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CHAPTER VIII. TRADE AND PROJECT FINANCING A. BANKING SYSTEM Costa Rica's banking system is dominated by three public sector banks which have a monopoly on demand deposits and are the only financial institutions with access to the Central Bank's discount window. This monopoly was granted in 1948 when several private banks were nationalized. The largest commercial bank, Banco Nacional de Costa Rica, has always been public. 1994 saw the failure of the oldest state bank, Banco Anglo Costarricense. The Government of Costa Rica closed the bank after it incurred losses attributable to investments in Venezuelan debt, non-performing loans and possible malfeasance. Legislative and judicial investigations continue in a an effort to determine those responsible for the bank's failure. Over the past twenty-five years, the barriers allowing private sector banks to operate have been eroding and today there are 23 private banks operating in Costa Rica. The private sector banks provide all standard banking services in Costa Rica except for checking and savings accounts. The Legislative Assembly is currently studying whether the private banks should be allowed to offer demand deposits and have access to the Central Bank's rediscount window. Branches of foreign banks are not recognized in Costa Rica and any foreign bank which wants to operate in Costa Rica must incorporate locally complying with all local laws and regulations. The only U.S. bank with a local operation in Costa Rica is Citibank which operates as a local bank (Citibank (Costa Rica), S.A.) and a brokerage company (Citivalores Puesto de Bolsa, S.A.). In November 1994, Bancrecen, a wholly-owned subsidiary of the Mexican bank Bancrecer, began operations in Costa Rica. It has grown rapidly and currently has approximately 40 small offices throughout Costa Rica, with plans for at least 75 offices by the end of 1995. The Central Bank of Costa Rica sets and directs all economic policy that affects the banking sector. The Bank Examiners Office (Auditoria General de Entidades Financieras) of the Central Bank performs the banking oversight function. Banks are not allowed to leverage their balance sheets by more than 11 times their capital. The legal lending limit is 20% of total capital per customer. B. FOREIGN EXCHANGE CONTROLS AFFECTING TRADE In February 1992, the Central Bank of Costa Rica liberalized the exchange rate system. Since then, there have been further modifications to the regulations. As of today, the following are the key provisions of the foreign exchange rate system in Costa Rica: a) Exporters are obligated to sell at least 20 percent of their export proceeds through a Costa Rican bank (public or private sector); and b) Banks which purchases foreign exchange from an exporter must transfer 34 percent of that foreign exchange (the exporter's 20 percent as described above) to the Central Bank. The Central Bank of Costa Rica controls the exchange rate through open market operations with the goal of maintaining stable exchange rates. C. GENERAL FINANCING AVAILABILITY The local market in Costa Rica is characterized by very short- term loans, high interest rates and high spreads between deposit and loan rates. The very high spreads (that help make private financial intermediation the fastest growing sector of the economy) are made possible by the relatively higher inefficiency of public sector commercial banks, the high commercial bank reserve requirements and high inflation -- all of which drive a wedge between deposit and loan rates. Given that the government dominates the banking and financial system, a high portion of funds available in Costa Rica are absorbed directly by the public sector to finance the fiscal deficit. The public and private banks in Costa Rica all pursue trade financing activities including the opening of letters of credit of importers, financing for exporters, and other trade services. D. HOW TO FINANCE EXPORTS/METHODS OF PAYMENT Letters of credit are by far the most common and mutually secure method of payment in international trade. With this term, the U.S. exporter receives payment prior to the importer receiving the goods. For Costa Rica, we strongly recommend this term of payment, especially if the business relationship between the U.S. exporter and the local importer is still developing. Only after a long-term business relationship has been established between the exporter and the importer should a U.S. company consider granting an open account (e.g. payment within 30 days after receipt of goods). Transactions of USD 4,000 or less could be handled through advance payment, bank transference prior to shipment, or sight drafts. In recent years, there has been very little bank credit available for financing exports to Costa Rica because the country defaulted on its bank debt in the early 1980's. However, Costa Rica restructured its debt in 1990 with its successful buy-back arrangement under the Brady plan. Consequently, over the past three years there has been a progressive opening of financing for exporters to Costa Rica for the short term (less than one year) from international banks. For longer tenors, the lenders usually require sovereign risk coverage. The EXIMBANK provides coverage tenor, but only short-term coverage for U.S. exports to public sector entities. All traditional methods of payment for exports are available in Costa Rica, such as letters of credit and direct transfers of funds abroad. E. TYPES OF AVAILABLE EXPORT FINANCING AND INSURANCE Financing of export activities is available to companies with majority Costa Rican ownership from various foreign sources (multilateral banks, etc.), made available for intermediation by private and public commercial banks, through the Central Bank, in local currency as well as dollars. However, due to exchange risks, most borrowers (except for those with significant sources of income in dollars, deutschemarks, etc.) prefer to borrow in local currency which is relatively scarcer and much more expensive than dollar financing. Dollar financing sometimes becomes difficult also because of the reluctance of most lenders to take long-term exposure to the sovereign risk of Costa Rica. Therefore, most of the long-term projects