WORLD TRADE
ORGANIZATIONG/ADP/N/1/CRI/2
G/SCM/N/1/CRI/2
5 November 2002
(02-6086)
Committee on Anti-Dumping Practices
Committee on Subsidies and Countervailing MeasuresOriginal:  Spanish
NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS
COSTA RICA
The following communication, dated 30 October 2002, has been received from the Permanent
Mission of Costa Rica.
_______________
Pursuant to Article 18.5 of the Agreement on Im plementation of Article VI of the General
Agreement on Tariffs and Trade 1994 and Article 32.6 of the Agreement on Subsidies and
Countervailing Measures, we submit herewith a copy of Decree No. 24868-MEIC approving the text
of the Central American Regulations on Unfair Business Practices.  This Decree repeals, as regards
unfair business practices, the Central American Regulations on Unfair Business Practices andSafeguard Clause (duly notified in document G/ ADP/N/1/CRI/1 - G/SCM/N/1/CRI/1).  Costa Rica is
aware that some Members have submitted questions concerning the previous notification
(G/ADP/W/415 and G/SCM/W/426); however, given that  that notification referred to legislation
which has been repealed, it considers that there is no need to reply. Costa Rica expresses its
willingness to reply to questions submitted by Members on the legislation notified herein.
Similarly, pursuant to Article 16.5 of the Agreement on Implementation of Article VI of the
General Agreement on Tariffs and Trade 1994 and Article 25.12 of the Agreement on Subsidies and
Countervailing Measures, we submit herewith a copy of Decree No. 30637-MEIC establishing the
Office of Unfair Business Practices and Safeguard Measures, under the Ministry of the Economy,
Industry and Trade, as the competent authority for all administrative procedures involving the
application of anti-dumping measures and counte rvailing duties.  This Decree amends Decree
No. 24772-MEIC-MAG (duly notified in do cument G/ADP/N/1/CRI/1/Suppl.1 -
G/SCM/N/1/CRI/Suppl.1) as regards the de signation of the competent authority.G/ADP/N/1/CRI/2
G/SCM/N/1/CRI/2
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CENTRAL AMERICAN REGULATIONS ON
UNFAIR BUSINESS PRACTICES
NO. 24868-MEIC
THE PRESIDENT OF THE REPUBLIC
AND THE MINISTER OF THE ECONOMY, INDUSTRY AND TRADE,
In application of the powers conferred by subparagraphs (3) and (18) of Article 140 of the
Constitution, subparagraph 2(b) of Article 28 of the General Law on Public Administration, Article 18
of the Protocol of Tegucigalpa to the Charter of the Organization of Central American States (OCAS),
Articles 24 and 25 of the Convention on the Central American Tariff and Customs Regime
(Law No. 6986 of 3 May 1995) and Articles XI and XII of the General Treaty on Central American
Economic Integration (Law No. 3150);
Whereas:
1. The Central American Economic Council, through Resolution No. 9-94 (CEC), agreed to give
priority to the preparation of instruments to regulate intra-Central American trade relations
with a view to establishing a set of clear and transparent rules;
2. It is necessary to adapt regional regulations to the Uruguay Round Agreements following the
creation of the World Trade Organization, in particular the Agreement on Implementation ofArticle VI of the GATT 1994 and the Agreement on Subsidies and Countervailing Measures;
3. By Resolution No. 12-95 (COMRIEDRE II) of 12 December 1995, the Ministers responsible
for economic integration and regional development approved the Central American
Regulations on Unfair Business Practices;
Therefore Decree:
Article 1: The Central American Regulations on Unfair Business Practices, the text of
which appears below, are hereby brought into force.
