The CAFTA Report
Making investments in Costa Rica

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New protections for U.S. Investors

The free trade agreement established a secure, predictable legal framework for U.S. investors operating in the Central American countries, according to a summary by the U.S. Trade Representative.
 
All forms of investment are protected under the agreement, including enterprises, debt, concessions, contracts and intellectual property.

U.S. investors enjoy in almost all circumstances the right to establish, acquire and operate investments in the Central American countries on an equal footing with local investors, and with investors of other countries, unless specifically stated otherwise.

Pursuant to U.S. Trade Promotion Authority, the agreement draws from U.S. legal principles and practices to provide U.S. investors in the Central American countries a basic set of substantive protections that Central American investors currently enjoy under the U.S. legal system.

Among the rights afforded to U.S. investors (consistent with those found in U.S. law) are due process protections and the right to receive a fair market value for property in the event of an expropriation.

Investor rights are backed by an effective, impartial procedure for dispute settlement that is fully transparent. Submissions to dispute panels and panel hearings will be open to the public, and interested parties will have the opportunity to submit their views.



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