Financial Crime World

Costa Rica Reiterates Commitment to International Cooperation in Fight Against Corruption

San José, Costa Rica - March 4, 2022

The Government of Costa Rica has reaffirmed its commitment to international cooperation and coordination in the fight against corruption. In a letter dated March 4, 2022, one of the four central authorities (PGR) nominated an official as a contact point and asked another authority (OATRI) to consider doing likewise.

Absence of Coordination Framework

However, this development merely underscores the current absence of a coordination framework between these two authorities, which does not involve the other two identified in the Phase 2 Report. Costa Rica has made progress on implementing recommendations related to mutual legal assistance (MLA).

  • A bill before the Legislative Assembly would extend international cooperation to “any other form of assistance in accordance with international instruments approved by Costa Rica and with domestic law.”
  • Another bill aims to rectify a shortcoming in providing MLA for use in non-criminal proceedings against legal persons.

Challenges and Ongoing Efforts

However, Costa Rica has not fully implemented all recommendations. The country’s authorities have faced difficulties obtaining timely responses to MLA requests and have only used informal channels for urgent requests. A bill before the Legislative Assembly would allow the use of informal channels for urgent MLA requests, but this is not in line with the recommendation, which applies to all MLA requests.

Extradition Progress

Costa Rica has also made progress on extradition, amending Article 2 of the Extradition Law to remove a bar on extradition for offences committed outside Costa Rica. However, these changes have not yet been enacted.

Foreign Bribery Offence

Regarding foreign bribery, Costa Rica’s offence only covers foreign bribery committed with “direct intent,” whereas the Working Group recommended that the country amend its legislation to cover “eventual intent” as well. A bill before the Legislative Assembly would extend the foreign bribery offence to include individuals who accept the realisation of a crime, anticipating it at least as a possibility.

Conclusion

The Working Group welcomes these developments and will examine data on MLA requests in Phase 3. Costa Rica is encouraged to continue implementing recommendations and enacting necessary legislation to strengthen its fight against corruption.