Volume IV - Annexes 15-80

INTERNATIONAL COURT OF JUSTICE

DISPUTE CONCERNING THE CONSTRUCTION OF A ROAD IN

COSTA RICA ALONG THE SAN JUAN RIVER

NICARAGUA v. COSTA RICA

REJOINDER OF COSTA RICA

VOLUME IV

ANNEXES 15 - 80

2 FEBRUARY 2015 INTERNATIONAL COURT OF JUSTICE

DISPUTE CONCERNING THE CONSTRUCTION OF A ROAD IN

COSTA RICA ALONG THE SAN JUAN RIVER

NICARAGUA v. COSTA RICA

REJOINDER OF COSTA RICA

VOLUME IV

ANNEXES 15 - 80

2 FEBRUARY 2015 LIST OF ANNEXES

VOLUME IV

Annex Document Page
No. No.

National Legislation

15. Costa Rica, Executive Decree No. 24715-MOPT-MEIC-S, 1
6 October 1995, published in the Official Gazette number 207,

1 November 1995

Diplomatic Correspondence

16. Note from the Minister of Foreign Affairs and Worship of Costa 5
Rica to the Minister of Foreign Affairs of Nicaragua, Reference
DM-543-09, 27 July 2009

17. Note from the Acting Minister of Foreign Affairs and Worship of 11
Costa Rica, to theActing Minister of ForeignAffairs of Nicaragua,
Reference DVM-176-09, 21August 2009

18. Note from the Minister of Foreign Affairs and Worship of Costa 15
Rica to the Minister of Foreign Affairs of Nicaragua, Reference

DM-674-09, 7 September 2009

19. Note from the Acting Minister of Foreign Affairs and Worship of 19
Costa Rica to the Acting Minister of Foreign Affairs of Nicaragua,
Reference DM-264-11, 27April 2011

20. Note from the Minister of Foreign Affairs and Worship of Costa 25

Rica to the Minister of Foreign Affairs of Nicaragua, Reference
DM-AM-161-13, 20 March 2013

21. Note from the Minister of Foreign Affairs and Worship of Costa 31
Rica to the Minister of Foreign Affairs of Nicaragua, Reference
DM-AM-269-13, 21 May 2013

22. Note from the Permanent Representative of Costa Rica to the 35
United Nations-Geneva to the Secretary General of the Ramsar
Convention, Reference MPCR-ONUG/2014-324, 17 July 2013

iii 23. Note from the Acting Minister of Foreign Affairs and Worship 39
of Costa Rica to the Minister of Foreign Affairs of Nicaragua,
Reference DM-D VM-550-2013, 24 September 2013

24. Note from the Agent of Nicaragua to the Registrar of the 43

International Court of Justice, Request for Provisional Measures,
HOL-EMB-196, 11 October 2013

25. Note from the Permanent Representative of Costa Rica to the 51
United Nations-Geneva to the Secretary General of the Ramsar
Convention, Reference MPCR-ONUG/2013/534, 25 November

2013

26. Note from the Secretary General of the Ramsar Convention to the 57
Permanent Representative of Costa Rica to the United Nations-
Geneva, 29 November 2013

27. Note from the Minister of Foreign Affairs of Nicaragua to the 63

Minister of Foreign Affairs and Worship of Costa Rica, Reference
DM-AM-685-13, 10 December 2013

28. Note from the Permanent Representative of Costa Rica to the 69
United Nations-Geneva to the Secretary General of the Ramsar
Convention, Reference MPCR-ONUG-2014-190, 26 March 2014

29. Note from the Secretary General of the Ramsar Convention to the 73
Permanent Representative of Costa Rica to the United Nations-
Geneva, Reference SG2014-103/CHB/MAR, 7 May 2014

30. Note from the Permanent Representative of Costa Rica to the 81
United Nations-Geneva to the Secretary General of the Ramsar
Convention, Reference MPCR-ONUG/2014/407, 18 June 2014

31. Note from the Minister of Foreign Affairs and Worship of Costa 93
Rica to the Minister of Foreign Affairs of Nicaragua, Reference
DM-AM-0334-14, 11 July 2014

32. Note from the Acting Minister of Foreign Affairs and Worship 99
of Costa Rica to the Minister of Foreign Affairs of Nicaragua,

Reference DM-AM-348-14, 17 July 2014

iv33. Note from the Minister of Foreign andWorship of Costa Rica to the 103
Minister of Foreign Affairs of Nicaragua, Reference DM-0373-14,
24 July 2014

34. Note from the Minister of Foreign Affairs of Nicaragua to the 109

Minister of Foreign Affairs and Worship of Costa Rica, Reference
MRE/DM/336/8/14, 4August 2014

35. Note from the Secretary General of the Ramsar Convention 115
to the Deputy Permanent Representative of Costa Rica to the
United Nations-Geneva, Reference SG2014-229-CHB-MAR,

18August 2014

36. Note from the Minister of Foreign Affairs of Nicaragua to the 119
Minister of Foreign Affairs and Worship of Costa Rica, Reference
MRE/DM-AJ/414/09/19, 19 September 2014

37. Note from the Minister of Foreign Affairs and Worship of Costa 127

Rica to the Minister of Foreign Affairs of Nicaragua, Reference
DM-AM-574-14, 22 September 2014

38. NotefromtheAgentofNicaraguatotheRegistraroftheInternational 135
Court of Justice, Reference HOL-EMB-124, 23 September 2014

39. Note from the Co-Agent of Costa Rica to the Registrar of 141

the International Court of Justice, reference ECRPB-103-14,
25 September 2014

40. Note from the Minister of Foreign Affairs and Worship of Costa 153
Rica to the Minister of Foreign Affairs of Nicaragua, Reference
DM-AM-0639-10-14, 21 October 2014

41. Note from the Minister of Foreign Affairs of Nicaragua to the 157

Minister of Foreign Affairs and Worship of Costa Rica, Reference
MRE/DM/AJ/439/10/14, 27 October 2014

42. Note from the Acting Minister of Foreign Affairs and Worship 161
of Costa Rica to the Minister of Foreign Affairs of Nicaragua,
Reference DM-AM-0672-14, 28 October 2014

43. Note from the Minister of Foreign Affairs of Nicaragua to the 165
Minister of Foreign Affairs and Worship of Costa Rica, Reference
MRE/DM-AJ/448/11/14, 3 November 2014

v 44. Note from the Minister of Foreign Affairs of Nicaragua to the 173
Secretary General of the Ramsar Convention, Reference MRE/
DM-AJ/449/11/14, 3 November 2014

45. Note from the Minister of Foreign Affairs and Worship of Costa 177

Rica to the Minister of Foreign Affairs of Nicaragua, Reference
DM-AM-0697-14, 5 November 2014

46. Note from the Minister of Foreign Affairs and Worship of Costa 183
Rica to the Secretary General of the Ramsar Convention, Reference
DM-AM-0706-14, 6 November 2014

47. Note from the Minister of Foreign Affairs and Worship of Costa 199
Rica to the Minister of Foreign Affairs of Nicaragua, Reference
DM-AM-0707-14, 7 November 2014

48. Note from the Co-Agent of Costa Rica to the Registrar of the 205
International Court of Justice, Reference ECRPB-112-14,

10 November 2014

49. Note from the Minister of Foreign Affairs of Nicaragua to the 231
Minister of Foreign Affairs and Worship of Costa Rica, Reference
MRE/DM/DGAJST/456/11/14, 11 November 2014

50. Note from the Minister of Foreign Affairs and Worship of Costa 235

Rica to the Minister of Foreign Affairs of Nicaragua, Reference
DM-AM-718-14, 14 November 2014

51. Note from the Minister of Foreign Affairs of Nicaragua to the 241
Minister of Foreign Affairs and Worship of Costa Rica, Reference
MRE/DM/677/12/14, 2 December 2014

52. Note from the Minister of Foreign Affairs and Worship of Costa 247

Rica to the Minister of Foreign Affairs of Nicaragua, Reference
DM-AM-774-11-14, 2 December 2014

53. Note from the Acting Minister of Foreign Affairs and Worship 253
of Costa Rica to the Minister of Foreign Affairs of Nicaragua,
Reference DM-AM-789, 4 December 2014

54. Note from the Minister of Foreign Affairs of Nicaragua to the 259
Minister of Foreign Affairs and Worship of Costa Rica, Reference
MRE/DM-AJ/478/12/14, 5 December 2014

vi55. Note from the Minister of Foreign Affairs and Worship of Costa 265
Rica to the Minister of Foreign Affairs of Nicaragua, Reference
DM-AM-0818-14, 12 December 2014

56. Note from the Minister of Foreign Affairs of Nicaragua to the 273

Minister of Foreign Affairs and Worship of Costa Rica, Reference
MRE/DM-AJ/482/12/14, 15 December 2014

57. Note from the Acting Minister of Foreign Affairs and Worship 281
of Costa Rica to the Minister of Foreign Affairs of Nicaragua,
Reference DM-AM-0826-14, 16 December 2014

58. Note from the Minister of Foreign Affairs and Worship of Costa 287
Rica to the Minister of Foreign Affairs of Nicaragua, Reference
DM-AM-0832-14, 18 December 2014

Minutes

59. Press Release of 26 October 1976 and Minutes of the Meeting of 293

Liberia of 25 January 1977, in: Ministry of Foreign Affairs and
Worship of Costa Rica referring to the initiation of discussions of a
maritime boundary in the Pacific Ocean,Annual Report 1976-1977,
Vol. I, pp. 156-160

60. Minutes of the First Meeting of the Sub-Commission on Limits and 299

Cartography of 7 November 2002

61. National System of Conservation Areas, Tortuguero Conservation 307
Area, Log of the meeting held on the premises of the Nicaraguan
army post in the Delta to notify the entry by the San Juan River in
order to navigate to the disputed area declared by the International
Court of Justice, 17 December 2014

Affidavits

62. Affidavit of Mr.Victor JulioVargas Hernandez, recorded by Notary 315
Public, Mr. Gustavo Arguello Hidalgo, Deed no. 177-9, 17 July
2014

vii 63. Affidavit of Mr. William Vargas Jimenez, recorded by Notary 321
Public, Mr. Gustavo Arguello Hidalgo, Deed no. 178-9, 21 July
2014

64. Affidavit of Ms. Mayela Vargas Arce, recorded by Notary Public, 327
Mr. GustavoArguello Hidalgo, Deed no. 179-9, 21 July 2014

65. Affidavit of Ms. Gabriela Vanessa Lopez Gomez, recorded by 333
Notary Public, Mr. Gustavo Arguello Hidalgo, Deed no. 189-9,

21 July 2014

66. Affidavit of Mr. Claudio Arce Rojas, recorded by Notary Public, 339
Mr. GustavoArguello Hidalgo, Deed no. 181-9, 21 July 2014

67. Affidavit of Mr. Ruben Francisco Valerio Arroyo, recorded by 345
Notary Public, Mr. Gustavo Arguello Hidalgo, Deed no. 194-9,

9 October 2014

Media Reports

68. La Na ción (Costa Rica), ‘Costa Ricans denounce mistreatment 351
and detentions in the northern border’, 3 August 2014, available at
http://www.nacion.com/nacional/gobierno/Caos-frontera-provoca-

detenciones-costarricenses_0_1430656995.html

69. La Nacion (Costa Rica), ‘He demanded that I pull down my pants’, 359
3 August 2014, available at http://www.nacion.com/nacional/
gobierno/exigio-bajara-pantalones_0_1430657010.html

Other Documents

70. Department of Transit Engineering, Ministry of Public Works 365
and Transportation, Costa Rica, Authorization of Routes for the
Transport of Hazardous Materials, 1995

71. Note from the Chief of Post, Police Delegation of Sarapiquí, Costa 403

Rica, to the Regional Director of the Fourth Region-Heredia,
Reference 1571-2010-DPS, 27 September 2010

72. Manuel Coronel Kautz, Vice-Minister of Foreign Affairs of 411
Nicaragua and Designated Chairman of the Canal Authority of
Nicaragua. Grand Canal of Nicaragua Project, June 2012.

viii73. Ministry of ForeignAffairs and Worship of Costa Rica, New works 421
in the Northeastern Caribbean Wetland. Report to the Executive
Secretariat of the Ramsar Convention on Wetlands, July 2013.

74. Report by the Director General of the Organization for the 447

Prohibition of Chemical Weapons on the Status of Implementation
of Article VII of the Chemical Weapons Convention as at 31 July
2014;Additional Measures for States Parties that possess industrial
Facilities which are declarable under the Convention. Reference
EC-77.7, C-19/DG.8, 13 May 2014

75. Report by the Director General of the Organization for the 465
Prohibition of Chemical Weapons on the Status of Implementation
of Article VII of the Chemical Weapons Convention as at 31 July
2014: Article VII- Initial Measures, Reference EC-77/DG.6, C-19/
DG.7, 13 May 2014.

76. Note from the Chief Engineer of the Department of Studies and 485
Designs of the Consejo Nacional de Vialidad (CONAVI) to the
Chief of the Department of Weights and Dimensions and to the
Director General of the Transit Police of Costa Rica, Reference
DGIT-ED-4697-2014, 11 June 2014

77. Internal Communication of the Costa Rican General Department 491
of Transit Engineering of the Ministry of Public Works and
Transportation, regarding the Authorization of Routes for the
Transport of Hazardous Materials, June 2014

78. Secretariat of the Ramsar Convention, Ramsar Advisory Mission 501
No. 77 Report,Wetland of International Importance Caribe Noreste,

Costa Rica,August 2014.

79. Instituto Costarricense de Electricidad, Colorado River, Gauging 525
Station 1104,Average daily flow table, 2010-2014

Photographs

80. Photographs of sediment deposit sites in Nicaraguan territory 531

ix ANNEX 15

Costa Rica, Executive DecreeNo. 24715-MOPT-MEIC-S, 6 October 1995,

published in the Official Gazette number 207

1 November 1995

English translation of relevant articles

12 Annex 15

Regulations for the Ground Transportation of

Hazardous Materials

1 November, 1995

NO. 24715-MOPT-MEIC-S

THE PRESIDENT OF THE REPUBLIC AND THE MINISTERS OF PUBLIC WORKS AND
TRANSPORT, ECONOMY, INDUSTRY AND TRADE, AND HEALTH

In the exercise of the powers conferred by article 140, subparagraph 3) and 18) of the
Political Constitution; and based on the provisions of the Law of Creation of the
Ministry of Public Works and Transport, No. 4786 of 5 July 1971 and its amendments;

the Road Administration Law, No. 6324 of 24 May 1979; Article 101 of the Law of
Transit on Public Roads, No. 7331 of 13 April 1993; the Organic Law of the Ministry of
the Economy, Industry and Commerce, No. 6054 of 17 June 1977; the Law of
Measurement Units, No. 5292 of 9 August 1973; the Organic Law of the Ministry of
Health, No. 5412 of 8 November 1973; the General Health Law, No. 5395 of 30
October 1973; and Article 27 of the General Public Administration Law, No. 6227 of 2
May 1978.

Considering:

1st.- That with the construction and improvement of public transport roads, whether
highways, streets or roads, there has been a parallel increase in the mobilization,
transfer and transport of the inhabitants of the Republic.

2nd.- That, in addition, there has been notable commercial exchange and the use of
these public roads for the transport of all kinds of goods and products, from and to any
point in the national territory and, even beyond our borders.

3rd.- That it has be en proven that there are a series of products and materials that,
due to their intrinsic nature and fundamental properties, require a specific regulation

so that they can be moved and transported on public roads in strict observance of
technical and legal standards that enable the effective protection of the environment
and the safety of pedestrians, users and drivers who travel on such public roads.

4th.- That the jurisdiction of the Ministry of Public Works and Transport includes
regulating all matter s relating to the transit of vehicles and the transport of persons
and goods on the country’s public roads, as well as aspects derived from road safety

and prevention of pollution caused by motor vehicles.

5th.- That said Ministry is responsible, through the competent administrative units, for
the study of the problems of vehicle transit, the environmental and social impacts and
the implementation of technical measures necessary for the control, monitoring and
optimum regulation of all transit operationsin the country.

6th.- That with the entrance into effect of the Law on Transit of...

3Annex 15

SECTION III
Routes and itinerary

Article 39.- The General Department of Transit Engineering of the Ministry of Public
Works and Transport will implement specific routes that shall be used by vehicles
carrying hazardous materials, as well as special signs that will be determined for their

proper identification.

Article 40.-Any vehicle transporting dangerous materials must abide in its journey to
the routes established for this purpose, trying to avoid the use of densely populated

roads, or those close to forest or ecological reserves or urban centres.

Article 41. -The shipper shall report annually to the General Department of Traffic
Engineering the flow of transportation of dangerous materials that are shipped

regularly, specifying:
(a) Classes of transported goods and the quantities transported;
(b) Points of origin and destination.
This information shall be available at all times to the organs and entities responsible

for the protection of the environment and of the authorities with jurisdiction over
public roads.

Article 42.- The General Department of Traffic Engineering, in collaboration with public
or private entities, shall determine, periodically or when deemed necessary, the
technical criteria of the selection of products, for which additional information will be
requested, such as frequency of shipments, forms of packaging and route, main routes

to be used, characteristics of the product, prior to issuing the corresponding
authorization.

Article 43.- The General Department of Traffic Engineering may establish restrictions

on the use of roads along their entire length or in some sections; in the latter case it
shall indicate the restricted stretches or sections, and may also establish areas with
restrictions on parking, loading and unloading.

Article 44.- In the case of orig in or destination of a dangerous product, the use of a
restricted road shall be demanded, which the carrier shall check with the authority with
jurisdiction over the road, if thus requested.

Article 45.-The route should be programmed so as to avoid the presence of the vehicle
transporting the dangerous material on roads with a high flow of traffic and during
peak hours.

Executive Decree : 24715 of 06/10/1995

Regulations for the Ground Transportation of Hazardous Materials

General informatin:

Valid since: 01/11/1995

Last version from: 4 de 4 del 04/02/2010

Publication data:

Gaceta N°: 207 of: 01/11/1995

4 ANNEX 16

Note from the Minister of Foreign Affairs and Worship of Costa Rica to the
Minister of Foreign Affairs of Nicaragua

Reference DM-543-09

27 July 2009

English Translation and Spanish Original

56 Annex 16

The Minister of Foreign Affairsand Worship

27 July 2009

DM-543-09
His Excellency
Samuel Santos López
Minister of Foreign Affairs

Republic of Nicaragua

Your Excellency,

I am pleased to greet you in order to refer to the Judgment of the International Court of
Justice issued on 13 July in the case concerning the Dispute Regarding Navigational
and Related Rights (Costa Rica v. Nicaragua).