Resolution No. 12-95 (COMRIEDRE II)
THE COUNCIL OF MINISTERS RESPONSIBLE FOR ECONOMIC
INTEGRATION AND REGIONAL DEVELOPMENT,
Whereas:
It is necessary to adapt regional regulations to the Uruguay Round Agreements following the
creation of the World Trade Organization, in particular the Agreement on Implementation ofArticle VI of the GATT 1994 and the Agreement on Subsidies and Countervailing Measures;G/ADP/N/1/CRI/2
G/SCM/N/1/CRI/2
Page 3
Whereas:
By Resolution No. 9-94 (CEC), issued on 24 September 1994 in Montelimar, Nicaragua, the
Central American Economic Council established as a priority matter on the Central American Agendathe preparation of the legal instruments to regulate trade that must be adopted in order to establish, as
rapidly as possible, clear rules governing intra-Central American trade relations;
In accordance with the procedure established in the above-mentioned Resolution, the
technical fora and meetings of Directors of Integration and Vice-Ministers of the Economy
Responsible for Economic Integration Affairs gave their consent to the contents of the draft Central
American Regulations on Unfair Business Practices and recommended that they be adopted;
Pursuant to Article 18 of the Protocol of Te gucigalpa to the Charter of the Organization of
Central American States (OCAS), this forum is responsible for promoting integration policy in the
Central American region, which implies assuming the functions of the Central American Economic
Council and the Central American Tariff and Customs Council;
Therefore:
Pursuant to Article 18 of the Protocol of Te gucigalpa to the Charter of the Organization of
Central American States and Articles 6, 7, 9, 12, 24 and 25 of the Convention on the Central AmericanTariff and Customs Regime;
Decide:
1. To adopt the Central American Regulations on Unfair Business Practices in the form in which
they appear in the Annex to this Resolution, which forms an integral part thereof.
2. The Central American Regulations on Unfair Business Practices shall enter into force thirty
days following the date of this Resolution, which shall be published in full by the States.
San Pedro Sula, 12 December 1995
Marco Antonio Vargas Díaz
Minister of the Economy, Indus try and Trade of Costa Rica
Eric Meza Duarte Eduardo Zablah Touché
Minister of the Economy Minister of the Economyof Guatemala of El Salvador
Fernando García Rodríguez Pablo Pereira Gallardo
Minister of the Economy Minister of the Economy and Development
and Trade of Honduras of NicaraguaG/ADP/N/1/CRI/2
G/SCM/N/1/CRI/2
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CONTENTS
CENTRAL AMERICAN REGULATIONS ON
UNFAIR BUSINESS PRACTICES
TITLE I GENERAL PROVISIONS
Article 1. Definitions
Article 2. Object of the Regulations
Article 3. Initiation of proceedings
Article 4. Substantive rules
TITLE II PROCEDURES AND MEASURES IN CASES OF UNFAIR BUSINESS
PRACTICES
CHAPTER I PROCEDURE IN TRADE RELATIONS WITH THIRD COUNTRIESArticle 5. Purpose of the procedure
Article 6. Application
Article 7. Examination of the application
Article 8. Rejection of the application
Article 9. Notification of the exporting government
Article 10. Opportunity for holding consultationsArticle 11. Resolution for the opening of an investigation
Article 12. Time-limit for the investigation
Article 13. Preliminary determination
Article 14. Provisional measures
Article 15. Requirements for the imposition of provisional measures
Article 16. Duration of provisional measures
Article 17. Termination of the investigationArticle 18. Final resolution
CHAPTER II PROCEDURE IN INTRAREGIONAL TRADE RELATIONSArticle 19. Transmittal to the Executive Committee
Article 20. Convocation of the Executive Committee
Article 21. Statements by affected parties
Article 22. Review
Article 23. Recommendation of the Executive Committee
CHAPTER III REGIONAL PROCEDURE
Article 24. Regional procedure
Article 25. Notification
Article 26. Continuation of procedureArticle 27. Time-limit for the investigation
Article 28. Convocation and final resolution
Article 29. Provisional measuresG/ADP/N/1/CRI/2
G/SCM/N/1/CRI/2
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Article 30. Implementation of decisions
Article 31. Cost of the regional investigation
Article 32. Procedure
CHAPTER IV PROVISIONS COMMON TO CHAPTERS I, II AND III
Article 33. Exceptional and provisional nature of measures
Article 34. Causal link
Article 35. Congruence
Article 36. Duration of definitive measures
Article 37. Collection of dutiesArticle 38. Guaranteed amount
Article 39. Conciliation meetings
Article 40. Suspension of the investigation
Article 41. Review of undertakings
Article 42. PublicationArticle 43. Appeals
TITLE III FINAL PROVISIONSArticle 44. Amendments to these Regulations
Article 45. Suppletive application
Article 46. Implementing body
Article 47. Epigraphs
Article 48. Repeal clauseG/ADP/N/1/CRI/2
G/SCM/N/1/CRI/2
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CENTRAL AMERICAN REGULATIONS
ON UNFAIR BUSINESS PRACTICES
TITLE I
GENERAL PROVISIONS
Article 1: Definitions
For the purpose of these Regulations, the expressi ons indicated below shall have the following
meaning:
• Investigating Authority: The Directorate or Directorate-General of Integration of the
Ministry of the Economy or, as the case may be, the Directorate competent for
matters pertaining to Central American economic integration in each country, or the
technical unit with responsibility for investigating unfair business practices.  This
shall be SIECA in the case of regional procedures.
