regulation.

In cases of mass sales, MEIC is empowered to authorize the establishment of other systems through which the purchase can be verified.

(Thus renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 100 to Article 43, as said executive decree ordered the repeal of Chapter III Promotion of Competition, which comprises Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

It is mandatory to inform the consumer, prior to the purchase, when technical repair services or spare parts for a specific good do not exist in the country. This obligation shall exist only when it concerns specialized repair services or spare parts that are not generically supplied in the market.

This warning must also appear on the original invoice or receipt that will be given to the client.

(Thus renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 101 to Article 44, as said executive decree ordered the repeal of Chapter III Promotion of Competition, which comprises Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

When market verifications ascertain an irregularity in the information that must be supplied to the consumer for their consumption decision and provided that this does not affect health, safety, or the environment, the DAC, within the framework of its competencies, shall issue a warning for the correction of the information to the manufacturer or producer, importer, distributor, or marketer or point of sale, as applicable, prior to the filing of a complaint. The period granted for the correction of the information may not exceed thirty calendar days. The extension of the period may be carried out in accordance with the provisions of Article 258 of the LGAP.

In the case of product labeling, the information set forth in the general labeling regulation and in the specific technical regulations in force at the time of verification must always appear; however, when errors are detected in the form of declaring the parameters established in said regulation, the warning described in the preceding paragraph shall be issued, provided that it does not concern the following aspects:

a)List of ingredients, which includes the declaration of allergens.
b)Expiration date and conservation instructions when necessary.
c)Permit from the Ministry of Health.

The merchant must present, through a notarized sworn statement (declaración jurada notarial), evidence of the correction(s) made within the granted period, without prejudice to the verification powers that the DAC has for this purpose.

The non-presentation of the notarized sworn statement shall presume that the merchant has not amended the information in time, and shall give rise to the filing of the complaint by the DAC.

(Thus renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 102 to Article 45, as said executive decree ordered the repeal of Chapter III Promotion of Competition, which comprises Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

Right to warranty

SECTION FOUR

Every good or service sold or provided must be implicitly guaranteed, regarding compliance with quality standards and technical requirements that, for reasons of health, environment, and safety, are established by the laws, regulations, and respective standards issued by the Public Administration. This implicit warranty refers to the nature, characteristics, conditions, quality, and utility or foreseeable purpose for which it is normally acquired.

(Thus renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 103 to Article 46, as said executive decree ordered the repeal of Chapter III Promotion of Competition, which comprises Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The minimum warranty period shall be thirty business days, counted from the date of delivery of the good or the provision of the service, without prejudice to the merchant or provider granting longer periods, in which case these shall prevail.

(Thus renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 104 to Article 47, as said executive decree ordered the repeal of Chapter III Promotion of Competition, which comprises Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

For durable movable goods, such as equipment, appliances, machinery, vehicles, and tools, or for repair, assembly, or reconstruction services of such goods, the warranty must be provided in writing. This must appear on the label, in a separate document, or on the invoice that must be given to the consumer at the time of selling the good or providing the service.

(Thus renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 105 to Article 48, as said executive decree ordered the repeal of Chapter III Promotion of Competition, which comprises Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The implicit warranty may only be limited in denatured products or goods, that is, those that do not fulfill the normally intended function or purpose. In this case, the merchant or provider must inform, prior to the sale of the good, that it is in conditions different from those deriving from the implicit warranty. In this scenario, they shall be liable under the terms expressly offered, provided that said terms and conditions have been known by the consumer. The merchant or provider is responsible for demonstrating the limitation to the warranty of the good offered or sold.

(Thus renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 106 to Article 49, as said executive decree ordered the repeal of Chapter III Promotion of Competition, which comprises Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The merchant or provider, who according to the provisions of this section delivers a warranty document, must comply with at least the following:

a)Scope. The territorial scope, the object on which the warranty falls must be clearly identified, and the rights of the holder of the same must be clearly detailed. The warranty shall always accompany the good or service while it remains in effect, regardless of whether the holder or owner of the good or service changes.
b)Duration. A warranty duration period must be established, which may never be less than thirty business days, unless a special rule to the contrary extends this period. If a longer period is established, it shall prevail to the benefit of the consumer.
c)Conditions. All conditions or limitations of the warranty must be detailed clearly and precisely, but conditions or limitations that reduce or attempt to denature the rights legally corresponding to the consumer in accordance with Article 43 of the Law and this regulation may not be prescribed.
d)Individuals or legal entities that issue and are responsible for them. The person and address of the party responsible for making the warranty effective must be clearly identified. Compliance with the warranty is demandable, indistinctly, from the producer and the importer of the good or service, as well as from the merchant or provider, except in cases where one of them or a third party assumes the obligation in writing. In the latter scenario, if the provider or merchant delivers to the consumer the warranty certificate in the name of a third party, the latter acts on behalf of and representing the third party, and the warranty shall be integrated as part of the contract for the acquisition of the good.
e)Procedure to make it effective. The consumer must make the article available to the merchant for the effective fulfillment of its warranty, at the point of sale where it was acquired or, failing that, at any other branch open to the public. Once the article is received, the merchant must provide a diagnosis to the consumer, which shall record the general state of the good and the causes of the damage. In the event that the point of sale is temporarily closed, preventing the consumer from filing a warranty claim, it shall be understood that they may do so from the moment the point of sale reestablishes its normal operation or enables alternate mechanisms that facilitate the consumer making the warranty effective, provided that consumers are informed sufficiently and generally.

(Thus amended the preceding subsection by Article 1 of Decreto Ejecutivo N° 42713 of October 9, 2020) (Thus renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 107 to Article 50, as said executive decree ordered the repeal of Chapter III Promotion of Competition, which comprises Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

When it concerns goods of a durable nature, the warranty shall be governed by the following specific provisions:

a)The warranty shall cover defects or flaws that affect the identity between what was offered and what was delivered, and its correct functioning, unless these have been previously informed and recorded in writing, on the invoice or in a separate document, at the time of contracting and the consumer accepts them.
b)During the warranty period, its holder shall have the right, at a minimum and as applicable, to:

1. The refund of the price paid.

2. The exchange of the good for another of the same kind, with similar characteristics or technical specifications, which in no case may be inferior to those of the product that gave rise to the warranty.

3. The free repair of the good.

c)Consumer is understood to mean the holder of the good and the successive acquirers of the right.
d)When the warranty is satisfied through a refund of money, they shall have the right to reimbursement of the value effectively received by the merchant. Where applicable, commissions, operational expenses, associated expenses, and interest must be reimbursed.
e)In the event that the substitution of the good takes place, the warranty shall be deemed renewed for the period initially granted and shall run from the delivery of the good.

When the warranty is applied through the refund of the price paid, the substitution, or replacement of the good with another of identical characteristics, the consumer must return the good to the merchant with all its accessories when applicable, and with no more deterioration than that normally anticipated by use or enjoyment.

If it concerns the provision of a service, the warranty shall give the consumer the right to demand that the result coincides with what was offered. If this is not the case, the consumer may demand the refund of what was paid or, if preferred, the provision of the service again, in whole or in part, according to the agreed terms. The expenses incurred shall be borne by the party obligated to provide the warranty. When the service is provided again as part of the warranty fulfillment, the warranty shall begin anew.

The merchant or provider offering a good or service is legally obligated not only to what is established in the warranty document or contract but also to the offer, promotion, or advertising made, in accordance with Articles 34 and 37 of the Law, and the provisions of this regulation.

(Thus renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 108 to Article 51, as said executive decree ordered the repeal of Chapter III Promotion of Competition, which comprises Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

Warranty repair shall be subject to the following rules:

Repair shall proceed except when:

a. It implies a depreciation of the good's value.

b. The good is denatured.

c. Its characteristics are modified.

d. It becomes unsuitable for the use for which it is habitually intended.

e. Its quality or the possibility of the intended use and enjoyment is diminished.

After the delivery of the repaired good, the merchant shall be liable for the defects that motivated the repair, through the exchange of the good or the refund of the money paid.

It shall be presumed to be the same defect when defects of the same origin as those initially manifested are reproduced in the good, taking into account its nature and purpose.

The following rules apply to warranty repair:

a)Gratuity of the repair. The repair service shall be free of charge and shall include expenses related to spare parts and labor; as well as all administrative, legal expenses, and all those generated as a consequence of its effective fulfillment.
b)On the period and its suspension. The repair must be carried out within a period not exceeding fifteen calendar days counted from the delivery of the good by the consumer, except in exceptional cases when, due to the special nature and characteristics of the good in question, a longer period is required because it is materially impossible, which must be demonstrated by the merchant through objective criteria.

In cases where the exception indicated in the preceding paragraph applies and the repair time exceeds the period of fifteen calendar days, the merchant must supply the consumer with a good of similar characteristics on loan, to be used during this period.

(Thus amended the preceding paragraph by Article 1 of Decreto Ejecutivo N° 42713 of October 9, 2020) The warranty suspension period shall begin when the holder makes the good available to the provider and shall conclude with the delivery to the holder of the already repaired good.

c)On the diagnosis. Prior to the repair, a diagnosis must be provided to the consumer, which shall record the general state of the good and the causes of the damage.
d)On the delivery and scope of the proof. When the good has been repaired under the terms set forth in this article, the provider shall be obligated to deliver to the warranty holder a proof of repair indicating the nature of the repair, the change of parts or spare parts when pertinent, the date on which the warranty holder delivered the good, and the return date of the good by the provider.

In the event of non-compliance with the foregoing provisions, the consumer may request the substitution of the good or the refund of the money.

(Thus renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 109 to Article 52, as said executive decree ordered the repeal of Chapter III Promotion of Competition, which comprises Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The burden of proof regarding the delivery of the warranty document, the suitability, conformity of the good and service, as well as its proper execution, shall fall on the merchant or supplier.

In the event of total or partial non-compliance with what is indicated in this article, it shall be considered an infringement of subparagraph l) of article 34, and the sanction provided for in subparagraph b) of article 57, both of the Law, shall be imposed.

(Thus modified in its numbering by article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former article 111 to article 53, since said decree ordered the repeal of Chapter III Promotion of Competition, which comprises articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

Rectitude in Advertising

SECTION FIVE

All merchants and suppliers of goods or services must offer, promote, or advertise them in accordance with their nature, characteristics, conditions, content, weight, final price where applicable, utility, or purpose, so as not to mislead, abuse, or deceive the consumer. No information may be omitted if harm or danger to the health or safety of the consumer may arise from such omission.

Any special promotion or offer must indicate the previous price of the good or service, the new price or the benefit the consumer would obtain by taking advantage of it, and any limitation or restriction that the offer implies.

All information, advertising, or public offer of goods offered or services to be provided, transmitted by any medium or form of communication, binds the merchant who uses or orders it and forms part of the contract. However, the clauses stipulated in the contracts must prevail if they are more beneficial to the consumer than the content of the offer, promotion, or advertising of the goods and services. If the promotion or offer is subject to limitations or restrictions of any kind, this must be indicated in the advertising.

The producer or merchant who, in the offer, promotion, advertising, or information, fails to comply with the requirements set forth in this section or in numerals 34 and 37 of the Law must be compelled by the CNC to rectify the advertising, pay for it, and disseminate the truthful or omitted information, through the same medium and form previously used, without prejudice to other measures that the CNC may apply in the exercise of its powers.

(Thus modified in its numbering by article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former article 112 to article 54, since said decree ordered the repeal of Chapter III Promotion of Competition, which comprises articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The offer, promotion, and advertising of goods or services by merchants or suppliers shall be governed by the following rules of general application:

a)It must conform to the nature of the goods or services in question, in particular their characteristics, conditions, content, final price, weight, utility, or purpose, where applicable, so as not to mislead or deceive the consumer.
b)The content of the advertising and the conditions offered shall be enforceable by consumers even if they do not expressly appear in the contract concluded or in the document or receipt received. In case of contradiction between the conditions offered through advertising and those established by contract, those that are more beneficial to the consumer shall prevail.
c)Advertising shall not be covert, denigrating, false, or abusive, nor may it contain any statement or visual presentation that directly or indirectly, by affirmation, omission, ambiguity, or exaggeration, could reasonably lead the consumer to confusion, keeping in mind the nature and characteristics of the advertised goods or services, as well as the public to whom the message is directed, and the medium to be used.
d)The relationship between the background and the superimposed text used in the advertising of goods or services, as well as the alignment and orientation used to disseminate additional information, must be presented in such a way that it does not mislead the consumer.
e)In the case of audio advertising, the speed of speech and the background used for both the main information and the complementary, explanatory, or restrictive information of the advertised product or service must be used in such a way that it does not mislead the consumer.
f)Research results or data obtained from technical or scientific publications, as well as the statistics and citations used, must not be presented in an exaggerated manner or out of context in such a way that it distorts the goods or services offered, promoted, or advertised. Scientific language may not be used to falsely attribute validity to advertising claims.
g)References to data, research, surveys, or statistics made in advertising must have responsible, identifiable, and verifiable sources. Partial data from research or statistics may not be used to lead to distorted conclusions. Advertisements may only use scientific information that is clearly identified, verifiable, and necessary for demonstrating the objective qualities of the product.
h)Advertising may refer to the term "guarantee" (garantía) or "guaranteed" when it offers conditions superior to the granted warranty, in which case it must inform what those conditions consist of.
i)The merchant or supplier must inform of the duration of the promotion, as well as guarantee the availability of the promoted item during its duration.
j)In the offer, the merchant or supplier must also inform of the quantity of products or items available during its duration when it involves limited quantities.

(Thus modified in its numbering by article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former article 113 to article 55, since said decree ordered the repeal of Chapter III Promotion of Competition, which comprises articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

Advertising may use testimonials and endorsements for the advertised product provided that they are genuine, verifiable, and based on the prior experience or knowledge of the person giving the statement. The testimonial or endorsement may be used as long as the advertiser has reason to believe in good faith that the person who issued it maintains the opinion or point of view expressed.

Testimonials used in advertising must observe the following rules:

a)They may be used only with the consent of the person giving it, except in the case of legitimate quotes obtained from a source previously published or disseminated to the general public by a third party.
b)The testimonials used must refer to the product being advertised.
c)If the testimonial is reproduced partially, what is omitted must not alter or modify the terms of the portion of the quote that is disseminated.
d)Testimonials that are misleading may not be used, even in cases where they are literally true, but with implications likely to generate error or deception.
e)When they are given by someone who has an economic interest in the advertising company or its products, this circumstance must be clearly indicated.
f)Testimonials may not be given on behalf of large, unidentifiable groups (all housewives, all doctors, etc.).
g)It must be clearly indicated when it involves parodies, representations, or fictitious testimonials.
h)The testimonial, by itself, shall not be considered or presented as proof of the truthfulness of the claims made about the product.
i)A person may give a testimonial in a personal capacity, as a member, or as a representative of an organization, which must be expressly indicated.
j)If the testimonial refers on behalf of an organization, the corresponding proof or authorizations must be available.
k)The use of models portraying a profession, trade, or occupation must not mislead, and its use shall always be limited by the legal and ethical standards governing the portrayed profession, occupation, or trade. The portrayal must be clearly identified as such.
l)A written, dated, and signed document must be obtained from each person who gives their testimonial in favor of the product, which must include sufficient information to identify and locate the signer. This document must be kept for the entire time the advertisement may be disseminated.

All forms of false, misleading, and abusive advertising are prohibited, under the terms and scope defined in this regulation, as they directly affect the consumer's freedom of choice and harm their legitimate rights and interests.

(Thus modified in its numbering by article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former article 114 to article 56, since said decree ordered the repeal of Chapter III Promotion of Competition, which comprises articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

Advertising must comply with the following principles:

a)Truthfulness: The information must correspond to the actual terms or characteristics of the good or service offered.
b)Clarity: The content must be presented without omitting relevant information to understand the nature of the good or service, and must not use ambiguous expressions.
c)Legibility: The advertising must allow for the easy and adequate reading of its content.

(Thus modified in its numbering by article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former article 115 to article 57, since said decree ordered the repeal of Chapter III Promotion of Competition, which comprises articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

Without prejudice to other requirements and conditions that may arise from applicable legal provisions, comparative advertising must comply with the following:

a)The comparison must be based on relevant, objective, and truthful facts, for which there is a reasonable basis.
b)The comparison must be made between products or services that are similar in type, uses, category, and model. Exempt from the foregoing are comparisons made to show advances in technique or product development, in which case this intention must be evident.
c)All information provided must be objectively verifiable and must be based on tests conducted by the advertiser prior to the first dissemination of the message.
d)The mention of competitors' products or services must always be done with respect and probity.
e)In the event that the prices of a product or service are compared with other similar ones, the date on which the competitor's price was obtained must be indicated, as well as the duration of one's own price.

The comparison is not admissible when it is limited to the superlative, general, or indiscriminate proclamation of the superiority of one's own products or the company's position in the market over its competitors. The advertising must indicate the data or sources justifying comparative statements regarding essential, related, and objectively demonstrable facts, provided they are compared with other similar, well-known products or those with a significant market share.

(Thus modified in its numbering by article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former article 116 to article 58, since said decree ordered the repeal of Chapter III Promotion of Competition, which comprises articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

Any merchant conducting a prize draw for a good or service must define in advance the basic conditions for consumer participation and the selection of the winner. In this regard, they must inform consumers sufficiently and without prejudice to the provisions of subparagraph b) of article 34 of Ley N° 7472, at a minimum, of the following:

a)Duration: Start and end date of the prize draw.
b)Object: To describe clearly and sufficiently what it consists of and what steps the consumer must follow to consolidate their right to participate in the prize draw.
c)Restrictions: The limitations must be informed in advance, clearly and precisely in their wording, with the possibility of direct comprehension, without redirects to texts or documents that do not provide the terms of the prize draw beforehand or simultaneously.
d)Claiming the prize or benefit: The consumer must be informed of the procedure for claiming the prize or benefit and from whom, indicating at least the location of the commercial establishment, the office, or the contact person.
e)Selection of the winner: The selection of the winning consumer must be done before a notary public (notario público), or this act must be certified by an affidavit indicating the date, the details of the favored consumer, the manner in which the draw was conducted, the detail of the prize or benefit, and the procedure for delivering the prize or benefit if delivery is not made at the same act. This information must be published through the same media and in the same manner in which the draw was announced, using digital media or social networks or in a mass media outlet, which must be of national reach.

This information must be available to consumers for consultation in the same manner and through the same media in which the promotion is made known to the consumer public, and by any other means as long as the consumer is informed in the advertising of the place to find it. In addition to the foregoing, it may also be sent in digital version to the DAC so that it can make it available to consumers, without prejudice to the merchant's or supplier's duty to publish it on their own. The information described above may be contained in a regulation drafted for that purpose.

It is necessary that the winners of the prize draws be made known through the same media by which the event is announced, as well as through other media the merchant deems appropriate.

(Thus amended by article 1 of Decreto Ejecutivo N° 44400 of February 26, 2024) (Thus modified in its numbering by article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former article 117 to article 59, since said decree ordered the repeal of Chapter III Promotion of Competition, which comprises articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

When there are breaches of the requirements set forth in this regulation, the supplier shall be obliged to rectify the advertising, pay for it, and disseminate the correct or omitted information, through the same medium and form previously used.

The burden of proof for the truthfulness and correctness of the advertising information or communication shall fall on the merchant or supplier.

(Thus modified in its numbering by article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former article 119 to article 61, since said decree ordered the repeal of Chapter III Promotion of Competition, which comprises articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The merchant or supplier who uses descriptions, claims, assertions, or illustrations in advertising that refer to verifiable facts must be in a position to justify them. The truthfulness of the evidence shall be assessed insofar as it demonstrates not only the express claims, but also the overall impression caused or that could be caused by the disseminated material.

(Thus modified in its numbering by article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former article 120 to article 62, since said decree ordered the repeal of Chapter III Promotion of Competition, which comprises articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The CNC is the body with the authority to accept or reject a request for a precautionary measure (medida cautelar) of suspension regarding advertising. This measure must be issued by means of a duly reasoned resolution (resolución), in accordance with articles 53, 56, 61, and 71 of the Law.

(Thus modified in its numbering by article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former article 121 to article 63, since said decree ordered the repeal of Chapter III Promotion of Competition, which comprises articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The seal logos incorporated into a product's packaging constitute a guarantee of quality, form an integral part of the information provided to the consumer, and therefore all provisions of the Law and this regulation are applicable to them.

(Thus modified in its numbering by article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former article 122 to article 64, since said decree ordered the repeal of Chapter III Promotion of Competition, which comprises articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

Product Recall

SECTION SIX

With the exception of those products or services that are dangerous by their very nature, the merchant or supplier who, after having placed a product or service on the market, learns that it presents an unforeseen risk to the life, health, or safety of the consumer, must immediately remove it from the market.

(Thus modified in its numbering by article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former article 123 to article 65, since said decree ordered the repeal of Chapter III Promotion of Competition, which comprises articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

Any recall from the market must be communicated immediately to the DAC by means of a note duly signed by the merchant, accompanied by a simple affidavit containing:

a)A clear indication of the risk or danger motivating the recall.
b)Identification of the products: type of good, model, series, lot, and any other information that allows the product to be individualized.
c)The quantity imported into the country and the quantity sold, where applicable.
d)Identification of the natural or legal persons to whom the products were sold, when possible.

They must likewise accompany the documents with a proposed procedure for the market recall and the actions to remedy the risk situation.

The DAC shall proceed to analyze the documentation accompanying the market recall request and shall rule, by means of a duly motivated administrative resolution (resolución administrativa), regarding the scope of the recall in the market, within a period of ten calendar days (días naturales).

The DAC may order any other measure to guarantee the health and safety of consumers, as well as to clearly inform them of the scope of the recall and the risks posed by the use or consumption of the products. A publication in a mass media outlet, as well as social networks, websites, or any other available medium, shall be ordered to alert all affected consumers.

(Thus amended by article 1 of Decreto Ejecutivo N° 44400 of February 26, 2024) (Thus modified in its numbering by article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former article 124 to article 66, since said decree ordered the repeal of Chapter III Promotion of Competition, which comprises articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The effective period of the recall shall be one year, counted from the date of the publication mentioned in the preceding article.

(Thus modified in its numbering by article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former article 125 to article 67, since said decree ordered the repeal of Chapter III Promotion of Competition, which comprises articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

In the event that it is the Administration that becomes aware that a good or an article has been recalled in other countries, the DAC shall be empowered to request from the merchant or supplier the information described in article 124(*) of this regulation, in order to take the appropriate administrative actions. For this purpose, a period of ten business days (días hábiles) shall be granted, in accordance with article 264 of the LGAP.

(*) (Note from Sinalevi: Read article 66.)

(Thus modified in its numbering by article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former article 126 to article 68, since said decree ordered the repeal of Chapter III Promotion of Competition, which comprises articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

All that is indicated in this section is without prejudice to the measures that the CNC may order in accordance with the Law and this regulation. Also without prejudice to the actions that consumers may bring before the CNC or any other competent body in defense of their legitimate and economic rights and interests.

(Thus modified in its numbering by article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former article 127 to article 69, since said decree ordered the repeal of Chapter III Promotion of Competition, which comprises articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

Door-to-Door Sales and Right of Withdrawal (derecho de retracto)

SECTION SEVEN

These are all sales carried out outside the merchant's or supplier's premises or establishment, provided that the nature of the good permits it.