Firstly, I would like to express the satisfaction of the Government of Costa Rica with
the fact that b y means of peaceful settlement of disputes, and particularly through the

highest court of the judicial system of the United Nations, Costa Rica and Nicaragua
have managed to resolve and leave behind an issue that for some years complicated
their bilateral relationship. My Government is certain that through this historic ruling
Costa Rica and Nicaragua have not only set an example for the world, but have also laid

the basis to build a new relationship of neighbourliness and brotherhood, characterized
by greater harmony that will result in benefits for our peoples. In this regard, the
Government of Costa Rica endorses the words of President Daniel Ortega Saavedra
when he expressed to the media that with this judgment "the Costa Rican brothers won

and the Nicaraguans won".

This is an adequate occasion to inform you that the Ministry of Foreign Affairs of Costa
Rica is in the process of coordinating with the other institutions of the State the
protocols for the implementation of the contents of the Judgment. As a first step in the
process of compliance with the Judgment, however, my Government has been informed

that the Nicaraguan military authorities continue making charges to Costa Rican vessels
and their passengers transiting on the San Juan River, in the portion where Costa Rica
enjoys the right to free navigation.

In this regard, it is worth noting that the Court indicated the following:

"148 [...] It should be recalled that when the Court has found that the conduct
of a State is of a wrongful nature, and in the event that this conduct persists on
the date of the judgment, the State concerned is obliged to cease it immediately.

"This obligation to cease wrongful conduct derives both from the general
obligation of each State to conduct itself in accordance w ith International law
and from the specific obligation upon States parties to disputes before the Court
to comply with its judgments, pursuant to Article 59 of its Statue [...]"

Consequently, my Government requires the Illustrious Government of the Republic of
Nicaragua that these charges cease immediately, in accordance with that established by
the International Court of Justice.

Please accept, Your Excellency, the assurances of my highest consideration.

Bruno Stagno Ugarte
Minister of Foreign Affairs

7Annex 16

8Annex 16

910 ANNEX 17

Note from the Acting Minister of Foreign Affairs and Worship of Costa
Rica, to the Acting Minister of Foreign Affairs of Nicaragua

Reference DVM-176-09

21 August 2009

English Translation and Spanish Original

1112 Annex 17

The Vice-Minister of Foreign Affairsand Worship

San José, 21 August 2009
DVM-176-09

Your Excellency,

I am pleased to address you with reference to the Judgment of the International Court of Justice
issued on 13 July in the case concerning the Dispute Regarding Navigational and Related Rights

(Costa Rica v. Nicaragua).

The Republic of Costa Rica wishe oshtave a full normalization of the relations between the two
countries. To this end, it is essential that both countries implement, as soon as possible, that set
forth by the International Court of Justice.

The Minister of Foreign Affairs, Mr. Bruno Stagno, sent a note to the Minister of Foreign Affairs,
Mr. Samuel Santos, dated 27 July 2009, regarding the existence of charges to Costa Rican
vessels and passengers on the San Juan River, where Costa Rica has a right to free navigation.
My Government has not yet received a formal and satisfactory response to said note.

In addition, we have been informed that the Nicaraguan authorities continue implementing the
charges to Costa Rican vessels transiting on the river. As evidence of this fact,tIchved a
copy of several receipts issued by said authorities.

More than one month has passed since the International Court of Justice issued its Judgment
declaring such charges contrary to the international obligations of the Republic of Nicaragua.

Since these charges do not cease, in violation to that set forth by the Court, my Government
emphatically protests against these events, and urges the Government of the Republic of
Nicaragua to immediately cease such behaviour, in compliance with that ordered by the Court.

Please accept, Your Excellency, the assurances of my highest consideration.

Edgar UgaldeAlvarez

HisExcellency

Manuel Coronel
ActingMinister of Foreign Affairs
Republic of Nicaragua

13Annex 17

14 ANNEX 18

Note from the Minister of Foreign Affairs and Worship of Costa Rica to the
Minister of Foreign Affairs of Nicaragua

Reference DM-674-09

7 September 2009

English Translation and Spanish Original

1516 Annex 18

The Minister of Foreign Affairsand Worship

San Jose, 7 September 2009
DM-674-09

His Excellency
Samuel Santos López
Minister of Foreign Affairs

Republic of Nicaragua

Your Excellency,

I am writing once again with reference to the Judgment of the International Court of Justice of 13

July in the Dispute Regarding Navigational and Related Rights (Costa Rica v. Nicaragua).

To date the Government of Costa Rica has sent two notes to the Illustrious Government of
Nicaragua showing that the latter has not complied yet with the ruling of the International Court
of Justice. On 27 July of the current year I sent to Your Excellency note number DM-543-09,

and on 21 August the Vice-Minister of Foreign Affairs, Ambassador Edgar Ugalde, sent to Vice -
Minister Manuel Coronel the note DVM -176-09, even enclosing a copy of receipts for the fees
that immigration authorities still require of persons who navigate the San Juan River on Costa

Rican vessels, thus contravening the Judgment of the International Court of Justice.
Unfortunately, to date my Government has received no response to either of these notes.

Regarding this situation, we noted that in the Nicaraguan newspaper El Nuevo Diario in the
edition of 31 August, in a note titled “Disregard of The Hague” you are cited saying that “they

(the Costa Rican Ministr y of Foreign Affairs) are wrong. Nicaragua is complying with the
Judgment of The Hague. I already sent a note and do not want to start bickering,” while in the
01 September edition of the same newspaper another article was published entitled “They deny

disregard of The Hague,” which quotes Vice-Minister Manuel Coronel saying “we have not
received any claim from the Government of Costa Rica regarding the immigration fees to Costa
Rican citizens for navigation on the San Juan River, contrary to that indicated by the Minister

Samuel Santos, that Nicaragua had already replied to the Government of Costa Rica.”

The Government of Costa Rica regrets not only that the Illustrious Government of Nicaragua has
not provided an official response to the aforementioned notes, but also that said country's press
publishes false and contradictory positions of the top authorities of the Nicaraguan Ministry of

Foreign Affairs. Precisely, "bickering" is avoided by means of official communication through
the usual diplomatic means. Consequently, my Government urges the Illustrious Government of
Nicaragua to provide a prompt response and to abide by that recorded in notes DM-543-09 of 27

July and DVM-176-09 of 21 August so that both countries can move forward in building a new
relationship of fraternity, based on the recent ruling of the International Court of Justice.

Please accept the assurances of my highest consideration.

Bruno Stagno Ugarte

Minister

17Annex 18

18 ANNEX 19

Note from the Acting Minister of Foreign Affairs and Worship of Costa
Rica to the Acting Minister of Foreign Affairs of Nicaragua

Reference DM-264-11

27 April 2011

English Translation and Spanish Original

1920 Annex 19

The Minister of Foreign Affairsand Worship

San Jose, 27 April 2011
DM-264-11

Honourable Vice-Minister:

I am writing in response to your note MRE/DVM/AJST/118/0411 of 7 April of the current
year, which refers to a note submitted by the Regional Director of Health Services of the
Huetar Norte Region of the Caja Costarricense de Seguro Social(Costa Rican Social Security),

whereby it informs Mr. Harold Rivas, Nicaraguan Ambassador in Costa Rica, of a vaccination
programme aimed at the inhabitants of the northern part of the country, particularly the coastal
communities of Boca Cureña and Chorreras. Access to these communities requires navigation
on the San Juan River given that there is no other expeditious access by land.

In this regard, I would like to remind the Illustrious Government of Nicaragua that in
paragraph 156 (b) of the Judgment of 13 July 2009, the International Court of Justice
determined that "Costa Rica has the right of navigation on the San Juan River with official
vessels used solely, in specific situations, to provide essential services for the inhabitants of the
riparian areas where expeditious transportation is a condition for meeting the inhabitants’

requirements.”

In conformity with that established by the International Court of Justice, Costa Rica does not
require to ask Nicaragua for permission so that its official vessels use the San Juan River for a
vaccination campaign of the communities on the banks of the river, especially when said

navigation on the river is an essential condition for access to said communities, as is the case.
Alternatively, in the event that the officials in charge of vaccination navigate in private
commercial vessels, Nicaragua’s authorization is not required either, as long as there is a
payment involved, in accordance with the general principle of Costa Rican navigation on the
San Juan River established in the same Judgment.

Based on the foregoing, and despite the note sent by the Regional Director of Health Services
of the Huetar Norte Region, who is evidently not aware of the scope of the legal regime that
governs the Costa Rican navigation rights on the San Juan River -and certainly lacks the
investiture to compromise the country’s legal position- the authorization of the Government of

Nicaragua is not required for these officials to navigate on the San Juan River in order to visit
the Costa Rican border communities to carry out the referred vaccination programme, that
incidentally, will also benefit many Nicaraguan citizens who comprise a large portion of that
population. It is also worth noting that that this vaccination program falls within the context of
the “Agreement on Health Collaboration between the Government of the Republic of Costa

Rica and the Government of the Republic of Nicaragua, through their Ministries of Health, to
strengthen the health actions in border communities," signed by both countries on 3 December
2009 in San José.

21Annex 19

Regarding the reference to Decree 79-2009 contained in your note, may I also remind Your

Excellency that the Government of Costa Rica, through note DM-AM-816-09 of 20 November
2009, had already formalized its protest to this Decree, for being both contrary to that ordered
by the International Court of Justice in its Judgment of 13 July 2009, as well as to that set forth
by the Cañas–Jerez Treaty of 1858, by the Cleveland Award of 1888 and by the Fournier-
Sevilla Agreement of 1956. To date the Government of Nicaragua not has adequately refuted

the legal grounds contained in the annex to note DM-AM-816-09, that support the reasons why
the Decree lacks any validity. In any case, the Government of Costa Rica rejects any legal
value it might be intended to give to your note MRE/DVM/AJST/118/0411 of 7 April 2011.

Please accept, Vice-Minister, the assurances of my highest consideration.

Carlos Roverssi Rojas
Acting Minister

His Excellency
Manuel Coronel Kautz
Vice-Minister of Foreign Affairs
Republic of Nicaragua

22Annex 19

23Annex 19

24 ANNEX 20

Note from the Minister of Foreign Affairs and Worship of Costa Rica to the
Minister of Foreign Affairs of Nicaragua

Reference DM-AM-161-13

20 March 2013

English Translation and Spanish Original

2526 Annex 20

TRANSLATION

The Minister of Foreign Affairs and Worship

20 March 2013

Ref. DM-AM-161-13

Dear Minister,

I refer to the notes sent by you, and which my country received on 5 March 2013,

with reference numbers MRE/DM-AJ/127-03-13, MRE/DM-AJ/128-03-13, and
MRE/DM-AJ/129-03-13.

With respect to the first note, Costa Rica regrets that Nicaragua has failed to comply
with the Order of the International Court of Justice of 8 March 2011, but rather

conceals its involvement, direction and control over the presence of Nicaraguan
citizens in the area indicated by the Court, despite the abundant evidence of these
facts, including the manifestations by authorities of your Government which accept its
participation vis-à-vis the presence of these citizens in the said area.

Moreover, it is so clear and obvious that your Government has participated in these
violations of the Court’s Orde r that press reports have recently confirmed what we
already know, namely that the presence of Nicaraguans in the said area is organised
and financed by the Government of Nicaragua. In this regard, both El 19 Digital and
Prensa Latina reported on 17 March 2013 the following: “Through the organisation of

Guardabarranco, and backed by the Sandinista Government, more than six thousand
300 youths from all over Nicaragua, in groups of 25 per week, have progressed
through a learning process in both theory and practice by travelling to this significant
waterway bordering Costa Rica.” And, furthermore, both press outlets also noted that:
“This includes two days in the classroom, increasing [their] knowledge, and eight

days in Harbour Head Island ( sic), located in the expanded waterway south of
Nicaragua.”

With regard to your second note, Costa Rica has taken particular care to comply with
the Order of the International Court of Justice, which permits Costa Rican personnel

for the protection of the environment to be sent to the area indicated by the Court.
This was done in consultation with the Secretariat of the Ramsar Convention, and
with prior notice to your country and the International Court of Justice. Similarly,
Costa Rica has acted with the greatest willingness to achieve the most cooperation
possible with Nicaragua, but your country refuses to cooperate with Costa Rica. This
is evident from the aforementioned violations of the provisional measures indicated

by the Court.

27Annex 20

In relation to your third note, which concerns the proceedings that your country
initiated before the International Court of Justice about the construction of a road on

Costa Rica territory, my Government regrets the lack of willingness and readiness of
Nicaragua to allow sampling of the San Juan River in order to establish with sound
scientific criteria the true state of the waters of the River. Despite this attitude, Costa
Rica has made a new request to your country, through the intermediary of the
International Court of Justice, in order that the said monitoring can be jointly
undertaken. It is hoped that on this occasion your Government will be willing to

cooperate if it really is the case that Nicaragua wishes to protect the environment of
the San Juan River.

Moreover, Costa Rica strongly rejects the position of Nicaragua not to recognise the
scope of the Judgment of the International Court of Justice of 13 July 2009,

concerning the right of Costa Rica to navigate the San Juan River. The navigation of
Costa Rican technicians, referred to in my note DM-AM-063-13 of 6 February 2013,
is in essence navigation for commercial purposes, as a private boat is paid in
exchange for the service of transporting the length of the river along which Costa
Rica has a right of navigation. Costa Rica reserves its right to exercise its right of

navigation in accordance with the terms provided by the International Court of
Justice.

I take this opportunity to reiterate the assurances of my highest consideration.

Enrique Castillo Barrantes

His Excellency

Samuel Santos López
Minister of Foreign Relations
Republic of Nicaragua

28Annex 20

29Annex 20

30 ANNEX 21

Note from the Minister of Foreign Affairs and Worship of Costa Rica to the
Minister of Foreign Affairs of Nicaragua

Reference DM-AM-269-13

21 May 2013

English Translation and Spanish Original

3132 Annex 21

The Minister of Foreign Affairs and Worship

21 May 2013
DM-AM-269-13

Honourable Minister:

I hereby refer to note MRE/DM-VM/AJST/273/5/13, dated May 13, 2013, signed by
Orlando Gómez Zamora, Vice-Minister of Foreign Affairs, whereby the Government of
Nicaragua communicated to Costa Rica its decision notto build the inter-oceanic canal

through San Juan River.

The Government of the Republic of Costa Rica expresses its gratitude for the
aforementioned communication and takes cognizance of the Nicaraguan decision.

Furthermore, considering that Nicaragua will continue taking steps for the construction
of the Inter-Oceanic Canal in another area of the Nicaraguan territory, Costa Rica would
like to be informed if Nicaragua plans to perform works on Lake Nicaragua or on any
sector of the San Juan River which may affect said river’s current volume of flow, as

this could impinge on Costa Rica’s navigation rights and on Costa Rican territory as
well, including its national bodies of water.

We would also appreciate if you could communicate to us any other decision regarding
reconsideration of the Canal through the San Juan River.

As you are aware, Costa Rica does not oppose to infrastructure works which the
Government of Nicaragua, in the exercise of its sovereignty, decides to perform in its
territory, but it calls to mind that said works must be performed respecting the sovereign

rights of the Republic of Costa Rica, in conformity with that set forth in the
international instruments that govern relations between both countries.

Please receive assurances of my highest consideration.

(Signed and stamped)
Enrique Castillo Barrantes

Honourable Samuel Santos López
Minister of Foreign Affairs
Republic of Nicaragua

33Annex 21

34 ANNEX 22

Note from the Permanent Representative of Costa Rica to the United
Nations-Geneva to the SecretaryGeneral of the Ramsar Convention

Reference MPCR-ONUG/2014-324

17 July 2013

English Translation and Spanish Original

3536 Annex 22

Permanent Mission of Costa Rica in Geneva

REF. MPCR-ONUG/2013-324

14.1

Geneva 19 July 2013

Honourable Secretary General,

I am hereby submitting the report prepared by the Government of Costa Rica especially for the

Executive Secretariat of the Conventionon Wetlands entitled “New Works in the Northeast
Caribbean Wetland,” which includes four annexes:

-Annex 1: Executive Decree No. 36440-MP

-Annex 2: RES 2445-2011 SETENA authorizing Fátima-Delta electric line

-Annex 3: Note from ICE to CNE requesting authorization for beginning of works of the Isla
Calero Technological Project

-Annex 4: ACTO permit to cut trees for works

Please accept, Secretary General, the assurances of my highest consideration.

Manuel B. Dengo
Ambassador

Permanent Representative

Mr. Anada Tiega
Secretary General

Ramsar Convention on Wetlands
Gland

37Annex 22

38 ANNEX 23

Note from the Acting Minister of Foreign Affairs and Worship of
Costa Rica to the Minister of Foreign Affairs of Nicaragua

Reference DM-D VM-550-2013

24 September 2013

English Translation and Spanish Original

3940 Annex 23

The Acting Minister of Foreign Affairs and Worship

San José, 24 September 2013

DM-D VM-550-2013

Honourable Minister:

I am addressing you with regard to your note MRE/DM/521/09/13, dated 18 September 2013.

It is un fortunate that in your note your Government did not provide a satisfactory response to
the note of protest sent by Costa Rica, dated 16 September 2013, and instead used it to reiterate

your Government’s violation of Costa Rica’s navigation rights on the San Juan River.

It is even more serious that last 18 September 2013, at the military post of the Nicaraguan Army
known as El Delta, Nicaragua prevented the free navigation of personnel for environmental

protection which, having paid a private boat, was going in order to fulfil its functions to protect
the Northeast Caribbean Wetland from irreparable damage caused by your Government.

Your statement that the caños which your country is illegally building on Costa Rican territory,
which is subject to the provisional measures issued by the International Court of Justice, are a

result of the rain, has been fully denied by the convincing images which have been documented.
Furthermore, Edén Pastora himself, who is in charge of Nicaragua’s dredging in San Juan River,

in statements to the Nicaraguan media, has stated that he in fact maintains Nicaraguan personnel
and equipment precisely in the area indicated by my country.

Consequently, I reiterate the terms of the recent note of protest sent by my country.

I take this opportunity to express the assurances of my highest consideration.