undertaken in Costa Rica by foreign investors have a high equity component and usually have some type of offshore guarantee to cover the risk to the lenders. It is typical for large multinationals to provide parent company guarantees to cover the risk of projects. When such a guarantee is not available, U.S. lenders, if willing to assume the credit risk, will typically request that an organization like OPIC or MIGA provide an insurance policy to cover the sovereign risks (transfer risk, expropriation, and political violence). U.S. Government Export Finance Programs: The Export-Import Bank (EXIMBANK) is the main official U.S. agency involved in providing and encouraging credits to help finance U.S. exports. EXIMBANK engages in direct lending, both to foreign buyers and to intermediate private parties who on-lend to buyers. However, the bulk of EXIMBANK's export-financing is accounted for by loan insurance and loan guarantees. EXIMBANK has no offices in Costa Rica. The U.S. Department of Agriculture (USDA) has made available a regional GSM-102 export credit guarantee program to encourage imports of U.S. farm products. Costa Rica is no longer eligible for PL-480 food aid, and it is hoped the GSM-102 program will enable Costa Rica to bridge over to purchases on normal commercial credit terms. The Central American Bank for Economic Integration (BCIE) in Tegucigalpa has been named as the correspondent bank to administer the $60 million program. Costa Rican importers contract with U.S. exporters, as in any commercial transaction, who in turn pay a fee to USDA for the guarantee that the importer's letter of credit is valid. The U.S. Small Business Administration (SBA) provides financial and business development assistance to encourage and help small business develop export markets. SBA offers both loans and loan guarantees. The U.S. Trade Development Agency (TDA) provides grant loans for pre-feasibility studies overseas on projects with high U.S. product and service export potential. F. PROJECT FINANCING/MULTILATERAL INSTITUTIONS/PROJECTS SUPPORTED Government institutions in Costa Rica obtain funds for their projects from multilateral development banks, such as the Inter- American Development Bank (IDB) and the World Bank. These multilateral development banks finance projects in the areas of energy development, health, education, transportation, sanitation, sewage, agriculture, and private sector development. The procurement procedure requires pre-feasibility studies, environmental impact assessments, and publication of public tenders for foreign competition according to each bank's regulations. U.S. exporters are encouraged to contract with a local representative for successful participation on bids. In addition to IDB and World Bank financing, project financing is available for companies with majority Costa Rican ownership from the banking system, with either the banks' own money or from funds made available by the Central American Bank for Economic Integration (CABEI), the Venezuelan Petroleum Fund (interest paid on loans to buy oil from Venezuela) and other sources. The foreign share of international projects is generally financed abroad, from such sources as U.S. private banks, guaranteed by EXIMBANK, OPIC or MIGA. While financing is available for most activities, preference is given to export industries, especially if the loan is made in dollars and from funds provided by foreign sources. Recent projects include hotels, tourist resorts, fast food franchises, non-traditional export crops, etc. 936 Financing: Through December 31, 1994, 936 funds (monies made available to U.S. investors in CBI countries from tax exemptions enjoyed by U.S. corporations working in Puerto Rico) have financed the development of 37 projects in Costa Rica. 936 loans totalled USD 65,706,000 and supported a total investment of USD 205,517,566 in these 37 projects, which included investments in tourism, textile/apparel production, agroindustry and manufacturing facilities. Inter-American Development Bank: From 1961 to 1993, Costa Rica received approval from the IDB of 90 loans totalling USD 2.143 billion. These funds have been invested primarily in energy, agriculture, fisheries, public health and environmental conservation projects. No new loans were approved in 1994. For all of Costa Rica's historical success in receiving approval of IDB financing, Costa Rica is also the slowest of all the Latin American countries to take advantage of the resources. Consequently, of the 19 loans (totalling $1.228 billion) for Costa Rica which IDB has approved in the last ten years, only $298 million has been disbursed to date. About $90 million was disbursed in 1994 and it is expected that $190 million will be disbursed in 1995. Disbursements generally await the necessary Costa Rican legislative ratification of the loans, which averages 18 months compared to 9 months for other countries. This pattern of delay has resulted in concrete costs to Costa Rica, as evidenced by the April 1994 loss of a USD 41 million loan for a sectoral adjustment program for agriculture because the Legislative Assembly was unable to take required action within 24 months of the approval of the loan. In addition, Costa Rica has to pay fees on the undisbursed portion of approved loans. G. LIST OF BANKS WITH CORRESPONDENT BANKING IN U.S. State-owned commercial banks include: Banco Nacional de Costa Rica, Banco de Costa Rica, Banco Credito Agricola and Banco Internacional de Costa Rica. Private commercial banks include: Banco Interfin, Banco Banex, Banco Cooperativo Costarricenses (Bancoop), Banco de San Jose, Banco de Fomento Agricola, Banco BCT, Banco del Comercio, Banco Mercantil de Costa Rica, Banco Metropolitano, Banco Panamericano, Banco Continental, Banco de Cofisa, Banco Federado de Cooperativas de Ahorro y Credito, Banco Fincomer, Banco Exterior, Banco de la Industria, Banco Lyon, Banco Solidarista Costarricense, Banco de la Union and Banco Citicorp Costa Rica. Bancrecer, a Mexican bank, began operations in Costa Rica under the name Bancrecen in 1994. The Costa Rican banking system also includes a workers' bank (Banco Popular) and a state housing bank (Banco Hipotecario). All commercial banks in Costa Rica have correspondent relationships with major U.S. banks.