• WTO Agreements: The Agreement on Implementation of Article VI of the General
Agreement on Tariffs and Trade 1994 and the Agreement on Subsidies and
Countervailing Measures.
• Executive Committee: The Executive Committee for Economic Integration set up by
Article 37 of the Guatemala Protocol.
• Council of Ministers:  The Council of Ministers for Economic Integration set up by
Article 37 of the Guatemala Protocol.
• States Parties:  The States party to the General Treaty on Central American Economic
Integration, the Guatemala Protocol and the Convention on the Central American
Tariff and Customs Regime.
• GATT 1994:  The General Agreement on Tariffs and Trade 1994, annexed to the
Agreement Establishing the World Trade Organization.
• Minister:  The Minister of each State Party having responsibility for matters relating to
Central American economic integration or, as the case may be, the investigation of
unfair business practices.
• WTO:  The World Trade Organization
• Interested Parties:  Those referred to in Article 6.11 of the Agreement on
Implementation of Article VI of the General Agreement on Tariffs and Trade 1994and in Article 12.9 of the Agreement on Subsidies and Countervailing Measures,
respectively.
• Guatemala Protocol:  The Protocol to the General Treaty on Central American
Economic Integration, signed on 29 October 1993.
• Region:  All of the States Parties as a whole.
• SIECA:  The Secretariat for Central American Economic Integration.G/ADP/N/1/CRI/2
G/SCM/N/1/CRI/2
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• Third Countries:  Countries that are not States Parties.
Article 2: Object of the Regulations
These Regulations develop the provisions established in the WTO Agreements and, as
appropriate, the provisions of the Guatemala Prot ocol and the Central American Tariff and Customs
Regime.
Article 3: Initiation of proceedings
The process of investigation for the purpose of establishing the existence and effects of unfair
business practices may be initiated on application by an interested party or ex officio , in accordance with
the provisions of the WTO Agreements.
When the investigating authority proceeds ex officio , it shall notify the domestic industry for
confirmation of its consent to the continuation of the investigation.
Article 4:  Substantive rules
All substantive aspects relating to unfair bus iness practices shall be determined by the
provisions of the instruments referred to in Article 2 of these Regulations.
TITLE II
PROCEDURES AND MEASURES
IN CASES OF UNFAIR BUSINESS PRACTICES
Chapter I
Procedure in Trade Relations with Third Countries
Article 5: Purpose of the procedure
The investigating authority shall be responsible  for investigating, analysing and evaluating
allegedly unfair business practices and deciding whether it is appropriate to recommend the imposition
of "anti-dumping duties" or "countervailing duties", as the case may be.
Such measures shall be imposed when unfair business practices cause or threaten to cause
material injury or serious prejudice to a domestic i ndustry or material retardation of the establishment of
such an industry, in accordance with the criteria set out in the WTO Agreements.
Article 6: Application
Applications for the initiation of an investig ation may be made by representatives of the
domestic industry producing the product injured by the imports in relation to which the investigation is
requested and producer associations which consider that  they are being affected or threatened by imports
which are allegedly the object of unfair business practices.