(Thus modified in its numbering by article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former article 128 to article 70, since said decree ordered the repeal of Chapter III Promotion of Competition, which comprises articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The invoice or proof of purchase to be delivered to the buyer must indicate the seller's address or the place they have designated for the return of merchandise or for customer service. In the absence of such indication, any of the offices or premises they keep open to the public shall be understood as their address, even if they are temporary in nature, or—as a last resort—the address of their legal representative.

The merchant is obliged to notify all consumers of any change in their address through a mass media outlet of national reach, so that they can assert their rights.

(Thus modified in its numbering by article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former article 129 to article 71, since said decree ordered the repeal of Chapter III Promotion of Competition, which comprises articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

Within eight business days (días hábiles) following the completion of the sale, the buyer may rescind the contract without liability. For this purpose, they must send a written notice, either to the seller's address, fax number, or email address stated on the paperwork or the contract, keeping proof of the sending or delivery; unless the seller refuses or makes it impossible to obtain such proof, in which case the consumer may prove due diligence by any of the other evidentiary means provided for in numeral 298 of the LGAP.

The consumer may also appear personally at the merchant's address with the purchased product, if they already have it in their possession.

The right of withdrawal (derecho de retracto) shall be considered properly exercised if it is demonstrated that it was done in a timely and proper manner, even if the declaration did not reach the seller because the latter indicated an uncertain, erroneous, or non-existent address on the invoice.

(Thus modified in its numbering by article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former article 130 to article 72, since said decree ordered the repeal of Chapter III Promotion of Competition, which comprises articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

In the sale of services, withdrawal (retracto) shall only be admissible insofar as the services have not actually been rendered. If they were agreed upon in installments, the withdrawal shall only cover the part not performed before receipt of the notice of rescission, with the buyer having to pay proportionally for the part received.

(Thus modified in its numbering by article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former article 131 to article 73, since said decree ordered the repeal of Chapter III Promotion of Competition, which comprises articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

If the buyer has already received the purchased goods, they must return them unused and in the same conditions in which they were delivered, including their packaging, accessories, and attached literature. In all cases, the original invoice or proof of payment must also be returned.

(Thus modified in its numbering by article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former article 132 to article 74, since said decree ordered the repeal of Chapter III Promotion of Competition, which comprises articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The merchant or supplier shall have a maximum period of eight calendar days (días naturales) to return all amounts received to the buyer, for which they must issue the corresponding receipt.

The indicated period shall run from the day following the receipt of the notice of rescission, unless the buyer already has the merchandise in their possession, in which case it shall run from the day following its return.

Unless the parties agree otherwise, the refund shall be made at the seller's address and in cash.

Transactions carried out through electronic commerce shall be subject to the provisions of article 40 of Ley 7472 and this regulation. In any case, the right of withdrawal (derecho de retracto) that assists the consumer must be exercised through the same medium that the latter used to express their consent, and the refund of all amounts received shall be made through the same medium used to make the payment.

(Thus added the preceding paragraph by article 2 of Decreto Ejecutivo N° 40703 of October 3, 2017) In the absence of an agreement, the consumer may turn to the CNC.

(Así modified its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 133 to Article 75, since said executive decree ordered the repeal of Chapter III Promotion of Competition, which comprises Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

Except in cases of error or proof to the contrary, when the buyer who has given notice of rescission personally receives the purchased goods after the notice, the definitive ratification of the transaction shall be presumed, and the withdrawal shall be considered not made.

(Así modified its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 134 to Article 76, since said executive decree ordered the repeal of Chapter III Promotion of Competition, which comprises Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The right of withdrawal shall not apply in the following cases:

a)In the case of goods that by their nature are consumable, perishable, or cannot be later resold, once they have been installed or used.
b)When the goods subject to the contract must be custom-made or tailored, or imported by special order according to the buyer's own needs; if the seller demonstrates that upon receiving the notice of rescission, the goods had already been custom-made or prepared, or the irrevocable purchase order had already been sent to the foreign supplier.

If the goods were in the process of manufacturing or preparation, or these tasks had only been partially completed, the buyer may exercise the right of withdrawal (retracto) by paying the seller the value of what was done. For its part, if the import order is revocable, the buyer must pay the expenses incurred in both placing and revoking the order.

Merchants who sell this type of goods must warn the consumer, within the contract or in another document, of the limitation on exercising the right of withdrawal (retracto), if it exists.

(Así modified its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 135 to Article 77, since said executive decree ordered the repeal of Chapter III Promotion of Competition, which comprises Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

Concerts and other public shows

SECTION EIGHT

This section shall be subject to the provisions contained in Chapter IX(*), on installment sales and future performance of services of this regulation.

(*) (Nota de Sinalevi: Read Chapter VIII) The advertising used for the promotion, marketing, or offering of the public show must conform to the principles on information and advertising set forth in Ley N° 7472, its regulation, and the provisions of the administrative resolution granting the authorization.

Prior to approval, the organizer may issue advertising for the massive public show, provided that no monies are received from the consumer. The reservation, sale, or any form of marketing of the public show prior to its authorization by administrative resolution shall be prohibited.

(Así reformed by Article 1 of Decreto Ejecutivo N° 43721 of September 30, 2022) (Así modified its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 136 to Article 78, since said executive decree ordered the repeal of Chapter III Promotion of Competition, which comprises Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The merchant must inform the consumer in a clear, truthful, and sufficient manner about all elements relevant to making an informed consumption decision regarding the promoted event. Among these are the date, time, place where it will take place, points of sale, or electronic means for its acquisition.

They must also include, at least, on the tickets or passes (boletos o tiquetes):

a)The final price in the terms of Article 93(*) of this Regulation.

(Así reformed the preceding subsection by Article 1 of Decreto Ejecutivo N° 43721 of September 30, 2022) (*) (Nota de Sinalevi: Read Article 36) b) Numbering and identification of the type of ticket.

c)The name of the event organizer.
d)Identity card number of the natural or legal person, telephone, and physical address of the organizer.
e)The name and identity card number of the natural or legal person of the marketer or seller, the telephone, and the physical address.

The price of tickets or passes (boletos o tiquetes) must be indicated so that there is no doubt of the final amount, including all taxes or additional charges when applicable.

(Así modified its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 137 to Article 79, since said executive decree ordered the repeal of Chapter III Promotion of Competition, which comprises Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

In the event that a variation in the essential conditions of the public show occurs—its object, the price, the place, the date, the artist or performance—this shall give rise to the consumer's right to a full refund of the amount paid.

Likewise, the merchant or supplier, as well as the other parties responsible for the event, must inform in a sufficient and generalized manner about these variations through the same means used to promote and market the public show, with the objective that the consumer decides whether or not to accept the variations, provided they have the authorization in accordance with the provisions of numeral 227(*) of this Regulation. Evidence of compliance with this obligation must be submitted to the DECVP by the means it establishes.

(*) (Nota de Sinalevi: Read Article 163 bis) (Así reformed by Article 1 of Decreto Ejecutivo N° 43721 of September 30, 2022) (Así modified its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 138 to Article 80, since said executive decree ordered the repeal of Chapter III Promotion of Competition, which comprises Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

If a material impossibility to hold the public show according to the essential conditions originally informed arises, the organizer or the ticket seller (tiquetera), as applicable, must proceed with the immediate refund of the totality of what was paid by the consumer for the entry ticket or pass (boleto o tiquete).

(Así reformed by Article 1 of Decreto Ejecutivo N° 43721 of September 30, 2022) (Así modified its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 139 to Article 81, since said executive decree ordered the repeal of Chapter III Promotion of Competition, which comprises Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The procedure for the refund of money to consumers shall be the following:

a)The totality of the amount paid by the consumer must be refunded to them. Within a maximum period of 24 hours counted from the cancellation or the expiry of the period set forth in the third paragraph of Article 226(*) of this Regulation.

(*) (Nota de Sinalevi: Read Article 162) b) Regarding the modification of conditions or the cancellation of the event, the organizer or promoter and the ticket sales platform or ticket seller (tiquetera), as applicable, must inform the consumer of the procedure for the refund of money, in accordance with what is established in the sworn statement submitted for the purposes of the authorization.

c)The effective refund of money to consumers must occur within a maximum period of 72 hours, for which the necessary steps must be taken, as well as arranging suitable places and means for the expeditious execution of the refunds to consumers.
d)When tickets have been purchased by credit or debit card or any other means of payment, the reimbursement must be made through the issuing entities, who must proceed with the indicated reversal of charges without the need for chargeback proceedings by the consumers. The foregoing must be done within a period of no more than 72 hours after the variation or cancellation.

To fulfill the above, the ticket selling companies (empresas tiqueteras) or ticket sales platforms must provide the entities that act as acquirers in the transactions or purchases made via credit or debit cards with all the information required for the effective identification of the transactions corresponding to the canceled event, within a maximum period of twenty-four hours counted from the cancellation of the public show. Likewise, the acquirer entities must transfer the identified funds to each of the issuing entities within a maximum period of twenty-four hours counted from receipt of the information from the ticket selling companies (empresas tiqueteras).

If any impossibility to use this means arises, the consumer must inform the organizer or promoter or the ticket selling company (empresa tiquetera) or ticket sales platform and indicate some alternative for the refund of the canceled amount to proceed.

(Así reformed by Article 1 of Decreto Ejecutivo N° 43721 of September 30, 2022) (Así modified its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 140 to Article 82, since said executive decree ordered the repeal of Chapter III Promotion of Competition, which comprises Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

In the event of a variation of contractual conditions or cancellation of the concert or public show, the merchant who promoted it, the ticket selling company (empresa tiquetera) or ticket sales platform and the points of sale, as well as the entities that act as acquirers in the transactions or purchases made via credit or debit cards, must inform the DAC, under sworn statement authenticated by a licensed notary public, within a period of three calendar days counted from the moment any of the aforementioned situations materializes, without requiring a warning or caution (prevención o apercibimiento) from the DAC; at least the following:

Organizing Company:

a)Natural or legal person promoter or organizer of the show, name of its legal representative(s), means of contact, and place to receive notifications.
b)Name of the ticket selling company(ies) (empresa(s) tiquetera(s)), its legal representative(s), and means of contact.
c)Name and means of contact of the other natural and legal persons involved in the production of the event.
d)The detail of the total tickets sold and the full name of the buyers, as well as the means of payment used.
e)Complete breakdown of the refund of amounts for tickets paid in cash, indicating in each case the name of each buyer, the number of tickets purchased, the place of purchase, the refund amount.
f)In the event that at the time of presenting the sworn statement, amounts still remain to be refunded, explain the reasons for this.

Ticket Selling Company (Empresa Tiquetera), sales platform, and points of sale:

a)Name of the ticket seller (tiquetera), sales platform, or point of sale and its legal representative(s), means of contact, and place to receive notifications.
b)Natural or legal person with whom the provision of services for the canceled event was contracted, name of its legal representative(s), and means of contact.
c)The complete breakdown of the number of entry tickets or passes (entradas o tiquetes) sold, the means used for their direct sale or via credit or debit card, the name of all affected buyers, the number of tickets purchased by each one, the means of purchase used, the amount of each sale, and the total box office takings placed or sold. In the case of payments by credit and debit card, the name and means of contact of the entity or entities that acted as acquirers in processing the transactions.

Financial entity or entities that act as acquirers:

a)Name of the financial entity or entities that act as acquirers in processing the transactions and its legal representative(s), means of contact, and place to receive notifications.
b)Natural or legal person with whom the provision of services for the canceled event was contracted, name of its legal representative(s), and means of contact.
c)The complete breakdown of the number of entry tickets or passes (entradas o tiquetes) paid via debit or credit cards, specifying in each case the name of the cardholder, the name of the entity issuing the credit or debit card, the amount of the transaction, and the date on which the chargeback was executed ex officio.

(Así modified its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 141 to Article 83, since said executive decree ordered the repeal of Chapter III Promotion of Competition, which comprises Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The liability provided for in Article 35 of the Law shall apply to both the producer or organizer, the ticket selling company (empresa tiquetera) or ticket sales platform, the points of sale, and the acquirer entities.

The liability contemplated in this article is strict (objetiva), so the degree of diligence or negligence with which the indicated agents have acted shall not be considered, without prejudice to the actions for recourse that may correspond among them.

(Así modified its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 142 to Article 84, since said executive decree ordered the repeal of Chapter III Promotion of Competition, which comprises Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

When due to non-compliance with the provisions of this section, Article 63 of the Law is understood to have been infringed, the DAC shall proceed to refer the case to the Public Prosecutor's Office (Ministerio Público) for its knowledge and processing.

(Así modified its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 143 to Article 85, since said executive decree ordered the repeal of Chapter III Promotion of Competition, which comprises Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

(Así modified its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Chapter V to Chapter IV, since said executive decree ordered the repeal of Chapter III Promotion of Competition, which comprises Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191) Proceedings before the National Consumer Commission (Comisión Nacional del Consumidor)

General Provisions

CHAPTER IV

SECTION ONE

In the processing of proceedings before the CNC, the following principles shall be followed: pursuit of the real truth, celerity, gratuity, informality, immediacy of evidence, right of defense, simplicity, and good faith.

(Así reformed by Article 1 of Decreto Ejecutivo N° 44400 of February 26, 2024) (Así modified its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 144 to Article 86, since said executive decree ordered the repeal of Chapter III Promotion of Competition, which comprises Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The action before the National Consumer Commission (Comisión Nacional del Consumidor) may only be initiated by virtue of a complaint (denuncia) from any consumer or person, without it being necessary that they are the aggrieved party by the fact being reported.

Public Administration bodies and consumer organizations may report (denunciar) to the CNC the affectation of collective rights and interests of consumers in the terms set forth in the Law.

Complaints (denuncias) before the CNC shall be processed through the Electronic Case File System (Sistema de Expediente Electrónico), with the parties required to register in said system in order to access its documents in real time. The system must guarantee the parties' access by any means or device with an internet connection. Only the parties and their duly accredited representatives shall have access to the documents of the electronic case file. Use and registration in the system is free, and the processing of complaints (denuncias) shall not require legal representation.

The action to file a complaint (denunciar) lapses in a period of six months from the occurrence of the infraction or from when it became known, except for continuous acts, in which case it begins to run from the last act. Said period may be extended for six more months, provided that the consumer demonstrates that within the first six months, the reported supplier did not resolve their request satisfactorily.

(Así reformed by Article 1 of Decreto Ejecutivo N° 44400 of February 26, 2024) (Así modified its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 145 to Article 87, since said executive decree ordered the repeal of Chapter III Promotion of Competition, which comprises Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

Complaints (denuncias) for infringement of the Law must be submitted in writing and in the Spanish language before the CNC, using any of the following means:

a)Electronically through the DAC's digital case file system, located at www.consumo.go.cr, and completing the electronic complaint (denuncia) form, which may be electronically signed, or using prior registration as an authentication factor, in which case a signature shall not be required.
b)In person, by completing the signed complaint (denuncia) form or document.

(Así reformed by Article 1 of Decreto Ejecutivo N° 44400 of February 26, 2024) (Así modified its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 146 to Article 88, since said executive decree ordered the repeal of Chapter III Promotion of Competition, which comprises Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

Every complaint (denuncia) filed must meet the following requirements:

a)Data of the Complainant (Denunciante).

1. Full name of the complainant (denunciante).

2. Physical or legal person identity card number, or identification document of the complainant (denunciante).

3. Email or place to receive notifications.

b)Data of the Respondent (Denunciado).

1. Full name or corporate name (razón social) of the respondent (denunciado).

2. Identity card number or identification document of the respondent (denunciado), or legal entity identity number if it is a legal person.

3. Exact and current physical address in Costa Rica of the respondent (denunciado). In the case of electronic commerce, the electronic domicile for notifications that appears on the merchant's digital platform or internet sites.

c)Facts of the complaint (denuncia). Clear, precise, and detailed explanation of the reported facts and the exact dates on which they occurred.
d)Evidence.

1. Physical or electronic invoice, or proof of purchase, or other means that prove the payments made.

2. Certificate or documentary proof stating the warranty period greater than 30 days, when applicable.

3. Other means of evidence necessary to support the complaint (denuncia).

The complaint (denuncia) is not subject to other formalities nor shall it require authentication of the complainant's (denunciante) signature.

(Así reformed by Article 1 of Decreto Ejecutivo N° 44400 of February 26, 2024) (Así modified its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 147 to Article 89, since said executive decree ordered the repeal of Chapter III Promotion of Competition, which comprises Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The condition of artisan and small industrialist, in accordance with the provisions of Ley N° 7472 and this Regulation, must be accredited by the interested party in the following manner:

a)Artisan: a simple sworn statement that contains, at a minimum, a description of the activity to which they dedicate themselves.
b)Small industrialist: Comply with the PYME condition in the Industry category, in accordance with the provisions of Ley N° 8262 and its Regulation, Decreto Ejecutivo N° 39295-MEIC, according to what is established by the Small and Medium Enterprise Directorate (Dirección de Pequeña y Mediana Empresa) of the MEIC.

The DAC shall verify the PYME condition with the Small and Medium Enterprise Directorate (Dirección de Pequeña y Mediana Empresa) of the MEIC.

(Así reformed by Article 1 of Decreto Ejecutivo N° 44400 of February 26, 2024) (Así modified its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 148 to Article 90, since said executive decree ordered the repeal of Chapter III Promotion of Competition, which comprises Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

When the complaint (denuncia) is unclear, such that it is impossible to establish the fact that motivates it, or does not meet the requirements, the complainant (denunciante) shall be warned (prevendrá) to correct or complete the defects, for which a period of no more than five business days shall be granted.

If they are not corrected or completed within that period, or if the complaint (denuncia) is inadmissible, they shall be summarily rejected (rechazadas de plano) by the UTA, in accordance with Article 292 of the General Law of Public Administration (Ley General de la Administración Pública).

Against the resolution that rejects a complaint (denuncia), only the appeal (recurso de apelación) is available, which must be filed within a period of three business days, counted from the business day following the electronic transmission of the notification, and it shall be heard by the CNC.

(Así reformed by Article 1 of Decreto Ejecutivo N° 44400 of February 26, 2024) (Así modified its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 149 to Article 91, since said executive decree ordered the repeal of Chapter III Promotion of Competition, which comprises Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

Before the formal start of the proceeding and when purely patrimonial interests are involved, the UTA may conduct the Conciliation Stage (Etapa de Conciliación), for which it may use any means that permits it, whether through joint or separate meetings, by telephone, virtual, or in-person means. To this end, it shall notify the parties of the start of the Conciliation Stage (Etapa de Conciliación), in which they shall be warned (prevendrá) to present proposals aimed at the conciliatory settlement of the conflict, as well as to indicate an electronic means to receive notifications, if they have not yet done so. The omission to indicate a suitable electronic means to receive notifications shall necessarily entail the application of automatic notification of the subsequent procedural actions. Once the offers or proposals for a conciliatory settlement are received, the UTA shall begin the process of negotiation and reaching agreements with the parties for a period of fifteen business days, which may be extended for an additional seven business days when the parties so request and achieving the agreement warrants it.

If the parties agree to resolve their conflict during the Conciliation Stage (Etapa de Conciliación), the UTA shall draw up a Conciliatory Agreement Record (Acta de Acuerdo Conciliatorio) with the detail of the terms on which there was agreement, which must be signed by the parties and by the conciliator, who shall authorize it. Said agreement shall have the authority and efficacy of material res judicata (cosa juzgada material) in accordance with Article 9 of the Law on Alternative Conflict Resolution and Promotion of Social Peace, Ley N° 7727, thereby archiving the administrative case file. In case of non-compliance with the conciliatory agreement, the provisions of Article 64 bis of Ley N° 7472 shall apply. If an agreement is not reached in the Conciliation Stage (Etapa de Conciliación), or if one or both parties state in writing their desire not to conciliate, this shall be recorded in a record of conclusion of the Conciliation Stage (Acta de conclusión de la Etapa de Conciliación), in which the complainant (denunciante) shall be granted a period of five business days to ratify the complaint (denuncia), under penalty of archiving if no statement is received within the established period. In the same act of ratifying the complaint (denuncia), the complainant (denunciante) may reformulate or expand the facts.

Against the resolution that archives the complaint (denuncia), only the appeal (recurso de apelación) is available, which must be filed within a period of three business days, counted from the business day following the electronic transmission of the notification, and it shall be heard by the CNC.

(Así reformed by Article 1 of Decreto Ejecutivo N° 44400 of February 26, 2024) (Así modified its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 150 to Article 92, since said executive decree ordered the repeal of Chapter III Promotion of Competition, which comprises Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The UTA shall resolve those preliminary questions that arise during the course of the proceeding and that put an end to it, having to immediately elevate the consultation to the CNC, in accordance with the provisions of Article 292 of the LGAP for its knowledge and resolution.

(Así modified its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 151 to Article 93, since said executive decree ordered the repeal of Chapter III Promotion of Competition, which comprises Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

Once the admissibility and conciliation stages are concluded, in cases where the latter is applicable, the officials of the UTA shall immediately constitute themselves as directing body and shall have a period of five business days to initiate the respective proceeding, by issuing the opening order (auto de apertura) in which the notification of charges (traslado de los cargos) shall be made, and the parties shall be granted the right to submit pertinent evidence.

This opening order (auto de apertura) shall be notified by the electronic means indicated in accordance with Article 56 of the Law.

The resolution initiating the proceeding shall have the following minimum content:

a)Identification of the merchant or supplier allegedly responsible.
b)Description of the facts that motivate the opening of the proceeding, their possible classification, and the sanctions that may correspond, without prejudice to what results from the investigation (instrucción).
c)Indication of the right to formulate allegations and submit evidence, within a period of 5 business days counted from the business day following the notification of the opening order (auto de apertura).

If testimonial or expert evidence is offered, the full name, identity card number, and means to process the summons of the corresponding person must be indicated.

Against the resolution that initiates the proceeding, the remedies of revocation (revocatoria) and appeal (apelación) are available, which must be filed within the following twenty-four hours counted from its notification, in accordance with the provisions of the law on notifications.

The appeal for reversal will be resolved by the directing body within a period of eight business days, and the appeal will be resolved by the CNC within a period of 8 business days.

(Thus amended by Article 1 of Decreto Ejecutivo N° 44400 of February 26, 2024) (Thus its numbering modified by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 152 to Article 94, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

In the proceeding, all means of evidence recognized by public and private law shall be admissible, including the use of electronic documents, in accordance with Ley N° 8454 of August 30, 2005, Ley de Certificados, Firmas Digitales y Documentos Electrónicos. The parties must provide the evidence to support their petition.

Once the period granted to the parties in Article 152(*) of these regulations has elapsed and in the event that they have provided only documentary evidence, the directing body shall grant a hearing to the parties for a period of three business days so that they may refer to said evidence and issue final conclusions. Once this period has expired, the investigation phase of the proceeding shall be concluded by means of an order concluding the investigation (auto de conclusión de la instrucción), and the case file shall be transferred to the CNC for it to issue the final resolution (resolución final), in accordance with Article 156(**) of these regulations.

