VZCZCXYZ0000
RR RUEHWEB

DE RUEHSJ #0715/01 2360821
ZNR UUUUU ZZH
R 240821Z AUG 09
FM AMEMBASSY SAN JOSE
TO RUEHC/SECSTATE WASHDC 1147
INFO RUEATRS/DEPT OF TREASURY WASHINGTON DC
RUEAIIA/CIA WASHINGTON DC
RHEFDIA/DIA WASHINGTON DC
RUEAWJA/DEPT OF JUSTICE WASHINGTON DC
RUEABND/DRUG ENFORCEMENT ADMIN HQ WASHINGTON DC
RHMCSUU/FBI WASHINGTON DC
RHMFIUU/HQ USSOUTHCOM MIAMI FL

UNCLAS SAN JOSE 000715 
 
SIPDIS 
SENSITIVE 
 
DEPT FOR WHA/CEN, WHA/PPC, INL/LP 
 
E.O. 12958: N/A 
TAGS: PGOV KDEM PINR PREL ASEC CVIS PTER SNAR PREF
KTIP, CS 
SUBJECT: NATIONAL ASSEMBLY GETS BUSY - PASSES NEW 
ANTI-ORGANIZED CRIME, IMMIGRATION REFORM, AND ELECTORAL 
 
REFORM BILLS 
 
REF: SAN JOSE 692 
 
¶1. (SBU) Summary: Costa Rica's National Assembly capped off 
an uncharacteristically productive month-and-a-half on August 
11 by approving the final version of an Electoral Reform 
bill.  This came after the Assembly passed a new 
Anti-Organized Crime bill in early July, and an Immigration 
Reform bill in early August (the Electoral and Immigration 
Reform bills were officially signed by President Oscar Arias 
on August 19).  The reforms include much-needed changes to 
Costa Rican law, such as strengthening regulations against 
political corruption and narco-traffickers, changing some 
regulations on foreign residents, and extending further 
protections to trafficking in persons (TIP) victims and 
refugees.  The effectiveness of these new laws remains to be 
seen and some, such as the immigration law, will not go into 
effect for another six months. 
 
¶2. (SBU) While the last six weeks have been some of the most 
productive of the past three-and-a-half years on long-needed 
security reforms (not including the mammoth CAFTA laws passed 
last year), we do not expect this new-found efficiency to 
continue.  All sides will soon shift their attention to the 
upcoming national election campaign, which officially begins 
in October, making further significant accomplishments 
difficult to achieve. End Summary. 
 
------------------------- 
ANTI-ORGANIZED CRIME BILL 
------------------------- 
 
¶3. (SBU) The Anti-Organized Crime bill, passed on July 2, was 
perhaps the most pressing of the three major pieces of 
legislation the Assembly recently approved.  The new law 
establishes a legal definition of organized crime (a 
"structured group of two or more people," formed for the 
purpose of committing a "serious crime," i.e., one with a 
possible prison sentence of four years or more), lengthens 
the maximum period of preventive detention from 24 to 36 
months, and establishes a statute of limitations of 10 years 
for cases involving organized crime.  However, the new law 
does not make organized crime an aggravating factor in a 
case, or create enhanced sentencing guidelines for those 
convicted of activities involving organized crime. 
 
¶4. (SBU) One of the centerpieces of the new law is the 
creation of a Police Information Platform (PIP), a central 
database for all Costa Rican law enforcement agencies to 
share information.  The law also revamps Costa Rica's 
electronic surveillance procedures, creating a Communications 
Investigation Center (CIC), through which all wiretapping 
operations will be run.  A court order is required for 
wiretapping, and wiretaps are limited to twelve months, but 
can be extended for an additional twelve months.  The bill 
specifically requires communications providers to cooperate 
in wiretapping investigations.  Not addressed, but still 
needing revision is the requirement that only judges be 
allowed to listen to wiretaps.  This is problematic as 
justices often have little time to dedicate to a case, and 
rarely know what information they are seeking. The CIC will 
address technical deficiencies, but certain legal problems, 
such as this requirement, remain. 
 
¶5. (SBU) The organized crime law also outlines procedures 
governing the seizure of assets in organized crime-related 
cases.  The law puts the Costa Rican Drug Institute in charge 
of administering the seized assets in most cases, and lays 
out how various agencies will divide up seized assets after 
forfeiture.  Additionally, Interpol's offices have been moved 
into the bureaucratic structure of the Judicial Police (OIJ). 
 This will align GOCR police entities more uniformly, give 
Interpol more resources and arrest authority, and give OIJ 
access to Interpol criminal data. 
 