Gioconda Ubeda Rivera
Acting Minister

Honourable
Samuel Santos López

Minister of Foreign Affairs
Republic of Nicaragua

41Annex 23

42 ANNEX 24

Note from the Agent of Nicaragua to the Registrar of the International Court

of Justice, Request for Provisional Measures
Reference HOL-EMB-196

11 October 2013

4344Annex 24

45Annex 24

46Annex 24

47Annex 24

48Annex 24

4950 ANNEX 25

Note from the Permanent Representative of Costa Rica to the United
Nations-Geneva to the Secretary General of the Ramsar Convention

Reference MPCR-ONUG/2013/534

25 November 2013

English Translation and Spanish Original

5152 Annex 25

Permanent Mission of Costa Rica in Geneva

REF. MPCR-ONUG/2013-534
14.4.1

25 November 2013

Mr. Christopher Briggs

SecretaryGeneral
Ramsar Convention on Wetlands
Geneva

Dear Mr. Secretary:

I am pleased to greet you on occasion to refer to the Order of the International Court of Justice
of 22 November 2013, indicating further provisional measures in the case "Certain Activities of
Nicaragua in the Border Area (Costa Rica v. Nicaragua)".

The Court found that the construction of two new caños in the disputed territory, located in the
Northeastern Caribbean Wetland, a Ramsar wetland of international importance, carries risks to
the environment. Consequently, it has ordered Costa Rica, in consultation with the Secretariat of
the Ramsar Convention, to take appropriate measures related to the two new caños, to the extent
necessary to prevent irreparable prejudice to the environment of the disputed territory. I hereby

enclose a copy of the said Order.

Accordingly, my Government has instructed me to coordinate with the Secretariat all and any
action necessary to give full compliance to the Order the Court. To that end, in addition to any
action taken in the coming days by the Costa Rican personnel in charge of environmental

protection, in coordination with the Secretariat, my country considers it advisable that an
advisory mission be also scheduled in order to carry out an on-site visit with specialists from the
Ramsar Secretariat.

As a result of the Order of the Court, Costa Rica estimates that there will be no risk to the

personal safety of the technicians, given that Nicaragua must withdraw all its nationals from that
area, and it can not allow the presence of military, officials or civilians in the territory.

With regard to the actions that my country will implement, it will carry out a visit to the area,
where the caños are located, by experts who may be able to determine the degree of risk that the

diversion of the river San Juan poses, on the one hand, and to make a preliminary assessment on
the damage caused to the wetlands by the opening these caños, on the other. This visit can take
place before, or together with the Ramsar mission, as the Secretary deems appropriate. My
Government remains ready to any comments or observations that the Secretariat will make on
these actions.

Please accept, Mr. Secretary, the assurances of my highest consideration.

Manuel Dengo
Ambassador of Costa Rica

Costa Rica Mission to the United Nations
Geneva

53Annex 25

54Annex 25

5556 ANNEX 26

Note from the Secretary General of the Ramsar Convention to the

Permanent Representative of Costa Rica to the United Nations-Geneva

29 November 2013

English Translation and Spanish Original

5758 Annex 26

Ramsar

Convention on wetlands
(Ramsar, Iran, 1971)

From the Secretary General

His Excellency
Manuel B. Dengo

Ambassador, Permanent Representative
Permanent Mission of Costa Rica
to the United Nations Office in Geneva

23, Avenue de France – 1202
Geneva

Gland, 29 November 2013

Ref: Communication of 25 November 2013

Your Excellency,

The Secretariat of the Ramsar Convention greets you and thanks you for the diplomatic
note of 25 November 2013 in which you communicated to us the Order of the International

Court of Justice of 22 November 2013, indicating new provisional measures in the
Northeast Caribbean Wetland, and requesting an advisory mission for compliance with said

order.

Based on the foregoing, and within the framework of the Order of the International Court of

Justice, we agree on the adequacy of performing an on-site mission, as we had previously
indicated, that would allow assessing the effects on the aforementioned wetland and to take
the corresponding remedial measures. In addition, we do not see any inconvenience

regarding a preliminary visit by Costa Rican technical experts to determine the degree of
risk of an alteration of the course of San Juan River, and a preliminary estimation of the

damages to the wetland caused by the channels opened.

For the preliminary visit, and for a subsequent mission with this Secretariat, we consider it

necessary to receive a plan of activities to be performed, with the corresponding
methodology, so as to provide adequate advisory regarding these processes.

59Annex 26

Regarding the Ramsar Advisory Mission, the dates which are possible for the Secretariat
are 10 to 14 February 2014; to comply with this we will make the necessary budget

inquiries.

For the referred mission, although the communication indicates that Costa Rica considers

that there will be no risks to the personal safety of Ramsar technical personnel, in view of
that ordered by the Cour t and given our prior experience in this area, we consider it
essential for you to take the corresponding steps to be able to carry out this mission in good

terms.

Best regards,

(Signed)

Christopher Briggs

c.c. Mr. Rene Castro, Minister of the Environment

Ms. Ana Lorena Franco, Vice-Minister of the Environment
Mr. Jorge Gamboa, Ramsar Focal Point

60Annex 26

61Annex 26

62 ANNEX 27

Note from the Minister of Foreign Affairs of Nicaragua to the Minister of
Foreign Affairs and Worship of Costa Rica

Reference DM-AM-685-13

10 December 2013

English Translation and Spanish Original

6364 Annex 27

The Minister of Foreign Affairs and Worship

San José, 10 December 2013
DM-AM-685-13

Honourable Minister:

Today a mission comprised of Costa Rican personnel for the protection of the environment
approached the Nicaraguan military post on the San Juan River delta with the goal of

reporting their navigation on the river, in exercise of the Costa Rican right of free
navigation, to reach the area where the new channels are located to perform environmental
assessments to prevent irreparable damages, in conformity with the Order that indicated

provisional measures issued by the International Court of Justice on 22 November. The
Costa Rican personnel were travel ling on a private paid vessel, in conformity with the
terms of the Judgment of 13 July 2009 issued by the same Court.

The Government of Nicaragua had been notified of this action since 6 December through
Note DM-AM-678-13, which also specified that it would be performed in conformity with
that set forth in paragraph 59, section 2 (E) of said Order.

Unfortunately, the Costa Rican mission was prevented from continuing to travel on the San
Juan River. Members of the Nicaraguan Army subjected the technical experts to an
unjustified wait of over two hours, and later argued that in order to perform actions in the

disputed territory coordination was required with Nicaragua’s MARENA, and that entry to
the site should be with technical experts of the Ramsar organization. As your government is
well aware, pursuant to that set forth by the Court, Costa Rica only needs to notify your

government, which it did; thus, coordination with MARENA is not applicable, just as
Nicaragua failed to do when it filled the trench on the beach with the equivalent of 8000

cubic metres of sand. Furthermore, coordination with the Secretariat of the Ramsar
Convention has been duly conducted, as I timely reported to you, and the navigation of its
technical experts is not required for Costa Rican technical experts to do so.

Consequently, this constitutes a new violation of the Costa Rican right of free navigation on
San Juan River, as well as an attempt to prevent Costa Rica from complying with the Order
of the International Court of Justice. Moreover, these facts will not prevent Costa Rica from

continuing to carry out the actions necessary to fully comply with that ordered by the Court,
as has been reported to your country.

Based on the foregoing, my Government regrets these facts and expresses its strongest

condemnation to Nicaragua for these unjustified violations of international law.

65Annex 27

I reiterate the assurances of my highest consideration.

(Signed)

Enrique Castillo Barrantes

Honourable
Samuel Santos López

Minister of Foreign Affairs
Republic of Nicaragua

66Annex 27

67Annex 27

68 ANNEX 28

Note from the Permanent Representative of Costa Rica to the United
Nations-Geneva to the SecretaryGeneral of the Ramsar Convention

Reference MPCR-ONUG-2014-190

26 March 2014

English Translation and Spanish Original

6970 Annex 28

Permanent Mission of Costa Rica in Geneva

REF. MPCR-ONUG/2014-190
14.4.1
Geneva, 26 March 2014

Mr. Christopher Briggs
Secretary-General
Convention on Wetlands of

International Importance (Ramsar)
Gland, Switzerland

Honourable Secretary General,

I have the honour of addressing you in relation to the ruling of the International Court of
Justice through the Order of 22 November 2013, and in conformity with provisional

measure number 6.

As you are aware, from 10 to 12 December 2013 a group of technicians coordinated by
MINAE performed an inspection visit for a preliminary assessment of the impact caused by

the opening of two new channels at Isla Portillos. In this regard, I am attaching the
Preliminary Report regarding the “Assessment of environmental damage caused by the
Government of Nicaragua by constructing new artificial caños at the north end of Isla

Portillos in September 2013.”

Please accept the assurances of my highest consideration.

Manuel B. Dengo
Ambassador
Permanent Representative

71Annex 28

72 ANNEX 29

Note from the Secretary General of the Ramsar Convention to the
Permanent Representative of Costa Rica to the United Nations-Geneva

Reference SG2014-103/CHB/MAR

7 May 2014

English Translation and Spanish Original

7374 Annex 29

RAMSAR
CONVENTION ON WETLANDS

From the Secretary General

H. E. Manuel Dengo Ambassador
Permanent Representative

Costa Rican Mission before the
United Nations Office and other
International Organizations in Geneva
Avenue de France 23
1202 Geneva, Switzerland

Gland, 7 May 2014
SG2014-103/CHB/MAR

Your Excellency,

Firstly, I take the opportunity to confirm receipt of note MPCR-ONUG/2014-241 of 11 April
2014, in which you indicate that the report “Assessment of environmental damage caused by
the Government of Nicaragua by constructing new artificial caños at the north end of Isla

Portillos in September 2013” delivered along with note MPCR-ONUG/2014-190 of 26 March
2014 corresponds to the final report or definitive version thereof.

Similarly, we thank you for your communication of 10 April 2014 whereby you remit a copy
of the note of 24 March, with reference DVM-052 of 2014, address by the Vice-Minister of the
Environment, with regard to the land survey requested by this Secretariat.

We take note that the generation of topography with a high level of detail is not possible
through aerial photographs, and that therefore the only alternative is to perform a topographic

survey on the field, which may take some time to carry out. In this regard, considering the
relevance of this topic to make decisions regarding the recovery of the site, please find attached
the guidelines to perform it when possible.

Considering the above, the Secretariat will send the report of the mission with the
recommendations in this case, as soon as possible with the available information.

Furthermore, regarding the satellite image of 12 April sent by email on 25 April indicating
that:

a) It seems that the narrow spit of land which separated the San Juan River from the

entrance on the Eastern side of the new caño has given way, and although it is not yet
the season when the water level of San Juan River increases, water and sediments are
flowing from the river to the disputed area, moving through internal channels to two
small lagoons next to the beach, more toward the east.

b) There is a high risk thawhen the San Juan River’s water flow increases the river

will flow out through the new caño, especially now that the mouth of river to the
Caribbean Sea seems to have closed.

75Annex 29

The Secretariat has reviewed the referencedimage, and from it we can only infer that the San
Juan River is in a hydrological condition of low water level, although we can still observe the

connection to the Caribbean Sea. In this hydrological scenario, the influence of the waters of
the San Juan River on the East caño is restricted to partially flooding the caño, without an
apparent influence on the lagoon located on the beach.

Notwithstanding the foregoing, and considering the lack of hydrological information that
would allow to adequately analyze the change dynamics, and thus the potential connection of

the San Juan River with the Caribbean Sea through the East Caño, we propose implementing,
following the principle of precaution, a systematic monitoring to verify the real behavior of
the area.

This monitoring should include obtaining aerial photographs and/or satellite images, on a
monthly basis, for the entire length of the East Caño, between the San Juan River and the

beach, to be sent to this Secretariat. In addition, we strongly suggest implementing and
maintaining a continuous record of the river levels for the Colorado River ( upstream, and
downstream where it joins San Juan River).

Finally, we appreciate that all communications regarding this topic be carried out through the

corresponding diplomatic channels.

Please accept the assurances of my highest consideration,

(Signed)
Christopher Briggs

c.c. Ana Lorena Guevara. Vice-Minister of the Environment
Jorge Gamboa. Administrative Authority and Ramsar Focal Point

76 Annex 29

Guidelines for Topographic Survey of the East Caño

Required topographic and bathymetric information of the East Caño sector:

1) The area of the land survey corresponds to the East Caño, including the lagoon that
connects that caño to the beach. The limits of the area extend from the bank of San
Juan River to the edge of the beach.
2) It is necessary to perform a topographic survey of the entire border of the East caño,

including the lagoon, with a maximum distance of 10 meters between each point in
the measurement.
3) It is necessary to perform a bathymetric survey of the East caño and the lagoon, in
transversal sections with a maximum distance of 25 m between sections, and
soundings with a maximum distance of 5 m, from San Juan River to the border of the

beach.
4) The topography and bathymetry must be referenced to a marker with official Costa
Rican coordinates.

77Annex 29

78Annex 29

79Annex 29

80 ANNEX 30

Note from the Permanent Representative of Costa Rica to the United
Nations-Geneva to the Secretary General of the Ramsar Convention

Reference MPCR-ONUG/2014/407

18 June 2014

English Translation and Spanish Original

8182 Annex 30

PERMANENT MISSION OF
COSTA RICA IN GENEVA

RF. MPCR-ONUG/2014-407

14.4.1

Geneva, 18 June 2014

Mr. Christopher Briggs

Secretary General
Convention on Wetlands of
International Importance (Ramsar)
Gland, Switzerland

Dear Secretary General,

I am writing with reference to your note SG2014-103/CHB/MAR dated 7 May of the current
year, to which the document “Guidelines for the Topographic Survey at Caño Este” was
appended, and also suggests a systematic monitoring of the area of the caño este, as well as
implementing a continuous record of the volume of flow of Río Colorado.

I would like to thank you for this note and also indicate that , in conformity with the
recommendation of this General Secretariat, the Government of Costa Rica will try to perform
a topographic and bathymetric survey of the new caño, following the guidelines established
for this purpose. However, it is worth noting that the difficulties to access the area through the

San Juan River due to Nicaragua’s impediment of Costa Rican navigation, as well as the
difficulty of transiting the area due to its topography, are significant logistical challenges for
this mission. Nevertheless, the Government of Costa Rica will make the efforts necessary to
be able to carry out this goal.

In relation to the systematic monitoring, in fact, the Ministry of Foreign Affairs has
maintained for several years now a contract with a satellite images vendor to regularly monitor
the area. However, since we are working with optical images, these are subject to the weather
conditions of the area, specifically its characteristically high cloudiness. Under this premise,

the Ministry will gladly provide the Ramsar General Secretariat with all images obtained as
they become available.

Regarding the suggestion to implement and maintain a continuous record of the volume of
flow of Río Colorado, I am also pleased to inform you that since December 2010 Costa Rica

has been performing periodic measures of the volume of flow of said river. I am attaching to
this note a table with the results of said measurements, which cover the period from December
2010 to April 2014. It is important to clarify that Costa Rica is unable to perform

measurements upstream from the Colorado Delta, since these are waters of the San Juan River.

83Annex 30

Finally, I would like to reiterate that Costa Rica expects to receive as soon as possible the

report of the Advisory Mission of this General Secretariat with the recommendations that
Costa Rica must implement to comply with that ordered by the International Court of Justice

in its Order of 22 November 2013.

Please accept, Secretary, the assurances of my highest consideration.

Manuel Dengo

Ambassador
Permanent Representative

Tel.(4122)7312587 Fax(4122)7312069
23,AvenuedeFrance1202
Geneva,Switzerland
[email protected]

84Annex 30

85Annex 30

86Annex 30

87Annex 30

88Annex 30

89Annex 30

90Annex 30

9192 ANNEX 31

Note from the Minister of Foreign Affairs and Worship of Costa Rica to the
Minister of Foreign Affairs of Nicaragua

Reference DM-AM-0334-14

11 July 2014

English Translation and Spanish Original

9394 Annex 31

The Minister of Foreign Affairsand Worship

11 July 2014
DM-AM-0334-14

Honourable Minister,

I have the honour of addressing you with reference to the public announcement made by your
country’s Government regarding the construction of an interoceanic canal in Nicaragua.

As expressed by Costa Rica to your Government on 21 May 2013 through note DM-AM-269-13,
my country respects Nicaragua’s decision to build infrastructure works in its territory that

promote the social and economic development of all Nicaraguans. Nonetheless, the construction
of an interoceanic canal must comply with the international obligations which Nicaragua has, in
this case with Costa Rica, in conformity with the instruments that govern our relations.

Consequently, Costa Rica expects Nicaragua to provide, before beginning any work, the
transboundary environmental impact study and any other pertinent technical study that confirms

that Costa Rica will not be affected. Specifically, it must confirm that the water volume of the
Colorado River will not be affected as a consequence of a possible decrease in the water volume
of the San Juan River and, incidentally, that it will not affect the perpetual right to free

navigation that Costa Rica has on the San Juan River, pursuant to the Cañas-Jerez Treaty of
Limits of 1858, the Cleveland Award of 1888 and the Judgment of the International Court of

Justice of 13 July 2009.

Similarly, Costa Rica expects that in the transboundary environmental impact assessment which
Nicaragua will probably carry out or has already carried out, it will estimate the potential

sediment contributions that the Colorado River will receive in relation to the massive dredging
which –according to available information- will be performed on Lake Nicaragua. Furthermore,

that it will report the measures which Nicaragua is taking to prevent accidents, such as potential
oil spills by vessels that it has been announced will dredge the Canal, which could affect the

Costa Rican environment if such spills were to reach the San Juan River and consequently Costa
Rica’s right bank of said river and the Colorado River.

95Annex 31

My country considers that Nicaragua will provide a good sign of its willingness to comply with
the highest international standards on the protection of the environmen t, and of its genuine

commitment to thoroughly observe its international obligations, by presenting Costa Rica this
and any other information that complies with said obligations.

I take this opportunity to reiterate the assurances of my highest consideration.

Manuel González Sanz

His Excellency

Samuel Santos López
Minister of Foreign Affairs
Republic of Nicaragua

96Annex 31

97Annex 31

98 ANNEX 32

Note from the Acting Minister of Foreign Affairs and Worship of Costa Rica to the
Minister of Foreign Affairs of Nicaragua

Reference DM-AM-348-14

17 July 2014

English translation and Spanish original

99100 Annex 32

The Minister of Foreign Affairs and Worship

San José, 17 July 2014
DM-AM-348-14

Dear Minister:

I am addressing you in relation to the case “Certain activities carried out by Nicaragua in

the Border Area (Costa Rica v. Nicaragua)” before the International Court of Justice.

In compliance with the Order issued by the International Court of Justice on 22 November
2013, with the purpose of taking the measures necessary to prevent irreparable damage, and

in coordination with the Secretariat of the Ramsar Convention, a technical team comprised
of Costa Rican personnel for the protection of the environment will be entering the disputed
area during the next few days, specifically where Nicaragua built artificial channels.

The goal of this visit is to gather technical information which the Costa Rican

environmental authorities require before defining the concrete measures to be carried out,
in conformity with the proposal that Costa Rica has been coordinating with the Ramsar
Secretariat which, once finalized,will be communicated to your country. This entry will be
subject to the weather conditions in the area, and will be performed by means of a civilian

helicopter.

