week of may 30 to june 05, 2020 - consortium...

del 18 de Marzo del 2020 al 18 de abril del 2020

Week of July 18 to July 24, 2020

Special Report "COVID-19 in Central America" on special measures taken in each country of our region prepared by the multidisciplinary team of Consortium Legal.

The information contained in this publication is for information purposes only and does not constitute legal advice. The information is constantly updated and is subject to change.

Week of July 18 to July 24, 2020

Copyright © 2020 Consortium Legal

GUATEMALA ...............................................................................................................................4

EL SALVADOR ..............................................................................................................................5

HONDURAS .................................................................................................................................6

Government Measures ............................................................................................................6

Labor Measures .......................................................................................................................6

Financial Measures ..................................................................................................................7

NICARAGUA ................................................................................................................................8

Government Measures ............................................................................................................8

COSTA RICA ...............................................................................................................................10

Government Measures ..........................................................................................................10

Labor Measures .....................................................................................................................12

Financial Measures ................................................................................................................14

GUATEMALA

No updates

EL SALVADOR

No updates

HONDURAS

Government Measures

Absolute Curfew is extended throughout Honduras from Sunday, July 19th at 9:00pm until Sunday, July 26th at 11:00pm: 00pm; and to continue with Phase I of the process of intelligent opening except for the Central District, San Pedro Sula, Olancho Choluteca,

Atlántica, Comayagua, Santa Bárbara, Lempira and Colón, authorizing only for opening to supermarkets, pharmacies, banks, corporate, hardware stores, financial system in general, restaurants of the pilotage, authorized markets and the maquiladora sector, who will attend to their clients according to calendar of national circulation as well as for the last digit of their identity card, passport or resident card (foreigners).

Labor Measures

Suspension of employer contributions

Through Decree 83-2020 published in La Gaceta on July 16, 2020, the National Congress reformed Articles 33 and 34 of Decree 33-2020, containing the Law on Aid to the Productive Sector and Workers in the Face of the Effects of the Pandemic caused by the Coronavirus (COVID-19).

With regard to Article 33, this leaves the application of Articles 13, paragraph 2, 30, 53 and 59-A of the Framework Law of the Social Protection System suspended with regard to the provisions related to the financing through the contributions and obligatory worker-employer contributions derived from the Social Security Insurance System referring to the Complementary Pillar of Individual Accounts and the Labor Coverage Insurance System, for a period of six (6) months, starting in March 2020, by virtue of the National Health Emergency and Restriction of Constitutional Guarantees.

As for article 34, the Private Contribution Regime (RAP) is authorized to cease, for a period of six (6) months as from March 2020, the collection of mandatory worker-employer contributions and contributions corresponding to the individual capitalization accounts derived from the Labor Coverage Insurance Regime, in accordance with the attribution granted by the Social Protection System Framework Law.

On the other hand, the companies and workers who have reactivated their normal business operation prior to or during the three (3) months prior to the date of issue of the aforementioned decree may continue in a regular manner with their contributions and payments of the mandatory regimes previously listed in compliance with the Framework Law of the Social Protection System.

Financial Measures

RAP provisions related to the Rediscount Portfolio

The Private Contribution Regime (RAP) has offered its members an extension to the financial relief measures, consisting in the revision of the interest rate by one percentage point to the current rate of the loans discounted as a direct benefit to the end user.

The operation of readjustment of the current mortgage loans will be carried out in compliance with CNBS Circular No. 006/2020, which for affiliates who availed themselves of the extension of payment of the March, April, May and June 2020 quotas, must be incorporated:

• The new interest rate approved for the dues as of July 2020.

• The new term resulting from adding the months to the extension, to the original due date; and

• The new capital balance resulting from the balance at the date of readjustment, plus capitalized interest.

This results in a new installment (equal to or less than the previous one) corresponding to the new payment plan for the member.

Those members with a current loan, who did not take advantage of the relief measure for the extension of the payment of the March, April, May and June quotas, will also enjoy the benefit of the 1 percentage point reduction in the interest rate as from the July 2020 quota, which leads to a reduction in their monthly quotas.

For the new placement of mortgage loans with RAP funds from July 2020, new rates have been established, which will vary according to the development of the emergency.

The e-mail [email protected] has been enabled for consultations, belonging to Iris Estela Torres, Head of Loans.

NICARAGUA

Government Measures

Testing COVID-19 for travel abroad

The Ministry of Health, considering the request of people who are going to travel to other countries and who are required to have the negative COVID-19 test for their entry

into the destination country, has informed that this institution will carry out the test at a cost of US$ 150.00, only in the Complejo Nacional de Salud Dr. Concepción Palacios, Managua.