The application shall be submitted to the inves tigating authority and shall comply with the
following formal requirements:G/ADP/N/1/CRI/2
G/SCM/N/1/CRI/2
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(a) Designation of the authority to which the application is made;
(b) identification of the applicant and, in the case of a legal representative, the
corresponding documentation;
(c) service address;(d) account of the facts and specific indi cation of the unfair business practice;
(e) request couched in precise terms consistent with the account of the facts;(f) the other requirements established in the WTO Agreements;(g) place and date of the application;  and
(h) signature of the applicant or legal representative of the domestic industry or
corresponding association.
Article 7: Examination of the application
Within thirty days of receiving the applicati on, the investigating authority shall examine it in
order to establish whether it fulfils the requiremen ts laid out in these Regulations.  If the authority
determines that the application is incomplete, it shall notify the interested party within ten days to enable
the latter to fulfil the relevant requ irements within thirty da ys of this notification.  At the request of the
interested party, this period may be extended for a further thirty days.
If the interested party fails to  comply within the stipulated period, the application shall be
considered abandoned and shall be filed, without prejudice to the right of the party concerned
subsequently to resubmit the case.
If the interested party provides the additiona l information, the inves tigating authority shall,
within fifteen days, proceed in accordan ce with Article 11 of these Regulations.
Article 8: Rejection of the application
After having examined the application within th e time-limit established in the previous Article,
the investigating authority shall reject it by mean s of a reasoned resolution in the following cases:
(a) If it determines that the application has not been made on behalf of a domestic industry,
in accordance with the WTO Agreements;
(b) if insufficient evidence is submitted to justify initiating an investigation.
The resolution rejecting an application shall be not ified, within ten days of its date of issue, to
the interested party, who may use the legal remedies provided for in the legislation of the State party
concerned against it.
Article 9: Notification of the exporting government
The investigating authority shall notify the governme nt of the country of origin or export of the
product under investigation of the application for the initiation of an investigation into unfair business
practices.  This notification shall be made prior to the initiation of the investigation.G/ADP/N/1/CRI/2
G/SCM/N/1/CRI/2
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Article 10: Opportunity for holding consultations
In the case of subsidies, together with the notific ation provided for in the previous Article or at
any time prior to the initiation of the investigation, the investigating authority shall afford an opportunity
to the governments of the countries of origin or export of the product under investigation to hold
consultations for the purpose of clarifying the facts ra ised in the application and arriving at a mutually
agreed solution.  Consultations for this same  purpose may be held during the investigation.
Article 11: Resolution for the opening of an investigation
When, following the examination referred to in  Article 7 above, the investigating authority
decides that there is sufficient evidence to justif y opening an investigation, it shall issue a resolution
announcing the initiation of the respective investigation procedure.  The resolution shall contain at least
the following information:
(a) Identification of the investigating author ity initiating the procedure and the date and
place of issuance of the resolution;
(b) an indication that the application a nd its accompanying documentation have been
accepted;
(c) the name or business name and domicile of the domestic producer or producers of like
products;
(d) the country or countries of origin or the provenance of the products presumed to be the
object of unfair business practices;
(e) the reasons and justification for the resolution;(f) a detailed description of the product that has been or is being imported under allegedly
unfair business practices;
(g) a description of like domestic products with regard to the product imported under
allegedly unfair business practices;
(h) the time-limit granted to the defendants and, where appropriate, the foreign government
or governments mentioned, to submit whatever evidence they see fit, and the place at
which they may present their submissions;
(i) determination of the persons from whom the pertinent information is to be requested by
means of the form to be provided  by the investigating authority.
This resolution shall be notified within ten days of its date of issue to the interested parties, who
shall have a period of thirty days from the day following the notification in which to object.
Article 12: Time-limit for the investigation
The investigation shall be concl uded within twelve months of th e date of its initiation, but may,
in exceptional circumstances, be extended for a furthe r period of up to six months on the initiative of the
investigating authority or at the request of an interested party.G/ADP/N/1/CRI/2
G/SCM/N/1/CRI/2
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Article 13: Preliminary determination
The investigating authority shall issue an affirmative or negative preliminary determination as
to the existence of unfair business practices and the ex istence of injury, threat of injury or retardation of
the establishment of a domestic industry.
This determination shall take the form of an opi nion issued by the investigating authority within
a period of sixty days of the initiation of the investigation.