I take this opportunity to reiterate the assurances of my highest consideration.

(Signed)
Eduardo Trejos Lalli

Acting Minister

Honourable Mr. Samuel Santos López
Minister of Foreign Affairs
Republic of Nicaragua

(Signed received 17/07/14)

101Annex 32

102 ANNEX 33

Note from the Minister of Foreign and Worship of Costa Rica to the
Minister of Foreign Affairs of Nicaragua

Reference DM-0373-14

24 July 2014

English Translation and Spanish Original

103104 Annex 33

The Minister of Foreign Affairsand Worship

San José, 24 July 2014
DM-0373-14

Honourable Minister:

As your Government knows, Costa Rica has a perpetual right of free navigation on the San
Juan River, established by the Cañas–Jerez Treaty of Limits, recognized by the Cleveland
Award of 1888 and by the decision of the International Court of Justice of 13 July 2009.

This right includes that riparian residents can freely navigate on it, as set forth by the
International Court of Justice in paragraph 156 of its judgment.

On 26 June a Costa Rican who owns a property close to the Costa Rican b ank of the San
Juan River, in the area of Las Chorreras de Cutris, hired a boat to transfer a group of

people from a local agricultural cooperative, of which the former is also a member, called
Coopeagrotur R.L., to transport them from Boca de San Carlos to his property. To do this
they had to navigate on the San Juan River, where Costa Rica has perpetual rights of free

navigation. The purpose of the visit was to provide support to the owner of the property
for the development of an agro-tourism project.

Upon reaching the post of the Nicaraguan Army at the mouth of the San Carlos River,
shortly after nine o'clock of that day, they were forced to disembark with their belongings.

All of them identified themselves with their identity cards. However, a representative of
the army of your country stopped them for 45 minutes, searched their wallets, purses and
other belongings, including mobile phones. They were also questioned about whether they

were officials of the Government of Costa Rica, and in spite of the explanations offered by
the affected persons, that they were headed to a property on Costa Rican land and were not
Costa Rican Government officials, they demanded the presentation of a work permit,

which Costa Rica does not issue. They were then denied navigation. The Costa Ricans
returned to national territory of Costa Rica.

Costa Rica believes that the denial of the right of navigation and the search of personal
belongings are contrary to the right of free navigation on the San Juan River which Costa
Rica has pursuant to the Treaty of Limits of 1858, the Award of 1888 and the referred

Judgment from 2009. Therefore, my Government presents its formal protest regarding
those facts.

My country also calls to the attention of your Government the fact that, even if those
people had been Costa Rican government officials, in accordance with the aforementioned
Judgment of the International Court of Justice they would also be entitled to free

105Annex 33

navigation if they are paying for the transportation service or, when applicable, when the

purpose is to provide services to the coastal inhabitants.

Similarly, on Saturday 19 July, at the same post of the Nicaraguan Army, located opposite
the town of Boca de San Carlos, two Costa Ricans, who transported goods to Costa Rican

territory using a boat which they paid for the service, were detained. My country
understands that those Costa Ricans had legally acquired the transported goods. Costa Rica
requires Nicaragua to provide the reasons for the detention of these Costa Rican citizens.

My Government is confident that these events will not be repeated and that Nicaragua will

take the necessary actions to guarantee the right of free Costa Rican navigation on the San
Juan River.

I take this opportunity to reiterate the assurances of my highest consideration.

Manuel A. González Sanz
Minister

His Excellency
Samuel Santos López
Minister of Foreign Affairs
Republic of Nicaragua

CC/consecutive

106Annex 33

107Annex 33

108 ANNEX 34

Note from the Minister of Foreign Affairs of Nicaragua to the Minister of
Foreign Affairs and Worship of Costa Rica

Reference MRE/DM/336/8/14

4 August 2014

English Translation and Spanish Original

109110 Annex 34

The Minister of Foreign Affairs

Managua, 4 August 2014
MRE/DM/336/08/14
Honourable Minister:

I am writing with reference to your note DM -AM-348-14 dated 17 July of the current year,

related to the case Certain activities carried out by Nicaragua in the border area (Costa Rica v.
Nicaragua), which is currently being processed by the International Court of Justice.

In its note DM -AM-348-14, the Government of Costa Rica indicated that "a technical team
composed of Costa Rican personnel for environmental protection will be entering the disputed

territory in the next few days...”

In this regard, the Government of Reconciliation and National Unity of the Republic of
Nicaragua reiterates what it has expressed in previous notes in relation to the interpretation of the

measures established by the International Court of Justice through its Orders of 8 March 2011
and 22 November 2013.

In this regard, and in conformity with the Orders of the International Court of Justice, the
Government of Nicaragua wishes to remind your Government of the importance of transmitting

the necessary information to justify the urgency of entering the disputed territory. In addition, the
importance of transmitting the necessary information relating to the security of Nicaraguan air
spaces, such as: description/details of the means of entry and a list of people who will enter the

disputed territory.

On the other hand, the Government of Reconciliation and National Unity of the Republic of
Nicaragua wishes to remind Costa Rica of the prevailing importance that all technical
information, collected previously and subsequently to the entry to the disputed territory, be

transmitted to our Government for its evaluation, in order to avoid potential adverse impacts that
could arise in Nicaragua’s San Juan River.

Finally, I wish to reaffirm that the Government of Nicaragua has complied and will continue to
fully comply with the provisional measures indicated by the Court in its Order of 8 March 2011

and 22 November 2013, and to make a call to Costa Rica, our sister nation, to work together, as
indicated by the Court in its Order of 8 March 2011.

I take this opportunity to reiterate the assurances of my highest consideration.

Samuel Santos López

His Excellency
Manuel González Sanz
Minister of Foreign Affairs

Republic of Costa Rica

111Annex 34

112Annex 34

113Annex 34

114 ANNEX 35

Note from the Secretary General of the Ramsar Convention to the Deputy
Permanent Representative of Costa Rica to the United Nations-Geneva

Reference SG2014-229-CHB-MAR,

18 August 2014

English Translation and Spanish Original

115116 Annex 35

Ramsar

Convention on Wetlands

From the Secretary- General

His Excellency
Christian Guillermet
Ambassador

Deputy Permanent Representative
Costa Rican Permanent Mission to the United Nations and
Other International Organizations in Geneva
Avenue de France 23
1202 Geneva, Switzerland

Gland, 18 August 2014
SG2014-229/CHB/MAR

Your Excellency,

We are grateful for your 21 July communication, acknowledging receipt of the Ramsar
77 Advisory Mission Report. Furthermore, we appreciate the observations to that
Report of 8 August. Based on them we are sending the final report of said mission.

To make available the report in our Advisory Missions webpage, I would appreciate
your timely indication as to when wecan make it available to the public.

Moreover, we thank you for sending the report of the technical personnel who entered

the area of the new caños according to the information provided in the communication
of 21 July.

I avail myself of this opportunity to reiterate the assurances of my highest and most
distinguished consideration,

Yours truly,

Chrsitopher Briggs

c. Jorge Gamboa, Administrative Authority and Ramsar Focal Point

117Annex 35

118 ANNEX 36

Note from the Minister of Foreign Affairs of Nicaragua to the Minister of
Foreign Affairs and Worship of Costa Rica

Reference MRE/DM-AJ/414/09/19

19 September 2014

English Translation and Spanish Original

119120Annex 36

121Annex 36

122Annex 36

123Annex 36

124Annex 36

125Annex 36

126 ANNEX 37

Note from the Minister of Foreign Affairs and Worship of Costa Rica to the
Minister of Foreign Affairs of Nicaragua

Reference DM-AM-574-14

22 September 2014

English Translation and Spanish Original

127128 Annex 37

The Minister of Foreign Affairs and Worship

22 September 2014
DM-AM-0574-14

Dear Minister,

With reference to your note MRE/DM-AJ/414/09/14 and to the conversations held
informally by officials from both of our countries, by initiative of Costa Rica, to
find a practical arrangement for the situation raised by the positions of the parties in
relation to the third report presented by Costa Rica on 22 August 2014, in
conformity with the Order of the International Court of Justice of 22 November

2013 in the case Certain Activities Carried out by Nicaragua in the Border Area, I
would like to express the following:

A. Need to find a practical arrangement without detriment to the legal
positions of the parties

My country reiterates its willingness to find a practical arrangement that will allow
overcoming this situation, without detriment to the respective positions of the
parties regarding the perpetual right of Costa Rica to free navigation with
commercial purposes on San Juan River, as recognized in Article VI of the Treaty
of Limits of 15 April 1858, and to its interpretation by the International Court of
Justice in its decision of 13 July 2009, as well as in relation to the legal position of

the parties regarding the provisional measures ordered by said Court on 22
November 2013. To this end, it reiterates the following positions and proposals:

B. Navigation on San Juan River

1. Costa Rica reiterates its position that the planned navigation on San Juan
River from the Colorado Delta to the “disputed territory” to perform the works

necessary to prevent irreparable damage to said territory, caused by the
construction of two channels by Nicaragua, corresponds to the exercise of its right
to free navigation, which is stipulated in the Treaty of Limits of 15 April 1858 and
in its interpretation by the International Court of Justice in its 2009 judment, as
mentioned above. Costa Rica shall navigate the river to transport material,

equipment and personnel; therefore, it does not need any authorization to exercise
this right.

2. As you are aware, Costa Rica considers that Decree 079-2009, whereby
Nicaragua regulates navigation on San Juan River, is abusive and discriminates

against Costa Rican navigation. Thus, it is expressly contravening that set forth in
the decision of the International Court of Justice of 13 July 2009.

3. Without detriment to this legal position, Costa Rica accepts performing the
following procedure:

129Annex 37

a) Costa Rica will inform Nicaragua of the planned navigation, at least 48 hours
in advance, through the established means of communication, providing a list
of the passengers and cargo, as well as a technical description of the vessel(s)

to be used.

b) Costa Rican vessels will go to the “Delta” Nicaraguan Border Control Post
when entering and leaving San Juan River to report to the authorities of your
country for the corresponding process.

c) The passengers must identify themselves with a valid ID document, such as a
national ID card (“cédula”).

d) Costa Rica will only transport personnel and equipment or objects exclusively

related to the work proposed by Costa Rica before the International Court of
Justice.

e) No types of armament will be transported in the vessels, and the passengers
will not carry any arms either.

f) Nicaragua may provide protection and safety to the river, if it deems
necessary, while the aforementioned navigation is carried out.

g) Nicaraguan vessels and personnel will not be able to enter the “disputed

territory,” in conformity with the stipulations of the International Court of
Justice of 8 March 2011 and 22 November 2013.

C. Planned works

In its report of 22 August 2014, Costa Rica explained the reasons why the planned
works, following the recommendations of the Secretariat of the Ramsar Convention,
are the minimum essential works to prevent irreparable damage to the “disputed
territory” after the construction of the two channels by Nicaragua in the northern part
of said territory. There is a particular risk that due to the action of the waters the eastern

caño may communicate directly with the Caribbean Sea, causing an irreversible
change.

Similarly, the material proposed for the execution of the works does not alter the
existing habitat at all, given that the material is very similar to that removed by
Nicaragua. Costa Rica reiterates as a whole the contents of its third report including its
annexes, as well as its willingness to perform the aforementioned works.

D. Clause to protect the positions of the parties

Your note and this note, considered as a whole, reflect a practical solution that allows
overcoming the situation, meaning the navigation of Costa Rican vessels on San Juan

River in order to facilitate compliance with the provisional measures ordered by the
International Court of Justice. Nothing established in our notes or the acts conducive to
executing them can be interpreted as affecting the legal position of any of the parties
and, specifically, cannot be interpreted as a change in the position of each of them or

130 Annex 37

recognition of support to the position of the other. With the understanding that this is
also Nicaragua’s perception of the content of our notes, Costa Rica shall proceed to act
as described herein.

I take this opportunity to reiterate the assurances of my highest consideration.

Alejandro Solano Ortiz,
Acting Minister

His Excellency
Samuel Santos Lopez
Minister of Foreign Affairs

Republic of Nicaragua

131Annex 37

132Annex 37

133Annex 37

134 ANNEX 38

Note from the Agent of Nicaragua to the Registrar of the International Court

of Justice
Reference HOL-EMB-124

23 September 2014

135136Annex 38

137Annex 38

138Annex 38

139Annex 38

140 ANNEX 39

Note from the Co-Agent of Costa Rica to the Registrar of the International

Court of Justice
Reference ECRPB-103-14

25 September 2014

141142Annex 39

143Annex 39

144Annex 39

145Annex 39

146Annex 39

147Annex 39

148Annex 39

149Annex 39

150Annex 39

151152 ANNEX 40

Note from the Minister of Foreign Affairs and Worship of Costa Rica to the
Minister of Foreign Affairs of Nicaragua

Reference DM-AM-0639-10-14

21 October 2014

English Translation and Spanish Original

153154 Annex 40

THE MINISTER OF FOREIGN AFFAIRS AND WORSHIP

21 October 2014
DM-AM-0639-14

Excellency:

I refer to Report number 79 of the Ramsar Secretariat, which was communicated toyour

country by the International Court of Justice in or about 22 August 2014.

One of the recommendations in the report is to conduct measurements of the waters of the
San Juan River, in order to establish their volume and their impact on the Caribbean
Northeast Wetland.

Costa Rica proposes that this recommendation is complied with in three places: the first in
the San Juan River, 500 meters upriver before the bifurcation with the Colorado River; the
second on the Colorado River, 500 meters downstream from said bifurcation; and the third
in the lower San Juan, 500 meters downstream from the same bifurcation.

We propose that these measurements are taken jointly by Costa Rica and Nicaragua, during
the months of November and December 2014, and the month of January 2015. These
measurements will help to estimate the San Juan River’s flow of waters, and will also help
to draw the conclusions suggested by the Ramsar Secretariat.

If your Government is in agreement, Costa Rica proposes a technical meeting in San José
on 30 October 2014, so that the technical teams from both countries can reach an agreement
about sharing of resources, the frequency, the specific dates and times in which the
measurements in the three proposed sites can take place.

Please accept the assurances of my consideration.

Manuel González Sanz

His Excellency
Samuel Santos López
Minister of Foreign Affairs

Republic of Nicaragua

155Annex 40

156 ANNEX 41

Note from the Minister of Foreign Affairs of Nicaragua to the Minister of
Foreign Affairs and Worship of Costa Rica

Reference MRE/DM/AJ/439/10/14

27 October 2014

English Translation and Spanish Original

157158 Annex 41

THE MINISTER OF FOREIGN AFFAIRS

Managua, 27 October 2014
MRE/DM-AJ/439/10/14

Your Excellency:

I refer to your letter of 21 October (DM -AM-0639-14) in which you propose the
measurement of the waters of the San Juan de Nicaragua River to establish itsvolume
and impact in the wetland located in Harbour Head, according to the recommendations
made by Ramsar in its 77 Report.

Regarding this matter, I reiterate to your Government the good disposition of Nicaragua
to hold a technical meeting where details of such activities may be dealt with.

In this regard, and without prejudice of the matters dealt with in the said meeting, I
inform you about some General and Preliminary Observations from Nicaragua.

The technical team of Nicaragua considers that such measurements must be taken in the
pertinent areas, meaning from the vicinity of the eastern Caño and the wetland near it
and that it would be enough to take them in the lower San Juan.

They also call upon attention to the importance of using adequate methodology for the

aforementioned objectives and hope they can discuss such details during the Technical
meeting.

Finally, and regarding the celebration of the meeting, I inform you that in principle
Nicaragua has some inconveniences to attend the meeting in the dates proposed by

Costa Rica, so we would propose that the meeting be carried out during the week of 3
November in San Juan de Nicaragua, the place that seems more appropriate for such
purposes.

Accept Excellency the assurances of my highest consideration,

Samuel Santos López

His Excellency
Manuel González Sanz

Minister of Foreign Affairs and Worship
Republic of Costa Rica

159Annex 41

160 ANNEX 42

Note from the Acting Minister of Foreign Affairs and Worship of
Costa Rica to the Minister of Foreign Affairs of Nicaragua

Reference DM-AM-0672-14

28 October 2014

English Translation and Spanish Original

161162 Annex 42

THE MINISTER OF FOREIGN AFFAIRS AND WORSHIP

San José, 28 October 2014
DM-AM-0672-14

Excellency:

I am pleased to greet you on occasion to refer to your note MRE/DM/AJ/439/10/14 dated
27 October of the present month, related to the recommendations made by the Secretariat of
the Ramsar Convention, contained in its Report RAM No. 77.

At the same time that I th ank you for your kind response, I reiterate that the joint
measurements of the San Juan River flow that Costa Rica proposed have the object of
complying with the requirements of the Ramsar Convention Secretariat. For this reason,
while in principle Costa Rica does not perceive any difficulty in additionally performing
flow measurements in the area of the eastern caño, as your Excellency proposes, it is

necessary at a first instance to measure the flow of the San Juan Riverbefore and after the
Colorado River Delta. For that purpose, Costa Rica ma intains the proposal that
measurements on the three proposed places be made: in the San Juan River, 500 meters
before the bifurcation with the Colorado River, 500 meters downstream after the
bifurcation, and in the Colorado River, 500 meters downstream the said bifurcation.

In regard to the place of the technical meeting, although we thank Nicaragua for offering to
hold the meeting in San Juan del Norte, we consider that a location with better access and
meeting facilities would be more convenient, so Costa Rica maintains its proposal that the
meeting be held in San José or in the city of Liberia. To that end, we propose Thursday 6

November. To start the needed preparations, we would much appreciate to be informed, as
soon as possible, about Nicaragua’s disposition to hold the meeting, and the composition of
the Nicaraguan delegation.

Please accept the assurances of my consideration.

Alejandro Solano Ortíz
Acting Minister

His Excellency

Samuel Santos López
Minister of Foreign Affairs
Republic of Nicaragua

163Annex 42

164 ANNEX 43

Note from the Minister of Foreign Affairs of Nicaragua to the Minister of
Foreign Affairs and Worship of Costa Rica

Reference MRE/DM-AJ/448/11/14

3 November 2014

English Translation and Spanish Original

165166 Annex 43

THE MINISTER OF FOREIGN AFFAIRS

Managua, 3 November 2014
MRE/DM-AJ/448/11/14

Dear Minister,

I write to you following receipt of your Note DM-AM-0672-14 of 28 October of this
year, concerning the recommendations set out by the Secretariat of the Ramsar

Convention in its Report number 77.

In this respect, I must reiterate to your Government what I have said on a number of
occasions concerning the willingness of the Republic of Nicaragua to hold a
Technical Meeting in order to address all the details of such activities.