(*) (Sinalevi Note: See Article 94) (**) (Sinalevi Note: See Article 97) In the event that testimonial or expert evidence is offered, which is indispensable for verifying the real truth of the facts, the directing body shall issue summonses (cédulas de citación) for the witnesses or experts whose testimony it deems pertinent for the normal development of the proceeding or for its final decision.

The proposing party must, within a period of three days counted from the business day following the issuance of the summonses, complete the service of process (diligenciar la notificación) of the same and present proof of its proper communication in the electronic case file (expediente electrónico). Subsequently, the directing body must convene an oral and private hearing (comparecencia oral y privada); for this purpose, it shall have a period of ten business days, and there must be a minimum advance notice of five business days between the service of process of the summons and the date of verification of the hearing.

In the event that the summonses are not served in a timely and proper manner, the complaint shall be processed as indicated in the second paragraph of this article.

(Thus added by Article 2 of Decreto Ejecutivo N° 44400 of February 26, 2024) (Thus its numbering modified by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 152 bis to Article 94 bis, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

At the oral and private hearing, the testimonial and expert evidence indispensable for verifying the real truth of the facts shall be admitted and received, as well as the arguments and conclusions of the parties that are pertinent.

The summons to the hearing shall be made with five business days' advance notice and shall be carried out in accordance with the rules established in these regulations.

The directing body must resolve all preliminary issues arising within the proceeding, in accordance with its competence.

The oral and private hearing may be conducted in person or virtually, or both, using telecommunications for such purposes, when comprehensive and simultaneous communication between the parties to the process is guaranteed. This communication shall encompass video, audio, and data.

It shall be the responsibility of the parties subject to the proceeding to state their consent or lack thereof to participate in the hearing by videoconference, and to demonstrate that they have the technological conditions required in the protocol established for this purpose.

When one of the parties cannot participate virtually by videoconference, the hearing may be conducted in a hybrid manner, allowing the physical presence of one of them and the virtual presence of the party or parties that have not expressed an objection to this modality.

The foregoing, provided that the directing body does not deem it more appropriate to hold the hearing with the physical presence of the parties, in which case it shall assess the appropriateness of holding the hearing virtually, in accordance with the principles of efficiency and effectiveness.

In any case, it must be guaranteed that, during the procedural act of the hearing, the parties have suitable, private, and simultaneous means of communication, so that their right to maintain full and effective contact with the other participating parties in the proceeding is never violated. In this way, the principles of due process, privacy, concurrence, deliberation, direct examination (interrogación), and cross-examination (contrainterrogatorio) are guaranteed, in accordance with the provisions of Article 317 of the Ley General de la Administración Pública.

A record (acta) shall be drawn up of this hearing, which must be signed by the directing body attesting to what took place, and which shall state the date, the case file number, the start and end time, and the identification of the participants.

A digital recording of video, voice, and data shall be kept of the hearing, which shall form an integral part of the administrative case file (expediente administrativo).

The CNC shall issue a protocol for conducting virtual hearings, which shall be publicly accessible, in which the technical requirements and the manner in which the hearing will be conducted shall be recorded.

With the holding of the oral and private hearing, the investigation phase of the proceeding shall be concluded by means of an order concluding the investigation, and the case file shall be transferred to the CNC for its final decision.

In the event that the directing body deems it necessary to complete the evidence, it shall request authorization from the CNC within a period of three business days counted from the conclusion of the hearing to gather it, indicating the type of evidence to be taken and the date on which the second hearing will be held, which must be served with five business days' notice prior to its holding. The CNC shall have a period of eight days to resolve this authorization.

(Thus amended by Article 1 of Decreto Ejecutivo N° 44400 of February 26, 2024) (Thus its numbering modified by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 153 to Article 95, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The CNC may order evidence for better resolution, on an exceptional basis, when it deems it pertinent for the clarification of the facts reported. Once the requested information is submitted, the opposing party shall be granted a hearing for a period of three business days for whatever is appropriate under the law.

(Thus its numbering modified by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 154 to Article 96, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The UTA must prepare the draft final resolution within a period of 15 business days counted from the order concluding the investigation, for the knowledge and approval of the CNC, which must issue a final decision within the following 10 business days.

The order issued by the CNC in the final resolution of the proceeding must be clear, precise, and detailed, indicating how, when, and where it must be complied with and the period for doing so.

(Thus amended by Article 1 of Decreto Ejecutivo N° 44400 of February 26, 2024) (Thus its numbering modified by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 156 to Article 97, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

To determine the sanction to be imposed, the CNC must take into consideration the following sanction-grading criteria, which must be clearly and extensively substantiated in the resolution:

a)The risk to health, consumer safety, or the environment. b) The seriousness of the non-compliance with quality standards. c) The positioning of the infringer in the market. d) The seriousness of the damage caused. e) Repeat offenses (reincidencia) by the infringer. f) Negligence in timely remediation by the sanctioned party, as an aggravating factor. g) Full and timely reparation to the affected consumer, as a mitigating factor. h) The amount of the benefit obtained. i) The intentional nature of the infringement. j) The seriousness of the infringement. k) The damage or harm caused to the consumer, or to society in general.

When the violation of one norm necessarily results in the commission of another or other infringements, the sanction corresponding to the highest fine must be imposed.

(Thus amended by Article 1 of Decreto Ejecutivo N° 44400 of February 26, 2024) (Thus its numbering modified by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 157 to Article 98, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

Against the final resolution of the CNC, only the motion for reconsideration (recurso de reposición) is available, which must be filed within a period of three business days counted from the business day following the electronic transmission of the notification. If no appeal is filed, or once the motion for reconsideration is resolved, the administrative remedy (vía administrativa) shall be deemed exhausted.

The UTA shall have a period of eight business days to submit the motion for reconsideration to the CNC for its consideration, and the CNC shall have a period of eight business days to issue the respective resolution.

The final resolutions emanating from the CNC may be challenged directly before the Jurisdicción de lo Contencioso Administrativo.

(Thus amended by Article 1 of Decreto Ejecutivo N° 44400 of February 26, 2024) (Thus its numbering modified by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 158 to Article 99, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The CNC may inform the public or order, at the expense of the infringer, the publication in a social communication medium of the sanction or order imposed, the name or corporate name of the infringer, and the nature of the infringement, when any of the following situations occur:

a)Actual or potential risk to consumer health or safety. b) Harm to the environment. c) Non-compliance with respective quality standards or technical regulations. d) Repeat offenses as defined in Article 2 of these regulations. e) Direct or potential harm to the interests of the generality of consumers.

(Thus its numbering modified by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 159 to Article 100, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The parties and their representatives must register in the Electronic Case File System (Sistema de Expediente Electrónico) to have access to the case file and its documents, and must also designate an email address as means of notification.

The merchant or supplier must additionally designate an email address to handle proceedings arising from complaints filed against them before the CNC.

It is the responsibility of the merchant or supplier to keep the data indicated in the preceding paragraph duly updated. The omission of designating a suitable electronic means for receiving notifications shall necessarily entail the application of automatic notification (notificación automática), whereby procedural actions and resolutions shall be considered notified upon the lapse of twenty-four hours from their issuance and publication in the Electronic Case File System.

The same consequence shall occur when the notification cannot be made through the designated electronic means. In this case, the notification shall be considered completed with the electronic transmission receipt or the respective record, unless it is demonstrated that this was due to causes not attributable to the party.

For purposes of the initial notification, and provided that no electronic means for receiving notifications has been designated in accordance with the final paragraph of Article 56 of Ley N°7472, this must be carried out at the commercial establishment, where the good or service was contracted, or at any other agency or branch thereof open to the public. In the event that the merchant does not have an open commercial establishment, notification may be made through any other means designated for receiving notifications in state offices and that is of public knowledge, as well as at the electronic notification address appearing on its digital platform or website, at the email address appearing on invoices, payment receipts, contracts, platforms, or websites, which shall be considered valid means of notification for communicating administrative acts related to conciliation proceedings and administrative proceedings before the CNC. In the event that all notification possibilities are exhausted without success, the administrative case file shall be archived.

In matters not provided for in this article, the provisions of the Ley de Notificaciones Judiciales, Ley N° 8687 of December 4, 2008, shall apply supplementarily.

(Thus amended by Article 1 of Decreto Ejecutivo N° 44400 of February 26, 2024) (Thus its numbering modified by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 160 to Article 101, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

In cases of infringement of Article 67 of the Law, the formal certification (certificación) to be issued by the respective unit shall serve as the complaint, indicating: name or corporate name of the respondent, identification details or general data, exact address of the establishment, a precise list of the reports, documents, or samples that were not delivered by the respondent, the period granted to comply, a copy of the request with date received, and proof that, upon expiration of the period, the requirement was not met.

These cases shall be processed through a summary administrative proceeding (procedimiento administrativo sumario), with the case file being deemed investigated (instruido) by means of the aforementioned certification, and proceeding directly to grant the hearing provided for in Article 324 of the LGAP. In the event that the CNC deems the infringement proven, in the final act it must order the infringer to comply with what was originally required, within the period that shall be set for this purpose and which shall be no less than ten business days, under warning that failure to do so will result in certifying portions of the file (testimoniar piezas) to the Ministerio Público in accordance with the provisions of Article 68 of the Law.

In assessing the case, the CNC shall be obligated to weigh the reasonableness and justification of the requirement made to the respondent, such that it is exonerated in cases where the information, documents, or samples requested are considered excessive or outside the functions of the MEIC.

(Thus its numbering modified by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 161 to Article 102, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

From the very moment the complaint is received, the UTA must act expeditiously to collect and preserve all evidentiary elements of relevance to the case, even if the conciliation stage has not been processed or exhausted.

(Thus its numbering modified by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 162 to Article 103, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

When the parties decide to resort to arbitration under the terms of Article 58 of the Law, the provisions established in the Ley de resolución alterna de conflictos y promoción de la paz social, Ley N° 7727, shall apply.

The parties must communicate in writing to the administrative case file their decision to submit to arbitration.

The UTA must accept the request and shall proceed with the archiving of the pecuniary claim from the administrative case file.

The decision to submit a case to arbitration shall not prevent the CNC from hearing or continuing to hear its non-pecuniary aspects, when it is deemed that the collective interest is at stake. In this case, the competent unit of the MEIC shall automatically be considered a party, with which the proceedings shall continue.

The mandatory imposition of arbitration by the adhering party in adhesion contracts (contratos de adhesión) shall be deemed not written, as it is considered an abusive clause (cláusula abusiva) in accordance with Article 42 of Ley N° 7472.

The processing of the arbitration process shall be carried out in accordance with the provisions of Chapter 3 of the Ley de resolución alterna de conflictos y promoción de la paz social, Ley N° 7727, and its regulations, Decreto Ejecutivo N° 32152-J of October 27, 2004.

(Thus amended by Article 1 of Decreto Ejecutivo N° 44400 of February 26, 2024) (Thus its numbering modified by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 163 to Article 104, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

Precautionary and Preventive Measures (Medidas cautelares y preventivas)

SECTION TWO

When appropriate, the CNC may order the precautionary measures it deems necessary in accordance with Article 61 of the Law and the provisions of the CPCA.

After receiving a complaint, and even when the conciliation stage has not been processed or exhausted, the UTA may request that the CNC apply precautionary measures such as ordering the freezing or seizure (decomiso) of goods or products, or ordering the suspension or cessation of the reported acts.

In cases of merchandise that is damaged, adulterated, expired, offered at a price higher than permitted, or hoarded; which in any way could seriously harm the consumer or deceive them, a clear indication (indicio) of its existence shall suffice.

For the adoption of a precautionary measure in the proceeding, the procedure described in the CPCA must be followed.

(Thus its numbering modified by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 165 to Article 105, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

Once the precautionary measure is requested, the CNC, upon petition by a party, may adopt and order extremely precautionary provisional measures immediately and prima facie, in order to guarantee the effectiveness of the resolution that is finally adopted. Such measures must maintain the necessary link with the object of the process.

(Thus added by Article 2 of Decreto Ejecutivo N° 44400 of February 26, 2024) (Thus its numbering modified by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 165 bis to Article 105 bis, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

When agreeing to the measure, the CNC may require the immediate completion of a technical study (estudio técnico) to determine the necessity of maintaining the ordered precautionary measure. Such a technical study shall not be necessary when the reported fact is evident and manifest.

The period for rendering the report may not exceed two months, except in duly qualified cases that, according to the rules of science, technique, logic, or convenience, require a longer period to complete it.

Once the period has elapsed, the individuals affected by this measure must be granted a hearing for three business days to provide evidence and argue as they see fit.

Upon completion of that procedure, the CNC, by means of a reasoned resolution, must resolve what is appropriate, including whether or not the seizure of the goods should be maintained. In the case of suspension of services, within the same period it may order that the suspension be maintained until the matter is finally resolved at its venue.

When a resolution ordering seizure is issued, the seized merchandise must be donated to a charitable institution or destroyed if it is dangerous.

(Thus its numbering modified by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 166 to Article 106, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

In cases the CNC deems appropriate, and provided that the harm to the consumer is not imminent, the CNC may issue a warning (prevención) to suspend, cease, or correct the reported act within a period not exceeding ten business days.

If the warning is complied with, upon verification, the administrative case file shall be archived. Otherwise, the administrative proceeding shall continue.

This warning shall only be made in those matters that meet the following characteristics:

a)That no individualized harm has been caused to a consumer. b) That it concerns a matter that can be remedied regarding basic commercial information to the generality of consumers, such as the indication of the price of goods and services, the inclusion of corresponding taxes in the final price, and credit sale systems.

In cases of repeat offenses, the warning contemplated in this article shall not apply.

(Thus its numbering modified by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 167 to Article 107, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

(Thus its numbering modified by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Chapter VI to Chapter V, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191) Common Provisions for the Comisión para Promover la Competencia and the Comisión Nacional del Consumidor

On Sessions

CHAPTER V

SECTION ONE

The President shall be appointed from among the members of the respective Commission, by an absolute majority of its members, and shall serve in their position for two years, and may be re-elected.

(Thus its numbering modified by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 168 to Article 108, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The President shall have the following powers and duties:

a)To preside, with all necessary powers for this purpose, over the meetings of the body, which they may suspend at any time for justified cause; b) To ensure that the Commission complies with the laws and regulations related to its function; c) To set general guidelines and issue instructions regarding the formal aspects of the body's work; d) To convene extraordinary sessions; e) To prepare the agenda, taking into account, where appropriate, the petitions of the other members formulated at least three days in advance; f) To resolve any matter in the event of a tie, for which case they shall have a casting vote (voto de calidad); g) To act as spokesperson for the Commission before any instance; h) To execute the agreements of the Commission; and, i) Any others assigned by laws and regulations.

(Thus its numbering modified by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 169 to Article 109, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The CNC shall appoint a Secretary, who may or may not be one of its own members, and who shall have the following powers and duties:

a)To draw up the minutes (actas) of the body's sessions. b) To communicate the resolutions of the body, when this does not correspond to the president. c) To issue certifications of proceedings, case files, resolutions, conciliation agreements that are totally or partially unfulfilled, and others that, in accordance with the law and regulations, must be addressed. d) Any others assigned by law or regulations.

The appointment of the Secretary shall be for a term of two years, automatically renewable for the same term, unless otherwise agreed.

(Thus amended by Article 1 of Decreto Ejecutivo N° 44400 of February 26, 2024) (Thus its numbering modified by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 170 to Article 110, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

In case of absence or illness and, in general, whenever a just cause occurs, the president and the secretary of the commission shall be substituted by an interim president and an interim secretary, the former being necessarily designated from among the remaining proprietary members or those acting as such in the session.

(Thus its numbering modified by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 171 to Article 111, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

Each commission shall meet ordinarily at least once a week, at the designated time and date, for which no special call shall be necessary.

To meet in extraordinary session, a written call shall always be necessary, with a minimum prior notice of twenty-four hours, and accompanied by a copy of the agenda, except in cases of urgency.

Nevertheless, the commission shall be validly constituted without fulfilling all the requirements regarding the call to meeting or the agenda, when all its members attend and so agree by unanimity.

(Thus amended in its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 172 to Article 112, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

To hold a session, the presence of four members of COPROCOM and three members of the CNC is required.

(Thus amended in its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 173 to Article 113, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The sessions of the CNC shall always be private, but the body may order, by unanimous agreement of its full members (miembros propietarios) present, that the general public or certain persons or advisors have access to them, granting or denying them the right to participate in the deliberations with a voice but without a vote.

The members attending the session shall analyze the case files (expedientes) submitted for their consideration as established in the agenda; alternate members (miembros suplentes) shall have the right to participate with a voice but without a vote, in which case they shall earn a half per diem.

The director and heads of the UTA shall also have the right to attend with a voice but without a vote, unless the CNC orders otherwise; or, may request their temporary withdrawal for the discussion of matters that merit it.

Agreements shall be adopted by no fewer than two full members of the CNC. Whoever decides to dissent from the vote must state the reasons in the minutes.

No matter not appearing on the agenda may be the subject of an agreement, unless its urgency is declared by a favorable vote of all members.

The sessions of the CNC may be in-person or virtual, shall be recorded, and minutes shall be drawn up in accordance with the provisions of the LGAP, following the principles of collegiality, simultaneity, and deliberation.

(Thus amended by Article 1 of Decreto Ejecutivo N° 44400 of February 26, 2024) (Thus amended in its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 174 to Article 114, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

Grounds for disqualification, recusal, or challenge are those established in Section III of Chapter IV of Title I of the Código Procesal Civil.

Grounds for recusal for the members of the CNC shall exist when any of them is an owner, director, representative, attorney, or consultant of any denounced merchant or supplier; as well as in matters in which they or their spouse, their ascendants or descendants, siblings, brothers/sisters-in-law, blood uncles/aunts and nephews/nieces, parents-in-law, sons/daughters-in-law, stepparents, stepchildren, or adoptive parents or children intervene or are parties to proceedings before the CNC.

The recusal must be submitted in writing to the CNC to be included in the corresponding agenda.

The procedure to be followed in these cases is that established in the referenced Code.

(Thus amended by Article 1 of Decreto Ejecutivo N° 44400 of February 26, 2024) (Thus amended in its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 175 to Article 115, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

In the event of temporary absence, disqualification, recusal, or challenge of a full member, the latter must communicate this circumstance in writing to the secretary of the CNC, at least during the working day prior to the holding of the session, so that the alternate member who will assume the role of full member may be designated.

(Thus amended by Article 1 of Decreto Ejecutivo N° 44400 of February 26, 2024) (Thus amended in its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 176 to Article 116, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

Without prejudice to the right of alternate members to attend all sessions, when an alternate member is called to substitute a full member, they must be summoned according to a roster that the commission agrees upon for that purpose, at least one day before the holding of the session.

Alternate members shall be responsible for being available to attend the session in accordance with the agreed roster.

(Thus amended in its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 177 to Article 117, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

Except in cases of force majeure duly demonstrated, only absences of full members or those required to act in that capacity shall be considered justified due to illness, travel outside the country, or unavoidable or non-delegable work reasons.

(Thus amended in its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 178 to Article 118, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The grounds for removal of CNC members apply to both full members and alternate members, and shall be the following:

a)Inefficiency in the performance of their duties. b) Repeated negligence that delays the substantiation of proceedings. c) Declaration of guilt for the commission of any intentional crime, even in the degree of attempt. d) Failure to recuse in the cases provided for in Article 51 of the Law. e) Failure to attend three sessions during a calendar month or absence from the country for more than three months without authorization from the CNC. The leave may never exceed six months. f) Physical or mental incapacity that prevents them from performing their duties for a period of at least six months.

The procedure for removing CNC members must conform to the procedures and principles established for these cases in the Ley General de la Administración Pública.

For purposes of the ground provided in subsection e), only unexcused absences shall be counted.

In the event that a ground for removal is configured for any member of the Commission, the DAC must communicate this to the Minister so that the Minister may proceed in accordance with the provisions of the Law.

(Thus amended by Article 1 of Decreto Ejecutivo N° 44400 of February 26, 2024) (Thus amended in its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 179 to Article 119, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

Each session must be recorded and the corresponding minutes drawn up with the transcription of all interventions made, the persons attending, the circumstances of place and time in which it was held, the main points of the deliberation, the form and result of the voting, and the content of the agreements. It shall not be necessary to record in the minutes the full text of the resolutions of the case files submitted for consideration by the CNC, it being sufficient to record in the minutes the heading with the identification of the case file, the parties, and the operative part of the resolution.

The minutes shall be approved by majority in accordance with the provisions of Article 174 of this regulation at the following ordinary session. Before such approval, the adopted agreements shall lack finality, unless their immediate finality is agreed upon at the respective session.

The minutes shall be signed by the president and the secretary, as well as by those members who have recorded their dissenting vote.

(Thus amended by Article 1 of Decreto Ejecutivo N° 44400 of February 26, 2024) (Thus amended in its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 180 to Article 120, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

In the event that any of the members of the body files an appeal for review (recurso de revisión) against an agreement, it shall be resolved upon review of the minutes of that session, unless, because it is a matter the president deems urgent, the president prefers to address it in an extraordinary session.

The appeal for review must be raised no later than at the discussion of the minutes and shall be resolved at the same time.

Simple observations of form, relating to the drafting of the agreements, shall not be considered for purposes of the preceding paragraph as an appeal for review.

(Thus amended in its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 181 to Article 121, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

On the procedure

SECTION TWO

Each UTA shall be responsible for conducting all studies and investigations on matters that the respective commission is responsible for resolving. Its head, or any of its officials, shall act as the directing body (órgano director) of the administrative procedures, unless the commission orders otherwise.

(Thus amended in its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 183 to Article 122, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

Ex officio or at the request of a party, the UTA as directing body must determine, by reasoned resolution, the information that must be declared confidential in nature and shall require the party that supplied it to submit a non-confidential summary thereof, which shall become part of the case file. The information determined as confidential must be identified within the case file, and only representatives or duly authorized persons shall have access to it.

(Thus amended by Article 1 of Decreto Ejecutivo N° 44400 of February 26, 2024) (Thus amended in its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 185 to Article 123, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The responsibility of the complainant, in the case of a slanderous complaint, shall be governed by the provisions of the corresponding criminal legislation.

(Thus amended in its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 186 to Article 124, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The parties, their representatives, and the attorneys shall have the right, at any phase of the procedure, to copy any piece of the case file, as well as to request certification, with the exceptions indicated in Article 185(*) of this regulation. The storage device for the digital copies, and the cost of the stamps for the certifications, shall be at the expense of the applicant.

(*) (Note from Sinalevi: Read Article 123.)

(Thus amended by Article 1 of Decreto Ejecutivo N° 44400 of February 26, 2024) (Thus amended in its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 187 to Article 125, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

When a withdrawal is presented in cases submitted for consideration by the commissions, the provisions of numeral 339, subsection 3) of the LGAP shall apply.

In the case of the CNC, the DAC, through the respective Department, shall automatically be considered an interested party for the purpose of continuing the proceedings.

(Thus amended in its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 189 to Article 126, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

COPROCOM and the CNC may disregard the legal forms adopted by economic agents and merchants when they do not correspond to the reality of the facts investigated. In these cases, proceedings shall be directed against the establishment or natural or legal person, de facto or de jure, that externally appears as the owner of the business or economic activity under investigation. In accordance with Article 70 of the Law.