Article 14: Provisional measures
During the investigation, the investigating au thority may recommend to the Minister the
adoption of provisional measures in cases of allege d dumping or subsidization, in conformity with the
provisions of the WTO Agreement.
Article 15: Requirements for the imposition of provisional measures
Provisional measures shall be imposed only if the following conditions are fulfilled:
(a) The investigation has been initiated in conformity with the provisions of these
Regulations and at least sixty days have elapsed since its initiation;
(b) there has been an affirmative preliminary determination of the existence of dumping or
subsidization involving serious injury or prejudice to a domestic industry or retardation
of the establishment of a domestic industry, in conformity with the WTO Agreements;
(c) the investigating authority judges that su ch measures are necessary to prevent serious
injury or prejudice to a domestic industry, in conformity with the WTO Agreements.
Article 16: Duration of provisional measures
The application of provisional measures shall be  limited to as short a period as possible, not
exceeding four months or, with respect to dumping, by  decision of the authorities concerned and at the
request of exporters representing a significant percentage of the trade involved, for a period not
exceeding six months.
When the authorities, in the course of an in vestigation, examine whether a duty lower than the
margin of dumping would be sufficient to remove injury, these periods may be six and nine months,
respectively.
Within ten days of its adoption, the resolution imposing provisional measures shall be notified
to the interested parties and to the competent authority for implementation.
Article 17: Termination of the investigation
The investigation shall be terminated if it is determined that the margin of dumping or amount
of subsidy is de minimis  or that the volume of imports or the injury is negligible.
Article 18: Final resolution
Within three days of concluding its investiga tion, the investigating authority shall submit the
technical study together with the relevant recomme ndations to the Minister, who shall, within three
working days of its receipt and by means of a r easoned resolution, declare the investigation concluded,G/ADP/N/1/CRI/2
G/SCM/N/1/CRI/2
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state whether or not a definitive anti-dumpin g or countervailing duty should be imposed and, if
applicable, revoke any provisional measure adopted.
The resolution imposing a definitive anti-dumping or countervailing duty shall be put into effect
in accordance with the domestic law of each country and shall be notified within ten days of issue to the
interested parties and to SIECA, for the latter to  bring it to the attention of the Executive Committee.
Chapter II
Procedure in Intrareg ional Trade Relations
Article 19: Transmittal to the Executive Committee
In the case of products originating in Central America, once the application has been processed
in accordance with the preceding Chapte r, the investigating authority sha ll, together with the notification
of the resolution referred to in the last paragraph of the preceding Article and within the same time-limit
indicated therein, transmit to SIECA a summary of the file, for the latter to notify the other States and
convene the Executive Committee to examine the matter.
Article 20: Convocation of  the Executive Committee
Within eight days of receiving the summary,  SIECA shall convene the Executive Committee to
a meeting to be held within thirty days of the date of the convocation and shall transmit to its members a
copy of the summary.
Article 21: Statements by affected parties
The State Party affected by the adopted measure shall, within fifteen da ys of being notified of
the convocation, submit to the Executive Committee through SIECA a duly substantiated statement of
the case.
Article 22: Review
When, after receiving the reports, the Executive Committee at its meeting nevertheless
considers that it requires further items of eviden ce, it may collect such items through SIECA, which
shall submit its report to the Committee within thirty days.
Article 23: Recommendation of the Executive Committee
Within thirty days of receipt of the corresponding report from SIECA, the Executive Committee
shall make whatever recommendations it sees fit with a view to resolving the problem.
The State Party which considers itself affected may have recourse to the regional dispute
settlement procedures or to the corresponding procedures of the WTO.G/ADP/N/1/CRI/2
G/SCM/N/1/CRI/2
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Chapter III
Regional Procedure
Article 24: Region al procedure
Where the industry of a State Party other than th e importer is affected, at the request of the
Government concerned, a regional procedure shall be opened and conducted through SIECA.  The
procedure shall be initiated as of the moment when  SIECA receives the request of the State concerned,
which shall be submitted in the original plus fi ve copies and, as appropriate, in compliance with
Article 6 of these Regulations.