In view of the importance of what the Court said in its Orders of 8 March 2011 and 22
November 2013 concerning the participation of the Secretariat of the Ramsar
Convention, the Government of Reconciliation and National Unity of the Republic of

Nicaragua, and in accordance with the Report No. 77 issued by the Secretariat,
considers the accompaniment of Ramsar to be necessary in the implementation of the
activities set out in the recommendations and conclusions of the said Report, which is
the reason why we are sending a copy of this letter andextending a formal invitation

to this organisation.

I also take this opportunity to refer to the content of your N otes DM-AM-0639-14 of
21 October 2014 and DM-AM-0672-2014 of 28 October 2014, in which reference is

made to certain activities recommended in Report 77 and which according to the said
Notes would be carried out on the territory of Nicaragua.

In this respect, the Government of Reconciliation and National Unity of the Republic

of Nicaragua refers to the content of the Ramsar Report No. 77, the object of which
according to paragraph 2 was “to evaluate the impact of two new caños”including “a
visit to the area of the two new cños”, and not a study of the disputed territory. The
conclusion of this report can be particularly appreciated in section Number 7 of the
same Report, entitled “proposed scenarios and next steps”, in which paragraph 6

states as follows:

“Similarly, it is indispensable to carry out as soon as possible a monitoring
programme in the area of the East Cañ o including the East Lagoon as

indicated in communication of 7 May 2014. The said monitoring should
comprise as a minimum: obtaining aerial photographs and/ or satellite
images, on a monthly basis of the entire length of the East Caño between the
San Juan River and the beach (East Lagoon).”

Excellency, a reading of this text makes plain that Ramsar was not recommending
that activities be undertaken in the way that is suggested in your Notes DM-AM-
0639-14 and DM -AM-0672-2014, nevertheless, the abovementioned Ramsar Report

clearly establishes in the said text that such monitoring activities should be carried out
in the areas adjacent to the East Caño, as we stated in our Note of 27 October 2013,

167Annex 43

reference MRE/DM-AJ/439/10/14, which is reiterated by Ramsar in its conclusions of
said Report, Section 8, which at points 5 and 6 state in terms:

“Monitoring of the area of the East Caño should be implemented as soon as

possible to evaluate its impact in view of the morphological and hydrological
variables. It is recommended that measurements are taken of the section of
the EC [East Ca ño] in the dry season, period in which there is less rain. ”
[emphasis in original Spanish]

For the above reasons, the Government of Nicaragua does not understand the reasons
to emphasise [the taking of] measurements in the San Juan [River] in waters located
before and after the Delta, because the recommendation of priority (“as soon as
possible”) is [the taking of measurements] “in the area of the east caño”. Certainly, in

its Report, Ramsar also states:

“Additionally, it is necessary to implement and maintain an ongoing register
of the flow of the Colorado River (waters above and below its bifurcation

with the San Juan). The monitoring program and its r esults should be
presented to the Ramsar Secretariat in order for it to follow -up and adjust
accordingly”

However this recommendation (i) is not one of priority; and (ii) is to be addressed in
[the establishment of] an ongoing register of indefinite duration “of the flow of the
Colorado River” and not of the waters of the San Juan; (iii) if it concerns [carrying
out] ongoing measurements of the San Juan [River] (Nicaraguan territory) then

Ramsar would have had to consult with Nicaragua, as its wetlands would also be at
issue, and it would have had to request this data from Nicaragua; (iv) the experts
consulted by Nicaragua do not understand the relevance of measuring the flow of the
Colorado, and moreover if it means doing so on Nicaraguan territory, like a study
necessary to analyse the situation in the East Caño, located more than 30 kilometres

away and where no waters from the Colorado flow.

Finally, I am pleased to inform you that the Government of Nicaragua accepts the
date that you proposed of 6 November 2014, so that the activities to establish the

corresponding methodology to that which is set out in the Secretariat of Ramsar’s
Report number 77 can be accomplished in the city of Managua, which provides the
conditions and facilities for this to be achieved.

Accept, Excellency, the assurances of my highest consideration.

Samuel Santos López

His Excellency
Manuel González Sanz
Minister of Foreign Affairs and Worship
Republic of Costa Rica

168Annex 43

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170Annex 43

171172 ANNEX 44

Note from the Minister of Foreign Affairs of Nicaragua to the Secretary
General of the Ramsar Convention

Reference MRE/DM-AJ/449/11/14

3 November 2014

English Translation and Spanish Original

173174 Annex 44

THE MINISTER OF FOREIGN AFFAIRS

Managua, 3 November 2014
MRE/DM-AJ/449/11/14

Honorable Mr. Secretary:

I refer to the Final Report of Ramsar Mission No. 77 on the Caribe Noreste Wetland of
International Importance, Costa Rica, dated August 2014, mission that was carried out
from 10 to 13 March of that same year, in accordance with the provisions of the Orders
of the International Court of Justice on Provisional measures of 8 March 2011 and 22
November 2013.

Nicaragua and Costa Rica have agreed on holding a technical meeting on 6 November

2014, in order to deal with all details concerning the activities derived from said report
77. I am attaching a copy of the letter sent to Costa Rica.

To this end, the Government of National Reconciliation and Unity of the Republic of
Nicaragua, considering that the conclusions and recommendations of said report
establish certain activities to be carried out in Nicaraguan territory, considers that it is
important for the Ramsar Secretariat to take an active part in this process,

accompanying us during its implementation.

Nicaragua is honoured to extend this invitation to the Ramsar Secretariat to actively
participate in these activities.

I avail myself of this opportunity to reiterate the assurances of my consideration.

Samuel Santos López

Honourable Mr.
Christopher Briggs
Secretary General
Ramsar Convention

175Annex 44

176 ANNEX 45

Note from the Minister of Foreign Affairs and Worship of Costa Rica to the
Minister of Foreign Affairs of Nicaragua

Reference DM-AM-0697-14

5 November 2014

English Translation and Spanish Original

177178 Annex 45

THE MINISTER OF FOREIGN AFFAIRS AND WORSHIP

5 November 2014
DM-AM-0697-14

Your Excellency,

I write in reference to your letter MRE/DM-AJ/448/11/14, dated 3 November 2014, delivered to
Costa Rica last night, in reference to joint measurements of the San Juan and Colorado Rivers.
As explained in our letter of 21 October 2014, Costa Rica’s proposal concerning joint
measurements of the waters of the San Juan was made following a recommendation made by

Ramsar in their Report number 77.

As you have noted in your note of 3 November, Ramsar made further recommendations in that
Report relating to the monitoring of the eastern caño and relating to further remediation works

which may also be required in respect of that caño. As you are well aware, the easterncaño is in
the disputed territory. The Court’s provisional measures orders of March 2011 and November
2013 authorize only Costa Rican personnel charged with protection of the environment to access
the disputed territory and to undertake activities there to prevent irreparable prejudice to the

environment. Costa Rica has kept the Court and Nicaragua well informed of its activities in the
disputed territory and will continue to do so. Any monitoring of the waters in the eastern caño or
any other part of the disputed territory will be performed by Costa Rica in consultation with the
Ramsar Secretariat, and notifying Nicaragua when required, in accordance with the Court’s

provisional measures orders.

Regarding the joint measurement of the San Juan and Colorado r ivers that my country has
proposed, Sir, we do not understand why your country resists the idea of having these
measurements carried out in the sites proposed by Costa Rica, in accordance with the

recommendation of the Ramsar Secretariat. Costa Rica has accepted your proposal to carry out
joint measurements in the lower San Juan, in the vicinity area of the caños (although not in the
disputed territory, as this would be in breach of the Court’s orders), but by the same measure
there seems to be no reason why Nicaragua resists to perform measurements in those sites, in

accordance with Ramsar’s recommendation.

Costa Rica has kindly invited Nicaragua to come to Costa Rica for a technical meeting to this
end. By the terms of your note, I understand that your country declines this invitation. If your

Excellency confirms Nicaragua’s willingness to accept flow measurements in the sites proposed
by Costa Rica, based on the Ramsar recommendation, and in light of the importance of finding
common solutions, my country maintains its invitation to hold the meeting in city of San José.
Alternatively, it could be done in the Costa Rican border facilities at Peñas Blancas.

179Annex 45

Costa Rica reiterates that the subject matter of the meeting will only be the flow measurements

of the San Juan and Colorado Rivers, and that the meeting is called for to allow the technical
teams of both countries to agree on a timetable and on the sharing of resources to carry out this
task. Costa Rica further proposes that the meeting be re-scheduled for Wednesday 12
November. M y country would appreciate to receive Nicaragua’s answer confirming your

participation in this meeting as soon as possible.

Accept Excellency the assurances of my consideration.

Manuel A. González Sanz
Minister

His Excellency
Samuel Santos López

Minister of Foreign Affaires
Republic of Nicaragua

180Annex 45

181Annex 45

182 ANNEX 46

Note from the Minister of Foreign Affairs and Worship of Costa Rica to the
Secretary General of the Ramsar Convention

Reference DM-AM-0706-14

6 November 2014

English Translation and Spanish Original

183184 Annex 46

THE MINISTER OF FOREIGN AFFAIRS AND WORSHIP

6 November 2014
DM-AM-0706 -14

Honourable Secretary General:

I have the pleasure of greeting you in order to inform you that the Government of Costa
Rica has taken cognizance of note MRE/DM-AJ/449/11/14 dated 3 November of the
current year, addressed by the Minister of Foreign Affairs of Nicaragua to the Secretary
General of the Ramsar Convention. In that note, Nicaragua refers to discussions with

Costa Rica concerning joint measurements on the San Juan River. The full context of
those discussions can be seen from the attached notes from Costa Rica to Nicaragua
numbers DM-AM-0639-14 of 21 October, DM-AM-0672-14 of 28 October , and DM -
AM- 0697-14 of 5 November, as well as note from Nicaragua to Costa Rica number
MRE/DM/AJ/439/10/14 of 27 October.

As is apparent from the attached correspondence, Costa Rica proposed Nic aragua that
joint measurements be carried on in the San Juan and Colorado rivers, in the area of the
Delta, in conformity with the recommendation made in the RAM Mission Report N° 77.
Nicaragua suggested that measurements be carried out in theSan Juan River in the area

near the eastern caño in Isla Portillos, which is the subject of detailed analysis in Report
N° 77. Costa Rica agreed to this proposal but has maintained that measurements should
also be carried out on the San Juan and Colorado rivers, and in the area of the Delta, as
suggested in Report N° 77. As Nicaragua so far has not accepted to perform
measurements in this area, at the moment the two States have not been able to reach an
agreement. Nor has any agreement been reached regarding a future technical meeting,

as the date and location of such meeting have not yet been finalised, nor has Nicaragua
agreed on the subjects of discussions as proposed by Costa Rica. The current position is
as set out in Costa Rica’s note DM -AM- 0697-14, dated 5 November. Costa Rica is
surprised that Nicaragua rushed to send its communication to the Ramsar Secretariat
under these circumstances.

Costa Rica remains willing to discuss this matter with Nicaragua, and is hopeful of
reaching an agreement to carry out joint measurements in the areas proposed in Report
No 77. In this context, Costa Rica welcomes the participation of the Ramsar General
Secretariat, should that be its decision.

185Annex 46

Please accept, honourable Secretary General, the assurances of my highest

consideration.

Manuel A. González Sanz
Minister

Honourable
Christopher Briggs
Secretary General
Ramsar Convention on Wetlands

Gland, Switzerland

C.c.: H. E. Philippe Couvreur, Registrar, International Court of Justice

H.E. Samuel Santos, Minister of Foreign Affairs, Republic of Nicaragua

186Annex 46

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197198 ANNEX 47

Note from the Minister of Foreign Affairs and Worship of Costa Rica to the
Minister of Foreign Affairs of Nicaragua

Reference DM-AM-0707-14

7 November 2014

English Translation and Spanish Original

199200 Annex 47

THE
 MINISTER
 OF
 FOREIGN
 AFFAIRS
 AND
 WORSHIP
 

 
7
 November
 2014
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 DM-­‐AM-­‐0707-­‐14
 

 
 

 
 

 
 
Excellency,
 

 
 
In
 accordance
 with
 the
 procedure
 agreed
 by
 our
 two
 countries
 through
 diplomatic
 

notes
 MRE
 /
 DM-­‐AJ
 /
 414/09/14
 of
 19
 September
 2014
 and
 DM-­‐AM-­‐0574-­‐14
 of
 22
 
September
 
  2014,
  to
  comply
  with
  the
  Recommendations
  of
  the
  Ramsar
  Advisory
 
Mission
 Report
 number
 77
 and
 based
 on
 the
 International
 Court
 of
 Justice
 Order
 of
 
Provisional
 Measures
 of
 22
 November
 2013,
 in
 the
 case
 concerning
 Certain
 Activities
 
carried
 out
 by
 Nicaragua
 in
 the
 Border
 Area, I
 allow
 myself
 to
 communicate
 that
 Costa
 

Rica
 has
 scheduled
 a
 visit
 to
 the
 area
 of
 the
 new
 “caños”. The
 purpose
 of
 the
 visit
 is
 to
 
assess
  the
  current
  conditions
  in
  the
  area
  in
  preparation
  for
  the
  future
  activities
 
related
 to
 the
 closure
 of
 the
 eastern
 “caño”.

 

To
 that
 end,
 a
 team
 of
 Costa
 Rican
 environmental
 protection
 personnel,
 specifically,
 
officials
 of
 the
 Tortuguero
 Conservation
 Area
 (AcTo),
 will
 require
 navigating
 on
 the
 
San
  Juan
  River,
  on
  Wednesday
  12
  November
  2014.
  The
  list
  of
  officials
  who
  will
 
navigate
 between
 Delta
 Costa
 Rica
 and
 the
 area
 of
 new
 “caños”,
 is
 as
 follows:

 

1) Erick
 Herrera
 Quesada
 (Administrator
 of
 the
 Wildlife
 Refuge
 Barra
 del
 
Colorado),
 Captain.
 ID
 number:
 7
 0135
 0102.
 

2) Miguel
 Aguilar
 Badilla
 (Control
 and
 Environmental
 Protection
 Technician
 

posted
 in
 Barra
 del
 Colorado
 Wildlife
 refuge)
 companion
 to
 the
 captaian,
 ID
 
number:
 1
 0918
 0911.

3) Miguel
 Araya
 Montero
 (Forest
 Engineer,
 Manager
 of
 ACTo
 Natural
 Resources
administration ),
 Coordinator
 for
 the
 inspection
 of
 the
 new
 “caños”
 area. ID
 
number:
 1
 0896
 0804.

4) Olman
 Mena
 Valverde
 (Forest
 Engineer,
 Head
 of
 the
 ACTo
 Forest
 Management
 
program)
 Technical
 support
 to
 the
 coordinator
 for
 the
 inspection
 of
 the
 new
 
“caños”
 area. ID
 number:
 1
 1041
 0656.

5) Virgita
 Molina
 Sánchez
 (Legal
 Advisor
 ACTo),
 Legal
 Support
 on
 entering
 the
 
new
 “caños”
 area, ID
 number:
 7
 0117
 0380.

 

The
  aforementioned
  personnel,
  properly
  identified
  with
  their
  Costa
  Rican
  identity
 
cards,
  will
  navigate
  in
  two
  official
  boats
  without
  registration,
  the
  first
  with
  an
 

201Annex 47

overboard
 25
 hp
 engine,
 identified
 as
 "Calero" and
 the
 latter
 with
 an
 engine
 of
 50
 hp,
 

identified
  as
 " Resbaloso",
  both
  owned
  by
  the
  Tortuguero
  Conservation
 
Area. Depending
 on
 the
 conditions
 at
 the
 San
 Juan
 River
 at
 the
 time
 of
 the
 navigation,
 
the
 designated
 officials
 will
 use
 one
 or
 both
 vessels.
 The
 boats
 will
 stop
 at
 the
 "Delta"
 

Nicaraguan
 Border
 Post
 upon
 entering
 and
 leaving
 the
 San
 Juan
 River,
 in
 order
 to
 
report
 to
 the
 authorities
 of
 your
 country.
 

 
 
I
 take
 this
 opportunity
 to
 renew
 the
 assurances
 of
 my
 highest
 consideration.

 

 

 

Manuel
 A.
 González
 Sanz
Minister

 

 

 
Excellency
Samuel
 Santos
 López

Minister
 of
 Foreign
 Affairs
Republic
 of
 Nicaragua

 

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204 ANNEX 48

Note from the Co-Agent of Costa Rica to the Registrar of the International

Court of Justice
Reference ECRPB-112-14

10 November 2014

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229230 ANNEX 49

Note from the Minister of Foreign Affairs of Nicaragua to the Minister of
Foreign Affairs and Worship of Costa Rica

Reference MRE/DM/DGAJST/456/11/14

11 November 2014

English Translation and Spanish Original

231232 Annex 49

The Minister of Foreign Affairs

Managua, 11 November 2014
MRE/DM/DGAJST/456/11/14

Your Excellency:

I refer to your note of 7 November 2014 (DM-AM-0707-14), in which you propose a visit to the
area of the caños subject to the Provisional Measures of the International Court of Justice of 22
November 2013 in the case “Certain Activities carried out by Nicaragua in the Border Area (Costa
Rica v. Nicaragua)”, with the sole purpose of “performing an inspection of the current conditions.”

In regard to your assertion of the “Costa Rican right of navigation on San Juan River…,” the
Government of Reconciliation and National Unity of the Republic of Nicaragua once again
reiterates to the illustrious Government of Costa Rica that the International Court of Justice, in its

judgment of 13 July 2009 in the case "Dispute regarding Navigational and Related Rights (Costa
Rica v. Nicaragua)", limits Costa Rica’s navigation rights solely and exclusively to navigation “for
purposes of commerce.”

In the spirit of good neighbourliness I hereby inform you that, as communicated in our note
MRE/DM-AJ/414/09/14 Nicaragua would be willing, on this occasion, to allow the entrance of
Costa Rican government personnel to perform mitigation works in the area of the caños, in
conformity with the aforementioned note. Furthermore, we call to mind that the pertinent measures
are included in RAMSAR report No. 77; consequently, what would correspond is performing the
works indicated in said report 77, which does not contemplate “performing an i nspection of the
current conditions” as proposed by you.

The Government of Nicaragua reiterates the importance of holding a prior meeting to finalise the
details related to your request.

I take this opportunity, Honourable Minister, to reiterate the assurances of my highest consideration.