The test will be conducted from Monday to Saturday at the National Center for Diagnosis and Reference (CNDR), from 8:00 am to 11:00 am, and the results will be delivered between 4:00 pm and 5:00 pm on the day the sample is taken.

The requirements for the test are:

1. Present identification (ID or passport). 2. Carry a ticket or flight itinerary. 3. Present proof of payment, of the deposit made in the Banco de la Producción S.A.

(BANPRO), account in cordobas No. 10010002253784 in the name of: TGR-MINSA or account in dollars No. 10010012253774 in the name of TGR-MINSA or cash payment in the general cashier's office of the Complejo Nacional de Salud Dr. Concepción Palacios.

Requirements for entry to Nicaragua

The Ministry of Health has issued a ministerial resolution related to different measures that will be taken to prevent the spread of COVID-19, these measures will be applied in

all ports of entry in Nicaragua. The measures are as follows:

1. Request that travelers entering Nicaragua must present negative results of the real-time Polymerase Chain Reaction (PCR) test for COVID-19, performed no more than 72 hours prior to entering the country.

2. Foreign travelers (resident or non-resident) who present fever or respiratory symptoms may not enter the country.

3. National travelers who present fever or respiratory symptoms may enter the country but will be placed under house arrest.

4. Travelers who present a negative test result on entry; real time Polymerase Chain Reaction (PCR) for COVID-19 and who do not present any respiratory symptoms, will be

allowed to move freely within the country and will be monitored by health personnel by telephone for a period of fourteen days.

The General Direction of Public Health Surveillance for the implementation and monitoring of this resolution.

COSTA RICA

Government Measures

1. Mandatory use of mask in enclosed spaces

https://www.presidencia.go.cr/comunicados/2020/07/11-534-casos-confirmados-por-covid-19/

In a press conference, the Minister of Health, Mr. Daniel Salas, indicated that it is now obligatory to wear a mask in closed areas or zones such as offices, or any closed site, only places where food is consumed and homes are exempted from this guideline.

2. New measures applicable as of August 1, 2020

https://www.multimedios.cr/nacional/gobierno-anuncia-apertura-gradual-de-vuelos-internacionales

https://www.multimedios.cr/nacional/bancos-ofrecen-financiamiento-cero-intereses-para-la-reactivacion-turistica

At a press conference on July 23, 2020, the President of the Republic indicated that measures will be taken in the tourism sector in order to take gradual steps to revitalize this sector, beginning on August 1, 2020:

Opening of airports:

1. Gradual and safe opening of international flights (approximately 5 flights per week). Flights authorized at the moment are from:

• The European Union.

• The United Kingdom.

• Canada. 2. Costa Rica received on July 21, 2020 the stamp of safe destination, from the World Council

of Travel and Tourism. With this we ensure that the protocols presented by the Ministry of Health have a world class level, which makes national and international tourism safe.

3. Foreign tourists must follow strict protocols for entry into the country, and they must

• Fill out a digital epidemiological form,

• Take a COVID19 test (which must be negative) no later than 48 hours before entering Costa Rica.

• Acquire a travel insurance that covers lodging and medical expenses in case of infection.

4. A very strict protocol, which must be given in both international airports.

• Juan Santamaria







• Daniel Oduber Quirós 5. It is emphasized that this is not an opening of borders but of airports.

Changes in restrictions for cantons on yellow alert

The following measures will be in place from August 1, 2020:

6. The place for visiting the beaches is enabled, which goes from Monday to Sunday from 5:00am to 2:30pm, with the exception that no social bubbles can be mixed.

7. Outdoor tourism activities are allowed, such as hiking, walking, cannopy tours, cable cars, rafting, water recreation, surfing, land recreation; as long as they are done in social bubbles and in compliance with the strict protocols and guidelines of the Ministry of Health.

8. The Ministry of Tourism has created supervisory brigades, which are responsible for monitoring compliance with the protocols, and will be visiting these establishments.

Creation of a programme to support national tourism

1. A joint project with the Costa Rican banking association is presented, the purpose of this program is to encourage national tourism.

2. The name of the project is vamos a turistear por Costa Rica, and the emphasis is precisely to be able to guarantee that there is financial support to be able to do so and also that there are additional benefits.

3. The Costa Rican Banking Association, made up of 14 financial entities (public and private), making a huge effort, is promoting this project by providing the following benefits:

• Zero interest financing for up to 12 months to reactivate tourism for both national and foreign tourists.