(Thus amended in its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 190 to Article 127, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

Resolutions that impose sanctions or contain orders to do, not to do, or to give must be complied with by the sanctioned party within a period of fifteen working days, counted from the working day following notification, and must present evidence of such compliance to the CNC.

After this period has elapsed, if there is no evidence of compliance, the following procedure shall apply:

a- Resolutions of the CNC that impose fines shall be enforceable in accordance with the provisions of numeral 149, subsection 1), paragraph a) of Ley 6227, Ley General de la Administración Pública. For these purposes, the certification issued by the secretary of the CNC, which shall be sent to the Procuraduría General de la República for execution on behalf of the State, shall constitute an enforceable title (título ejecutivo).

b- Resolutions containing orders to return a determined amount of money in favor of consumers shall constitute an enforceable title, for which purpose the secretary of the CNC, at the request of the consumer, shall issue certification of the amount owed, enabling the consumer to resort to the expedited payment procedure (proceso monitorio) before the Courts of Justice. The CNC shall have a period of eight working days to issue the corresponding certification.

c- Resolutions containing orders to deliver, repair, or replace a good in favor of consumers shall be enforceable through judicial channels, for which purpose the secretary of the CNC, at the request of the consumer, shall issue certification of the resolution, enabling the consumer to resort to the judgment enforcement procedure (proceso de ejecución de sentencia) before the Courts of Justice. The CNC shall have a period of eight working days to issue the corresponding certification.

d- When the CNC orders the suspension of installment sales for violation of the provisions of numeral 44 of Ley 7472, it shall declare in that same act the execution of the guarantees provided in favor of the Ministerio de Economía, Industria y Comercio (MEIC), which must establish the order and manner in which the execution is to proceed.

For the enforceability of the provisions of the preceding subsections, a single demand for payment shall be required, which may be carried out jointly with the main act.

(Thus amended by Article 1 of Decreto Ejecutivo N° 44400 of February 26, 2024) (Thus amended in its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 192 to Article 128, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The UTA is commissioned to send, by official letter and by mandate of the CNC, the certified copies (piezas testimoniadas) of the administrative case files to the Public Prosecutor's Office (Ministerio Público), to the Procuraduría General de la República, or to any other institution as appropriate.

Non-compliance by the merchant or supplier with the order issued by the CNC in the final resolution of the procedure constitutes the crime of disobedience provided for in the Penal Code, in accordance with Article 68 of Ley N° 7472. The order issued by the CNC must be personally notified to the merchant or supplier.

(Thus amended by Article 1 of Decreto Ejecutivo N° 44400 of February 26, 2024) (Thus amended in its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 193 to Article 129, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

Regarding the administrative procedure, the LGAP and the CPCA, and other applicable rules, shall apply supplementarily.

(Thus added by Article 2 of Decreto Ejecutivo N° 44400 of February 26, 2024) (Thus amended in its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 193 bis to Article 129 bis, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

Liability

SECTION THREE

Economic agents and suppliers of goods or services, whatever their legal nature, shall incur liability for their own acts as well as for those of their dependents or auxiliaries, permanent or casual, even when they do not have an employment relationship with them.

(Thus amended in its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 194 to Article 130, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

Economic agents and suppliers are liable for infractions of the provisions of this Law, without prejudice to the civil and criminal liabilities that may correspond to them for the same acts.

(Thus amended in its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 195 to Article 131, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

If the good or service causes damage to the consumer, the producer, importer, distributor, marketer, and in general, anyone who has placed their brand or commercial distinctive mark on the good or service, shall be jointly and severally liable.

The liability contemplated in this article is strict liability (responsabilidad objetiva), therefore, the degree of diligence or negligence with which the indicated agents may have acted shall not be considered, without prejudice to the actions for recovery (acciones de repetición) that may apply among them.

(Thus amended in its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 196 to Article 132, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The liability referred to in the preceding article covers foreseeable immediate and mediate consequences, and includes patrimonial and non-patrimonial damage.

(Thus amended in its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 197 to Article 133, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The action to claim civil liability shall prescribe within a period of four years counted from the moment the plaintiff knew or should have known of the damage. The prescription (prescripción) is interrupted with the filing of the lawsuit.

(Thus amended by Article 1 of Decreto Ejecutivo N° 44400 of February 26, 2024) (Thus amended in its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 198 to Article 134, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

(Thus amended in its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Chapter VII to Chapter VI, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191) Institutional control

On inspections

CHAPTER VI

SECTION ONE

For purposes of control and supervision of compliance with the provisions of the Law and this Regulation, the competent officials of the MEIC may conduct administrative inspections, for which purpose they must carry and display their corresponding official identification.

Officials from other ministries, municipal officials, and members of the administrative police, duly trained in accordance with the joint program that the MEIC and the corresponding municipality(ies) or Ministry(ies) may establish for this purpose, may also conduct inspections, but only when the MEIC, COPROCOM, or the CNC expressly request it.

(Thus amended in its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 199 to Article 135, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

When, in market verifications and inspections ordered by the CNC, practices contrary to the provisions of the Law and this regulation are detected, merchants may be warned to suspend, cease, or correct such practices within a period not exceeding ten working days. The foregoing, provided that it involves a correctable omission regarding information and no individualized damage has been caused to a consumer.

To demonstrate compliance with the measure, the merchant must, within the indicated period, submit suitable proof by means of a simple sworn statement (declaración jurada simple).

If the warning is not complied with, the corresponding complaint shall be filed before the CNC with the respective evidence.

When the commission of an alleged crime is evidenced during market verifications and inspections, certified copies must be sent to the Public Prosecutor's Office with the corresponding evidence.

The foregoing is without prejudice to the powers assigned by the legal system to other bodies and entities of the Public Administration to act in the market.

(Thus added by Article 2 of Decreto Ejecutivo N° 44400 of February 26, 2024) (Thus amended in its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 199 bis to Article 135 bis, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The inspections shall have the following purpose:

a)To exercise price controls over those goods and services subject to such measures, in accordance with Article 5 of the Law and this regulation. b) To verify the correct condition of weights, measures, cash registers, and other measuring instruments used by merchants, in accordance with the procedures established by LACOMET or by current regulations. Upon detecting a defective, altered, or unsuitable instrument for the corresponding commercial activity, the official conducting the inspection must warn the merchant of its immediate repair or replacement. If this requirement is not met within a period of three days counted from the day after notification, said official must notify the CNC so that it may order the corresponding precautionary measure. c) To ensure that every merchant displays the duly updated prices of the commercial goods or services offered, in accordance with the rules provided in the Law and this regulation. d) To instruct those who trade in goods and services on the correct application of the Law, its regulation, and other related provisions, in order to favor the fulfillment of its objectives. e) To verify products to confirm that they comply with rules and regulations relating to health, the environment, safety, quality, among others. f) To verify the correct application and compliance with the provisions of the Law and this regulation. g) To carry out any other task assigned to them by COPROCOM, the CNC, or the remaining competent offices of the MEIC.

(Thus amended in its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 200 to Article 136, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

When, in the course of an administrative inspection, a possible infraction of the Law or this regulation is verified, the official must draw up a report (acta) at the location of the events. The report must necessarily contain the following:

a)Place, date and time, full name, capacity in which the official is acting, identity card number or official identification document, and current location of the authority in charge of the proceeding.
b)Name of the establishment in question, name of its owner whether a natural person or legal entity, indicating the corresponding identity card numbers, as well as the location by province, canton, and district, exact address in the locality, and other means of communication such as landline telephones, mobile phones, email, among others.
c)Full name, qualifications, identity card number or official identification document, domicile, and other means of communication such as landline telephones, mobile phones, email, of the manager, administrator, person in charge, or representative of the establishment.
d)Clear and specific specification of the fact.
e)Findings made.
f)The violation deemed to have been committed.
g)Signature at the bottom of the record by the official who draws it up and at least one witness, who may also be an official.

A copy of the record shall be delivered to the owner, manager, administrator, person in charge, or representative of the establishment under investigation, who must acknowledge receipt of the document. If they do not wish to or cannot do so, a note of this shall be made in the record.

The document thus completed, together with any corresponding samples and additional reports, must be forwarded without delay to the CNC.

If the possible violation identified may give rise to criminal or other liabilities, the CNC shall immediately proceed to certify copies of the relevant documents for referral to the Public Prosecutor's Office (Ministerio Público) or to the respective authority.

(As amended and renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 201 to Article 137, as said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188 and 191) SECOND SECTION Market Verification and Investigation

The DAC may, within its scope of authority, conduct market investigations and verifications. Market verification and investigation shall be carried out following the regulatory hierarchy and specialty, as appropriate, for the purpose of verifying the information provided to the consumer, compliance with the Law (Ley), declarations of quality standards, technical regulations (reglamentos técnicos), and other provisions whose objective is to effectively protect the legitimate rights and interests of consumers. If any non-compliance with the regulations is found, a report shall be filed with the CNC, and the interests of consumers shall be represented in the ordinary administrative proceeding. The foregoing is without prejudice to agreements that the MEIC may enter into with other institutions, for the purpose of having them carry out certain investigations and verifications of interest for the fulfillment of its objectives.

To fulfill this function, it may request support from other MEIC departments free of charge. It may also request collaboration from public entities, professional associations (colegios profesionales), research centers, higher education institutions, technical departments of the various branches of Government and autonomous institutions, in addition to entities accredited under the Ley del Sistema Nacional para la Calidad. All of the foregoing for the full performance of its functions.

The entities indicated above may not refuse their assistance or collaboration except for duly demonstrated justified cause of force majeure. For these purposes, the expenses arising from the application of this article shall be governed by the provisions of Article 62 of the Law (Ley).

(As amended and renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 202 to Article 138, as said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188 and 191)

The DAC may, ex officio, prevent the commercialization and use of goods that pose a risk or potential harm to health, safety, or the environment, by means of a freeze order. It may also order such in cases where there is evidence that they are not fit for human consumption or use, due to reasons of rot, infestation, alteration, expiration, deterioration, or other defects affecting safety. The commercial establishment where the freeze order is carried out must forward a copy of the freeze order record (acta de congelamiento) to the producer, manufacturer, importer, or distributor of the frozen good.

The DAC must state in the respective verification record (acta de verificación) the reasons giving rise to the freeze order of the goods and file the respective complaint with the CNC within a maximum period of five business days, so that it may hear the matter in accordance with Articles 45 and 61 of the Law (Ley), in conjunction with 165(*) and 166(*) of this regulation (reglamento). Along with the complaint, it must provide the record, analysis reports, and other pertinent documents.

(*) (Note from Sinalevi: Read as Articles 105 and 106) The CNC must state, by means of a reasoned decision (resolución fundada), whether it upholds the freeze order carried out or whether it orders the confiscation (decomiso) or destruction of the goods.

The technical study established by law may be dispensed with when the goods show clear evidence of being unfit or dangerous for human consumption, in which case their destruction must be ordered.

(As amended and renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 203 to Article 139, as said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188 and 191)

The DAC may verify products in the national market using, for such purposes, third-party certificates, accredited or recognized by the competent national authority; likewise, verification may also be carried out using conformity seals (sellos de conformidad) or under the mechanisms established for these purposes. These verification mechanisms shall be used provided that they and their implementation procedures are duly contemplated in the specific technical regulations (reglamentos técnicos) or in general regulations.

(As amended and renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 204 to Article 140, as said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188 and 191)

The MEIC may conduct preliminary or statistical sampling according to the irregularity it seeks to verify. The DAC shall be responsible for coordinating or carrying out such actions in the market in order to achieve effective protection of the legitimate rights and interests of the consumer and thus comply with the provisions of the Law (Ley) and this regulation (reglamento). The foregoing is without prejudice to the powers granted to other organs or entities of the Public Administration.

To fulfill the objectives set forth in Article 45 of the Law (Ley), and in order to have suitable technical opinions (dictámenes técnicos), the MEIC may request the collaboration of public institutions for the performance of analyses, studies, or opinions free of charge. Likewise, it may enter into agreements with public or private entities for these purposes.

The entities or laboratories must perform the analyses as soon as possible and deliver their results in the same manner, as well as any other information or documents that guarantee the veracity of the analysis or test conducted. If the analyzed sample presents non-compliance with what is established in the pertinent regulation, it shall be processed by way of a complaint before the CNC, so that it may make the decision on the case.

(As amended and renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 205 to Article 141, as said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188 and 191)

Preliminary sampling is appropriate in cases where the need to carry out statistical sampling to demonstrate an irregularity has not been determined. Samples shall be taken in the minimum necessary quantity.

(As amended and renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 206 to Article 142, as said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188 and 191)

Statistical sampling shall be carried out when necessary for a representative measurement of the parameters to be verified and the participation of a laboratory or institution that performs such evaluation is required.

The sample size shall be taken according to what is indicated in the specific product regulation (reglamento específico), if one exists; or failing that, according to what is established in the current technical regulation (Reglamento técnico) on the quantity of product in prepackaged goods.

(As amended and renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 207 to Article 143, as said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188 and 191)

For purposes of sample collection, the following procedure is established:

a)Sample collection: Samples shall be collected in three parts and placed in duly sealed and identified packaging, on which both the responsible official and the representative of the establishment attending the act shall place their signatures and seals. One of these parts shall be subjected to analysis in the designated entities, accredited laboratories, designated state laboratories, or at LACOMET, as appropriate. The other part shall remain in the possession of the merchant, who shall be responsible for forwarding the record together with the sample in their custody to the producer, manufacturer, importer, or distributor, as appropriate. The third part shall remain in the custody of the DAC.
b)Analysis of the sample collected by the DAC: In the event that the analysis performed on the sample of the first part yields a negative result, that is, implying non-compliance with mandatory technical standards and regulations by the producer, manufacturer, importer, or distributor, as appropriate, the DAC must notify them at the place or means indicated on the product, unless a place for receiving notifications has been designated, so that they may submit the sample of the second part left at the point of sale for new analyses at their own expense.

The result of the analyses performed by the producer, manufacturer, importer, or distributor, as appropriate, must be sent to the DAC within a period of ten business days counted from the notification referred to in the preceding paragraph, in order to ascertain the result of the analysis of the sample of the second part left in the custody of the point of sale.

If the report is not sent by the merchant to the DAC within the established period, the complaint shall be filed.

c)On access to the third part of the sample: The third part shall be used in the event of a disagreement regarding the results of the first two parts. In this case, an analysis of the third part shall be ordered, the result of which shall be definitive, in accordance with the provisions of Article 210(*) of this Regulation (Reglamento).

(*) (Note from Sinalevi: Read as Article 146.)

Notification of this act shall be made to the address of the producer, manufacturer, importer, or distributor, or to the place designated by them.

The foregoing is without prejudice to the liabilities for breach of duties established in the Law (Ley) and in this regulation (reglamento).

(As amended and renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 208 to Article 144, as said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188 and 191)

In the event that sampling is carried out by a body or office of the Administration other than the DAC, duly authorized by the MEIC, the third part must be immediately forwarded with the signatures and seals intact without further delay to the DAC, and must be accompanied by the suitable documentation of compliance with the previously described procedure.

(As amended and renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 209 to Article 145, as said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188 and 191)

In the event of a discrepancy between the results of the tests performed on the first and second parts, an analysis of the third part shall be ordered, the result of which shall be definitive. If the results of the analysis of the third part yield a negative result, the respective complaint shall be filed with the CNC.

In the event that the result is positive, that is, in conformity with Law 7472 (ley 7472), or with the current mandatory standards or regulations, the proceedings shall be archived.

The custody of the samples must be carried out in such a way as to guarantee the integrity of the sample for its subsequent analysis, if necessary, and in accordance with the guidelines established by the office responsible for custody.

(As amended by Article 1 of Decreto Ejecutivo N° 44400 of February 26, 2024) (As amended and renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 210 to Article 146, as said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188 and 191)

In the case of statistical sampling of perishable products, that is, those that decompose or deteriorate within a period of a few days, the analysis must be performed within a maximum period of forty-eight hours, and custody shall not exceed three days under adequate refrigeration conditions.

(As amended and renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 211 to Article 147, as said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188 and 191)

The number of product units taken for statistical sampling, and recorded in the respective record, must be replaced to the merchant by the supplier.

(As amended and renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 212 to Article 148, as said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188 and 191)

Every technical opinion (dictamen técnico) issued on samples taken in accordance with this section must describe in detail the analyzed sample and record the integrity of the seals with which they were received. Otherwise, its probative value shall be reduced to the level of indication.

(As amended and renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 213 to Article 149, as said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188 and 191)

Verifications in the metrological field shall be coordinated with LACOMET in accordance with Ley N° 8279 and other applicable regulations.

(As amended and renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 214 to Article 150, as said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188 and 191)

The refusal to deliver, falsehood, or inclusion of inaccurate or incomplete data, in samples or documents required in accordance with this Section, shall be sanctioned as a serious fault (falta grave) by the CNC, without prejudice to the administrative, civil, and criminal liabilities that may arise from these actions.

(As amended and renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 215 to Article 151, as said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188 and 191)

(As amended and renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from Chapter VIII to Chapter VII, as said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188 and 191) On Consumer Organizations SINGLE SECTION

CHAPTER VII

Consumer organizations have standing to initiate as a party or intervene, as coadjuvants, in proceedings before the CNC and before the courts of justice, in defense of the legitimate rights and interests of their members. Coadjuvancy is governed by the provisions of the LGAP and the Civil Procedure Code (Código Procesal Civil).

(As amended and renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 216 to Article 152, as said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188 and 191)

The DAC shall maintain a registry of consumer organizations, for which each organization must submit a registration application only once and comply with the following requirements:

a)Name of the Consumer Organization (ODEC) and, if applicable, its acronym.
b)Accreditation of its due incorporation as an Association (Asociación) and its Bylaws (Estatutos), in accordance with Ley No. 218.
c)Telephone number, email address, and, if applicable, website of the Consumer Organization (ODEC), which shall be published on the official website of the Ministry of Economy, Industry, and Commerce (ministerio de Economía Industria y Comercio) and of the DAC.
d)Full name, telephone number, and email address of the principal and alternate representative of the Consumer Organization (ODEC) before the RED ODEC.
e)Simple sworn statement (Declaración Jurada) that there is no conflict of interest in the exercise of its functions as a Consumer Organization (ODEC) in the event that it relates to companies (or groups of companies) that sell goods or services to consumers, trade associations (organizaciones gremiales), business chambers (cámaras empresariales), or other natural or legal persons representing commercial interests.

The DAC shall proceed to analyze the documentation accompanying the registration application and shall decide on it within a period of 15 calendar days.

To maintain the status of a Consumer Organization (ODEC) registered with the DAC, Consumer Organizations must comply with the provisions of this Regulation (Reglamento) and the Associations Law (Ley de Asociaciones), Ley N°218.

(As amended by Article 1 of Decreto Ejecutivo N° 44400 of February 26, 2024) (As amended and renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 217 to Article 153, as said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188 and 191)

Consumer organizations with active registration with the DAC are empowered to:

a)File complaints or intervene as coadjuvants in administrative proceedings before the CNC and before the courts of justice, in defense of the legitimate rights and interests of their members.
b)Participate with voice and vote in the RED ODEC.
c)Participate in the activities carried out by the DAC for the dissemination and promotion of consumer rights.
d)Receive information and training from the DAC on matters related to consumer rights, as well as other matters within its competence.
e)Be appointed and participate in committees, councils (consejos), and working groups (mesas de trabajo) as a representative of the RED ODEC, both nationally and internationally.
f)Appear in the public registry of active Consumer Organizations of the DAC.
g)Those indicated by other regulations.

(As added by Article 2 of Decreto Ejecutivo N° 44400 of February 26, 2024) (As amended and renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 217 bis to Article 153 bis, as said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188 and 191)

The obligations of consumer organizations to maintain active registration with the DAC are as follows:

a)Inform the DAC of any partial or total amendment to their Bylaws (Estatutos), in accordance with the Associations Law No. 218 (Ley de asociaciones No. 218).
b)Submit to the DAC, within the first 15 business days of January of each year, the Annual Report of the Consumer Organization (ODEC) detailing the research, defense, dissemination, education, or promotion activities regarding consumer rights carried out during the previous year.
c)Submit to the DAC, within the first 15 business days of January of each year, the Work Plan (Plan de Trabajo) containing the actions and programs for research, defense, dissemination, education, or promotion of consumer rights that the Consumer Organization (ODEC) will develop during the year.
d)Inform the DAC quarterly regarding participation in committees, councils (consejos), and working groups (mesas de trabajo) as representatives of the RED ODEC. The DAC may request an extension of said report.
e)Participate with the principal or alternate representative in the RED ODEC meetings to which they are convened, except where there is a duly communicated justification.

(As added by Article 2 of Decreto Ejecutivo N° 44400 of February 26, 2024) (As amended and renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 217 ter to Article 153 ter, as said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188 and 191)

The RED ODEC is hereby created as a coordination mechanism among the Consumer Organizations registered with the DAC for the development of actions, programs, and projects aimed at promoting consumer rights.

(As amended by Article 1 of Decreto Ejecutivo N° 44400 of February 26, 2024) (As amended and renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 218 to Article 154, as said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188 and 191)

The functions of the NETWORK of consumer organizations are as follows:

a)Promote the coordination of programs and actions implemented for the benefit of consumer organizations.
b)Support the MEIC in the development and implementation of public policies defined for the benefit of consumer organizations.
c)Serve as a consultation mechanism for the DAC, providing feedback and support in the implementation of the actions and functions that it is legally required to carry out.
d)Be constituted as a technical consultation forum at the request of the MEIC when required, for the analysis of reforms to laws, regulations (reglamentos), or regulations in general that affect the consumer.
e)Nominate representatives of the Consumer Organizations to be appointed to the various committees, councils (consejos), and working groups (mesas de trabajo), at the request of the respective institutions and bodies.

(As amended by Article 1 of Decreto Ejecutivo N° 44400 of February 26, 2024) (As amended and renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 219 to Article 155, as said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188 and 191)

Each consumer organization with active registration with the DAC shall appoint one principal representative and one alternate representative before the NETWORK (RED), who shall be responsible for promoting coordination internally within their organization and with the other members of the NETWORK (RED), of the programs and actions that it is responsible for developing in fulfillment of its institutional mission.

(As amended by Article 1 of Decreto Ejecutivo N° 44400 of February 26, 2024) (As amended and renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 220 to Article 156, as said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188 and 191)

The dissolution and the liability regime of Consumer Organizations shall be governed by the provisions of the Associations Law (Ley de Asociaciones), N° 218.

(As added by Article 2 of Decreto Ejecutivo N° 44400 of February 26, 2024) (As amended and renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 220 bis to Article 156 bis, as said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188 and 191)

The powers of the DAC regarding the NETWORK of Consumer Organizations are as follows:

a)Encourage and promote consumer organizations and guarantee participation in decision-making and complaint processes regarding matters that affect their interests.
b)Provide training and advice to consumer organizations on the topic of consumption and consumer rights.
c)Coordinate with other public and private sector entities in order to promote and support the organization and training of consumers.
d)Plan and formulate special projects directed at organizations on the topic of consumption.
e)Serve as the technical secretariat of the NETWORK of consumer organizations.