Article 25: Notification
Within ten days of receipt of the request, SIEC A shall adopt a resolution to proceed with the
case and, within the next ten days, shall forward a copy of the file to the administrative authority of the
importing State Party, which shall proceed with the cas e in accordance with the provisions of Chapter I
of this Title.  The authority sha ll begin the review of the case as from the eighth day after SIECA
transmitted the file.
Article 26: Continuation of procedure
If the importing State Party does not initiate the investigation within the time-limit established
in the preceding Article, SIECA shall, within the follo wing ten days, transmit a copy of the file to the
other States Parties and officially notify the interest ed parties, thus initiating the regional procedure.
Article 27: Time-limit for the investigation
SIECA shall carry out the relevant investigation within the period established in Article 12 of
this instrument and may gather and request any evid ence and reports it considers necessary, in particular
from the exporters who are the subject of the co mplaint and from Central American producers and
importers.  During the investigation period, any in terested party may submit information or present
written submissions.
Article 28: Convocation and final resolution
Within five days of the conclusion of the inve stigation, SIECA shall issue a convocation of the
Executive Committee and transmit the file, together with a technical report and whateverrecommendations it considers pertinent.  The Committ ee shall meet within the following fifteen days in
order to settle the dispute definitively, determining the individual or joint actions to be taken by the
States Parties.
Article 29: Provisional measures
At any stage in the investigation, and provided th at the conditions set forth in Article 15 of these
Regulations are fulfilled, SIECA may recommend the adoption of provisional measures.  The Executive
Committee shall examine and decide on this recommendation at its subsequent meeting.
Article 30: Implementa tion of decisions
The decisions of the Executive Committee establishing provisional or final anti-dumping or
countervailing duties shall be implemented by the States  Parties in accordance with their domestic law.G/ADP/N/1/CRI/2
G/SCM/N/1/CRI/2
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Article 31: Cost of the regional investigation
The costs of the regional investigation shall be borne by the person or persons who brought the
action before the complainant State Party.
Article 32: Procedure
In addition to the special provisions established in  this Chapter, the provisions of Chapters I and
II of this Title shall apply, where appropriate, to the regional procedure.
Chapter IV
Provisions Common to Chapters I, II and III
Article 33: Exceptional and pr ovisional nature of measures
Measures imposed pursuant to these Regulations shall be exceptional and temporary in
character as they shall be in force as long as is  necessary to counteract the situation which caused them
to be applied.
Article 34: Causal link
For a measure to be adopted, there must be a causal link within the meaning of the WTO
Agreements.
Article 35: Congruence
Where any anti-dumping or countervailing duty is applied, its amount shall be sufficient to
redress the injury or prejudice and never greater than  the estimated margin of dumping or the amount of
the subsidy.
Article 36: Duration of  definitive measures
Any definitive anti-dumping or countervailing meas ure shall be eliminated within a period of
five years from the date of imposition of the provisi onal measure or, failing that, of the final resolution.
This time-limit may be extended exceptionally when it is demonstrated that the conditions
which gave rise to the measure continue to exist.
Once a measure has been adopted, it may be reviewed at any moment during its
implementation.
Article 37: Collection of duties
Where an anti-dumping or countervailing duty is imposed on a product, it shall be collected on
imports that are dumped or subsidized and causing or  threatening to cause material injury or serious
prejudice to a domestic industry or material retarda tion of the establishment of a domestic industry, in
accordance with these Regulations.  Insofar as possible,  it shall be applied to the supplier or suppliers of
the product concerned.  If, however, all of the suppliers are involved in the unfair business practice
concerned or it is impossible to distinguish between them, the measure shall apply to all suppliers in the
country or countries in question.G/ADP/N/1/CRI/2
G/SCM/N/1/CRI/2
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Article 38: Guaranteed amount
If the definitive countervailing or anti-dump ing duty exceeds the guaranteed amount, the
difference shall not be demanded.  If the definitive  duty is less than the guaranteed amount, an order
shall be issued for prompt reimbursement of the excess.
Article 39: Conciliation meetings
At any stage of the investigation until such time as a definitive measure is adopted, and without
interrupting the investigation, conc iliation meetings may be held  ex  officio  or at the request of a party
in order to achieve a direct settlement.