------------------ 
IMMIGRATION REFORM 
------------------ 
 
¶6. (SBU) On August 4, the National Assembly unanimously 
approved a new Immigration law, which makes a number of 
 
 
changes to Costa Rica's policies governing foreign residents. 
 The law also provides additional protections (and some 
much-needed reforms) to trafficking victims and refugees, and 
increases penalties for alien smuggling.  Though it has 
already been passed, the new law will not go into effect for 
six months from the date it is published in the official 
government gazette, in order to give the Department of 
Immigration time to implement the required changes. 
 
¶7. (SBU) The new law more tightly regulates the requirements 
put on foreign visitors to, and residents in, Costa Rica. 
Visitors will now be given the option of paying a $100 fee to 
renew their 90-day visa (for another 90 days), while those 
who overstay their visa will be charged $100 per month of 
overstay.  The law also increases the financial requirements 
for foreign residents in Costa Rica on business, requiring 
that they make an income of at least $2500 per month. 
Retired residents are required to show evidence of a monthly 
pension of at least $1000 per month, and 'investors' must 
show that they've made an investment of over $250K (which, in 
a change to previous law, can include hard assets such as the 
purchase of property).  These changes will only apply to new 
applications for residency. 
 
¶8. (SBU) Additionally, the new law requires immigrants 
applying for residency based upon a marriage to a Costa Rican 
to actually prove that the marriage exists.  Marriage fraud 
is often committed in Costa Rica to obtain legal residency, 
or fight deportation or extradition proceedings.  The new 
legislation tries to end or at least mitigate this practice, 
by giving Costa Rican authorities the legal ability to 
question the legitimacy of marriages in certain cases. 
 
¶9. (SBU) The law creates a new migratory category for TIP 
victims, giving Immigration the ability to grant them 
temporary visas.  The new legislation also sets out increased 
penalties for alien smuggling, setting the punishment at 2-6 
years imprisonment, or in aggravated circumstances 3-8 years 
in prison. 
 
¶10. (SBU) Finally, the new law creates a separate office 
within Immigration to deal specifically with refugee issues 
(Reftel).  This includes the assignment of specific 
immigration officials to the new office, who will be given 
specialized training in refugee processing procedures.  The 
law also grants additional protections to refugees by 
clarifying and strengthening the application appeal process. 
Finally, the new law removes or lowers some of the financial 
costs involved with the refugee application process. These 
changes should help the GOCR reduce the current six-to-eight 
month wait time for refugee applications, and help address 
the backlog of over 80 cases awaiting appeal. 
 
---------------------- 
ELECTORAL CODE CHANGES 
---------------------- 
 
¶11. (SBU) The final major piece of legislation to pass was 
the Electoral Code Reform law, which primarily focused on 
campaign finance reform.  The law, which was passed on August 
11, outlaws campaign contributions by groups or businesses, 
instead requiring that all donations come from individuals. 
It also prohibits contributions directly to political 
candidates, instead requiring that all donations be made to 
the candidate's political party.  This new legislation lays 
out finite prison sentences for those who violate these new 
campaign financing regulations. 
 
¶12. (SBU) In a move that favors smaller, regional parties the 
law opens up public financing of campaigns to municipal 
elections.  However, the law reduces the budget for public 
financing of campaigns for the 2010 election by over forty 
percent.  Additionally the new law extends current mayoral 
terms by two years to create a mid-term election in 2012, 
restricts presidential candidates from also running for seats 
in the National Assembly, and eliminates a prohibition on 
alcohol that has traditionally surrounded election day. 
Finally, the new law lays out plans for the 2014 election, 
specifically creating the possibility of voting from abroad, 
and a requirement that political parties have equal numbers 
 
 
of men and women among their candidates for the National 
Assembly. 
 
------- 
COMMENT 
------- 
 
¶13. (SBU) In comparison to its anemic record previously, the 
work of the National Assembly over the past month and a half 
has been nothing short of monumental.  The new Anti-Organized 
Crime bill puts in place a legal framework which should help 
Costa Rica better deal with an ever-growing security 
situation.  The new immigration bill modernizes some 
immigration procedures and policies, while enhancing the 
Department of Immigration's ability to deal with foreigners 
living in the country.  And the electoral code changes put in 
place solid anti-corruption standards in campaigning.  A 
number of these reforms have been languishing for years at 
the National Assembly, and their passage is definitely a 
welcome sign. 
 
¶14. (SBU) We, nonetheless, do not expect additional reforms 
or the lingering 14th CAFTA-DR bill will pass anytime soon, 
especially with election season kicking into full gear in 
October.  These are probably the last major pieces of 
legislation that the Assembly will be able to pass until 
after a new administration is elected in February, 2010. 
Post will continue to work with our contacts to push the 
passage of the 14th CAFTA-DR bill before December 31; 
however, this could prove increasingly difficult if the 
Assembly stalls amidst political campaigning and disputes, as 
most observers expect. 
BRENNAN