(Thus amended its numbering by Article 3 of Executive Decree No. 44400 of February 26, 2024, which transferred it from former Article 221 to Article 157, since said executive decree ordered the repeal of Chapter III Promotion of Competition, which includes Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

(Thus amended its numbering by Article 3 of Executive Decree No. 44400 of February 26, 2024, which transferred it from Chapter IX to Chapter VIII, since said executive decree ordered the repeal of Chapter III Promotion of Competition, which includes Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191) On installment sales of goods or future execution of services

Common provisions for sales on installment of goods or future execution of services

CHAPTER VIII

SECTION ONE

This chapter has as its object to regulate installment sales of goods such as real estate, apartments, and houses, the future provision of services, such as sales of travel clubs, shares, titles, and rights that give consumers participation as owners, partners, or associates, and future development projects, such as social and tourist centers, housing developments (urbanizaciones), and the exploitation of industrial, agricultural, and commercial activities, must comply with the provisions of Article 44 of the Law, provided that the following conditions are met:

a)That they are offered publicly or in a generalized manner to consumers.
b)That the delivery of the good, the provision of the service, or the execution of the project constitutes an obligation whose performance, under the terms offered or agreed upon, is conditioned on a future event.
c)That the realization of that future event, under the terms offered and agreed upon, depends on the natural person or the entity, de facto or de jure, as the case may be, that must deliver the good, provide the service, or place consumers in exercise of the right in the future project.

Before their public or generalized offering, the plans for installment sales, under the terms and conditions indicated in the preceding paragraph, must be authorized in accordance with the provisions of the Law, this regulation, and commercial uses and customs, taking into account, in particular, the need to protect the consumer.

Before authorizing the execution of the installment sales plan, it must be registered with the DAC, complying with the following requirements:

a)A detailed description of the qualities offered, the compliance deadlines, the nature, the scope, and the benefits.
b)Reliable verification of those responsible for fulfilling what is offered and agreed upon.
c)Demonstration of the economic solvency (solvencia económica) of those responsible for the plan. If this solvency is not satisfactorily proven, a sufficient guarantee or bond (garantía o caución) must be provided to respond.

The foregoing, under the terms defined in this Chapter.

(Thus amended its numbering by Article 3 of Executive Decree No. 44400 of February 26, 2024, which transferred it from former Article 222 to Article 158, since said executive decree ordered the repeal of Chapter III Promotion of Competition, which includes Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The contract or contracts to be concluded with the final consumer must contain at least the information necessary to guarantee the making of an informed consumption decision and must not include abusive clauses such as those described in Article 42 of the Law.

The contract to be signed with the final consumer must contain at least the following minimum requirements:

i. General data of the contracting parties: names, qualifications, identity card number for natural or legal persons, exact telephone number and physical address.

ii. General data of the person(s) responsible for the installment sales or future execution of services plan, in the event that it does not correspond to the same contracting person.

iii. Description of the good or service to be delivered, its nature, location, and the characteristics that individualize it.

iv. Amount of the advance payment (if any).

v. Indication of the agreed price; in the event that the installment sale of goods or future execution of services is carried out under financing or credit systems, the provisions of Article 96 and following of this Regulation must be observed.

vi. Definition of the payment plan for cases where the price has been agreed in installments (tractos).

vii. Delivery deadline for the good or service.

viii. End of the pre-sale contract (applies only to the real estate sector).

The mandatory imposition of arbitration or the waiver of consumer rights in contracts shall be deemed as not written, by virtue of the principle of non-waivability of rights (irrenunciabilidad de derechos) enshrined in the Political Constitution, the Law, and this regulation.

(Thus amended its numbering by Article 3 of Executive Decree No. 44400 of February 26, 2024, which transferred it from former Article 223 to Article 159, since said executive decree ordered the repeal of Chapter III Promotion of Competition, which includes Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The MEIC, through the Consumer Support Directorate (Dirección de Apoyo al Consumidor), shall maintain a database with updated and permanent information available to the public through its website, regarding all merchants or suppliers duly authorized for the sale of goods and services subject to regulation, as well as the authorized plans and the sold adhesion contracts that comprise them.

The Consumer Support Directorate must issue, within a period of eight business days, the certificates or certifications requested by interested parties: companies, consumers, offices, and institutions.

The foregoing, within the scope and limitations established by the General Law of Public Administration (LGAP) and the Law on the Protection of Individuals Regarding the Processing of Their Personal Data, Law No. 8968.

(Thus amended by Article 1 of Executive Decree No. 43721 of September 30, 2022) (Thus amended its numbering by Article 3 of Executive Decree No. 44400 of February 26, 2024, which transferred it from former Article 224 to Article 160, since said executive decree ordered the repeal of Chapter III Promotion of Competition, which includes Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The MEIC, through the Consumer Support Directorate, may verify the existence of merchants and suppliers who are not authorized or who do not comply with the requirements established herein, who will proceed to file the complaint before the respective instances in accordance with the Law and this regulation.

(Thus amended its numbering by Article 3 of Executive Decree No. 44400 of February 26, 2024, which transferred it from former Article 225 to Article 161, since said executive decree ordered the repeal of Chapter III Promotion of Competition, which includes Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

Companies must request authorization to modify the installment sales plan for goods or future provision of services, but they may not vary the essential conditions of the contract.

For such purposes, they must inform the MEIC through the DAC of the aspects they wish to modify, provided it concerns the place, date, price, or quantity of tickets or vouchers, for which they must complete the sworn statement according to Annex EP-8: Form for the modification request procedure for the authorized plan for the future execution of services for public shows, of this Regulation.

In the case of modifications to the conditions resulting from a fortuitous event or force majeure, the organizer shall have a period of fifteen business days to define the new conditions under which the event will be held, a period during which the ticket seller or platform (tiquetera) must retain the funds corresponding to ticket sales or the total box office. The foregoing is without prejudice to the legitimate rights of the consumer regarding the refund of the amount paid for their ticket. If the new conditions are not defined within the granted period, the procedure shall be in accordance with Article 140(*) of this Regulation, which regulates the procedure for the purpose of refunding money.

(*) (Note from Sinalevi: Read as Article 82.)

The deadline for issuing the authorization resolution for the modification shall be eight business days. Against said resolution, the ordinary appeals for reconsideration and appeal shall be available, which must be filed within a period of three business days. The first shall be resolved by the DAC and the second by the Minister of the MEIC.

(Thus amended by Article 1 of Executive Decree No. 43721 of September 30, 2022) (Thus amended its numbering by Article 3 of Executive Decree No. 44400 of February 26, 2024, which transferred it from former Article 226 to Article 162, since said executive decree ordered the repeal of Chapter III Promotion of Competition, which includes Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

On installment sales of goods or future execution of services in General

SECTION TWO

For the authorization of installment sales plans, the interested party must submit the following:

a. Complete Form III or V, as applicable, which are annexed to this regulation.

b. Copy of the identity card if it is a natural person or legal capacity document of the responsible company(ies). The latter must have a validity of no more than three months from the date of issuance.

c. Be up to date with employer-worker contributions to the CCSS.

d. Photocopy of the last income tax return filed before the Ministry of Finance.

e. A photocopy certified by a notary; or present the original and a copy of the operating permit issued by the Ministry of Health and the current municipal license (patente municipal), so that in both cases they are compared by the official receiving the information.

f. Sworn statement given before a notary public detailing the goods and services sales plan, which must include at least: a detailed description of the goods and services offered, the quantity, the final prices, the deadlines, the method of payment (installments, cash, credit, cards, or other means of payment), the compliance date, the nature, the scope, the benefits, according to the goods and services in question.

g. Copy of the model contract(s) used to be concluded with the final consumer.

h. Sworn statement given before a notary public, regarding the line of business and its role in the provision of the good or service. When it concerns companies belonging to the same economic interest group, this information must be specified for each of the companies.

i. In the event that compliance with what is offered falls on a third party(ies), a copy of the agreements, plans, conventions, or commercial links supporting the plan must be submitted.

j. The original audited financial statements for the last fiscal period, i.e., no older than three months. The financial statements must include income statements and balance sheets, as well as the notes referring to said financial statements, especially those relating to the detail of investments (amount, instrument through which it was invested, entity in which it is invested), inventories (detail of goods in inventory and the corresponding amount), and accounts receivable.

Likewise, the financial statements must contain a detail of the assets and the encumbrances and annotations that weigh upon them, with a detail of their amount and term.

For cases where there are increases in share capital or equity, the corresponding legal supporting documents must be provided (certified copy of the minute book and registration in the Public Registry).

The audited financial statements must comply with Circular W 19-2010 "Minimum Guide for the Review of Financial Information," issued by the Costa Rican College of Public Accountants (Colegio de Contadores Públicos de Costa Rica), and International Standard on Auditing ISA 700 "The Auditor's Report on Financial Statements," established in its sections W 25 and 26, as well as the standards set by the College of Public Accountants that apply to this type of document.

The information contained in this subsection is confidential, in accordance with Article 67 of the Law, and consequently, it shall be submitted in a sealed envelope and shall form part of a separate file from the main authorization file (expediente).

k. Be economically solvent.

In the case of public shows, the interested party must meet the requirements indicated in points a), b), c), d), h), j), and k) of this article, and submit the following information with the application:

i. Sworn statement given before a notary public with the quantity and type of tickets with their respective final prices.

ii. Copy certified by a notary public or the original and a copy for their respective comparison of the following:

a. Contract concluded with the natural or legal person that will provide the show or public event.

b. Lease or loan contract for the venue that will host the event.

c. Contract entered into with the processing platform or ticket seller (tiquetera).

With the approval of the plans, the company will be registered only once. Likewise, if the registered company wishes to process authorization to market new plans, it must update the information indicated in the preceding subsections.

(Thus amended its numbering by Article 3 of Executive Decree No. 44400 of February 26, 2024, which transferred it from former Article 227 to Article 163, since said executive decree ordered the repeal of Chapter III Promotion of Competition, which includes Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

For the authorization of installment or future execution sales plans for public shows, the interested party must meet the following requirements:

i. Submit duly completed Form EP-1: Form for the authorization of installment sales plans for public shows.

ii. Be duly registered with the MEIC, in accordance with the provisions of Article 228 bis(*) of this Regulation.

(*) (Note from Sinalevi: Read as Article 164 bis.)

iii. Sworn statement, in accordance with Annex EP-2, regarding the type of event or public show, the line of business of the organizer, and their role as responsible for the plan or public show, the quantity and type of tickets with their respective final prices. The quantity of tickets must be within the maximum capacity limits authorized by the Ministry of Health.

iv. Copy certified by a notary public or the original and a copy for their respective comparison of the following:

a. Contract concluded with the natural or legal person that will provide the show or public event.

b. Lease or loan contract for the venue that will host the event.

c. Contract entered into with the ticket seller (tiquetera); which must be previously registered with the MEIC, in accordance with the provisions of Article 228 bis(*) of this Regulation.

(*) (Note from Sinalevi: Read as Article 164 bis.)

v. Sworn statement, Annex EP-3, issued by the ticket seller (tiquetera), establishing the commitment to retain funds for the public show subject to authorization, or presentation of the guarantee or bond (garantía o caución), as applicable, in accordance with the provisions of Article 233(*) of this Regulation.

(*) (Note from Sinalevi: Read as Article 169.)

vi. Sworn statement, Annex EP-4, issued by the acquiring entities, establishing the commitment to retain funds resulting from transactions or purchases made via credit or debit cards.

The MEIC shall verify that both the organizing or promoting company of the event, as well as the ticket seller (tiquetera), are duly registered according to the provisions of Article 228 bis(*) of this Regulation.

(*) (Note from Sinalevi: Read as Article 164 bis.)

vii. Bank certification of the escrow account in the name of the ticket seller (tiquetera) stating that the banking entity will hold in custody the funds deposited therein for the specific event and that they will remain duly held in custody in that account until the event or public show materializes.

When opting for the retention of funds, the ticket seller (tiquetera) or ticket sales platform must establish an escrow account, in an entity of the national banking system that has prudential supervision by the respective body, where the funds will remain and will be released once the event or public show materializes, for which the corresponding bank certification must be submitted.

The retention of funds must be carried out in accordance with the provisions of forms EP-3 and EP-4 indicated in subsections v and vi, as well as the provisions of subsection vii of this article.

(Thus subsection vii) above added by Article 2 of Executive Decree No. 43721 of September 30, 2022) (Thus added by Article 2 of Executive Decree No. 44400 of February 26, 2024) (Thus amended its numbering by Article 3 of Executive Decree No. 44400 of February 26, 2024, which transferred it from former Article 127 bis to Article 163 bis, since said executive decree ordered the repeal of Chapter III Promotion of Competition, which includes Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

Persons or entities habitually engaged in installment sales activities shall be registered only once with the MEIC upon approval of the installment sales plan.

The installment sales plan must indicate the general conditions of the offered contracts, which must be sufficiently clear and precise so as not to mislead consumers, and its content must respect the general principles of law.

Each contract comprising the plan must be written simply, with legible and clear font, in Spanish, so that it is easy for consumers to read and understand. In case of doubt in the interpretation of contractual clauses, they shall be interpreted in favor of the consumer.

In the case of public shows, this registration refers to the authorization of the ticket sales plan for the respective event.

Companies that have ceased selling plans and do not have plans in execution, or that are not habitually engaged in this line of business, may be deregistered in accordance with the procedure described in Article 242(*) of this regulation.

(*) (Note from Sinalevi: Read as Article 178.)

(Thus amended its numbering by Article 3 of Executive Decree No. 44400 of February 26, 2024, which transferred it from former Article 228 to Article 164, since said executive decree ordered the repeal of Chapter III Promotion of Competition, which includes Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

Those habitually engaged in organizing public shows and ticket sellers (tiqueteras) must register only once with the MEIC, for which they must comply with the following:

(Thus amended the preceding paragraph by Article 1 of Executive Decree No. 44400 of February 26, 2024) a) Organizers or promoters:

1. Submit duly completed Annex EP-5: Form for registration as an organizer or promoter for the future execution of services for public shows.

2. Be registered as an employer, independent worker, or in both modalities with the Costa Rican Social Security Fund (Caja Costarricense de Seguro Social), in compliance with the provisions of Articles 44, 74, and 74 bis of Law No. 17 of October 22, 1943, the Constituent Law of the Costa Rican Social Security Fund.

3. Be up to date with the payment of obligations to FODESAF, as established in Article 22 of Law No. 5662 of December 23, 1974, the Social Development and Family Allowances Law.

4. Be up to date with tax obligations as established in Article 18 bis of Law No. 4755 of May 3, 1971, the Tax Code of Standards and Procedures.

The MEIC shall verify that the legal capacity indicated in Annex EP-5 point 1 is current, as well as the provisions of points 2, 3, and 4 of this section regarding the requirements for organizers and promoters.

b)Ticket seller (Tiquetera):

1. Submit duly completed Annex EP-6: Form for registration as a ticket sales platform or ticket seller (tiquetera) for the future execution of services for public shows.

2. Be registered as an employer, independent worker, or in both modalities with the Costa Rican Social Security Fund, in compliance with the provisions of Articles 44, 74, and 74 bis of Law No. 17 of October 22, 1943, the Constituent Law of the Costa Rican Social Security Fund.

3. Be up to date with the payment of obligations to FODESAF, as established in Article 22 of Law No. 5662 of December 23, 1974, the Social Development and Family Allowances Law.

4. Be up to date with tax obligations as established in Article 18 bis of Law No. 4755 of May 3, 1971, the Tax Code of Standards and Procedures.

5. Sworn statement, in accordance with Annex EP-7: Sworn statement for registration as a ticket sales platform or ticket seller (tiquetera) for the future execution of services for public shows.

6. Certified copy or the original and a copy for their respective comparison of the contract with the bank or acquiring platform for processing purchases made with credit and debit cards.

The MEIC shall verify that the legal capacity indicated in Annex EP-6 of point 1 is current, as well as the provisions of points 2, 3, and 4 of this section regarding the requirements for the ticket seller (tiquetera).

The organizer and the ticket seller (tiquetera) must keep the information contemplated in this article updated. In the event of a variation in any of the aforementioned requirements, they must provide the relevant documentation relating to the change in conditions.

In the event that the sale of tickets is carried out in the context of e-commerce, the organizer and/or the ticket seller (tiquetera) must comply with the provisions of Chapter X(*), on consumer protection in the context of e-commerce.

(*) (Note from Sinalevi: Read as Chapter IX) (Thus added by Article 2 of Executive Decree No. 43721 of September 30, 2022) (Thus amended its numbering by Article 3 of Executive Decree No. 44400 of February 26, 2024, which transferred it from former Article 228 bis to Article 164 bis, since said executive decree ordered the repeal of Chapter III Promotion of Competition, which includes Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

Merchants or suppliers that sell or market installment sales of goods or future execution of services must send the DAC information on the active marketed plans that includes the following: consumer name, consumer ID number, type of plan, adhesion contract number, adhesion contract amount, total number of installments, number of installments paid, amount paid, amount to be paid, term of the adhesion contract, adhesion contract start date, and adhesion contract end date. They must ensure that the administration has updated information in the means it provides for this purpose.

In case of non-compliance, the procedure shall be in accordance with the provisions of Articles 242(*), 243(*), and 244(*) of this regulation.

(*) (Note from Sinalevi: Read as Articles 178, 179, and 180.)

(Thus amended its numbering by Article 3 of Executive Decree No. 44400 of February 26, 2024, which transferred it from former Article 229 to Article 165, since said executive decree ordered the repeal of Chapter III Promotion of Competition, which includes Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

For purposes of authorizing installment sales of goods or future execution of services, the MEIC, through the DIEM, shall verify that those responsible for the plan satisfactorily meet the three financial ratios that comprise economic solvency (solvencia económica) according to the type of regulated activity, as follows:

a)Equity Sufficiency: is the ratio of "equity / total assets" and the result must be greater than or equal to 0.20.
b)Risk: is the ratio of "total assets / total liabilities" and the result must be greater than or equal to 1.27.
c)Liquidity: is the ratio of "current assets / current liabilities" and the result must be greater than or equal to 1.00.

The MEIC shall authorize those projects contained in the adhesion contracts that are backed by the value of equity sufficiency, calculated as follows: (((0.20 * total assets) - equity) / average value of the plans).

Those installment sales companies that do not meet any of the three financial ratios indicated above or that do not have commercial operations and, therefore, do not have an accounting system of at least one year, must provide a bond or guarantee (caución o garantía), which shall be 0.20 of the average nominal value of the plans and for what is requested to be authorized in plans.

However, if the number of plans exceeds what is covered by the absolute value of the equity sufficiency, the applicant must provide a bond or guarantee (caución o garantía), which shall be 0.20 of the average nominal value of the plans not covered by the equity sufficiency.

In the case of public shows, if the foregoing is not met, the merchant must provide a bond or guarantee (caución o garantía) for one hundred percent (100%) of the nominal value of all tickets to be marketed according to the plan.

For the case of public shows, it shall be governed by the provisions of Article 233(*) of this Regulation.

(*) (Note from Sinalevi: Read as Article 169.)

(Thus the preceding paragraph added by Article 2 of Executive Decree No. 43721 of September 30, 2022) (Thus amended its numbering by Article 3 of Executive Decree No. 44400 of February 26, 2024, which transferred it from former Article 230 to Article 166, since said executive decree ordered the repeal of Chapter III Promotion of Competition, which includes Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The MEIC, through the DIEM, shall verify, at the fiscal year-end of each year, the economic solvency (solvencia económica) through the review of the audited financial statements of the natural or legal person companies, to make the corresponding adjustments when required to the amount of the guarantee. These must be sent in January by companies with a fiscal year-end in September, and in April, for those whose fiscal year-end is in December.

The DIEM shall assess the submitted documentation within a period of fifteen business days and, in cases where it determines a variation that worsens the economic solvency, it shall order the company to make the corresponding adjustments, so that the guarantee or bond (garantía o caución) is sufficient to support the authorized plan, which must be done within ten business days.

Notwithstanding the provisions of the preceding paragraphs, if prior to the annual submission of information there is a variation in the financial conditions, the company must immediately inform the MEIC by providing the audited financial statements so that the DIEM can determine the corresponding adjustments that the company must make with respect to the guarantee and/or number of authorized plans.

In case of non-compliance with the provisions of this article, the procedure shall be in accordance with the provisions of Articles 241(*), 242(*), 243(*) of this regulation.

(*) (Note from Sinalevi: Read as Articles 177, 178, and 179) The presumption of concealment or falsification of the information provided herein shall be made known to the Public Prosecutor's Office (Ministerio Público) so that it may proceed in accordance with its powers; the foregoing is without prejudice to any civil or administrative liabilities that may be applicable.

(Thus amended in its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 231 to Article 167, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

Guarantees for performance (cumplimiento) with a one-year term issued by a financial institution and insurance policies regulated by the Superintendencia de Seguros, which must be renewed annually for companies with pending plans, shall be accepted as guarantees. These guarantees must be rendered in favor of the MEIC.

(Thus amended in its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 232 to Article 168, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

For the verification of economic solvency regarding the installment sale or future performance plan for public shows, the MEIC shall verify that the organizer is previously registered and has signed a contract with a duly registered or licensed ticketing company (tiquetera).

(Thus amended the preceding paragraph by Article 1 of Decreto Ejecutivo N° 44400 of February 26, 2024) This sworn statement must contain the procedure to be followed by the ticketing company (tiquetera) for the refund of money in the event that the public show is not held under the terms offered or agreed upon, in compliance with the provisions of numeral 140(*) of this Regulation. If economic solvency is not proven under the terms defined in this article, the organizer must render a guarantee or bond (caución) for one hundred percent (100%) of the nominal value of all tickets to be sold according to the plan.

(*) (Note from Sinalevi: Read Article 82.)

For cases in which solvency is proven through the retention of one hundred percent (100%) of the amounts paid for the sale of the event or public show, the event organizer or promoter may not be related to each other or constitute an economic interest group with the ticketing service (boletería), the credit and debit card acquiring companies, and the banking entity subject to prudential supervision.

(Thus added the preceding paragraph by Article 2 of Decreto Ejecutivo N° 44400 of February 26, 2024) (Thus amended the preceding paragraph by Article 1 of Decreto Ejecutivo N° 44480 of May 2, 2024) In the event that the applicant organizer or promoter does not sell tickets through a registered ticketing company or sales platform (tiquetera o plataforma de venta), they must render a bond (caución) for one hundred percent (100).

In any case, the guarantee must be rendered in accordance with Article 232(*) of this Regulation.

(*) (Note from Sinalevi: Read Article 168.)

(Thus amended by Article 1 of Decreto Ejecutivo N° 43721 of September 30, 2022) (Thus amended by Article 1 of Decreto Ejecutivo N° 43721 of September 30, 2022) (Thus amended in its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 233 to Article 169, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The organizer, the ticketing company (tiquetera), and the card or payment method processing platforms are obliged to carry out the useful and necessary steps to refund the money paid by the consumer in the event of a variation in the essential conditions of the contract or the materialization of a breach of contract.

They must report this action in writing, with duly supported reports, to the DECVP and demonstrate the return of the amounts they received from consumers.

(Thus added by Article 2 of Decreto Ejecutivo N° 43721 of September 30, 2022) (Thus amended in its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 233 bis to Article 169 bis, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

For the resolution of applications for authorization of installment sale plans for goods and the future provision of services, the MEIC shall have a period of thirty business days, which shall begin to run once the application is submitted.

a)Procedure for the registration and authorization of plans for the first time or authorization of new plans for an already registered company.

