April 2006
05. ZÜRCHER ODIO & RAVEN HOSTED THE LATIN AMERICAN LAWYERS CONVENTION.

The Law Firm Zürcher Odio & Raven was host to a Latin American Lawyers Convention of the Bomchil Group, celebrated in the Hotel Real Intercontinental the days March 31st and April 1st and 2nd. Bomchil Group is a Latin American network founded in 1963, where its members offer global legal services in the 18 jurisdictions that it covers.

The idea of the meeting was  to analyze the current role that law firms play in Latin America in an increasingly global economy. Also, the idea was to strengthen the relationship among all the participating Law Firms, to the end of generating professional alliances that facilitate the rendering of services to those enterprises that have activities in various countries, or to nationals that decide to invest abroad. 

According to its organizers, this was an excellent opportunity to share experiences and look for the common ground that will allow the rendering of professional services of the highest standards. Edgar Zürcher, partner of the Law Firm, informed that Bomchil decided to celebrate its annual session in Costa Rica for the notoriety that our country has had in the last few months, particularly for being a country that has demonstrated to the world to have a highly respectable democratic system and, therefore, a stable business climate even when there is room for improvement.

Another organizer of the event, Raymundo Macís, said that aside form being a social activity, the event aims to the development of a working agenda that will allow member countries to implement policies to improve their productivity and thus obtain an advantageous position in the market.  

Traditionally, Latin American Law Firms have operated under a family structure or as a simple group of professionals that share operative costs. With the passing of time, they have understood their need to adopt a more entrepreneurial vision to be able to survive in a highly competitive market economy. In this sense, they have understood that they must submit to a periodical internal evaluation, invest in corporate image and adapt all those necessary measures to gain the esteem of the clients, providers and employees.

Both stressed the importance of celebrating this type of conventions because at current times the lawyer must stop being a mere legal counselor and turn into a consensus generator, always in the lookout for new business opportunities and thus contribute to the growth of the economy and the generation of new sources of employment in their nations.

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 April 2006
 06. REGULATION OF THE DIGITAL SIGNATURE LAW.
 
Last April 21st, the Executive Decree No. 33018, called Regulation of the Law of Certificates, Digital Signatures and Electronic Documents, Law No. 8454 was published in the official gazette.
 
The Law No. 8454 expressly authorized the State and all public entities to use the certificates, digital signatures and electronic documents within their respective competencies, empowering them to consider legally equivalent manifestations of any kind that with a representative or declarative character are expressed or transmitted by electronic means, in the same way as if they were granted or transmitted by physical means.  As expressly stated in numeral 3 of said law:
 
“In any law of the legal system, where there is a reference to a document or communication, it will be equally understood as an electronic or a physical one. Nevertheless, the use of the electronic support for a particular document, does not exempt in any case, the compliance with the requirements and formalities that the law demands for each case or particular juristic act.”
 
The objective of said regulation is to assure the State and its institutions as well as enterprises and general public that the persons that will render the services of creation, emission and operation of digital certificates will count with sufficient telematic systems and infrastructures to guarantee the security and authenticity of the transactions, as well as the confidentiality and integrity of the information. 

April 2006
07. GUANACASTE AWAITS PROCEDURES FOR NINE MARINAS.

Investments for US$35 million in nine marina and dock projects in the coasts of Guanacaste are being studied by the Tourist Docks and Marinas Commission (CIMAT) for their concession and construction.

Among these, the most important from the investment point of view, are the Papagayo Marina, the Playas del Coco and the Flamingo Marinas. Awaiting approval are also the projects of Punta Castilla, Playa Panama, Punta Sol (also Playas del Coco),  Puerto Carrillo, Punta Piedra Amarilla and Guaitil, according to Mr. Oscar Villalobos, director of CIMAT.

The concession of the Papagayo Marina was approved last December and awaits inclusion in the concession registry. Located in Bahía Manzanillo, Liberia, the project will cover 44 hectares with a capacity for 370 vessels, for a 20 year period in charge of Ecodesarrollo Papagayo. The plan is to start operations in 2008.

The Municipality of Santa Cruz is the most interested in re-activating the Flamingo Marina, which was closed on June 2004 for pollution problems. With an approximate area of 14 hectares, it will offer jobs to locals mainly in Matapalo, Portegolpe, Brasilito, Huacas and Cartagena.

The initiative to build a marina in Playas del Coco comes from two entities: the Italian-Costa Rican consortium Bello Horizonte Ltd., and the Playas del Coco Marinas Association. (Asodemac). Both firms are analyzing the possibility of uniting to execute only one project. This marina will be located southwest of Playas del Coco, in an area of 16 hectares, and with a cost of US$20 million.

April 2006
08. ELECTED GOVERNMENT PROMISES TO REFORM SETENA.

The future government has prepared the reforms to the National Environment Technical Secretaryship (SETENA) that will be executed by decree as soon as it starts functions in May 8th.  It also counts with the design to implement changes to the Environment Organic Law to improve its performance.

The objective is to reduce the excessive coverage that SETENA gives to cultural, financial and health aspects, and to redirect its focus to environmental issues. An amendment is also written to modify some laws that demand environmental impact studies that require a pronouncement from SETENA. The idea is to change the limited concept of “study” present in actual laws, to that of “evaluation” that is more flexible and would prevent SETENA from acting. Here, congress proceedings are required.

Among the simplest and immediate modifications is the creation of a mechanism of environmental licenses for most projects (80%), those that have a lower environmental impact. Ruben Hernandez, adviser to the elected president, added that the National Environmental Council is to be reactivated, to issue policy and to define competencies.

The new government has high expectations since the reforms based on decrees are fast, and the legal reforms that require time in congress count with huge political and entrepreneurial support. Even environmental advisers responsible for conducting environmental impact studies, considered it opportune to make changes.

April 2006
09. CONSUMER PROTECTION INTERNATIONAL AGREEMENT SIGNED.

The signing of an agreement between the Department of Economy, Industry and Commerce (MEIC) and the Federal Commission of Commerce of the United States (FTC) will allow the exchange of information between both countries in themes related to consumer defense.

The agreement also contemplates the investigative assistance and the elaboration of initiatives for the compliance of the respective legislations as well as the execution of consumer rights campaigns.

Only in 2005 MEIC attended more than 31,000 consumer consultations and received nearly 2000 claims which reflect, according to the Department, a bigger interest on the part of the consumers in the theme of protection of their rights, and a great advancement in the field.