Article 40: Suspension of the investigation
At the proposal of the investigating authority,  the Minister may suspend or terminate the
investigation at any stage when there are sufficie nt grounds for doing so, by issuing the corresponding
resolution which shall be notified within ten days of its  issue to the interested parties and SIECA, for the
latter to bring it to the attention of the Executive Committee.
Article 41: Review of undertakings
The implementation of the undertakings agreed by conciliation meetings may be reviewed ex
officio  or at the request of a party, and periodic information may be requested concerning such
implementation.  If the review reveals non-complian ce, a recommendation shall be made to the Minister
to apply provisional measures on the basis of the info rmation available, and the interested parties shall
be notified within ten days of the date on which the measure was adopted.
Article 42: Publication
Resolutions on the opening, suspension or conclusi on of an investigation and on the application
or non-application of countervailing or anti-dumping duties or the modification of such measures shall,
at the moment of their notification, be published, once onl y, at the cost of the interested party, in the
Official Journal and one of the daily newspapers w ith national circulation of the country concerned and,
where appropriate, in the Official Journal of the Ce ntral American Integration System, to enable any
persons concerned by the investigation process to exercise their rights.
Article 43: Appeals
The appeals provided for in the domestic legislation of each country may be entered against the
resolutions adopted by the national authorities.
The appeals provided for in the legal instru ments of Central American integration may be
entered against the resolutions adopted by the regional bodies.
TITLE III
FINAL PROVISIONS
Article 44: Amendments to these Regulations
The Council of Ministers shall have responsibility for amending the provisions of these
Regulations at the request of States Parties or SIECA.G/ADP/N/1/CRI/2
G/SCM/N/1/CRI/2
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Each State Party shall submit a six-monthly re port to the Executive Committee, through SIECA,
on the implementation of this instrument.
Article 45: Suppletive application
In cases not covered by these Regulations, Stat es Parties may apply on a supplementary basis
the provisions and principles of Ce ntral American integration, the provisions of public international law,
and the general principles of law.
Article 46: Implementing body
Pending the entry into force of the Guatemala Prot ocol for all States Parties, the body competent
in matters pertaining to economic integration, in accordance with the legal instruments of Central
American integration, shall have responsibility fo r implementing this instrument, where applicable.
Article 47: Epigraphs
The epigraphs preceding the Articles of these Regulations are exclusively indicative and
therefore have no effect on their interpretation.
Article 48: Repeal clause
Upon the entry into force of these Regulations, the Regulations of Articles 25 and 26 of the
Convention on the Central American Tariff and Cu stoms Regime, "Unfair Business Practices" and
"Safeguard Clause", dated 10 September 1987, the Ce ntral American Regulati ons on Unfair Business
Practices and Safeguard Clause, dated 29 January 1993, as well as any other provision inconsistent with
these Regulations as far as unfair business practices are concerned are hereby repealed.
* * * * *
Article 4: This Decree shall enter into force on 12 January 1996.
Done in the Office of the President of the Republic, San José, on the nineteenth day of
December nineteen hundred and ninety five.
For publication - JOSÉ MARÍA FIGUERES OLSEN - Marco A. Vargas Díaz, Minister of the
Economy, Industry and Trade - Once - C-49000 - (2475).