Samuel Santos López

His Excellency
Manuel A. González Sanz
Republic of Costa Ricafairs and Worship

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234 ANNEX 50

Note from the Minister of Foreign Affairs and Worship of Costa Rica to the
Minister of Foreign Affairs of Nicaragua

Reference DM-AM-718-14

14 November 2014

English Translation and Spanish Original

235236 Annex 50

The Minister of Foreign Affairs and Worship

14 November 2014
DM-AM-0718-14

Excellency,

I refer to your note MRE-DM-DGAJST-456-11-14, dated 11 November 2014, in response to

my note DM-AM-0707-14 of 7 November 2014.

I must point out that this note was notified to Costa Rica on 12 November, on the same date
of the planned navigation of Costa Rican environmental protection personnel, as indicated in
my note DM-AM-0707-14 of 7 November and, in fact, after said navigation had already been
prevented by the military and immigration personnel in the Nicaraguan post at El Delta.

As documented in the minute that records the details of the events of 12 November,
Nicaragua’s personnel had prior knowledge that this navigation was planned to take place, but
argued that it “was not allowed by the International Court of Justice”, in spite that the Costa
Rican personnel showed copies of diplomatic notes MRE/DM-AJ/ 414/09/14 of 19 September

2014 and DM-AM-0574-14 of 22 September 2014, through which both countries had agreed
to the procedure by which this navigation would take place. This therefore suggests a
decision of Nicaragua to impede Costa Rica’s navigation related to the works for the closing
of the “east caño”, something which your note MRE-DM-DGAJST-456-11-14 seems to
confirm, in spite of the agreement reached by both countries to prevent situations like this one.

Your note MRE-DM-DGAJST-456-11-14 attempts to justify Nicaragua’s obstruction to the
Costa Rican mission of 12 November by suggesting that, since the purpose of the visit was
to “assess the current conditions in the area”, it falls outside of the scope ofthe actions
included in Ramsar’s Report N° 77. This excuse, Excellency, is not acceptable. W orks to

close the new caño constructed by your Governm ent in the no rthern sector of Isla
Portillos are complex, and it is only natural that visits to the area for planning purposes
are required, particularly in the context of an exceedingly increased volume of rain in
the region and level of the waters of the San Juan River, which greatly alter the

topography of the region. Costa Rica complied in good faith with the agreed procedure,
notifying Nicaragua in advance with more than the agreed 48 hours, and specifying the
names and identification of its personnel, as well as of the vessel. Under these
circumstances, there is no excuse for Nicaragua to have prevented Costa Rica’s
navigation. We would like to believe that such obstruction does not respond to a

deliberate attempt by your Government to impede the clos ing of the caño, or access of
Costa Rica personnel to the area where actions associated with the dredging program
are affecting the Costa Rican territory of Isla Calero, actions to which I refer in a separate
note.

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We regret having to interpret the aforem entioned actions, as well as your note MRE -

DM-DGAJST-456-11-14, as a flagrant breach of its navigational rights in accordance with the
Cañas-Jerez Treaty, and also of the mechanism agreed between the parties to facilitate the
implementation of the Order of Provisional Measures issued by the International Court of
Justice on 22 November 2013, as well as of the recommendations made by the Secretariat of
the Ramsar Convention in its Report N° 77. We request that Nicaragua refrains from

impeding any future navigation of Costa Rican personnel in connection with the closure of the
caño.

Accept, Sir, the assurances of my highest consideration.

Manuel A. González Sanz
Minister

His Excellency
Samuel Santos López

Minister of Foreign Affairs
Republic of Nicaragua

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240 ANNEX 51

Note from the Minister of Foreign Affairs of Nicaragua to the Minister of
Foreign Affairs and Worship of Costa Rica

Reference MRE/DM/677/12/14

2 December 2014

English Translation and Spanish Original

241242 Annex 51

The Minister of Foreign Affairs
Nicaragua
Managua, 2 December 2014
MRE/DM/677/12/14

Dear Minister:

I write to you in reference to your Diplomatic Note DM-AM-0774-11-14 of 2

December 2014.

In this regard, the Government of Reconciliation and National Unity of the Republic of
Nicaragua, would like to reiterate to the Illustrious Government of Costa Rica, that as

agreed by both p arties (DM -AM-0639-10-14 of 21 October 2014;
MRE/DM/AJ/439/10/14 of 27 October 2014) a Technical Meeting must be held prior to
the commencement of the works recommended by the Ramsar Report N° 77 of August
2014.

The Government of Reconciliation and National Unity of the Republic of Nicaragua,
reminds the Government of Costa Rica as indicated in the notes mentioned above, that
Nicaragua expressly proposed that the holding of the meeting is conducted in the City

of Managua, given that the work to be performed requires passing through Nicaraguan
Territory, so it is only natural that such Technical Preparatory Meeting takes place in
our country.

Additionally our Government further noted the importance of having the Ramsar

Secretariat accompanying the implementation of the measures indicated in its Report
No. 77 and invites the Government of Costa Rica to work jointly to establish a schedule
for the implementation of the measures suggested by RAMSAR in accompaniment by
its Secretariat.

Furthermore the Government of Reconciliation and National Unity of the Republic of
Nicaragua takes this opportunity to reiterate your Excellency its invitation for the
technical preparatory meeting in Managua, between 9 and 11 December 2014.

My Government wishes to state the will expressed in several occasionsto support by
whatever means necessary the implementation of the measures identified in the
RAMSAR Report No. 77, always in compliance with the order on provisional measures

of the International Court of Justice of 22 November 2013 and without prejudice of our
sovereign rights over the San Juan de Nicaragua River and the t erritory in dispute, a s
was established by the International Court of Justice in its Order of 8 March 2011.

Accept Excellency the assurances of my highest consideration,

Samuel Santos López

Mister
Manuel González Sanz
Minister of Foreign Affairs
Republic of Costa Rica

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245246 ANNEX 52

Note from the Minister of Foreign Affairs and Worship of Costa Rica to the
Minister of Foreign Affairs of Nicaragua

Reference DM-AM-774-11-14

2 December 2014

English Translation and Spanish Original

247248 Annex 52

The Minister of Foreign Affairs and Worship

1 December 2014
DM-AM-0774-11-14

Your Excellency,

In accordance with the procedure agreedupon by both our countries through diplomatic notes
MRE/DM-AJ/414/09/14 of 19 September 2014 and DM-AM-0574-14 of 22 September 2014,
in order to comply with the recommendations contained in the report of the Ramsar Advisory
Mission 77 and based on the Order of Provisional Measures of the International Court of

Justice of 22 November 2013 in the case of Certain Activities carried out by Nicaragua in the
Border Area, I wish to inform you that Costa Rica has planned to implement this procedure
and travel to the area of the new “caños” through the San Juan River, starting Thursday 4
December 2014. The purpose of this visit and the succeeding ones is to start the works

necessary to close the “caño este”.

For this purpose, the following group of Costa Rican environmental protection officials will
navigate through the San Juan River between Delta Costa Rica and the area of the new caños:

1) Erick Herrera Quesada (Administrator, Barra del Colorado Wildlife Refuge), boat captain.
I.D number: 7 0135 0102.

2) Eduardo Montero Cascante (Technical control and environmental protection,

Barra del Colorado Wildlife Refuge), boat captain. I.D number: 1 0962 0784.

3) Jesus Nazareth Granados Araya (Technical control and environmental protection,
of Barra del Colorado Wildlife Refuge), boat captain companion. I.D number: 3 0279 0052.

4) Miguel Montero Araya (Forest Engineer, Manager, Management of Natural Resources
ACTo), Coordinator of the inspection to new caños. I.D number: 1 0896 0804.

5) José Joaquín Vargas Mora (Officer of Natural Resources, responsible for the Wildlife
Management Program), technical support to t he Coordinator of the inspection to the new
caños. ID number: 7 1910 093.

6) Virgita Molina Sánchez (Legal Advisor ACTo), legal support for the visit to the new
caños. ID: 7 0117 0380.

The aforementioned officials, properly identified with their Costa Rican identity documents,

will navigate in as many occasions as required taking the materials to start the works related
to the closure of "caño este", and will do so in two boats, the first with an outboard engine of
25 horsepower , called "Calero", and the second with a motor of 50 horsepower, called
"Resbaladero", both owned by the Tortuguero Conservation Area.

The vessels will stop by and report every day to the authorities of your country at the
Nicaraguan border post of "Delta", both when entering and leaving the San Juan River.

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As agreed through the exchange of notes done through the International Court of Justice, this
notice is without prejudice to the positions of the parties regarding the Costa Rican right of
navigation on the San Juan River, in accordance with the Treaty Cañas-Jerez of April 15 1858

and its subsequent arbitral and judicial interpretations.

Costa Rica expects that this time the Government of Nicaragua will not hinder the Costa
Rican navigation that will take place in order to comply with the recommendation of the
Secretariat of the Ramsar Convention, based on the Order of the International Court of Justice

of November 22 2013.

I take this opportunity to reiterate the assurances of my highest consideration

Manuel A. González Sanz
Minister

His Excellency
Samuel Santos López

Minister of Foreign Affairs
Republic of Nicaragua

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252 ANNEX 53

Note from the Acting Minister of Foreign Affairs and Worship of Costa
Rica to the Minister of Foreign Affairs of Nicaragua

Reference DM-AM-789

4 December 2014

English Translation and Spanish Original

253254 Annex 53

The Minister of Foreign Affairs and Worship

San José, 4 December 2014

DM-AM-789-14

Your Excellency,

I refer to your note MRE/DM/677/12/14, dated 2 December 2014 in response to my
note DM-AM-0774-11-14 of December 2, 2014.

We do not share your assessment as to the notes that define the agreement between
Costa Rica and Nicaragua to facilitate navigation on the San JuanRiver, in order to

comply with the recommendations contained in the report of the Ramsar Advisory
Mission 77 and based on the Order for Provisional Measures of the International Court
of Justice of 22 November 2013 in the case "Certain Activities carried out by Nicaragua
in the Border Area". Your communication makes reference to notes DM-AM-0639-14

of October 21 (from Costa Rica to Nicaragua) and MRE-DM-AJ-439-10-14 of October
27 (from Nicaragua to Costa Rica), which do not correspond to the topic under
discussion.

Actually, this agreement on closing the "caño este" was formalized through diplomatic
notes MRE/DM-AJ/414/09/14 of 19 September 2014 (from Nicaragua to Costa Rica)

and DM-AM-0574-14 of 22 September 2014 (from Costa Rica to Nicaragua). These
notes do not mention a previous technical meeting as a requirement for the Costa Rican
navigation on the San Juan River to carry out works related to the closure of "caño
este". As to the accompaniment of the Ramsar Secretariat to this process that His

Excellency mentioned, I remind you that since the International Court of Justice issued
its Order of 22 November 2013, Costa Rica has been coordinating, as required, with the
Secretariat all matters relating to these works.

Therefore, we cannot accept the terms of your note. Since Costa Rica has complied with

the protocol formally agreed by both countries, the navigation scheduled for Friday 5
December 2014, communicated to Nicaragua in my note DM-AM-0774-11-14 of 2
December, will be maintained. Costa Rica expects Nicaragua to fully comply with that
agreement.

Additionally, as to the measurements on the San Juan River, the statement in your

communication, in the sense that an agreement was reached by the exchange of the
notes you mentioned, is not correct because up to date Nicaragua has not accepted the
invitation made by Costa Rica, and has not agreed to carry out flow measurements on
the sites in the Colorado and San Juan rivers.

While Costa Rica maintains its proposal for joint measurements in the Colorado and
San Juan rivers, it does not seem to make sense to hold a meeting for that purpose until
there is agreement between the parties on the measurement sites, because without this

basic agreement it will be difficult for a technical meeting to be productive. This detail
can be resolved simply by exchange of diplomatic notes. Costa Rica, through its note
DM-AM-0672 of 28 October 2014, accepted the measurement sites proposed by
Nicaragua. To the extent that Nicaragua accepts the sites proposed by Costa Rica, there

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will be the basic conditions necessary to hold a meeting. I therefore invite Your

Excellency to demonstrate Nicaragua’s good faith in this regard.

Please accept the assurances of my highest consideration.

Alejandro Solano Ortiz
Acting Minister

Your Excellency
Samuel Santos López
Minister of Foreign Affairs
Republic of Nicaragua

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258 ANNEX 54

Note from the Minister of Foreign Affairs of Nicaragua to the Minister of
Foreign Affairs and Worship of Costa Rica

Reference MRE/DM-AJ/478/12/14

5 December 2014

English Translation and Spanish Original

259260 Annex 54

The Minister of Foreign Affairs
Nicaragua

Managua, 5 December 2014
MRE/DM-AJ/478/12/14

Excellency,

I refer to your Note of 4 December 2014 (DM-AM-789-14), by which you inform us of
the difference of opinion regarding the Agreement between our countries in respect to

the implementation of the recommendations contained in the Ramsar Report N° 77.

While it is true that the diplomatic notes of 19 September 2014 (MRE-DM-
AJ/414/09/14) and 22 September (DM-AM-0574-14) do not mention a meeting, it was

agreed by the officials who held the previous conversations. Under this understanding is
that Nicaragua proceeds to send its note of 19 September with the General Procedures

for conducting the visit, which was subject and still remains to be subject to a prior
meeting because it is necessary to discuss further details.

On 21 October 2014 (DM-AM-0639-14) Costa Rica sends a Note by which it also

refers to the recommendations contained in the Ramsar Report 77, and which Nicaragua
answers on 3 November 2014 (MRE/DM-AJ/448/11/14. From this exchange it results

obvious that both parties differ significantly about the content of said report. Being that
the case, in that same note Nicaragua reiterates its willingness to hold a meeting “to

address all the details of such acti vities”. In other words, all activities contained in the
Ramsar Report N° 77 that Costa Rica pretends to carry out. From that point on both

parties continue in talks on a technical meeting.

As it can be observed, the issue about the need of a technical meeting was raised and
agreed upon from the beginning of the informal talks and all notes exchanged make

reference to the recommendations contained in the Ramsar Report N°. 77

Given the circumstances, Nicaragua proposes the rescheduling of the Costa Rican

expedition for 8 or 9 December and to use the same occasion to hold a Technical
Meeting in situ, either at the Nicaraguan post at Delta where Costa Rican vessels should
report or in a nearby location.

Please accept the assurances of my highest consideration,

Samuel Santos López

His Excellency
Manuel González Sanz
Minister of Foreign Affairs and Worship

Republic of Costa Rica

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263264 ANNEX 55

Note from the Minister of Foreign Affairs and Worship of Costa Rica to the
Minister of Foreign Affairs of Nicaragua

Reference DM-AM-0818-14

12 December 2014

English Translation and Spanish Original

265266 Annex 55

The Minister of Foreign Affairsand Worship

12 December 2014

DM-AM-0818-14

Your Excellency,

I am writing with reference to your note MRE/DM-AJ/478/12/14 from 5 December
2014, which was in response to my note DM-AM-0789-14 from 4 December 2014.

Costa Rica reiterates the position expressed in said note, in which we indicated that the

agreement reached between our two countries is solely that reflected in the exchange of
diplomatic notes MRE/DM-AJ/414/09/14 from 19 September 2014 (from Nicaragua to
Costa Rica) and DM-AM-0574-14 from 22 September 2014 (from Costa Rica to
Nicaragua). Therefore, my country rejects the interpretation made by Nicaragua of

alleged informal agreements and of the recommendations of the RAMSAR Secretariat.

Costa Rica regrets Nicaragua’s position, which has significantly delayed and hindered
the works for the closing of the “caño este”, which are essential to prevent irreparable
damage, as per the Order of Provisional Measures of 22 November 2013 issued by the

International Court of Justice. To the impediment of Costa Rica’s navigation by
Nicaragua that occurred on 12 November now be must added a more recent one, which
took place on 5 December, even though in both cases Costa Rica fully complied with
the terms formally agreed by both countries. There is no valid justification that can be

invoked to support these denials of entry.

Notwithstanding the foregoing, in order to prevent arguments that Nicaragua may
intend to use subsequently to try and justify the hindering of Costa Rican navigation on

the river related to the closing of the caño, and without detriment to its legal position,
Costa Rica communicates to your Illustrious Government that it is willing to hold a
meeting, at the facilities of the Nicaraguan Army at the Delta, on 17 December from
9:00 a.m. to 10 a.m. Costa Rica hereby clarifies that this meeting is not part of the

protocol agreed between both countries for navigation with purposes of closing the
caño, and is not related either to the joint measurements at the Colorado and the San
Juan rivers, originally proposed by my country. Independently of whether the topics are
addressed during the meeting, this does not entail in any manner that the works that

Costa Rica must perform shall be carried out as a joint mission.

After 10 a.m., independently of whether the meeting has been held, the Costa Rican
delegation will navigate to the site of the “caño este”, where it will begin the works
programmed for that occasion, which consist of an inspection of the current status of the

caño in the context of the higher volume of flow of the San Juan River.

The list of the government officials that will navigate between the Delta Costa Rica and
the area of the new caños is as follows:

1) Erick Herrera Quesada (Manager of the Barra del Colorado Wildlife Refuge),
boat captain. ID: 701350102.

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2) Miguel Aguilar Badilla (Environmental control and protection technician, posted
at the Barra del Colorado Wildlife Refuge), companion of the boat captain. ID:
109180911.

3) Miguel Araya Montero (Forestry Engineer, Manager of the ACTo Natural
Resources Management), coordinator of the inspection of the new caños. ID:
108960804.

4) Olman Mena Valverde ( Forestry Engineer, responsible for the Forestry

Management program, ACTo), technical support to the coordinator of the
inspection of the new caños. ID: 110410656.

5) Virgita Molina Sánchez (Legal Advisor to ACTo), legal support for entry to the

new caños. ID: 701170380.

The aforementioned government officials, duly identified with their Costa Rican ID
cards, shall navigate on two vessels, the first with a 25 HP outboard motor named

“Calero”, and the second with a 50 HP motor named “Resbaloso”, both property of the
Área de Conservación Tortuguero.

Please accept the assurances of my highest consideration.

Manuel A. González Sanz
Minister

Your Excellency
Samuel Santos López

Minister of Foreign Affairs
Republic of Nicaragua

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271272 ANNEX 56

Note from the Minister of Foreign Affairs of Nicaragua to the Minister of
Foreign Affairs and Worship of Costa Rica

Reference MRE/DM-AJ/482/12/14

15 December 2014

English Translation and Spanish Original

273274 Annex 56

The Minister of Foreign Affairs

Nicaragua

Managua, 15 December 2014
MRE/DM-AJ/482/12/14

Dear Minister:

I am writing with reference to your note DM-AM-018-14 dated 12 December 2014, received on

15 December of the current year through our Embassy in Costa Rica.

In this regard, on behalf of the Government of Reconciliation and National Unity, I emphatically
reject your claim that my country “has significantly delayed and hindered the works for the
closing of the caño este…” without justification.

