December 11, 2018 Costa Rica's Customs General Directorate publishes draft Resolution regulating inclusion of royalty payments in an import's customs value The draft Resolution would establish a procedure for including royalties and license fees in an import's customs value when importers do not know the royalty amount that they have to pay at the time of the import. Under the draft Resolution, importers that do not know the royalty or license fee amount at the time of import must file a provisional customs return with an estimated amount. On December 4, 2018, Costa Rica's General Directorate published in the Official Gazette a draft Resolution that regulates the incorporation of royalty payments and license fees in the customs value of an import when the royalty and license fee amount is not known by the importer. Currently, the law does not provide a procedure for importers to follow when they do not know the royalty and license fee amount to include in the import's customs value. The lack of a procedure has created uncertainty for importers about how to include the royalty payments and license fees in the customs value. The Resolution would establish a regulation for when the importer or buyer, at the time of the importation of goods, does not know the amount or percentage of royalties or license fees that must be added to the price actually paid or payable for the goods, since it depends on circumstances or events that occur after the importation. The regulation would require the importer to file a provisional customs return with an estimated royalty and license fee amount. Businesses that import goods into Costa Rican territory should provide comments on the draft Resolution, as many of them are subject to the payment of these royalties and licenses fees. ———————————————
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