The procedure shall begin with the submission of the application to the DECVP. If the application does not meet the conditions and requirements set forth in Article 44 of the Law, the DECVP shall reject it ad-portas by means of a reasoned resolution, considering it manifestly unfounded. This administrative act shall be subject to petitions for reconsideration (revocatoria) and appeal (apelación), which must be filed within a period of three business days. The petition for reconsideration (revocatoria) shall be resolved by the DECVP and the appeal (apelación) by the DAC.

Once the application is admitted, the DECVP, within the first five business days, shall review that all legal and financial requirements described in the Law and this Regulation are met. In cases where the application is incomplete or does not meet the requirements and conditions, a notice of deficiency (prevención) shall be issued to the merchant through the means indicated by them for receiving notifications, granting a period of ten business days counted from the business day following notification to remedy, correct, or complete the notice. Once this period expires without the merchant or provider remedying, correcting, or completing the notice, the application shall be definitively archived.

If the company does not meet the economic solvency required for the requested authorization, it must render a guarantee or bond (caución), in accordance with the provisions of Article 232 of this Regulation, for which a period of ten business days shall be granted.

The corresponding administrative resolution shall be notified within the period established in this article, and it shall be subject to petitions for reconsideration (revocatoria) and appeal (apelación), which must be filed within a period of three business days. The petition for reconsideration (revocatoria) shall be resolved by the DAC and the appeal (apelación) by the Minister (a) of the MEIC.

Failure to comply with the provisions herein shall result in proceeding in accordance with the provisions of Articles 242(*) and 243(*) of this Regulation, as applicable.

(*) (Note from Sinalevi: Read Articles 178 and 179.)

b)Review procedure due to variation in the financial conditions of the company.

If a change occurs in the financial conditions of the merchant or provider, they must request the review of the authorized plans and submit updated information to determine economic solvency in accordance with the provisions of Articles 232(*) and 233(*) of this Regulation, as well as updated information on the current plans in accordance with the provisions of Article 229(**) of this Regulation. The documents must be submitted to the DECVP, and if it considers the information to be incomplete, it shall issue a notice of deficiency (prevención) to the company granting a period of ten business days to remedy, correct, or complete the information. Once this period expires without the merchant or provider remedying, correcting, or completing the notice, action shall be taken in accordance with the provisions of Articles 242(***) and 243(***) of this Regulation.

(*) (Note from Sinalevi: Read Articles 168 and 169) (**) (Note from Sinalevi: Read Article 165.)

(***) (Note from Sinalevi: Read Articles 178 and 179) If the company does not demonstrate the required economic solvency and must render a guarantee or bond (caución), a period of ten business days shall be granted for it to be rendered in accordance with the provisions of Article 232(*) of this Regulation.

(*) (Note from Sinalevi: Read Article 168.)

The corresponding administrative resolution shall be notified within the period established in this article and shall be subject to petitions for reconsideration (revocatoria) and appeal (apelación), which must be filed within a period of three business days. The petition for reconsideration (revocatoria) shall be resolved by the DAC and the appeal (apelación) by the Minister (a) of the MEIC.

At any time, the DECVP may, ex officio, require the necessary information to corroborate the financial conditions of the merchant or provider, for which it shall suffice that there are indications of a variation in said conditions, an increase in consumer complaints, or any other relevant data that, in the administration's judgment, is sufficient.

Failure to comply with the provisions herein shall result in proceeding in accordance with the provisions of Articles 242(*) and 243(*) of this Regulation, as applicable.

(*) (Note from Sinalevi: Read Articles 178 and 179) c) Procedure for registering companies and authorizing public shows.

In the case of public shows, the authorization application must be submitted using Annex EP-1: Form for the authorization of installment sale plans for public shows, as provided in Article 227(*) bis of this Regulation.

(*) (Note from Sinalevi: Read Article 163 bis.)

The procedure for issuing the administrative resolution granting or denying the authorization shall be carried out within a period of fifteen business days, counted from the receipt of the application, provided it meets all the requirements for its granting.

If the submitted documentation must be corrected or completed, a single notice of deficiency (prevención) shall be issued, and ten business days shall be granted to comply with it. The same procedure and period shall be followed for the registration of organizers or promoters and ticketing companies (tiqueteras) that must be carried out in compliance with Article 228 bis(*) of this Regulation.

(*) (Note from Sinalevi: Read Article 164 bis.)

The provisions of the preceding subsections shall apply in matters not provided for in this subsection.

(Thus amended by Article 1 of Decreto Ejecutivo N° 43721 of September 30, 2022) (Thus amended in its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 234 to Article 170, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

On installment sales of goods or future performance of services for real estate (The former Section Three was repealed by Article 42 of the Reglamento de ventas a plazo de ejecución futura de proyectos inmobiliarios, approved by Decreto Ejecutivo N° 42995 of April 9, 2021)

SECTION THREE

(Repealed by Article 42 of the Reglamento de ventas a plazo de ejecución futura de proyectos inmobiliarios, approved by Decreto Ejecutivo N° 42995 of April 9, 2021) (Thus amended in its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 235 to Article 171, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

(Repealed by Article 42 of the Reglamento de ventas a plazo de ejecución futura de proyectos inmobiliarios, approved by Decreto Ejecutivo N° 42995 of April 9, 2021) (Thus amended in its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 236 to Article 172, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

(Repealed by Article 42 of the Reglamento de ventas a plazo de ejecución futura de proyectos inmobiliarios, approved by Decreto Ejecutivo N° 42995 of April 9, 2021) (Thus amended in its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 237 to Article 173, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

(Repealed by Article 42 of the Reglamento de ventas a plazo de ejecución futura de proyectos inmobiliarios, approved by Decreto Ejecutivo N° 42995 of April 9, 2021) (Thus amended in its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 238 to Article 174, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

(Repealed by Article 42 of the Reglamento de ventas a plazo de ejecución futura de proyectos inmobiliarios, approved by Decreto Ejecutivo N° 42995 of April 9, 2021) (Thus amended in its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 239 to Article 175, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

Final provisions for installment sales of goods or future performance of services

SECTION FOUR

The enforcement of guarantees shall be carried out according to the following procedure.

Guarantees rendered through a surety insurance policy (seguro de caución) or a performance guarantee shall be collected from the issuer.

If the payment is required by the MEIC and is not made, the debt shall be certified by the Supreme Head (Jerarca Supremo), following prior collection requests made by the DECVP. Said certification shall serve as an Executory Title (Título Ejecutivo) in accordance with Article 149 of the LGAP, to be collected as provided in the Código Procesal Civil.

(Thus amended by Article 1 of Decreto Ejecutivo N° 43721 of September 30, 2022) (Thus amended in its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 240 to Article 176, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The parameters for demonstrating economic solvency by the responsible parties of the installment sale plan for goods or future performance of services, as well as the percentage of guarantee or bond (caución), may be reviewed and adjusted each year by the MEIC, and the new values must be published by it, in the event that changes occur considering the country's economic situation and the sector's behavior.

(Thus amended in its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 241 to Article 177, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

In the event of non-compliance with the obligations and provisions established in this Regulation, and in the event that the responsible party for the installment sale or future performance plan is not up to date with respect to the following obligations:

1. Being registered as an employer, independent worker, or in both modalities before the Caja Costarricense de Seguro Social, in compliance with the provisions of Articles 44, 74, and 74 bis of Law N° 17 of October 22, 1943, Ley Constitutiva Caja Costarricense de Seguro Social.

2. Being up to date in the payment of obligations with FODESAF, as established in Article 22 of Law N° 5662, Ley de Desarrollo Social y Asignaciones Familiares.

3. Being up to date with tax obligations as established in Article 18 bis of Law N° 4755 of May 3, 1971, Código de Normas y Procedimientos Tributarios.

For the purpose of withdrawing the authorization and canceling the registrations, an administrative proceeding shall be opened in accordance with the principles established in the LGAP, in order to revoke or withdraw the granted authorization.

The directing body of the proceeding may be single-person or complex and shall be composed of officials from the DECVP. The hearing (comparecencia) may be conducted through physical or virtual presence, using telecommunications for such purposes, in a way that allows for comprehensive and simultaneous communication including video, audio, and data. It is the responsibility of the parties subject to the proceeding to express their consent or not to participate in the hearing (comparecencia) via videoconference.

When one of the parties cannot participate virtually via videoconference, the hearing (comparecencia) may be held in a dual manner, allowing the physical presence of one of the parties and the virtual presence of the party or parties that have not expressed objection to this modality. The foregoing, provided that, due to the complexity of the matter itself, holding the hearing with the physical presence of the parties is not more advisable, in which case the directing body shall so order. In any case, it must be ensured that, in carrying out the procedural action, the parties have suitable, private, and simultaneous means of communication, so that their right to maintain full and effective contact with the other participants in the proceeding is not violated at any time.

Minutes (acta) shall be drawn up for this hearing (comparecencia), signed by the directing body attesting to the proceedings, stating the date, the case file (expediente) number, the start time, the end time, and the signature of the directing body. A digital voice and/or video recording of the hearing (comparecencia) shall be kept, which shall form part of the case file (expediente).

Once the proceeding is substantiated, the Head of the DECVP shall recommend to the DAC, through a duly reasoned administrative act, whether or not the revocation of the authorization is appropriate, and the DAC shall proceed to issue the corresponding administrative act, accepting or rejecting the DECVP's recommendation. If the revocation of the authorization is appropriate, the useful and necessary measures must be ordered, as well as the presentation of a settlement (finiquito) or the liquidation of the guarantee, in accordance with the provisions of numeral 240(*) of this Regulation, for the purpose of safeguarding the rights and legitimate interests of consumers who have acquired installment sale or future performance of services plans with the investigated company or the party responsible towards the consumer.

(*) (Note from Sinalevi: Read Article 176.)

If there is no guarantee or if the presentation of the settlement (finiquito) is not completed, action shall be taken in accordance with the provisions of Article 244(*) of this Regulation, without prejudice to any civil and criminal actions that may be applicable.

(*) (Note from Sinalevi: Read Article 180.)

This administrative act shall be subject to petitions for reconsideration (revocatoria) and appeal (apelación), which must be filed within a period of three business days. The petition for reconsideration (revocatoria) shall be resolved by the DAC and the appeal (apelación) by the Minister (a) of the MEIC.

(Thus amended by Article 1 of Decreto Ejecutivo N° 43721 of September 30, 2022) (Thus amended in its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 242 to Article 178, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

If the sale of contracts for installment sale plans for goods or future performance of services under the terms regulated in this Chapter is proven without authorization, the DECVP shall proceed, as applicable, to:

a)File a complaint before the Comisión Nacional del Consumidor so that it may act in accordance with the powers granted by the Law and this Regulation.
b)File a complaint with the Public Prosecutor's Office (Ministerio Público).

Likewise, it shall proceed to notify the different public authorities that participate in the regulation of activities subject to the authorization of installment sales of goods and future performance of services, such as the Municipalidad of the locality, the Ministerio de Seguridad Pública, and the Ministerio de Salud, for matters within their competence.

(Thus amended by Article 1 of Decreto Ejecutivo N° 43721 of September 30, 2022) (Thus amended in its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 243 to Article 179, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

In such a case, they must be sent to the email address [email protected].

If the printed procedure is chosen, the documents must be submitted by the applicant in a sealed envelope at the MEIC facilities.

In both procedures, the party must indicate an email address for receiving notifications.

(Thus added by Article 2 of Decreto Ejecutivo N° 42713 of October 9, 2020) (Thus amended in its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 243 bis to Article 179 bis, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

In the event that the non-compliance with any of the provisions included in this chapter presumes the existence of a crime to the detriment of the consumer, in accordance with the provisions of Article 63 of the Law, the DAC shall proceed to refer the respective documentation to the Public Prosecutor's Office (Ministerio Público) for its knowledge and processing.

(Thus amended in its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 244 to Article 180, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

(Thus amended in its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Chapter X to Chapter IX, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191) ON CONSUMER PROTECTION IN THE CONTEXT OF ELECTRONIC COMMERCE (Thus added as a former chapter by Article 1 of Decreto Ejecutivo N° 40703 of October 3, 2017)

CHAPTER IX

The provisions of this chapter shall govern relations between merchants and consumers in the field of electronic commerce, without prejudice to other consumer protection regulations.

Non-compliance by the merchant with these provisions shall be considered an infringement of Article 34 of Law 7472.

(Thus added by Article 1 of Decreto Ejecutivo N° 40703 of October 3, 2017) (Thus amended in its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 245 to Article 181, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

Information addressed to consumers and electronic commerce transactions have the same protection as those carried out through other forms of commerce. Any manifestation of a representative or declarative nature, expressed or transmitted by electronic or computer means, shall be considered legally equivalent to documents that are issued, reside, or transmitted by physical means. The protection afforded to the consumer in this area may not be less than the protection granted by the provisions of Chapters V and VI of the Ley de Promoción de la Competencia y Defensa Efectiva del Consumidor, Law Nº 7472, regarding the Defensa Efectiva del Consumidor, and this Regulation.

(Thus added by Article 1 of Decreto Ejecutivo N° 40703 of October 3, 2017) (Thus amended in its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 246 to Article 182, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The merchant must provide accurate, reliable, sufficient, clear, accessible, and updated information regarding their true identity, specifying their main geographic location, name or corporate name (razón social), identity document or legal identification number (cédula jurídica), registered address, telephone number, email address, and other contact points, adequate information on the domain name registration for websites that are promoting or participating in commercial transactions with consumers, and any pertinent government registration or license information.

(Thus added by Article 1 of Decreto Ejecutivo N° 40703 of October 3, 2017) (Thus amended in its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 247 to Article 183, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

When a merchant makes public their membership in a self-regulation program, business association, dispute resolution organization, or other body, they must provide sufficient information to the consumer so that the consumer can directly contact the body. The merchant must provide consumers with easy-to-use methods to verify this membership, access the organization's codes and practices, and utilize any dispute resolution mechanism it offers.

(Thus added by Article 1 of Decreto Ejecutivo N° 40703 of October 3, 2017) (Thus amended in its numbering by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 248 to Article 184, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia, comprising Articles 30 to 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The merchant must provide the consumer with clear, precise, easily accessible information, in simple and easy-to-understand language about the goods and services offered, in accordance with the nature of the goods or services in question, so that the consumer can make an informed consumption decision. It must not mislead or lend itself to interpretations, limitations, or conditions that may affect the end user's ability to acquire, access, or use the good or service.

The electronic commerce merchant must comply with the provisions of the third section of Chapter IV(*) of this regulation.

(*) (Sinalevi Note: Should read Chapter III.)

When applicable, this information must include the following elements:

a)The functionality of the digital content, including the applicable technical protection measures; b) Any relevant interoperability of the digital content with hardware and software known to the merchant or that the merchant can reasonably be expected to know; and c) The main technical or contractual requirements, limitations, or conditions that may affect the consumer's ability to acquire, access, or use the good or service.

(Thus added by Article 1 of Decreto Ejecutivo N° 40703 of October 3, 2017) (Thus amended by Article 1 of Decreto Ejecutivo N° 44400 of February 26, 2024) (Thus renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 249 to Article 185, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia comprising Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The merchant must inform the consumer clearly and completely about the terms and conditions of the transaction. Consumers must have easy access to this information at any stage of the operation.

As applicable and appropriate to the transaction, the information must include the following elements:

a)the complaint handling system adopted by the merchant, including the contact details where consumer complaints are handled; b) the payment, delivery, and execution procedures; c) when applicable, the date of dispatch, receipt, and delivery of the good or the commencement of the service provision.
d)the terms of the contract in the Spanish language; e) the conditions, term, procedures, and exceptions, if any, for exercising the right of withdrawal (derecho de retracto); f) a reminder of the existence of a legal guarantee of conformity for the goods, as well as the conditions for exercising it; g) when applicable, the existence of post-sale assistance to the consumer, post-sale services, and commercial guarantees, as well as their conditions; h) the duration of the contract and, when applicable, the minimum duration period thereof.

If the contract is of indefinite duration or if it is automatically extended, the conditions for its termination.

(Thus added by Article 1 of Decreto Ejecutivo N° 40703 of October 3, 2017) (Thus amended by Article 1 of Decreto Ejecutivo N° 44400 of February 26, 2024) (Thus renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 250 to Article 186, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia comprising Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The merchant is obliged to inform the consumer, clearly and easily visibly, of the total price of the goods or services, which shall include the price and the additional costs, provided such costs are associated with the provision of that good or service. When additional services whose provision depends on a third party are contracted, those costs must be informed by that third party. For these purposes, the additional costs shall be: taxes, transport, delivery, postal service costs, and any other commission, charge, expense, or additional outlay that must be covered due to the respective acquisition or contracting. Transport services contracted directly by the consumer shall not be considered additional costs.

In the event that the price cannot be reasonably calculated in advance, due to the nature of the goods or services, the method by which it will be determined must be indicated. If the additional costs cannot be reasonably calculated in advance, information must be provided about the possibility that these may be included in the total price and, when technically possible, the method by which they will be calculated.

In the case of a contract of indefinite duration or a contract containing a subscription, the price shall include the total additional costs per billing period. When such contracts are charged according to a fixed periodic rate, the total price must also include the additional costs.

The merchant must provide, in all cases, a breakdown of the items included in the total price.

(Thus added by Article 1 of Decreto Ejecutivo N° 40703 of October 3, 2017) (Thus renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 251 to Article 187, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia comprising Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

In the offering of goods and services, the merchant must refrain from pre-selecting any service feature, as well as the automatic contracting of successive or recurring service features. Such conduct shall be considered a subscription trap that incorporates a tied sale to the detriment of the consumer.

The merchant of said services must provide the consumer with information on the identity of the sender, the cost of the service, the frequency of remittance, and any other decisive element in the contracting or acquisition of the service.

In any case, the merchant must guarantee that the consumer is the one who freely and unequivocally selects the service features they wish to incorporate into the contract.

It is prohibited to implement automatic mechanisms or automatic subscription mechanisms to obtain the end user's consent to receive commercial and/or advertising information or to use mechanisms that mislead to obtain such consent. In any case, the merchant must have the express consent, in a verifiable medium, to support the subscription.

(Thus added by Article 1 of Decreto Ejecutivo N° 40703 of October 3, 2017) (Thus renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 252 to Article 188, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia comprising Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The merchant must guarantee that the consumer knows, in a prior, sufficient, clear, and unequivocal manner, the moment at which they are required to confirm the transaction, as well as the steps necessary to complete it. During this confirmation process, the merchant must present the consumer with a summary of the transaction, including the goods and services in question, the delivery time, the price, the eventual additional costs of the transaction, and the total amount of the operation; as well as any other relevant element that makes up the transaction, so that the consumer can verify the information, modify its content and correct errors, and decide whether to continue or abandon the transaction. This information must not be presented in a disaggregated form.

The merchant must not process a transaction without unequivocal evidence that the consumer has expressly consented to all its terms.

(Thus added by Article 1 of Decreto Ejecutivo N° 40703 of October 3, 2017) (Thus renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 253 to Article 189, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia comprising Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

Contracts concluded by electronic means shall be perfected from the moment the acceptance of the proposal is received, or of the conditions with which it was modified. The simple visit to the Internet site on which certain services or goods are offered imposes no obligation on the consumer.

Consent shall only be deemed formed if the consumer:

a)has had prior access to the general conditions of the contract, which must be expressed in clear, understandable, and unequivocal terms; b) has expressly accepted the conditions of the contract; and c) has had the possibility of storing them digitally and/or printing them.

The contracts regulated in this chapter shall be deemed concluded at the place of the consumer's domicile. If a consumer who does not permanently reside in the country concludes the contract while in Costa Rica, they may decide that any eventual disputes be heard in Costa Rica, applying Costa Rican law.

(Thus added by Article 1 of Decreto Ejecutivo N° 40703 of October 3, 2017) (Thus renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 254 to Article 190, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia comprising Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

Without prejudice to the provisions of the previous article, the merchant, once the contract is perfected, shall be obliged to send the consumer a complete, accurate, and durable proof of the transaction.

The receipt may be sent electronically or by any means of communication previously agreed upon by the parties.

(Thus added by Article 1 of Decreto Ejecutivo N° 40703 of October 3, 2017) (Thus renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 255 to Article 191, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia comprising Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

Merchants must adopt effective, reliable, and certified security systems, for the purpose of guaranteeing the security, integrity, and confidentiality of transactions and payments made by consumers.

The merchant must timely inform on its Internet site about:

a)the level of protection applied to the data provided by consumers and the possible limitations of the security systems used; b) the security of the payment methods and the technology being used to protect the transmission, processing, and storage of financial data; and c) the name of the certifying entity of the security systems.

(Thus added by Article 1 of Decreto Ejecutivo N° 40703 of October 3, 2017) (Thus renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 256 to Article 192, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia comprising Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The financial entity that facilitates the transaction carried out by electronic means must immediately inform its client of the transaction carried out, through the communication means previously established by mutual agreement.

(Thus added by Article 1 of Decreto Ejecutivo N° 40703 of October 3, 2017) (Thus renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 257 to Article 193, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia comprising Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The merchant must respect the timeframe for the delivery of the good or the provision of the service; failing to do so, it shall be understood that it has breached the contract and must return to the consumer the sum of money paid, without any deduction.

In the event of not informing said timeframe, it shall be understood that the contract will be fulfilled within the following twenty-four hours, in accordance with the provisions of Article 465 of the Código de Comercio.

(Thus added by Article 1 of Decreto Ejecutivo N° 40703 of October 3, 2017) (Thus renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 258 to Article 194, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia comprising Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The merchant must establish a free, transparent, and effective mechanism for receiving consumer complaints and claims. For these purposes, the same electronic commerce medium used to complete the transaction must be used.

Said mechanism must be easily accessible and usable by the consumer, and the merchant must also inform of the response times, which must be reasonable depending on the case in question, as well as the means or alternatives available to the consumer to follow up on their claim.

(Thus added by Article 1 of Decreto Ejecutivo N° 40703 of October 3, 2017) (Thus renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 259 to Article 195, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia comprising Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The merchant must establish a free and transparent mechanism to receive and publish the evaluations, both positive and negative, that consumers make about the quality of the goods and services they have acquired from the merchant. This mechanism must be easily accessible and usable for the consumer, who must be informed of its existence. A space on the same website may be used, or it may redirect to a third-party website or digital platform, provided that both positive and negative comments are visible to consumers.

(Thus added by Article 1 of Decreto Ejecutivo N° 40703 of October 3, 2017) (Thus amended by Article 1 of Decreto Ejecutivo N° 44400 of February 26, 2024) (Thus renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 260 to Article 196, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia comprising Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The advertising and marketing carried out by the merchant must be clearly identifiable as such and must comply with the provisions of the fifth section of Chapter IV(*) of this regulation.

(*) (Sinalevi Note: Should read Chapter III) Likewise, they must detail the company on whose behalf they are carried out, when failing to do so could be misleading.

The merchant must guarantee that any advertising or marketing of goods or services is consistent with their real characteristics, access, and use. Likewise, they must inform the final price of the good or service, so that the total cost, including all items that compose it, and shipping costs are not misrepresented, in accordance with the provisions of Ley 7472 and this regulation.