Firstly, the prior meeting to carry out the works in the area which you identify as “Caño Este”
was agreed in the exchange of communications which Nicaragua may present at any time and

that are also held in possession by your Government. Secondly, this agreement was to carry out
repair works and not for inspection visits, which have already been previously performed.

On the other hand, Nicaragua regrets the incorrect interpretation given by Costa Rica to
RAMSAR mission report 077, and reiterates the position expressed in Note MRE/DM-
AJ/448/11/14 that the activities must be performed in conformity with said report and within the
limits ordered by the Court.

Nevertheless, although Nicaragua considers that the proposed works are unnecessary and

unjustified, in order to make it clear that Nicaragua is not “delaying” or “hindering” the works in
any way, my Government accepts the change of date which you propose to hold the technical
meeting prior to the beginning of works requested by you in the aforementioned note.

In this regard, Nicaragua calls to mind that for Costa Rica to be able to perform the navigation
indicated in its notes, it must comply with that established in Decree 79-2009, which has been

duly notified to your country.
As a token of Nicaragua’s cooperation so that Costa Rica can comply with the obligations

assigned by the ICJ in the Order of 22 November 2013, my government is beginning the process
in conformity with Decree 79-2009 so that it is able to navigate on the San Juan River from the
Delta to “Caño Este” to perform the inspection of the current status of the caño, as indicated in
your note.

On this occasion, to evidence our facilitation toward Costa Rica, although in your

aforementioned note the necessary permits are not formally requested, Nicaragua has takennote
of the vessels and government officials which you indicate will navigate on 17 December 2014,
requesting that you indicate the estimated time of this reconnaissance mission, so that it adjusts
to the schedule established in the aforementioned Decree.

275Annex 56

Nicaragua shall provide the Costa Rican officials with accompaniment and protection by
Nicaraguan personnel.

Furthermore, on behalf of my government I express our agreement on the time to begin the
meeting with the Costa Rican officials on 17 December 2014 at the facilities of the Nicaraguan

Army at the Delta, and consider it necessary, prior to the beginning of the reconnaissance
mission, for both parties to agree on the following aspects or points of the Agenda:

1.- Welcome by Nicaragua and presentation of the Nicaraguan Delegation.

2.- Verify compliance with that set forth in Decree 079.2009 for navigation.

3.- Coordinate navigation on the San Juan River to ensure compliance with the mission.

4.- Indicate each of the measure to be taken by Costa Rica to verify its compliance with the
Order of the International Court of Justice and that said measures will not affect Nicaragua’s San
Juan River.

5.- Any points which Costa Rica would like to address.

6.- Signature of the minutes of the meeting.

The Government of National Reconciliation and Unity of the Republic of Nicaragua reiterates to
the Illustrious Government of Costa Rica the need to agree on the aforementioned points.

Please accept the assurances of y highest consideration.

(Signed)

Samuel Santos Lopez

Mr. Manuel González Sanz
Minister of Foreign Affairs
Republic of Costa Rica

His Office

276Annex 56

277Annex 56

278Annex 56

279280 ANNEX 57

Note from the Acting Minister of Foreign Affairs and Worship of Costa
Rica to the Minister of Foreign Affairs of Nicaragua

Reference DM-AM-0826-14

16 December 2014

English Translation and Spanish Original

281282 Annex 57

The Minister of Foreign Affairsand Worship

16 December 2014
DM-AM-0826-14

Honourable Minister:

With reference to your note MRE/DM-AJ/482/12/14, dated 15 December 2014 and
received today, I wish to confirm that the Costa Rican personnel will appear at the
agreed time and place.

Nevertheless, Costa Rica objects to certain new aspects proposed by Nicaragua.

In previous notes my country has clearly stated its position regarding the works to close
the caño built by Nicaragua in an area subject to two orders of provisional measures
indicated by the International Court of Justice. Thus, this topic has already been

exhausted.

The condition now imposed by Nicaragua so that Costa Rica can perform the works to
close the caño in conformity with the order of the International Court of Justice of 22

November 2013, meaning compliance with the illegal Decree 79-2009, is a violation of
the judgment of the Court of 13 July 2009, and is therefore rejected by Costa Rica, as
has been informed to Nicaragua.

On the other hand, Your Excellency, I call to mind that in relation to the closing of the
caños the Court indicated that:

“Following consultation with the Secretariat of the Ramsar Convention and

after giving Nicaragua prior notice, Costa Rica may takeappropriate measures
related to the two new caños, to the extent necessary to prevent irreparable
prejudice to the environment of the disputed territory; in taking these
measures, Costa Rica shall avoid any adverse effects on the San Juan River;”

Thus, since it was not determined by the Court, the actions that Costa Rica takes in this
regard are not subject to Nicaragua’s approval.

Consequently, Costa Rica rejects points 2 and 4 of the agenda proposed by Nicaragua.

Nevertheless, our delegation will participate in the meeting to cover the aspects
exclusively relating to navigation, except for the aforementioned topics. I inform you
that the Costa Rican delegation indicated in my note from 12 December 2014 will be
accompanied by government official Ricardo Otárola Pacheco, ID number 1-726-598.

From Your Excellency with the highest consideration,

Eduardo Trejos Lalli
Acting Minister

Mr. Samuel Santos López

Minister of Foreign Affairs
Republic of Nicaragua

283Annex 57

284Annex 57

285286 ANNEX 58

Note from the Minister of Foreign Affairs and Worship of Costa Rica to the
Minister of Foreign Affairs of Nicaragua

Reference DM-AM-0832-14

18 December 2014

English Translation and Spanish Original

287288 Annex 58

The Minister of Foreign Affairsand Worship

18 December 2014

DM-AM-0832-14

Honourable Minister,

Yesterday, as we timely informed, the Costa Rican delegation listed in note DM-AM-
0818-14 from 15 December of the current year went to the post of the Nicaraguan Army
at the Delta to participate in the meeting proposed by your Government in note

MRE/DM-AJ/478/12/14 from 5 December. In this note Nicaragua proposed “to
reprogram the Costa Rican expedition to 8 or 9 December and to take advantage of that

same occasion to hold a Technical Meeting in situ.” Therefore, in conformity with the
terms of your note, it was understood that this time Nicaragua would not raise
objections to Costa Rican navigation on the San Juan River, which would be performed

to carry out works related to the closing of the “caño este” based on the understanding
expressed by both of our countries to the International Cour t of Justice in diplomatic
notes MRE/DM-AJ/414/09/14 of 19 September 2014 and DM-AM-0574-14 of 22

September 2014. Under this premise, Costa Rica accepted in good faith to participate in
the meeting, although it was never agreed to hold prior meetings as a condition for said
navigation.

My Government considers deplorable the attitude shown by Nicaragua yesterday. The
Costa Rican delegation was prevented, a third time, from navigating on the San Juan
River in order to perform works related to the closing of the caño este, in conformity

with the Order of Provisional Measures of 22 November 2013 and the recommendation
of the General Secretariat of the Ramsar Convention.

In addition, it was noteworthy that at least two Nicaraguan Vice-Ministers and a

numerous delegation of military personnel and government officials from the
Nicaraguan Ministry of Foreign Affairswere present, considering that it was a technical

meeting in which logistical matters were going to be addressed. Costa Rica deeply
regrets that Nicaragua took advantage of the good faith shown by Costa Rica to expose,
unnecessarily and at length, legal positions that it knew beforehand were unacceptable

for my country, and that were in no way part of the understanding established between
both countries to facilitate Costa Rican navigation on the San Juan River to be able to
close the “caño este”.

289Annex 58

It is thus evident, Your Excellency, that Nicaragua never had the intention of facilitating
said navigation, which is regrettable. Thus, Costa Rica leaves on record that due to the

inability to access the area of the “caño este” by river, Nicaragua shall be fully
responsible for any damage that occurs to the area.

Please accept the assurances of my highest consideration.

Manuel A. González Sanz
Minister

His Excellency
Samuel Santos López
Minister of Foreign Affairs

Republic of Nicaragua

290Annex 58

291Annex 58

292 ANNEX 59

Press Release of 26 October 1976 and Minutes of the Meeting of Liberia of

25 January 1977, in: Ministry of Foreign Affairs and Worship of Costa Rica
referring to the initiation of discussions of a maritime boundary in the
Pacific Ocean

Annual Report 1976-1977

Vol. I, pp. 156-160

English translation

293294 Annex 59

Annual Report

Ministry of Foreign Affairsand Worship

1976-1977

Submitted to the Legislative Assembly 13 May 1977

p. 156

Press Release

“Gathered here, on behalf of Nicaragua, the Ministers of Foreign Affairs, Economy and
Defence, and, for Costa Rica, the acting Minister of Foreign Affairs, and the Ministers of

Economy and Security, they conversed extensively on the differences existing between the
two countries, in the spirit of finding solutions in conformity with the existing cordial

relations and their traditional friendship, and approved the following resolutions:

1.- That both Governments will monitor, through their National Geographic Institutes, that
the publication of maps edited by their Official Institutions show the border between

Nicaragua and Costa Rica exactly as indicated by the international instruments in effect
between both countries.

2.- That both Governments will be vigilant that their authorities and officials do not
perform any acts that affect the territorial integrity and sovereignty of the other State.

3.- That there being no conflict regarding the borders, the National Geographic Institutes of

Nicaragua and Costa Rica shall restore markers 2 to 4 of the border, and will place
intermediate markers, at the number deemed convenient, to facilitate the identification of

the border with the rest of the border line.

4.- That both Governments will take all adequate measures to prevent that in the territory of
their corresponding States subversive activities being carried out that attempt to alter the

public order and peace of the other state.

5.- That those employers who hire temporary workers from the other country commit to

repatriate those workers once their contract is completed.

6.- That the captains and crew of fishing boats detained for illegal fishing shall begranted
full freedom, as soon as possible , once legal processes have been complied with, and the

seized boats shall be returned in a similar working state to that which they had at the time
of their capture.

7.- That in order to prevent future problems regarding fishing, the Geographic Institutes of

both countries shall begin studies on the delimitation of the borders of the maritime spaces

295Annex 59

of both countries, and t hat the Ministries of the Economy and the Ministry of Agriculture

and Livestock in Costa Rica shall establish a mechanism for the possibility of granting
reciprocal licenses to the fishing boats of the other country.

In addition to the above resolutions, it was deemed convenient, to reaffirm the excelle nt

relations that have always existed between the two countries, to hold soon a meeting of the
Honourable General Anastasio Somoza Debayle and Licenciado Daniel Oduber, Presidents

of Nicaragua and Costa Rica, respectively.”

La Virgen, Departamento de Rivas, Nicaragua, October 26, 1976.

II MEETING OF PRESIDENTS

The Presidents of both countries accepted the recommendation contained in the Press
Release of the Meeting of Cibalsa, and decided to meet in Managua, Nicaragua, on

November 5, 1976. T he Ministries of Foreign Affairs did not agree to an agenda
beforehand. As a result of this gathering the following joint communiqué was issued:

“Gathered here, the Presidents of the Republics of Nicaragua and Costa Rica, General
Anastasio Somoza Debayle and Licenciado Daniel Oduber,

Agreed the following:

1.- To express their appreciation of the resolutions approved by the Ministers at the meeting
held in La Virgen, Departamento de Rivas, on October 26, 1976.

2.- To express their conviction that by complying with these resolutions the differences

between both countries will be fully resolved.

3.- To reiterate their determination to maintain unaltered the cordial relationships and the

traditional friendship between Nicaragua and Costa Rica.

4.- To e xpress their satisfaction with the recent signing of the Mediation Agreement
between El Salvador and Honduras, and hope that it resolves the controversies existing

between them.

5.- To r eiterate their wishes that the works to restore the Central American Common

Market conclude as soon as possible.

Managua, Nicaragua, 5 November 1976.

(signed) Anastasio Somoza Debayle (signed) Daniel Oduber

296 Annex 59

III MEETING OF LIBERIA

In order to monitor the progress achieved in compliance with the agreements of Cibalsa, a
new meeting of Nicaraguan and Costa Rican officials was organized. It was held in Liberia,

Guanacaste, on 25 January 1977, with the participation of the Ministers of Foreign Affairs,
the Economy, Industry, Commerce and Agriculture of both countries, the Ministry of
Public Security of Costa Rica and of Defence of Nicaragua, and the directors of the

corresponding geographic institutes and advisors of both Ministries of Foreign Affairs.

AGENDA OF THE MEETING

1.- Work performed for the demarcation of territorial and maritime limits.

2.- Agreement for joint exploitation of the maritime wealth in the border area.

3.- Information regarding the return of boats.

AGREEMENTS REACHED AT THE MEETING OF LIBERIA, COSTA RICA, ON 25
JANUARY 1977

1.- The report presented by the Directors of the National Geographic Institutes, regarding
the establishment and densification of the markers between points No. 2 and No. 6 of the
border areas, was accepted and deemed satisfactory. The Directors expressed that during

1977 approximately 25 concrete markers will be placed, along with a total of 50 magnetic
reference markers, covering a distance of 11.5 kilometres of tracks, 10 metres wide.

2.- The National Geographic Institutes shall continue with the studies to delimit the
maritime borders between the two countries, and the results of the corresponding studies of
both Governments shall be presented before March 31 of this year, in conformity with the

international standards applicable to this matter.

3.- The Ministry of the Economy of Nicaragua and of Agriculture and Livestock of Costa

Rica shall begin conversations to prepare a temporary agreement establishing a fishing
border area for both countries, while the final maritime delimitation is made, also agreeing
to convenient conversation measures and the sanctions that shall be imposed to nationals of

297Annex 59

the other country who fish without permission outside of the indicated area. The Ministers

mentioned will present the proposal on the above topics before 28 February of this year.

4.- In relation to the return of the boats , the case of “Acuario L” and “El Don Tomás,” this
has been resolved in a satisfactory manner, therefore both will be returned.

In the case of the boat “La Chocoyona,” an agreement wasreached that it shall be repaired
within 45 days, under the supervision of its owner; in addition, a sum of 10.000 Córdobas
shall be provided as compensation.

Regarding the boat “El Eduardito,” the interested parties are holding conversations, which
shall conclude this afternoon with an agreement of the sum to be paid.

With regard to “La Talita,” the boat will be delivered in functioning conditions within 30

days; in addition, a sum of 8.000 Córdobas will be provided as compensation.

Regarding the boat “Santa Cecilia”, case which was not considered in the Cibalsa

Agreement, but is presented as a claim at this time, will be studied by both Governments,
soon and willingly.

5.- The Government of Nicaragua commits to return the boats “San Martín” and

“Margarita” as soon as the proceedings of this agreement are completed.

Liberia, Costa Rica, 25 January 1977.

To date, all boats have been released and returned to their owners,task that was assigned to

the Ministries of Public Security and Defence of Costa Rica and Nicaragua, respectively.

In relation to section 2) of the Agreement of Liberia, the delimitation of the maritime

border in the Pacif ic Ocean is still being studied. With regard to section 3) of the same
agreement, the National Geographic Institute and this Ministry of Foreign Affairs are
studying a proposal of the Nicaraguan Government.

298 ANNEX 60

Minutes of the First Meeting of the Sub-Commission on Limits and

Cartography

7 November 2002

English Translation

299300 Annex 60

MINUTEOF THE FIRST MEETING OF THE SUB-COMMISSION OF LIMITS AND

CARTOGRAPHY

San José, 7 November 2002

Held at the premises of the Ministry of Foreign Affairs and Worship of the Republic of

Costa Rica, and in compliance with the agreement reached by the Vice-Ministers of
Foreign Affairs of the Republic of Nicaragua and the Republic of Costa Rica on 6

September 2002 to begin conversations conducive to defining the maritime delimitation
between both countries. The delegations were comprised of the following individuals:

For the Republic of Nicaragua:

Dr. Julio Cesar Saborío Argüello
General Director of Sovereignty, Territory and International Legal Matters

Ministry of Foreign Affairs

Dr. Alejandro Montiel Argüello

Legal Advisor
Ministry of Foreign Affairs

Lic. Ligia Margarita Guevara Antón

General Department of Sovereignty, Territory and International Legal Matters
Ministry of Foreign Affairs

Pedro Miguel Vargas, Eng.
General Director of Geodesy and Cartography

Nicaraguan Institute of Territorial Studies

Gonzalo Medina, Eng.

Technical Advisor
Department of Geodesy and Cartography

Nicaraguan Institute of Territorial Studies

Dr. Ricardo Wheelock Román
Chief of the Center of Military History
Nicaraguan Army

Lic. Carlos Arroyo Borgen

International Relations Advisor
Ministry of Defence

301Annex 60

Lic. Mauricio Díaz

Nicaraguan Ambassador in Costa Rica
Margarita Guerrero de López
Advisor

Nicaraguan Embassy in Costa Rica

For the Republic of Costa Rica:

Dr. Carlos Alvarado

Advisor of the Minister of Public Security and ad-hoc Advisor of the Ministry of Foreign
Affairs

Ambassador Rodrigo Carreras

Director of the Manuel María de Peralta Diplomatic Institute

Ambassador Alvaro [sic] Antillón

Advisor to the Minister
Ministry of Foreign Affairs

Eduardo Bedoya, Eng.

Director of the National Geographic Institute

Master Clotilde Obregón

Advisor of the Ministry of Foreign Affairs

Master Sergio Ugalde
Coordinator of the Commission on International Law

Ministry of Foreign Affairs

Master Arnoldo Brenes

Advisor to the Minister
Ministry of Foreign Affairs

Master Adriana Murillo
Member of the Commission on International Law

Ministry of Foreign Affairs

The Costa Rican Minister of Foreign Affairs gave the welcoming remarks, and both
countries congratulated each other on the new era of neighbourly relations, characterized by

ties of brotherhood and good neighbourliness, and willingness to strengthen cooperation in

302 Annex 60

sustainable development. In this regard, it was noted that it would be timely to review the
discussions on maritime delimitation that took place in Cibalsa in 1976.

