By: Norma Villalobos
By means of Legislative Decree No. 586, the Legislative Assembly approved reforms to the Law of Free Zones and Commercialization.
Among the amendments to the Law are the following:
- The definition of developer contained in Article 2 literal j of the Law is extended to establish that it is the natural or juridical person who with previous authorization of the Ministry of Economy, and in compliance with the stages of Pre-qualification-Authorization and Opening and beginning of Operations is dedicated to the establishment and development of free zones, providing the same with the services, public and private infrastructure and industrial roof necessary for its adequate operation, with the purpose of selling or leasing the lots or industrial buildings to beneficiaries of the Law.
- The definitions related to the beginning of operations for Users and DPA and the beginning of operations for Free Zone Developers are incorporated to Article 2, in paragraphs “s)” and “t)”, respectively.
- The Consultative Committee of Free Zones is eliminated, modifying the content of Article 2-A, establishing with the amendment that the Ministry of Economy will promote the creation of spaces for the exchange of opinions among the workers, beneficiaries of the Law and Government institutions, with the purpose of promoting economic measures and necessary or convenient actions to facilitate the establishment, operation and growth of Free Zones and DPA.
- The Ministry of Economy is granted the power to authorize to new natural or juridical persons, the title of Free Zone Developer or Administrator, in case of abandonment, revocation or any other situation by means of which such title becomes available.
- The Ministry of Labor and Social Security is empowered to develop the corresponding labor regulations for the facilitation of the relations between the beneficiaries of the Law and their employees, being able to provide solutions related to schedules, working hours, among others related to the matter.
- The procedure for the declaration of abandonment of the companies qualified as Free Trade Zone Users or Deposit for Active Improvement (DPA) is modified, also incorporating the presumption of abandonment if after ten working days counted from the date in which the company has ceased operations without just cause, without having proceeded to request the Ministry of Economy the revocation of benefits and in the case of having requested it, if it has not settled the payment of salaries and other benefits to its workers.
The approved amendments will become effective 8 days after their publication in the Official Gazette, having been published in the Official Gazette No. 239 Volume No. 437 dated December 19, 2022.