(Thus added by Article 1 of Decreto Ejecutivo N° 40703 of October 3, 2017) (Thus amended by Article 1 of Decreto Ejecutivo N° 44400 of February 26, 2024) (Thus renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 261 to Article 197, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia comprising Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

Merchants must take special care that advertising directed at minors, vulnerable or disadvantaged consumers, and others who might not have the ability to understand the information with which they are represented, does not threaten their dignity and integral well-being.

Merchants are obliged, regarding advertising directed at minors that is disseminated through their Internet sites or by other electronic means, to:

a)identify content directed solely at adults; b) adopt the necessary measures to prevent minors from accessing goods and services that by law are not suitable for minors; c) refrain from presenting children in dangerous situations, unless they are safety warnings; or in situations that threaten the law, morality, good customs, or public order; d) refrain from advertising that encourages minors to engage in improper, illegal conduct, or conduct that threatens their dignity and integral well-being, or that of others; and e) respect the other obligations that, regarding advertising directed at minors, are established by legislation.

(Thus renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 262 to Article 198, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia comprising Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

Merchants are obliged to:

a)adopt effective security measures in their processes to protect the integrity, accuracy, and confidentiality of the personal data existing in their databases; b) inform about the level of protection they grant to consumers' personal data, especially regarding the transmission, processing, and storage of their personal data; and c) introduce into the contracts they sign with other merchants, clauses aimed at protecting the confidentiality of consumers' personal data.

The foregoing is without prejudice to the provisions of the Ley de Protección de la Persona frente al Tratamiento de sus Datos Personales, N º 8968 of September 5, 2011.

(Thus added by Article 1 of Decreto Ejecutivo N° 40703 of October 3, 2017) (Thus renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 263 to Article 199, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia comprising Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

The merchant must refrain from sending communications by any electronic means when they have not been previously requested by consumers, as provided in the Ley General de Telecomunicaciones and the Reglamento sobre el régimen de protección al usuario final de los servicios de comunicación. For the granting of said consent, the merchant must develop and implement effective and easy-to-use procedures for consumers, so that they can choose whether or not they wish to receive commercial messages and, when they choose not to receive them, their decision must be complied with immediately.

Any communication made with automatic calling systems without the prior consent of the user, or when the origin of the communication is hidden or falsified and there is no alternative to stop such communications, constitutes an unsolicited communication.

The foregoing is without prejudice to the application of the Reglamento sobre Medidas de Protección de la Privacidad de las Comunicaciones, Decreto Ejecutivo Nº 35205-MINAET of April 16, 2009, Article 33 of the Ley de Protección de la Persona Frente al Tratamiento de sus Datos Personales, Ley Nº 8968 of July 7, 2011, and its Reglamento, Article 44 of the Ley General de Telecomunicaciones, Ley Nº 8642 of June 4, 2008, and the Código Penal, Ley 4573 of May 4, 1970, Section VIII, Delitos Informáticos y Conexos: The Superintendencia de Telecomunicaciones, in fulfillment of its powers, may refer to the Comisión Nacional del Consumidor those cases where a merchant's eventual liability is evidenced for sending unsolicited communications or subscribing to goods or services automatically or deceptively without the consumer's express consent, except when dealing with telecommunications service operators/providers.

(Thus added by Article 1 of Decreto Ejecutivo N° 40703 of October 3, 2017) (Thus renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 264 to Article 200, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia comprising Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

(Numbering of the previous chapter shifted by Article 1 of Decreto Ejecutivo N° 40703 of October 3, 2017, which transferred it from former Chapter X to Chapter XI) (Thus renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Chapter XI to Chapter X, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia comprising Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191) Final Provisions

CAPÍTULO X

SECCIÓN ÚNICA

Pursuant to Article 67 of the Law, merchants, at the request of COPROCOM, CNC, or MEIC, are obliged to deliver, under oath (declaración jurada), the reports and exhibit the documents deemed necessary to guarantee the exercise of their functions, as well as to allow the taking of samples under the terms indicated in this regulation. The information provided shall be strictly confidential, and the official who violates the secrecy of confidential data incurs serious misconduct in the exercise of their functions. When the information requested is difficult or impossible for the company to send within the report, the company shall be obliged to allow officials of COPROCOM, CNC, or MEIC to access and review it at the place where the information is located.

For compliance with the provisions herein, the Commission or office concerned shall order, by written notice, the reports and documents it requires, expressly indicating them and clearly justifying the reasons for its request. When deemed necessary, it shall supply the corresponding forms.

The communication to the merchant shall be delivered or sent by certified mail to the person in question or their legal representative, indicating the form of presentation of the reports and documents, as well as the term granted for this, which may not be less than eight nor more than fifteen business days.

Organs and entities of the Public Administration must also supply the information requested by COPROCOM and CNC for the exercise of their functions. The request shall be addressed to the head of the corresponding office, or to the head of the organ or entity, who must respond within the term indicated to them, under penalty of incurring serious misconduct. Unjustified refusal or omission shall be communicated to the respective superior, without prejudice to other administrative, civil, or criminal liabilities.

(Numbering shifted by Article 1 of Decreto Ejecutivo N° 40703 of October 3, 2017, which transferred it from former Article 245 to 265) (Thus renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 265 to Article 201, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia comprising Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

Subsection 31 is added to Article 2°, and Articles 29 bis, 32 bis, and 36 bis are added to Decreto Ejecutivo N° DE-35867-MEIC of March 24, 2010, published in Alcance N° 4, of Diario Oficial La Gaceta N° 62 of March 30, 2010, to read respectively:

"Article 2º-Definitions. For the purposes of this Reglamento, the following shall be understood as:

(.).

31. Acquirer (Adquirente): financial institution dedicated to the operation, processing, and acquiring of credit and debit cards, on its own account or through third parties, and which has a network of affiliated merchants that accept credit and debit cards of the brands it represents as a means of payment." "Article 29 bis.- Responsibility of the acquirer. Financial entities must verify that affiliated merchants that offer plans for the sale of goods and services in the future are duly registered with the MEIC before signing service contracts with the affiliated merchant, in order to ensure that transactions of this type of goods and services are carried out in accordance with current regulations." "Article 32 bis.- Automatic chargebacks. The issuing entities of credit and debit cards shall proceed to carry out an automatic chargeback, crediting their clients' accounts for the amount related to the purchase of a ticket (boleto o tiquete) to attend public shows that have been cancelled; this must be fulfilled within a period not exceeding forty-eight hours, counted from the business day following the cancellation of the event and once such amounts have been made available by the acquirer." "Article 36 bis.- On the obligation of reserve by the acquirers. In the case of massive transactions resulting from the sale of public shows, the acquiring entities must retain the respective amounts for the totality of the income from this item until the holding of the future event or public show. The foregoing is to prevent, in the event of the cancellation of such events, multiple chargebacks from being executed that affect the adequate management of the acquirer and the issuers, to the detriment of the legitimate interests of consumers." (Numbering shifted by Article 1 of Decreto Ejecutivo N° 40703 of October 3, 2017, which transferred it from former Article 246 to 266) (Thus renumbered by Article 3 of Decreto Ejecutivo N° 44400 of February 26, 2024, which transferred it from former Article 266 to Article 202, since said Decreto Ejecutivo ordered the repeal of Chapter III Promoción de la Competencia comprising Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

Repeal Executive Decree No. 36234-MEIC of September 30, 2010, published in La Gaceta No. 211 of November 1, 2010. Entitled Comprehensive Reform to the Regulation of the Law on the Promotion of Competition and Effective Consumer Defense.

(Its numbering renumbered by Article 1 of Executive Decree No. 40703 of October 3, 2017, which transferred it from former Article 247 to 267) (Thus modified in its numbering by Article 3 of Executive Decree No. 44400 of February 26, 2024, which transferred it from former Article 267 to Article 203, since said executive decree ordered the repeal of Chapter III Promotion of Competition, which comprises Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

It is effective as of its publication in the Official Gazette La Gaceta.

(Its numbering renumbered by Article 1 of Executive Decree No. 40703 of October 3, 2017, which transferred it from former Article 248 to 268) Given at the Presidency of the Republic.-San José, on the eighth day of July, two thousand thirteen.

(Thus modified in its numbering by Article 3 of Executive Decree No. 44400 of February 26, 2024, which transferred it from former Article 268 to Article 204, since said executive decree ordered the repeal of Chapter III Promotion of Competition, which comprises Articles 30 through 86, as well as the repeal of numerals 110, 155, 164, 182, 184, 188, and 191)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 141)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 142)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 143)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 144)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 145)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 146) (Thus amended by Article 1 of Executive Decree No. 44400 of February 26, 2024)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 147)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 148)

text of this numeral can be consulted in Article No. 149)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 150)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 151)

Consumer Organizations SINGLE SECTION

CHAPTER VIII

(Sinalevi Note: The text of this numeral can be consulted in Article No. 152)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 153) (Thus amended by Article 1 of Executive Decree No. 44400 of February 26, 2024)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 154) (Thus amended by Article 1 of Executive Decree No. 44400 of February 26, 2024)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 155) (Thus amended by Article 1 of Executive Decree No. 44400 of February 26, 2024)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 156) (Thus amended by Article 1 of Executive Decree No. 44400 of February 26, 2024)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 157)

On Installment Sales of Goods or Future Performance of Services FIRST SECTION Common Provisions for Installment Sales of Goods or Future Performance of Services

CHAPTER IX

(Sinalevi Note: The text of this numeral can be consulted in Article No. 158)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 159)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 160) (Thus amended by Article 1 of Executive Decree No. 43721 of September 30, 2022)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 161)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 162) SECOND SECTION On Installment Sales of Goods or Future Performance of Services in General

163)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 164)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 165)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 166)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 167)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 168)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 169)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 170) THIRD SECTION On Installment Sales of Goods or Future Performance of Services for Real Estate (The previous third section repealed by Article 42 of the Regulation of Installment Sales for Future Performance of Real Estate Projects, approved by Executive Decree No. 42995 of April 9, 2021)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 171)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 172)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 173)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 174)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 175) FOURTH SECTION Final Provisions for Installment Sales of Goods or Future Performance of Services

(Sinalevi Note: The text of this numeral can be consulted in Article No. 176)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 177)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 178)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 179)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 180)

ON CONSUMER PROTECTION IN THE CONTEXT OF ELECTRONIC COMMERCE (Thus added as a previous chapter by Article 1 of Executive Decree No. 40703 of October 3, 2017)

CHAPTER X

(Sinalevi Note: The text of this numeral can be consulted in Article No. 181) (Thus added by Article 1 of Executive Decree No. 40703 of October 3, 2017)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 182) (Thus added by Article 1 of Executive Decree No. 40703 of October 3, 2017)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 183) (Thus added by Article 1 of Executive Decree No. 40703 of October 3, 2017)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 184) (Thus added by Article 1 of Executive Decree No. 40703 of October 3, 2017)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 185) (Thus added by Article 1 of Executive Decree No. 40703 of October 3, 2017) (Thus amended by Article 1 of Executive Decree No. 44400 of February 26, 2024)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 186) (Thus added by Article 1 of Executive Decree No. 40703 of October 3, 2017) (Thus amended by Article 1 of Executive Decree No. 44400 of February 26, 2024)

187) (Thus added by Article 1 of Executive Decree No. 40703 of October 3, 2017)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 188) (Thus added by Article 1 of Executive Decree No. 40703 of October 3, 2017)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 189) (Thus added by Article 1 of Executive Decree No. 40703 of October 3, 2017)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 190) (Thus added by Article 1 of Executive Decree No. 40703 of October 3, 2017)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 191) (Thus added by Article 1 of Executive Decree No. 40703 of October 3, 2017)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 192) (Thus added by Article 1 of Executive Decree No. 40703 of October 3, 2017)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 193) (Thus added by Article 1 of Executive Decree No. 40703 of October 3, 2017)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 194) (Thus added by Article 1 of Executive Decree No. 40703 of October 3, 2017)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 195) (Thus added by Article 1 of Executive Decree No. 40703 of October 3, 2017)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 196) (Thus added by Article 1 of Executive Decree No. 40703 of October 3, 2017) (Thus amended by Article 1 of Executive Decree No. 44400 of February 26, 2024)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 197) (Thus added by Article 1 of Executive Decree No. 40703 of October 3, 2017) (Thus amended by Article 1 of Executive Decree No. 44400 of February 26, 2024)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 198)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 199) (Thus added by Article 1 of Executive Decree No. 40703 of October 3, 2017)

(Sinalevi Note: The text of this numeral can be consulted in Article No. 200) (Thus added by Article 1 of Executive Decree No. 40703 of October 3, 2017)

(Its numbering renumbered from the previous chapter by Article 1 of Executive Decree No. 40703 of October 3, 2017, which transferred it from former Chapter X to Chapter XI) Final Provisions SINGLE SECTION

CHAPTER XI

. (Sinalevi Note: The text of this numeral can be consulted in Article No. 201) (Its numbering renumbered by Article 1 of Executive Decree No. 40703 of October 3, 2017, which transferred it from former Article 245 to 265) (Thus amended by Article 1 of Executive Decree No. 44400 of February 26, 2024)

. (Sinalevi Note: The text of this numeral can be consulted in Article No. 202) (Its numbering renumbered by Article 1 of Executive Decree No. 40703 of October 3, 2017, which transferred it from former Article 246 to 266)

. (Sinalevi Note: The text of this numeral can be consulted in Article No. 203) (Its numbering renumbered by Article 1 of Executive Decree No. 40703 of October 3, 2017, which transferred it from former Article 247 to 267)

. (Sinalevi Note: The text of this numeral can be consulted in Article No. 204) (Its numbering renumbered by Article 1 of Executive Decree No. 40703 of October 3, 2017, which transferred it from former Article 248 to 268) Given at the Presidency of the Republic.-San José, on the eighth day of July, two thousand thirteen.

Single Transitional Provision.- The installment sale plans for goods or future performance of services, authorized by the MEIC before the entry into force of this executive decree, must adjust to this regulation, within a period of six months, counted from the publication of this regulation in the Official Gazette La Gaceta.

In the case of the provisions in the third section "On Installment Sales of Goods or Future Performance of Services for Real Estate" of Chapter IX "On Installment Sales of Goods or Future Performance of Services", the period to adjust to the regulation shall be nine months counted from the publication of this regulation in the Official Gazette La Gaceta.

If the provisions herein are not complied with, action shall be taken in accordance with the provisions of Articles 238, 239 and 240 of this regulation.

(Thus amended by Article 1 of Executive Decree No. 38359 of March 20, 2014) break-word'> ANNEXES FORM I REQUEST FOR PROCEEDINGS TO ASSESS THE RELEVANCE OF PRICE REGULATION OF A GOOD OR SERVICE

I. APPLICANT'S INFORMATION

The undersigned __________________________________, holder of identity card / residency / passport _____________________ as representative of ______________________________, legal ID _____________________request the opening of proceedings to assess price regulation as established in Article 5 of Law No. 7472 and its regulation1.

II. GENERAL INFORMATION

1. Legal domicile _____________________________________ 2. Telephone numbers: _________________________________________ 3. Fax number ______________________________________ 4. Email ___________________________________ 5. Place to hear notifications ___________________________ 6. Basis or reasons justifying the need to implement a price regulation mechanism, indicating the type of exception according to Article 13 of the Regulation to Law 7472__________________________________________________ 7. Date of request ___________________________________ _________________ _________________ Applicant's Signature ID/residency/passport No.

1 In the event that there are other interested parties wishing to participate as coadjuvants in the request to initiate proceedings, a written note signed by the legal representative must be attached expressing support for the opening of the proceedings.

III. INFORMATION REQUIREMENTS

The requesting party must attach a market study supporting the request and include the following information:

. Good or service for which regulation is requested.

. Use of the good or service subject to the request.

. Characteristics of the good or service (physical specifications, tariff fraction, etc.).

. Identification of the economic agents participating in the market (company names, geographic location, and approximate relative share).

. Production, value).

. Marketing channels for the good or service.

. Prices of the good or service in the national market for the last three available years.

. International prices of the good or service for the last three available years.

. Substitute goods or services.

. Barriers to entry or exit of the good or service to the market.

Note: The information requested in point III must be attached in a market study, preferably in digital format and in Excel format.

IV. SWORN STATEMENT

Attach a sworn statement indicating the following:

"The undersigned declare(s) under oath before the Ministry of Economy, Industry and Commerce that all data and information set forth in this form are true, complete, precise, and accurate, as they are a faithful expression of the background supporting them. This declaration is made with the knowledge that failing to tell the truth in this declaration could constitute a criminal offense such as false testimony or perjury, among others according to the criminal laws of the Republic of Costa Rica, and that it could be sanctioned with prison sentences ranging from 3 months to 2 years or more, and that it is perfected when one fails to tell the truth at the time of making a sworn statement before the Public Administration." FORM II-A REQUEST FOR CONTRACT MODIFICATION FOR INSTALLMENT SALES OF GOODS OR FUTURE PERFORMANCE OF SERVICES IN GENERAL The undersigned _____________________________, holder of identity card / residency / passport ______________________as representative of the company ______________________________, legal ID _____________________request the modification of the Installment Sale Plan for goods or future performance of services in general No.____________________________ (Pursuant to Article 44 of Law No. 7472) DATA OF THE PLAN TO BE MODIFIED:

1. Detailed description of the goods and services offered _____ ______________________________________________________ 2. Quantity __________________________________________ 3. Final prices ______________________________________ 4. Terms ____________________________________________ 5. Form of payment (installments, cash, credit, cards, or other means of payment), ______________________________________________ 6. Completion date _______________________________ 7. Nature _________________________________________ 8. Extension __________________________________________ 9. Benefits, according to the goods and services in question ______ ______________________________________________________ If necessary, you may use and attach additional sheets to this form.

_________________ _________________ Signature General Agent ID/residency/passport No.

FORM II-B REQUEST FOR CONTRACT MODIFICATION FOR INSTALLMENT SALES OF GOODS OR FUTURE PERFORMANCE OF SERVICES FOR REAL ESTATE The undersigned _____________________________, holder of identity card / residency / passport ______________________as representative of the company _______________________________ ___________, legal ID _____________________request the modification of the Installment Sale Plan for goods or future performance of services for real estate No._____________________ (Pursuant to Article 44 of Law No. 7472) DATA OF THE PLAN TO BE MODIFIED:

1. Description of the real estate project to be developed _________ ______________________________________________________ 2. Number of units offered and types of plans available:____________________________________________ 3. Price range of the real estate properties according to what is offered publicly __________________________________________ 4. Deadlines to formalize the sale or delivery of the property, as the case may be _____________________________________________ 5. Percentage of consumer contribution requested, by the plan's responsible party, in relation to the property price and possible payment methods _______________________________________________ 6. Indication of whether a guarantee is provided and the manner in which it will be established_____________________________________________ 7. Clear indication of the treatment of the sums of money requested as consumer contributions, in case they must be returned to the consumer. __________________________________ 8. If necessary, you may use and attach additional sheets to this form.

_________________ _________________ Signature General Agent ID identity/residency/passport No.

FORM III REQUEST FOR CONTRACT AUTHORIZATION FOR INSTALLMENT SALES OF GOODS OR FUTURE PERFORMANCE OF SERVICES IN GENERAL The undersigned _____________________________, holder of identity card / residency / passport ______________________ as representative of the company ________________________ __________________, legal ID _____________________ request the authorization of Installment Sale Plans. (Pursuant to Article 44 of Law No. 7472) BASIC COMPANY DATA:

1. Legal domicile _____________________________________ 2. Telephone numbers:__________________________________________ 3. Fax number______________________________________ 4. Email___________________________________ 5. Place to hear notifications____________________________ If necessary, you may use and attach additional sheets to this form.

_________________ _________________ Signature General Agent ID identity/residency/passport No.

FORM IV REQUEST FOR CONTRACT AUTHORIZATION FOR INSTALLMENT SALES OF GOODS OR FUTURE PERFORMANCE OF SERVICES FOR REAL ESTATE The undersigned _____________________________, holder of identity card / residency / passport ______________________ as representative of the company ________________________ __________________, legal ID _____________________ request the authorization of Installment Sale Plans for goods or future performance of services for real estate. (Pursuant to Article 44 of Law No. 7472) BASIC DATA:

1. Description of the geographical location and of the real estate project to be developed _________________________________ 2. Number of units offered and types of plans available:____________________________________________ 3. Price range of the real estate properties according to what is offered publicly __________________________________________ 4. Deadlines to formalize the sale or delivery of the property, as the case may be _____________________________________________ 5. Percentage of consumer contribution requested, by the plan's responsible party, in relation to the property price and possible payment methods _______________________________________________ 6. Indication of whether a guarantee is provided and the manner in which it will be established_____________________________________________ 7. Clear indication of the treatment of the sums of money requested as consumer contributions, in case they must be returned to the consumer. __________________________________ 8. If necessary, you may use and attach additional sheets to this form.

_________________ _________________ Signature General Agent ID identity/residency/passport No.

FORM V REQUEST FOR CONTRACT AUTHORIZATION FOR THE FUTURE PERFORMANCE OF SERVICES FOR PUBLIC SHOWS The undersigned _____________________________, holder of identity card / residency / passport ______________________ as representative of the company ________________________ __________________, legal ID _____________________ request the authorization of Future Performance of Services Plans for Public Shows. (Pursuant to Article 44 of Law No. 7472) BASIC COMPANY DATA:

1. Legal domicile _____________________________________ 2. Telephone numbers:__________________________________________ 3. Fax number______________________________________ 4. Email____________________________________ 5. Place to hear notifications____________________________ If necessary, you may use and attach additional sheets to this form.

_________________ _________________ Signature General Agent ID identity/residency/passport No.

(*)ANNEXES EP - 1 FORM FOR THE AUTHORIZATION OF INSTALLMENT SALE PLANS FOR PUBLIC SHOWS

I. GENERAL APPLICANT DATA

The undersigned____________________________________________, identity document number ____________________, domiciled in province:____________________, canton:_______________________, district: ___________________, other details: _____________________________________________________________, in my capacity as: owner ( ) or legal representative ( ) of the legal entity ________________________________________legal ID ___________________ with domicile in province:____________________, canton:_______________________, district: ___________________, other details: ____________________________________ _____________________________________________________________, with legal capacity registered in the Public Registry, commercial section at volume: ________________________, entry: _____________________; request the authorization of Future Performance of Services Plans for Public Shows as organizer or promoter (Pursuant to Article 44 of Law No. 7472).

II. GENERAL COMPANY DATA

a. Telephone number(s): ____________________________________________________________ b. Email(s) for receiving notifications ____________________________

III. DOCUMENTS PROVIDED

The following documents are attached to this request:

a. Sworn Statement Annex EP-2, regarding the type of public show or event, the commercial activity of the organizer and their role as responsible party for the plan or public show, the quantity and type of tickets with their respective final price.

b. Copy certified by a Notary Public or the Original and a Copy for its respective verification by the MEIC, of the following:

i. Contract entered into with the individual or legal entity that will provide the public show or event.

ii. Lease or loan agreement for the venue that will host the event.

iii. Contract executed with the ticket seller (tiquetera); such ticket seller must be previously registered or recorded before the MEIC, in accordance with the provisions of article 228 bis(*) of this Regulation.

