"Article 39. The National Forest Financing Fund (Fonafifo) is authorized to issue the necessary Manuals and/or Procedures for the execution of the Payment for Environmental Services Program (PSA), which must conform to the following provisions:
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"c) Of the requirements the application must meet.
i. Applications for entry into the Payment for Environmental Services Program (PSA) must contain, under penalty of not being received, the following information requirements: a) Name, complete qualifications, and domicile of the applicant, b) Identity card number or official identification document, c) If it is a legal entity, the full name, qualifications, identity card number or official identification document, and domicile of its legal representative must be indicated, d) Real Property Registration number or registration citations of the property intended to be entered into the PSA Program, e) Cadastral Plan number of the property subject to the application, f) The purpose of the application, which must include the area or trees to be submitted, the activity, and indication of whether it is an unregistered property, g) Indicate if it is an advance reforestation project, h) Place to receive notifications, this may be a fax or an email, likewise the applicant's telephone number must be indicated.
- d)Of the procedures and deadlines for the assessment of applications.
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vi If the applications meet the legal and technical requirements and conditions, the applicant will be notified that their application has been approved and will be granted a period of up to 15 business days to proceed to prepare and submit, at the corresponding Regional Office, the technical study according to the procedures and requirements established in the Procedures Manual for the Payment of Environmental Services".
"Article 42. The National Forest Financing Fund (Fonafifo) is authorized to suspend payments for environmental services when it determines—under the principles of reasonableness and proportionality—that there are indications of breach of the contracts for payment of environmental services; the foregoing, prior to the definitive declaration of breach, which in all cases must guarantee due process and the right of defense as guaranteed by the Political Constitution and the General Law of Public Administration N° 6227. When applicable, the National Forest Financing Fund (Fonafifo) may carry out settlement agreements or modifications, with or without liability of the administered, by mutual agreement with the Beneficiary of the Payment for Environmental Services Program.
The contracts for payment of environmental services may establish a graduation of infractions or breaches of the agreed obligations according to the severity of the breach, the impact on the ecosystem, or the magnitude of the damage caused; in the same sense, it may establish a correspondence in the graduation of penalties or contractual consequences.
The National Forest Financing Fund (Fonafifo), at its discretion and considering the advisability of protecting ecosystems, may establish alternative mechanisms to the declaration of contractual breach, as well as reparatory measures (medidas reparatorias) in accordance with the severity of the fault. It will be at Fonafifo's consideration and for the specific case, to recognize the environmental services provided by the beneficiary prior to the eventual breach." "Article 64. The National Forest Financing Fund (Fonafifo) and the Trust 544 Banco Nacional de Costa Rica-Fonafifo are authorized to allocate up to twenty-one percent of the total budgeted income to finance their administrative, operational, and technical expenses. In the case of the National Forest Financing Fund (Fonafifo), this percentage will be deducted and applied from the resources derived from the Law of Tax Simplification and Efficiency N° 8114.
In the case of Trust 544- BNCR-FONAFIFO, this percentage will not include resources from transfers made by Fonafifo to execute the payment for environmental services.
Trust 544, from the extraordinary income it receives from different sources, will use up to said twenty-one percent to contribute to and support the management of Fonafifo and the execution of the obligations in the different projects signed in agreements and Covenants.
In both cases, these expenses include elements such as salaries, rents, public utilities, commissions, fuels, per diem, equipment, goods, and services or any other necessary for the fulfillment of its purposes.
Additionally, the National Forest Financing Fund (Fonafifo) will transfer from the total budgeted income for the payment of Environmental Services for that body, zero point sixty-seven percent (0.67%) to the National Forestry Office (Oficina Nacional Forestal), to execute actions contained in the work plan prepared by it, in order to contribute to the promotion of the environmental services program."