• In addition, each financial entity is free to grant specific benefits for their clients, as the case may be.

• These financial entities should also support the campaign with a contribution of $600,000 in advertising and dissemination to be made directly in the media of the banks.

Labor Measures

1. Guidelines

2. Decrees and Resolutions

Executive Decree No. 42482- MOPT-S

Modification of the daytime vehicle restriction is effective until July 31, 2020

https://www.imprentanacional.go.cr/pub/2020/07/18/ALCA185_18_07_2020.pdf

Executive Decree No. 42484-MOPT-S

Modification of the vehicle restriction in a differentiated band until August 1, 2020, except for their respective exceptions.


Executive Decree No. N° 42478-MTSS

Seeks Regulatory Relaxation to Help Employers with Debt in the Face of the DESAF


Executive Decree No. N° 42485-MOPT-S

Obligation to prove or demonstrate the invocation of the exception to the vehicle restriction


Executive Decree No. N° 42478-MTSS

It aims to create provisional measures for employers who are in debt to the DESAF


Ministry of Health Resolution No. MS-DM-6195-2020

Mandatory use of masks https://www.imprentanacional.go.cr/pub/2020/07/18/ALCA185_18_07_2020.pdf

General guidelines for food services to the public due to the health alert

https://www.ministeriodesalud.go.cr/sobre_ministerio/prensa/docs/ls_cs_008_ser

vicios_alimentacion_21072020.pdf



















https://www.ministeriodesalud.go.cr/sobre_ministerio/prensa/docs/ls_cs_008_servicios_alimentacion_21072020.pdf




Temporary closure of all establishments with an operating health permit up to and including Friday 31 July 2020



Ministry of Health Resolution No. MS-DM-RM-5210-2020

Resolves the Ministry of Health to authorize the medical professionals of the company medical office of the Ministry of Justice and Peace to carry out the issuance and notification of the corresponding health order



Persons who are required to wear masks are added to the list


3. President asks the fund to extend the reduction to the minimum contribution base by one more month

https://www.presidencia.go.cr/comunicados/2020/07/presidente-le-solicita-a-la-caja-extender-un-mes-mas-la-rebaja-a-la-base-minima-contributiva/

The President of the Republic, Carlos Alvarado Quesada, requested this Wednesday, July 22, to the board of directors of the Costa Rican Social Security Fund (CCSS) the extension of the reduction of the Minimum Contributive Base (BMC); with the objective of protecting the employment of Costa Ricans during this pandemic and to attend to the costs of the measure, the president made the directors of the Fund see, through the letter DP-P-050-2020

This is the third time that it is requested. On the first occasion it was requested to apply for March, April and May. The second was extended to June. The current extension expires on 31 July.

4. Sanitary lifting order does not require notification

https://www.presidencia.go.cr/comunicados/2020/07/positivos-covid-19-seran-confirmados-por-nexo/

At a press conference today, Health Minister Daniel Salas told employers that no notification or administrative act is required to lift the isolation orders, since they are valid for a period of time,

















and therefore, once that period (14 days of isolation) is over, they are automatically lifted. Workplaces can receive their employees without requiring any document other than the same health order, which proves that it has expired.

However, the hierarchy called on patients and employers to notify health centers if the official who was positive persisted with symptoms, since this would warrant a new health order of isolation.

Financial Measures

Presentation of Exp. No. 22.105. "FINANCIAL Stimulation Law for Sustainable Economic Revival".

Due to the economic situation caused by the COVID-19 pandemic, it has put production conditions and customs in check. Similarly, there has been a debate on the need to shape the relationship between production and the environment, recognizing that growth will not be sustainable in the long term unless it is socially inclusive, ecological and harmonious.

For these purposes, the present bill intends to use the resources of the Development Banking System, Public Banks and other funds for the financing of productive activities that have as their purpose aspects that encourage sustainable development through energy efficiency, waste management, substitution of polluting material, elements of circular economy, among others. It is necessary to create an economic policy that complements the country's needs and its plans in environmental matters.

It proposes adding Chapter V to the Law for Strengthening Small and Medium-Sized Enterprises and its reforms, Law No. 8262, called the "Green Economy Fund", which will include 14 articles on this subject. Likewise, it is proposed to reform the Organic Law of the Popular Bank and Communal Development and the Development Banking System Law.

STATUS: Presented to the Legislative Assembly on Wednesday, July 22, 2020, it does not have an assigned committee.