(*) (Sinalevi Note: Read article 164 bis.)

c. Sworn statement (declaración jurada) Annex EP-3, issued by the ticket seller, establishing the commitment to retain funds for the public performance (espectáculo público) subject to authorization, or presentation of the guarantee or bond (caución), as applicable, in accordance with the provisions of article 233(*) of this Regulation.

(*) (Sinalevi Note: Read article 169.)

d. Sworn statement (declaración jurada) Annex EP-4, issued by the acquiring entities (entidades adquirentes), establishing the commitment to retain funds resulting from transactions or purchases made by credit or debit cards.

e. Bank certification of the escrow account (cuenta en garantía) in the name of the ticket seller, stating that the banking entity will hold in custody the funds deposited therein for the specific event and that they will remain duly held in that account until the event or public performance materializes.

When the retention of funds is chosen, the ticket seller or ticket sales platform must establish an escrow account, at an entity of the national banking system that is subject to prudential supervision by the respective body, where the funds will remain and will be released once the event or public performance materializes, for which the corresponding bank certification must be submitted.

The retention of funds must be carried out in accordance with the provisions of forms EP-3 and EP-4 indicated in subsections v and vi, as well as the provisions of subsection vii of article 227 bis(*).

(*) (Sinalevi Note: Read article 163 bis.)

IV. COMPLIANCE WITH REQUIREMENTS

The MEIC will verify the following requirements:

a. Current legal capacity (personería jurídica).

b. Up-to-date registration of the Organizer or Promoter, in accordance with article 228 bis(*) of this Regulation.

(*) (Sinalevi Note: Read article 164 bis.)

c. Up-to-date registration of the Ticket Seller or Platform in accordance with article 228 bis(*) of this Regulation.

(*) (Sinalevi Note: Read article 164 bis.)

Signed in _________________________ at __________ hours on the ________ day of the month of ______________ of the year _________.

The undersigned ____________________________________________, identity document number ____________________, domiciled in province: ____________________, canton: _______________________, district: ___________________, additional address details: _____________________________________________________________, in my capacity as: owner ( ) or legal representative ( ) of the legal entity ________________________________________ legal ID number ___________________ domiciled in province: ____________________, canton: _______________________, district: ___________________, additional address details: _________________________________________________________________________________________________, with legal capacity (personería) registered in the Public Registry, commercial section at volume: ________________________, entry: _____________________; I declare under oath, aware that, by not telling the truth, I incur the crime of perjury punishable with imprisonment according to the Criminal Code of Costa Rica, the following:

First. - That the information contained in the form for the authorization of installment sale plans for public performances that I attach to this statement is true.

Second. - That my represented entity _____________________________ is engaged in the following line of business __________________________ and is responsible for the event or public performance called _____________________________________ which consists of _________________________________________________________________________.

Third. - That the prices, quantities, and types of tickets or boletos are distributed as follows: __________ ( ) ( ) ___________ ( ) ( ) ____________ ( ) ( ) ____________ ( ) ( ) (You must describe in this section the type and total number of tickets by type, indicating, as applicable, the final price. You must include the quantity of courtesy or promotional tickets intended to be distributed).

Fourth. - That the total number of tickets indicated in point three is within the limits established as the maximum capacity authorized by the Ministry of Health. Therefore, I release the authorities of the Ministry of Economy, Industry and Commerce (Ministerio de Economía, Industria y Comercio) from all liability for the authorization of the Installment Sale Plan for public performances carried out based on the information contained in this statement, and I fully understand that the authority will proceed to cancel the authorization granted if any falsehood in this statement is ever corroborated, as well as errors or omissions in the documents provided; without prejudice to the applicable criminal actions.

Signed in _________________________ at __________ hours on the ________ day of the month of ______________ of the year _________. Signature: _________________________ *It is authentic: ___________________ *In the event the document is submitted in hard copy, authentication will only be required when the applicant does not sign in the presence of the public official. The sworn statement may be submitted with a Digital Signature (Firma Digital), in which case authentication is not required.

(*)(The foregoing Annex EP-2 was thus added by article 2 of executive decree N° 43721 of September 30, 2022) (*)ANNEX EP - 3 SWORN STATEMENT (DECLARACIÓN JURADA) OF THE TICKET SALE PLATFORM OR TICKET SELLER (TIQUETERA).

The undersigned ____________________________________________, identity document number ____________________, domiciled in province: ____________________, canton: _______________________, district: ___________________, additional address details: _____________________________________________________________, in my capacity as: owner ( ) or legal representative ( ) of the legal entity ________________________________________ legal ID number ___________________, domiciled in province: ____________________, canton: _______________________, district: _________________, additional address details: ______________________________________, with legal capacity (personería) registered in the Public Registry, commercial section at volume: ________________________, entry: _____________________; I declare under oath, aware that, by not telling the truth, I incur the crime of perjury punishable with imprisonment according to the Criminal Code of Costa Rica, the following:

First. - That my represented entity _______________________ which acts as Ticket Seller or Ticket Sale Platform, is responsible for the sale of tickets or boletos for the public performance called: _____________________________________________, which will take place on date: _________________________________________________, to be held at: ____________________________________________________________.

Second. - That my represented entity is duly registered as a Ticket Seller or Ticket Sale Platform before the MEIC according to resolution _____________________ and that the information provided to the MEIC is duly updated.

Third. - That ticket sales are conducted through the following means: ________________________________________________________________________________.

Fourth. - That the bank or acquiring platform for processing ticket sales with credit or debit cards used for the event mentioned in point One is the following: ________________________________________________.

Fifth. - That the funds generated by the sale of tickets for the event mentioned in point one are deposited into an escrow account (cuenta en garantía) whose number is: _________________________ at the financial entity: __________________________.

Sixth. - That in said account, the funds will be retained by the financial entity, under prudential supervision by SUGEF, until the event takes place. That I also provide the corresponding bank certification of the escrow account to the organizer or promoter so that they may fulfill the requirement in accordance with the provisions of article 227 bis(*).

(*) (Sinalevi Note: Read article 163 bis.)

Seventh. - That I commit to following the procedure for the refund of the amounts paid by consumers if the event does not take place under the authorized conditions, in accordance with article 140(*), subsection b, of this Regulation: _______________ _____________________________________________________________________________________ (*) (Sinalevi Note: Read article 82.)

Therefore, I release the authorities of the Ministry of Economy, Industry and Commerce (Ministerio de Economía, Industria y Comercio) from all liability for the authorization of the Installment Sale Plan for public performances carried out based on the information contained in this statement, should any falsehood in this statement ever be corroborated, without prejudice to the applicable criminal actions.

Signed in _________________________ at __________ hours on the ________ day of the month of ______________ of the year _________.

Signature: _________________________ *It is authentic: ___________________ *In the event the document is submitted in hard copy, authentication will only be required when the applicant does not sign in the presence of the public official. The sworn statement may be submitted with a Digital Signature (Firma Digital), in which case authentication is not required." (*)(The foregoing Annex EP-3 was thus added by article 2 of executive decree N° 43721 of September 30, 2022) (The foregoing Annex was thus amended by article 1 of executive decree N° 44400 of February 26, 2024) (*)ANNEX EP - 4 SWORN STATEMENT (DECLARACIÓN JURADA) OF THE ENTITIES THAT ACT AS ACQUIRERS (ADQUIRENTES) IN TRANSACTIONS OR PURCHASES MADE BY CREDIT OR DEBIT CARD The undersigned ____________________________________________, identity document number ____________________, domiciled in province: ____________________, canton: _______________________, district: ___________________, additional address details: _____________________________________________________________, in my capacity as: owner ( ) or legal representative ( ) of the legal entity ________________________________________ legal ID number ___________________, domiciled in province: ____________________, canton: _______________________, district: ___________________, additional address details: _________________________________________________________________________________________________, with legal capacity (personería) registered in the Public Registry, commercial section at volume: ________________________, entry: _____________________; I declare under oath, aware that, by not telling the truth, I incur the crime of perjury punishable with imprisonment according to the Criminal Code of Costa Rica, the following:

First. - That my represented entity _______________________ which acts as the acquiring platform, is responsible for processing the sale of tickets or boletos by credit or debit cards for the public performance called ____________________________________________, which will take place on date: ____________________________________________________________, to be held at: ____________________________________________________________.

Second. - That my represented entity has, for the purposes of point One of this statement, a contract signed with the Ticket Seller or Ticket Sale Platform with the company named: _____________________________________, legal ID number: ________________________________, which is duly authorized by the MEIC.

Third. - That all funds generated by the sale of tickets with credit or debit cards for the event mentioned in point one will be deposited into the escrow account (cuenta en garantía) number: _________________________, opened for this purpose at the financial entity: __________________________.

Fourth: - That, in the event of a change in the essential conditions or the cancellation of the event or public performance, as a jointly liable party, I commit to following the procedure for the refund of the amounts paid by consumers if the event does not take place under the authorized conditions, in accordance with article 140(*), subsection b of this Regulation.

(*) (Sinalevi Note: Read article 82.)

Signed in _________________________ at __________ hours on the ________ day of the month of ______________ of the year _________.

I. GENERAL INFORMATION OF THE APPLICANT

The undersigned ____________________________________________, identity document number ____________________, domiciled in province: ____________________, canton: _______________________, district: ___________________, additional address details: _____________________________________________________________, in my capacity as: owner ( ) or legal representative ( ) of the legal entity ________________________________________ legal ID number ___________________ domiciled in province: ____________________, canton: _______________________, district: ___________________, additional address details: _________________________________________________________________________________________________, with legal capacity (personería) registered in the Public Registry, commercial section at volume: ________________________, entry: _____________________; I request the registration or recording as a requirement for the Future Performance of Services Plans for Public Performances as an organizer or promoter (According to article 44 of Law Nº7472).

II. GENERAL INFORMATION OF THE COMPANY

a. Telephone(s): ____________________________________________________________ b. Email(s) for receiving notifications: ____________________________

III. GENERAL INFORMATION OF THE PERSON WHO WILL ACT AS POINT OF CONTACT (IF APPLICABLE)

a. Full name: ________________________________________________________ b. Identity document number: _________________________________________ c. Telephone(s): ____________________________________________________________ d. Email(s): _________________________________________________

IV. COMPLIANCE WITH REQUIREMENTS

The MEIC will verify the following requirements:

a. Current legal capacity (personería jurídica).

b. Being registered as an employer, independent worker, or both modalities with the Caja Costarricense de Seguro Social, in compliance with the provisions of articles 44, 74, and 74 bis of Law N° 17 of October 22, 1943, "Ley Constitutiva Caja Costarricense de Seguro Social." c. Being up to date in the payment of obligations with FODESAF, as established in article 22 of Law N° 5662 of December 23, 1974, Ley de Desarrollo Social y Asignaciones Familiares.

d. Being up to date with tax obligations as established in article 18 bis of Law N° 4755 of May 3, 1971, Código de Normas y Procedimientos Tributarios.

Signed in _________________________ at __________ hours on the ________ day of the month of ______________ of the year _________.

(*)(The foregoing Annex EP-5 was thus added by article 2 of executive decree N° 43721 of September 30, 2022) (*)ANNEX EP - 6 FORM FOR THE REGISTRATION OR RECORDING AS A TICKET SALE PLATFORM OR TICKET SELLER (TIQUETERA) FOR THE FUTURE PERFORMANCE OF SERVICES (EJECUCIÓN FUTURA DE SERVICIOS) FOR PUBLIC PERFORMANCES (ESPECTÁCULOS PÚBLICOS)

I. GENERAL INFORMATION OF THE APPLICANT

The undersigned ____________________________________________, identity document number ____________________, domiciled in province: ____________________, canton: _______________________, district: ___________________, additional address details: _____________________________________________________________, in my capacity as: owner ( ) or legal representative ( ) of the legal entity ________________________________________ legal ID number ___________________ domiciled in province: ____________________, canton: _______________________, district: ___________________, additional address details: _________________________________________________________________________________________________, with legal capacity (personería) registered in the Public Registry, commercial section at volume: ________________________, entry: _____________________; I request the registration or recording as a requirement for the Future Performance of Services Plans for Public Performances as an organizer or promoter (According to article 44 of Law Nº7472).

II. GENERAL INFORMATION OF THE COMPANY

a. Telephone(s): ____________________________________________________________ b. Email(s) for receiving notifications: ____________________________

III. GENERAL INFORMATION OF THE PERSON WHO WILL ACT AS POINT OF CONTACT (IF APPLICABLE)

IV. COMPLIANCE WITH REQUIREMENTS

The MEIC will verify the following requirements:

1. Current legal capacity (personería jurídica).

2. Being registered as an employer, independent worker, or both modalities with the Caja Costarricense de Seguro Social, in compliance with the provisions of articles 44, 74, and 74 bis of Law N° 17 of October 22, 1943, "Ley Constitutiva Caja Costarricense de Seguro Social." 3. Being up to date in the payment of obligations with FODESAF, as established in article 22 of Law N° 5662 of December 23, 1974, Ley de Desarrollo Social y Asignaciones Familiares.

4. Being up to date with tax obligations as established in article 18 bis of Law N° 4755 of May 3, 1971, Código de Normas y Procedimientos Tributarios.

V. DOCUMENTS PROVIDED

The following documents are attached to this request:

1. Provide the sworn statement (declaración jurada) Annex EP-7 of this Regulation.

2. Certified copy or the original and a copy for its respective comparison of the contract with the bank or acquiring platform with which it maintains a commercial relationship for processing purchases made with credit and debit cards.

Signed in _________________________ at __________ hours on the ________ day of the month of ______________ of the year _________.

(*)(The foregoing Annex EP-6 was thus added by article 2 of executive decree N° 43721 of September 30, 2022) (*)ANNEX EP - 7 SWORN STATEMENT (DECLARACIÓN JURADA) FOR THE REGISTRATION OR RECORDING AS A TICKET SALE PLATFORM OR TICKET SELLER (TIQUETERA) FOR THE FUTURE PERFORMANCE OF SERVICES (EJECUCIÓN FUTURA DE SERVICIOS) FOR PUBLIC PERFORMANCES (ESPECTÁCULOS PÚBLICOS) The undersigned ____________________________________________, identity document number ____________________, domiciled in province: ____________________, canton: _______________________, district: ___________________, additional address details: _____________________________________________________________, in my capacity as: owner ( ) or legal representative ( ) of the legal entity ________________________________________ legal ID number ___________________, domiciled in province: ____________________, canton: _______________________, district: ___________________, additional address details: _________________________________________________________________________________________________, with legal capacity (personería) registered in the Public Registry, commercial section at volume: ________________________, entry: _____________________; I declare under oath, aware that, by not telling the truth, I incur the crime of perjury punishable with imprisonment according to the Criminal Code of Costa Rica, the following:

First. - That my represented entity _______________________ has adequate and secure means that guarantee universal access under the principle of non-discrimination, as well as agile and efficient mechanisms for the sale of tickets or boletos.

Second. - That my represented entity _______________________ has secure and regulated mechanisms for the proper custody of retained funds as described below: ______________ ____________________________________________________________________________________________________ ________________ ___________________________________________________ Third. - That my represented entity _______________________ has a contract for processing purchases made with credit and debit cards with: ___________ _________________________________________________________________________, with start date ________________________ and until _________________________. Therefore, I release the authorities of the Ministry of Economy, Industry and Commerce (Ministerio de Economía, Industria y Comercio) from all liability for the registration or recording as a ticket sale platform or ticket seller for the future performance of services for public performances carried out based on the information contained in this statement, should any falsehood in this statement ever be corroborated, without prejudice to the applicable criminal actions.

Signed in _________________________ at __________ hours on the ________ day of the month of ______________ of the year _________.

(*)(The foregoing Annex EP-7 was thus added by article 2 of executive decree N° 43721 of September 30, 2022) (*)ANNEX EP - 8 FORM FOR THE PROCESSING OF AN APPLICATION FOR MODIFICATION TO THE AUTHORIZED PLAN FOR THE FUTURE PERFORMANCE OF SERVICES (EJECUCIÓN FUTURA DE SERVICIOS) FOR PUBLIC PERFORMANCES (ESPECTÁCULOS PÚBLICOS)

I. GENERAL INFORMATION OF THE APPLICANT

The undersigned ____________________________________________, identity document number ____________________, in my capacity as: owner ( ) or legal representative ( ) of the legal entity ________________________________________ legal ID number ___________________; I request the modification of the Future Performance of Services Plans for Public Performances as an organizer or promoter (According to article 44 of Law Nº7472).

II. GENERAL INFORMATION OF THE PUBLIC PERFORMANCE

a. Name of the event: _______________________________________________________ b. Authorization resolution number: ____________________________ c. Description of the modification:

| Type of Modification | Authorized | Proposed Modification | Documents to Provide | | --- | --- | --- | --- | | Venue (Lugar) | | | 1. Certified copy or Original and Copy for the comparison of the Lease or loan agreement for the venue that will host the event (Art. 227 bis(*) of this Regulation). (*) (Sinalevi Note: Read article 163 bis.) 2. Sworn statement (declaración jurada) for the authorization of installment sale plans for public performances (Annex EP-2). 3. Sworn statement (declaración jurada) on retention of funds from the entities that act as acquirers in transactions or purchases made by credit or debit cards (Annex EP-3). 4. Sworn statement (declaración jurada) on retention of funds from the ticket sale platform or ticket seller (Annex EP-4). | | Date (Fecha) | | | 1. Certified copy or Original and Copy for the comparison of the Contract entered into with the individual or legal entity that will provide the performance or public event (Art. 227 bis(*) of this Regulation). (*) (Sinalevi Note: Read article 163 bis.) 2. Sworn statement (declaración jurada) for the authorization of installment sale plans for public performances (Annex EP-2). 3. Sworn statement (declaración jurada) on retention of funds from the entities that act as acquirers in transactions or purchases made by credit or debit cards (Annex EP-3). 4. Sworn statement (declaración jurada) on retention of funds from the ticket sale platform or ticket seller (Annex EP-4). | | Number of tickets (Número de entradas) | | | Sworn statement (declaración jurada) for the authorization of installment sale plans for public performances (Annex EP-2). | | Price (Precio) | | | Sworn statement (declaración jurada) for the authorization of installment sale plans for public performances (Annex EP-2). | | Observations: * In the event of a change of ticket seller, or of the credit and debit card acquiring company, the following forms EP-3, EP-4, and bank certification of the escrow account in the name of the ticket seller stating that the banking entity will hold in custody the funds deposited therein for the specific event and that they will remain duly held in that account until the event or public performance materializes, must be updated. | | | | Note: In addition to this form, you must comply with the requirements of article 226(*) of the Regulation DE N°37899-MEIC.

(*) (Sinalevi Note: Read article 162.)

Signed in _________________________ at __________ hours on the ________ day of the month of ______________ of the year _________.

Regulation to the Law on Promotion of Competition and Effective Consumer DefenseReglamento a la Ley de Promoción de la Competencia y Defensa Efectiva del Consumidor

Artículo 1 — Object of the Regulation.

Artículo 2 — Definitions.

Artículo 3 — Abbreviations.

Artículo 4 — Delimitation of the purposes of eliminating procedures.

Artículo 5 — Acceptable Regulations for Economic Activity.

Artículo 6 — Concordance with Special Laws and International Agreements.

Artículo 7 — Scope of the Application of Quality Standards.

Artículo 8 — Positive Silence.

Artículo 9 — —Determination of the essential nature of requirements and procedures.

Artículo 10 — —Periodic submission of information from the entities and organs of the Public Administration to the CMR.

Artículo 11 — —Criteria and format for cost-benefit analyses.

Artículo 12 — —Registration and listing of pharmaceutical, medicinal, food, agrochemical, and veterinary products.

Artículo 13 — —Conditions for price regulation.

Artículo 14 — —Minimum departure price for bananas for export.

Artículo 15 — —Initiation of the price regulation process.

Artículo 16 — —Admissibility of the request.

Artículo 17 — —Request to initiate an investigation.

Artículo 18 — —Notification.

Artículo 19 — —Request for information.

Artículo 20 — —Procedure.

Artículo 21 — —Regulation in exceptional situations.

Artículo 22 — —Regulation in cases of monopolistic or oligopolistic conditions.

Artículo 23 — —Criteria of COPROCOM.

Artículo 24 — —Considerations for price regulation.

Artículo 25 — —Implementation of the regulatory measure.

Artículo 26 — —Validity.

Artículo 27 — —Scope of the elimination of non-tariff restrictions on imports and exports.

Artículo 28 — —Establishment of registries by private chambers and associations.

Artículo 29 — —Waiver of professionals or technicians.

Artículo 30 — —Binding nature.

Artículo 31 — —Consumer rights.

Artículo 32 — —Duties of merchants.

Artículo 33 — —Prohibitions.

Artículo 34 — —Duty to provide accurate information to the consumer.

Artículo 35 — On the labeling of goods and services.

Artículo 36 — On prices.

Artículo 37 — On cash prices.

Artículo 38 — On the price in door-to-door sales or sales outside the commercial establishment, technical or professional services.

Artículo 39 — On the sale of goods and provision of services under financing or credit systems.

Artículo 40 — On the right to early payment.

Artículo 41 — Instructions and warnings about risks.

Artículo 42 — Warning about used, rebuilt, returned, or display products.

Artículo 43 — On the minimum information for the invoice or purchase receipt.

Artículo 44 — Nonexistence of repair services or spare parts.

Artículo 45 — On the correction of information.

Artículo 46 — On the warranty.

Artículo 47 — On the minimum warranty period.

Artículo 48 — On the obligation to provide proof.

Artículo 49 — On the exception to the scope of the implicit warranty.

Artículo 50 — On the warranty document.

Artículo 51 — Rights of the holder during the warranty period.

Artículo 52 — Special rules for warranty repair cases.

Artículo 53 — —On the burden of proof.

Artículo 54 — —On advertising.

Artículo 55 — —Rules applicable to the offer, promotion, and advertising.

Artículo 56 — —On the use of testimonials and endorsements.

Artículo 57 — —Principles applicable to advertising.

Artículo 58 — —Comparative advertising.

Artículo 59 — —Prize draw.

Artículo 60 — —Rectification of the offer, promotion, and advertising.

Artículo 61 — —Burden of proof.

Artículo 62 — —Justification of claims about products.

Artículo 63 — —Suspension or clarification of advertising.

Artículo 64 — —On the use of seals of approval.

Artículo 65 — —On the duty to inform.

Artículo 66 — —On the voluntary recall procedure.

Artículo 67 — —Effective period.

Artículo 68 — —On the mandatory recall procedure.

Artículo 69 — —Other measures.

Artículo 70 — —Door-to-door sales or sales outside the commercial establishment.

Artículo 71 — —Indication of the seller's address.

Artículo 72 — —Term and manner of exercising the right of withdrawal (derecho de retracto).

Artículo 73 — —Sale of services.

Artículo 74 — —Obligations of the buyer.

Artículo 75 — —Obligations of the seller.

Artículo 76 — —Receipt of the goods and ratification of the sale.

Artículo 77 — —Exceptions to the right of withdrawal (retracto).

Artículo 78 — —Public shows as future performance of services.

Artículo 79 — —Content of tickets or passes (boletos o tiquetes).