Air transport operating licenses for non-resident companies are subject to reciprocity.
"Article 143.- To operate any air service, an operating certificate is required, which will be granted by the Civil Aviation Council and will be approved by the Executive Power in the case of international air services.
Simultaneously, the General Directorate of Civil Aviation will process the granting of an operational certificate or air operator certificate, by means of which the technical suitability to provide the service will be demonstrated.
[...]
Article 149.- The certificates that are issued for the operation of international air transport services, in addition to complying with the prescriptions of this law, will be granted subject to the treaties or agreements on civil aviation that have been signed and ratified by the Government of Costa Rica.
In the absence of treaties or agreements, the granting of said certificates shall conform to the principle of equitable reciprocity to the provisions of this law and the respective regulations.
Article 150.- If it is a foreign company that requests the operating certificate for air transport, in addition to complying with the requirements of articles 142 and 143, it will certify:
a) That he has authorization from his Government to carry out the proposed international service.
b) That your Government grants or is willing to grant reciprocity to Costa Rican air transport companies.
c) That it is expressly subject to the provisions of this law and to the jurisdiction of the Costa Rican authorities in the event of damage to passengers, cargo or checked baggage, or to the persons or goods of third parties on the surface, expressly waiving to go to the diplomatic channel.
[...]
Article 156.- Operation certificates for public air services will not be granted if it is not verified, among others, that the applicant is completely up to date in the payment of taxes, and in the following cases: [...]
4) In the case of a foreign company:
a) If the State whose nationality the applicant has has not granted the respective authorization to carry out the proposed international service, or does not provide reciprocity to Costa Rican companies.
b) When the authorization of the service is contrary to national interests or international agreements signed by the Government of Costa Rica.
[...]
Article 172.- The certificates that the Civil Aviation Technical Council issues for the operation of international air transport services, in addition to adjusting to the provisions of this law and its regulations, will be granted subject to the treaties or agreements on Civil Aviation have been signed and ratified by the Government of Costa Rica.
The granting of said certificates shall be in accordance with the principle of equitable reciprocity and the provisions of the respective regulations.[...]" (General Civil Aviation Law (no. 5150, 05/14/1973), last amended by Law no. 8766 of 09/01/2009, Articles 143, 149, 150, 156 and 172 [google translation])
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"Article 3 - Those interested in obtaining a certificate of operation for aeronautical services must indicate the following information and comply with the requirements indicated below: [...]
2. In the case of legal persons, the legal constitution of the company and its legal status must be accredited.
a) Notarial or registry certification of the applicant's legal status. In the case of notarial certifications, they will be valid for two months and the registry will be those indicated in the document.
b) Notarial or registry certification of the incorporation of the company and number of the legal identity card, with the validity previously indicated.
c) Notarial or registry certification of the members of the Board of Directors, with the aforementioned validity
d) Notarial or registry certification of Capital Stock, with the aforementioned validity.
[...]
Article 4 - For the provision of services covered by certificates of international exploitation, interested foreign companies must also attach: [...]
d) If there is a duly ratified Air Transport Agreement or Memorandum of Understanding, the company must have been designated by the Aeronautical Authorities of the country Party to the Agreement. The designation must be sent to the General Directorate of Civil Aviation, through diplomatic channels, as well as the translation into Spanish by an official translator endorsed or from the same consulate, when required.
e) When there is no duly ratified Air Transport Agreement or Memorandum of Understanding, the Aeronautical Authority of the airline's country of origin must send a Letter of Reciprocity through Diplomatic channels specifying which country grants or is willing to grant reciprocity to Costa Rican air transport companies, it must also contain the translation into Spanish by an official translator endorsed or from the same consulate, when required. [...]"(Executive Decree No. 37972-MOPT on Regulation for the granting of operating certificates (08/16/2013), last amended by Executive Decree no. 41309 of 06/06/2018, Articles 3 and 4 [google translation])
General Civil Aviation Law (no. 5150, 05/14/1973), last amended by Law no. 8766 of 09/01/2009, Articles 143, 149, 150, 156 and 172
Executive Decree No. 37972-MOPT on Regulation for the granting of operating certificates (08/16/2013), last amended by Executive Decree no. 41309 of 06/06/2018, Articles 3 and 4
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