Implementation of the computerized reporting of omission of information loads by using SICVECA, for Data Class 6 (Capital legitimization) and Data Class 20 (Article 15)

The Superintendent General of Financial Institutions issued Resolution SGF-2462-2020, by which it amended the last paragraph of subparagraph f) (B) of the Guidelines, Resolution SUGEF-R-SGF-1318-2017, of 8 May 2017, to read as follows

“B. Issue guidelines applicable to physical and legal persons registered for carrying out any of the activities described in Article 15 of Act 7786:

[….]

f) In order to comply with Article 21 of the "Rules for Compliance with Act 8204", which stipulates that physical and legal persons required by Article 15 of Act 7786 must report transactions in accordance with the guidelines laid down by SUGEF, the type of information to be submitted is set out

[…]

In accordance with the provisions of Article 21 of the regulations in force, the deadline for sending the above-mentioned files through SICVECA is 20 calendar days after the end of each month".

It also decided to amend section D) as follows:

"D) Repeal the provisions of External Circular SUGEF 004-2009 dated January 27, 2009, External Circular SGF-3646-2015 dated December 23, 2015, and External Circular 12-2006 dated May 31, 2006.

In addition to the above modifications, section E) was added to the Guidelines, Resolution SUGEF-R-SGF-1318-2017, of 8 May 2017, with the following text:

"E) In accordance with the provisions of Article 21 of the Rules for Compliance with Act 8204 (7786), the financial institutions and regulated entities registered with the SUGEF, as required by Article 15 of Act 7786, have a period of 20 calendar days after the end of each month for submission of information files through the System for Capture, Verification and Uploading of Data (SICVECA), for Data Class 6- Legitimation of Capitals and Data Class 20- Article 15 Such reports shall be made under the terms and conditions defined in the SICVECA information manual, published on the SUGEF website.

When no transactions are recorded during the reporting period, the Financial Institutions and Regulated Entities registered with SUGEF as required by Article 15 of Act 7786 must notify this through the SICVECA extranet, which is the only means for submission of the reports of omission. In the case of Financial Entities, the report must be digitally signed by the Compliance Officer or his or her assistant, or whoever has the legal representation. In the case of subjects subject to Article 15, the digital signature shall be applied only by the person having legal representation".

La Circular Externa 012-2006, del 31 de mayo de 2006, dispuso que las entidades financieras que no realizan operaciones en el mes de reporte deben informarlo por escrito a la SUGEF dentro del plazo establecido en el Acuerdo SUGEF 12-10. Por su parte, en el lineamiento f), apartado B), de la Resolución SUGEF -R-SGF-1318-2017, del 8 de mayo de 2017, se dispone que los sujetos obligados inscritos en la SUGEF conforme con el artículo 15 de la Ley 7786, deben remitir los archivos a través del SICVECA, en el plazo de 20 días naturales después del cierre de cada mes, y

cuando no se registren operaciones en el periodo de reporte, los representantes o personas autorizadas ante la SUGEF tendrán que comunicarlo, en el mismo plazo por correo electrónico-

La SUGEF consideró oportuno eliminar lo anterior, y, por tanto, se determinó quitar el envío de correos u oficios, como medio utilizado por las entidades financieras y sujetos obligados para comunicar la no realización de operaciones, en acatamiento de lo dispuesto en el Acuerdo SUGEF 12-10, lineamientos, circulares y manual de información SICVECA.

En este sentido, se desarrolló una solución informática en la Extranet de SICVECA, en la cual se podrá comunicar el no registro de operaciones en el período de reporte, facilitando a las entidades financieras, sujetos obligados, y a la SUGEF, la automatización de los controles sobre el suministro de la información, en la forma y plazos prevenidos. Esta opción será el único medio aceptado para el envío de los reportes de omisión de cargas para la clase INSTITUCIONES DESCENTRALIZADAS BANCO CENTRAL DE COSTA RICA de Datos 6 (Legitimación de Capitales) y Clase de Datos 20 (Artículo 15), los cuales deberán ser firmados y validados contra el “servicio de registro y actualización de roles”.

En la página web de la Superintendencia se conservan los videos explicativos del proceso a seguir (en la clase de datos de Legitimación de Capitales y Artículo 15): https://www.sugef.fi.cr/informacion_relevante/manuales/manual_de_informacion_sicveca.as

Cabe destacar que los cambios efectuados en la Extranet del SICVECA no requieren que las entidades financieras y sujetos obligados realicen ajustes en sus sistemas.

Esta disposición rige a partir del lunes 24 de agosto del 2020.

https://www.sugef.fi.cr/informacion_relevante/manuales/manual_de_informacion_sicveca.as

week of may 30 to june 05, 2020 - consortium...

Documents