__________G/ADP/N/1/CRI/2
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No. 30637-MEIC
THE PRESIDENT OF THE REPUBLIC AND THE MINISTER OF THE
ECONOMY, INDUSTRY AND TRADE
In application of the powers conferred by subparagraphs (3) and (18) of Articles 140 and 146
of the Constitution, subparagraph 2(b) of Article 28 of the General Law on Public Administration,
Articles 10 and 11 of the Law on Industrial Protection and Development (Law No. 2426 of
18 May 1960), Article 25 of the Convention on the Central American Tariff and Customs Regime
(Law No. 6986 of 3 May 1985), Article 1 of the Central American Regulations on Unfair BusinessPractices (Executive Decree No. 24868-MEIC of  31 January 1996), Article 5 of the Organic Law of
the Ministry of the Economy, Industry and Trade (Law No. 6054 of 23 June 1977 and amendments
thereto) and Article 5(b) of the Regulations to the Organic Law (Decree No. 29117-MEIC of
6 December 2000);
Whereas:
1. The Law on Industrial Protection and Development, Law No. 2426 of 18 May 1960, grants
the Ministry of the Economy, Industry and Trade the authority to take such measures as are necessary
to counter unfair business practices;
2. By Official Communication DM-822-95 of 4 September 1995, the Ministry of National
Planning and Economic Policy approved the restructuring of the Ministry of the Economy, Industry
and Trade and authorized the creation of the Office of Unfair Business Practices and Safeguard
Measures;
3. By Official Communication DM-23-00 of 7 April 2000, the Ministry of National Planning
and Economic Policy approved the restructuring of the Ministry of the Economy, Industry and Trade,
involving, inter alia , the transfer of the functions of the Office of Unfair Business Practices and
Safeguard Measures to the Legal Affairs Unit. In this connection, the said Ministry stated that the
restructuring study that had been submitted lacked the legal analysis required to justify transferring
the functions of the Office of Unfair Business Practices and Safeguard Measures to the Legal Affairs
Unit because it caused an unwarranted overlapping of functions;
4. The Regulations to the Organic Law of the Ministry of the Economy, Industry and Trade,
Executive Decree No. 29117-MEIC of 6 December 2000, transferred the functions of the Office of
Unfair Business Practices and Safeguard Measures to the Legal Affairs Unit;
5. In the light of the international commitments assumed by Costa Rica, as reflected in the
agreements of the Uruguay Round of Multilateral Tr ade Negotiations and the technical nature of the
administrative procedures, it was decided to accept the observations made by the Ministry of NationalPlanning and Economic Policy and set forth in  Official Communication DM-23-00 of 7 April 2000;
6. There is a pressing need to set up an Office of Unfair Business Practices and Safeguard
Measures under the Office of the Minister and operating independently of any Ministerial Unit;G/ADP/N/1/CRI/2
G/SCM/N/1/CRI/2
Page 17
Therefore decree:
Article 1. – Subparagraphs (g) and (i) of Article 8 of Executive Decree No. 29117-MEIC of
6 December 2000 are hereby deleted.
Article 2. – The Office of Unfair Business Practices and Safeguard Measures is hereby
created under the Office of the Minister, with the responsibility of dealing on an exclusive basis with
cases involving unfair business practices and safeguard measures, except cases in which international
treaties grant competence to other branches, in whic h case those branches shall work in cooperation
with the Office of Unfair Business Practices and Safeguard Measures.
Article 3. – The purpose of the Office is to act as a technical unit responsible for conducting
the administrative procedures involved in the imposition of anti-dumping duties or countervailing
duties or the application of safeguard measures.
Article 4. – The Regulations to the Organic La w of the Ministry of the Economy, Industry
and Trade, Executive Decree No. 29117-MEIC of 6 December 2000, are hereby amended to include
the following Article, which shall appear as Article 8 bis:
Article 8. bis - The Office of Unfair Business Practices and Safeguard Measures shall act as
advisor to the Office of the Minister and shall have the following functions:
(a) Advise the Office of the Minister and other entities in the Ministry on dumping,
subsidies and the imposition of safeguard measures;
(b) advise domestic productive sectors on the functioning of the Office;(c) provide guidance to interested parties on the appropriate use of international
mechanisms of protection against unfair business practices and on the imposition of
safeguard measures;
(d) advise interested parties on the proper filing of a complaint and the gathering of
relevant evidence;
(e) receive and transmit complaints concerning unfair business practices relating to either
dumping or subsidies;
(f) receive and transmit applications for the imposition of safeguard measures;(g) carry out relevant studies to determine the appropriateness of complaints of unfair
business practices or the need to impose safeguard measures.
Article 5. – This Decree shall come into force upon publication.
Done in the Office of the President of the Republic, San José, on the twelfth day of August 2002.ABEL PACHECO DE LA ESPRIELLA - Vilma Vill alobos Carvajal, Minister of the Economy,
Industry and Trade - Once - (Request No. 1547) - C-20810 - (D30637-61728).
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