According to the agenda established and approved by the Sub-Commission, the first point
of the meeting was reaching the following agreements to be passed on to the Vice-Ministers

of Foreign Affairs for their consideration:

I.- Creation of a database with documentary and cartographic material

Based on the agreements of the Final Minutes of the IV Bi -national Meeting Nicaragua-

Costa Rica, held in Granada, Nicaragua, on 12 and 13 May 1997, having updated the list
indicated therein with the most recent material, it was decided:

I.1.- To use the following cartographic material as an open list, with the possibility of

including new documents in the process:

a. Map “21547. Central America. NICARAGUA-COSTA RICA, San Juan del Sur and

Approaches, Mercator Projection, World Geodetic System (WGS)” 1:75 000. Prepared and
published by Defense Mapping Agency Hydrographic/Topographic Center, second edition,

1995.

b. Nautical Chart “OMEGA 21540, West Coast, NICARAGUA-COSTA RICA. Corinto to
punta Guiones, Mercator Projection, World Geodetic System (WGS), 1972 Datum” 1:300

000. Prepared and published by Defense Mapping Agency Hydrographic/Topographic
Center, 36th edition, 1995.

c. Nautical Chart “OMEGA 21500. North Pacific Ocean, CentralAmerica – West Coast.
Punta Remedios to Cabo Matapalo. Mercator Projection, World Geodetic System (WGS),

1972 Datum” 1:1 000 000. Prepared and published by Defense Mapping Agency
Hydrographic/Topographic Center, 1st edition, 1994.

d. Map “28110. Central America – East Coast. NICARAGUA-COSTA RICA, Laguna de

Perlas to Río Colorado. San Juan del Sur and approaches. Mercator Projection, World
Geodetic System (WGS)” 1:175 000. Prepared and published by Defense Mapping Agency

Hydrographic/Topographic Center, second edition, 2001.

e. Map “LORAN C. 28006. Caribbean Sea. Southwest Part. Mercator Projection, World
Geodetic System (WGS)” 1:1 200 000. Prepared and published by Defense Mapping

Agency Hydrographic/Topographic Center, 1st edition, 1992.

f. Map 1025, Central America, West Coast of Nicaragua and Costa Rica. SALINAS BAY.
th
Published in 1887, Hydrographic Office, Secretary of the Navy, 14 edition.

g. Topographic sheets at a scale of 1:50 000; “Bahía Salinas”, edition 2-IGNCR, 1998.
Lambert projection. Clarke’s spheroid of 1866, Ocotepeque fundamental. National

303Annex 60

Geographic Institute, Costa Rica, with the collaboration of the General Department of

Cartography, Nicaragua, and the Inter-American Geodetic Survey, and Caribbean Sea
(Punta Castilla), National Geographic Institute, Costa Rica. “ Punta Castilla”, edition 2-

IGNCR, 1998. Lambert projection. Clarke’s spheroid of 1866, Ocotepeque fundamental.
National Geographic Institute, Costa Rica, with the collaboration of the Inter-American
Geodetic Survey.

h. Topographic sheets with scale 1:200 000: “Liberia“, CR-2CM-1. Lambert projection,
Clarke’s spheroid of 1866, Ocotepeque fundamental. National Geographic Institute, Costa

Rica, with the collaboration of the Inter-American Geodetic Survey. “Barra del Colorado,”
CR-2CM-3. Lambert projection, Clarke’s spheroid of 1866, Ocotepeque fundamental.
National Geographic Institute, Costa Rica, with the collaboration of the Inter-American

Geodetic Survey. “San Carlos ” CR-2CM-3. Lambert projection, Clarke’s spheroid of
1866, Ocote peque fundamental. National Geographic Institute, Costa Rica, with the

collaboration of the Inter -American Geodetic Survey. “Nicoya”, CR-2CM-3. Lambert
projection, Clarke’s spheroid of 1866, Ocotepeque fundamental. National Geographic

Institute, Costa Rica, with the collaboration of the Inter-American Geodetic Survey.

i. Topographic sheets at a scale of 1:250 000 of the Americas Series, for the Pacific Ocean
and Caribbean Sea.

j. Nautical Chart Cabo Gracias a Dios to Puerto Colombia N° 26,000.

k. Topographic sheets at a scale of 1:50 000 from INETER

l. Aerial photographs at different scales, recent and old ones.

m. Satellite, scan or radar images, at different scales.

I.2 Include all cartographic information in an integrated information system for use by both
countries.

I.3 Use the following legal instruments:

a. Jerez-Cañas/Cañas-Jerez Treaty of Limits, Nicaragua-Costa Rica 1858.

b. Grover Cleveland Award of 1888

c. Decisions of Engineer E.P. Alexander (Awards N° 1 to 15)

d. Domestic law of both countries

e. International law binding on both countries

f. United Nations Convention on the Law of the Sea (1982)

304 Annex 60

g. Handbook on the delimitation of maritime boundaries of The Division for Ocean

Affairs and the Law of the Sea of the United Nations.

I.4.- Both delegations exchange cartographic and legal material.

II. Determination of aspects that will require international technical cooperation

Both delegations highlighted the importance given by the Vice-Ministers of Foreign Affairs
to the possibility of assistance from The Division for Ocean Affairs and the Law of the Sea

of the United Nations. In this regard, it was agreed:

II.1.- To guarantee and celebrate the technical capacity of the corresponding cartographic
institutions represented by the Nicaraguan Institute of Territorial Studies and the National

Geographic Institute of Costa Rica.

II.2.- Instruct the Ambassadors of both countries before the United Nations to jointly
request a detailed inventory of the possibilities of cooperation, both financial a nd technical,

to The Division for Ocean Affairs and the Law of the Sea of the United Nations, following
up on the note dated 6 September, sent by our Vice-Ministers of Foreign Affairs to the

Secretary General of the Organization.

II.3.- In a parallel manner, request the cartographic institutions of both countries to begin an
inventory of the actions to be followed, resources that will be required during the process,

and derived technical and financial needs.

III.- Consideration of the possible contents of the agreement to be signed

The Sub-Commission agreed to propose to the Vice-Ministers of Foreign Affairs that the
delimitation agreement shall include, among other, the following components:

a. Resolution of potential disputes

b. Sustainable management of marine resources, including fishing and its commercial
regulation

c. Conservation and protection of biodiversity

d. Exploration and exploitation of hydrocarbons

e. Security, including the fight against drug trafficking, illegal fishing and illegal trafficking
of persons

f. Cross-border contamination

g. Scientific and oceanographic cooperation

305Annex 60

Both delegations expressed their interest in addressing and developing these topics in the

future. Similarly, they expressed their enthusiasm regarding the possibility of developing an
agreement based on the most modern international legal framework.

IV.- For purposes of the future work program, it is agreed that on 12 December 2002 the

cartographic institutions shall meet in Liberia, Costa Rica, to assess the resources required,
basic principles and delimitation method, and to discuss the respective proposals regarding

the work of the Cabinet.

V.- It was agreed that the second meeting of the Sub-Commission on Limits and
Cartography shall take place on 6 and 7 February, 2003, in Nicaragua.

[signature] [signature]

306 ANNEX 61

National System of Conservation Areas, Tortuguero Conservation Area

Log of the meeting held on the premises of the Nicaraguan army post in the
Delta to notify the entry by the San Juan River in order to navigate to the
disputed area declared by the International Court of Justice

17 December 2014

English Translation

307308 Annex 61

NATIONAL SYSTEM OF CONSERVATION AREAS
TORTUGUERO CONSERVATION AREA

Legal Advisory

LOG OF THE MEETING HELD ON THE PREMISES OF THE NICARAGUAN ARMY
POST IN THE DELTA TO NOTIFY THE ENTRY BY THE SAN JUAN RIVER IN
ORDER TO NAVIGATE TO THE DISPUTED AREA DECLARED BY THE

INTERNATIONAL COURT OF JUSTICE IN ISLA PORTILLOS
COSTA RICA v. NICARAGUA

At fourteen hours of seventeen December of 2014, present at a place named Delta Costa Rica, of

the San Antonio Village, Llanuras del Gaspar District, Canton of Sarapiquí in the Province of
Heredia, we proceed with the opening of the minute of the meeting held in the Nicaraguan Army
post for the purpose of notifying the entry by waterway on the San Juan river to the area
declared in dispute by the International Court of Justice (ICJ), related to the works for the closing

of the eastern “caño” in Isla Portillos. This on the basis of the Ordeof ICJ of 22 November,
2013, where new provisional measures in the case "Certain Activities of Nicaragua in the Border
Area (Costa Rica v. Nicaragua) were indicated.
8:38 hours: The Costa Rican environmental authorities designated to start the works of closure

of the eastern “caño”, along with the officer of the Ministry of Foreign Affairs and Worship,
Ricardo Otárola Pacheco, arrived to the police control post at Delta Costa Rica.
9:05 hours: The transportation t owards the Delta Nicaragua control post is carried out on the
boat named “Calero” commanded by captain Erick Herrera Quesada, identity card number 7-135-

102, along with the following environmental protection personnel onboard: Eng. Miguel Montero
Araya, identity card number 1-896-804, Olman Mena Valverde, identity card number 1-1041-
656, Miguel Aguilar Badilla, identity card number 1-918-911, Licda Virgita Molina Sánchez,
identity card number 7-117-380 and the official of the Ministry of Foreign Affairs and Worship

Ricardo Otárola Pacheco, identity card number 1-726-598.
9: 10 hours: Arrival to Delta Nicaragua control post. Since they observe us arriving by the
River, various members of the Nicaragua army come out and wait for us in the dock; some of
them were taking photographs. Commander “Jirón” comes out directly to greet us and offers help

to dock our boat. We proceed to disembark and we are directed to the facilities of the
Immigration and Foreigners Department.
9: 15 hours: On the way to those facilities, Mr. William Borges, officer of the Immigration
Department of Nicaragua introduces himself and asks for my identification card and those of my
colleagues. I give him the note DM-AM-0818-14 of 12 December 2014, signed by the Foreign

Minister of Costa Rica, Manuel González, notifying of our navigation on that day and the list of
personnel integrating the mission, and the name and information of the boat. Since the meeting
was about to start, our identity cards eventually were not requested.
9: 18 hours: Once on the Nicaraguan Immigration Department facilities, the Nicaraguan

delegation whose members do not carry identification, welcome us. Mr. César Vega, Vice
Minister of Foreign Affairs proceeds to introduce the members of the delegation and indicates
that they are Mr. Roberto Araquistain, Vice Minister of Environment and Natural Resources;
Colonel Walner Molina, Legal Adviser of the Nicaraguan Army; Álvaro Rivas, Head of the

Army Detachment; Lester Quintero, Head of the Nicaraguan Ports Company (EPN), Ambassador
Julio Saborío, Legal Director of the Foreign Ministry of Nicaragua, a notary public named
1 / 5
Dirección: Contiguo al Puente sobre el Río Santa Clara, Barrio Diamantes, Jiménez, Pococí, Limón
Tel. (506)2710-2929 • Fax: (506)2710-7673 •
www.sinac.go.cr

309Annex 61

NATIONAL SYSTEM OF CONSERVATION AREAS
TORTUGUERO CONSERVATION AREA
Legal Advisory

Carolina (no surname recorded), and Mr. Silvio Meza.
9: 21 hours: The Costa Rican delegation, which consists of Mr. Erick Herrera Quesada, Miguel

Montero Araya, Olman Mena Valverde, Miguel Aguilar Badilla, Virgita Molina Sánchez and
Ricardo Otárola Pacheco, is formally introduced.
9:22 hours: The meeting formally begins and an exchange of views between the two sides,
reproduced below in general terms, develops. It is necessary to clarify that the reconstruction of

the interventions of each participant is madefrom hand written notes taken at the moment, and
thus, the following reflects general ideas fromeach intervention instead of an exact transcription
of what was said.
Ricardo Otárola: Thanks for the welcome given.

Viceminister César Vega: Requests the approval of the established agenda, a copy of which is
distributed on the spot.
Ricardo Otárola: Indicates Costa Rica has replied about the items in the agenda, by letter DM-
AM-0826-14, rejecting points 2 and 4 of the proposed agenda.

Viceminister César Vega: Requests the verification of compliance with the regulations included
in the Decree 079-2009, arguing that such compliance is essential to Nicaraguan law, andthey
have the right and duty to enforce it.
Ricardo Otárola: Indicates that if the Nicaraguan delegation wishes to proceed with the
verification of compliance with Decree 079-2009 the Costa Rican delegation could not stop it,

but notes that on Costa Rica’s view the decree is illegal for being contrary to the Judgment of the
International Court of Justice of 2009.
Viceminister César Vega: Indicates that he considers striking that Costa Rica qualifies
Nicaraguan Legislation, and especially that it considers it illegal.

Ricardo Otárola: Clarifies that it is illegal from the point of view of international law.
Viceminister César Vega: Requests Ambassador Julio Saborio collaboration I order to do a
reading of the judgment of the Court:
Ambassador Julio Saborio: Quotes paragraph 85 of the 2009 ICJ Judgment, indicating that,

according to the judgment, Nicaragua has the power to regulate navigation; Costa Rica is entitled
to navigate and Nicaragua to regulate.
Ricardo Otárola: Indicates that it is not convenient to start a debate over that subject since an
agreement in that regard would not be achieved.

Viceminister César Vega: Expresses his concern that if the verification of compliance with
Decree 079 takes place, it could be that the Costa Rican boat does not comply and therefore the
Costa Rican delegation could not navigate.
Ricardo Otárola: Indicates that if the delegation of Nicaragua performs the verification, the

Costa Rican delegation could not stop it, but that the purpose of the mission is to carry out a
reconnaissance of the river conditions that is necessary for the navigation required for the closing
the “caño”.
Colonel Molina: Indicates he does not agree with the Decree being put into question and it being

said that it violate s international law, indicating that Nicaragua does not have clarity of how
Costa Rica would perform those works, and that it is concerned that the navigation is done in a
safe manner, because of the risk of crashing against the tree branches or that vessels are turned
over.

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310 Annex 61

NATIONAL SYSTEM OF CONSERVATION AREAS
TORTUGUERO CONSERVATION AREA
Legal Advisory

Viceminister César Vega: Insists that no government may question the Nicaraguan legislation,

Nicaragua has “sovereign jurisdiction” over the river, and that Costa Rica has a limited right of
navigation and, for that reason, the Decree is necessary to make navigation safe, moreover, they
have the duty to take care of the river, which is a patrimony of Nicaragua.
Colonel Molina: Indicates that the Decree does not discriminate against Costa Rica.

Viceminister Roberto Araquistain: Indicates that he is concerned about the measures that can
be taken for closing the “caño”. Costa Rica's main objective is to close the river, through the
accumulation of sacks filled with sand and gravel to construct the dykes, and that they in it don’t
find environmental engineering. He considers that hydrological and geomorphological studies

must be done as well as studies on vegetation, indicating that if there is clarity on the situation
something more appropriate than the accumulation of sacks can be designed. Nicaragua wants to
help in this regard, because they have studies of the area, they believe that the Ramsar proposal is
positive because it indicates that studies to restore nature are necessary, resulting in something
stronger than dikes, they have materials here and there is no need for Costa Rica to bring them.

Viceminister César Vega: Requests a joint appraisal of the documents between Costa Rica and
Nicaragua, because no document refers to “closing”, it refers to “measures” that have to be taken
to avoid adverse situations.
Colonel Molina: Indicates that the closure can only b e ordered by the Court and its O rder does

not say it.
Ricardo Otárola: Clarifies that the meeting is to coordinate access to the area, itis not a request
to authorize navigation, nor a meeting to discuss the actions of Costa Rica; at this time the river is
higher and studies indicate that when it is in that state there is more risk that the “caño” connects

to the sea, that is why a preventive closing, as recommended by Ramsar is necessary to avoid
irreparable harm.
Viceminister Roberto Araquistain: Indicates that because of that reason is that you have to
know the dynamics of the river to avoid a flood and prevent the dyke that Costa Rica wants to

build to close the “caño” breaks. He finds it very hasty and that these dykes do not contribute
anything positive, so something better must be done. He indicates that the bay was larger when
Alexander did his studies and therefore something more structured should be thought about, with
more engineering.

Ricardo Otárola: Indicates that their concerns will be transmitted to the Government of Costa
Rica. However, it is clear that we are currently on a missionthat has to be fulfilled and therefore
it is better to discuss the agenda items and asks them to indicate if it is possible to advance in
those items.

Viceminister César Vega: Indicates that the penultimate letter of Nicaragua referred to both
countries working together jointly, and that he is concerned about point 4 in the agenda, which is
very important because the Court indicated that measures should be taken, that is very different
of a “closure”, that Order does not include that.

Colonel Molina: Informs that during the morning he could observe that the river is calm; that the
“caño” is clean and there is no current entering it; that the place is intact, and there is no rainfall
in the area, or water pollution in the caño.
Viceminister César Vega: Indicates that he sees no risk of environmental damage, and that it is
appreciable that in one year there haven’t been any damages.

3 / 5
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311Annex 61

NATIONAL SYSTEM OF CONSERVATION AREAS
TORTUGUERO CONSERVATION AREA

Legal Advisory

Virgita Molina: Makes a brief explanation of the need for this reconnaissance and that if
Nicaragua is really concerned about the works and the possible damages, the more reason to
consider necessary the navigation of the environmental personnel.

Viceminister César Vega: Indicates that he does not wish to obstruct, but considers that there is
no agreement.
Colonel Molina: Indicates that they cannot authorize navigation for an inspection mission as if it
was independent of the closure works, because afterwards other navigation missions would take

place for the closure works, and they believe that these works should not be done.
Ricardo Otárola: Indicates that the measure of closure is not negotiable and that the inspection
of the site by the environmental delegation is necessary.
Viceminister Roberto Araquistain: Indicates that they disagree with the decision to close the
“caño”, since Ramsar did not order to construct structures, and therefore studies should be done ;

that they are very respe ctful of the preventive principle so Nicaragua calls to perform more
studies, because they cannot accept an “a priori” solution without studies, furthermore that the
flow of waters in the area is not superficial but it is all underground.
Viceminister César Vega: Furthermore, indicates the situation that Costa Rica wants to verify

can only be appreciated visiting the site by air.
Ricardo Otárola: Indicates Costa Rica requires to verify the current status of the site and
clarifies that the measures that are to be taken were communicated to the Court so Costa Rica will
not negotiate them.

Viceminister Roberto Araquistain: Indicates that the measures were not communicated to
Nicaragua, that Nicaragua maybe did not have to approve them, but they should have being
officially communicated and to date they are still waiting.
Ricardo Otárola: Clarifies that the Court notifies the parties and that Costa Rica knows

Nicaragua is informed of the measures, because after Costa Rica submitted its report to the Court,
Nicaragua submitted a corresponding report answering that of Costa Rica. At that time Mr.
Otarola offers a copy of the project.
Viceminister Roberto Araquistain: Requests the official communication of the document. He

also indicates that Nicaragua considersthat the measures are not appropriate as recommended by
Ramsar and the ICJ orders, so it cannot be spoken about closure, these are points that have to be
agreed between Nicaragua and Costa Rica.
Ricardo Otárola: Indicates that an agreement between Costa Rica and Nicaragua on these issues

is not derived from that Order by the Court. Therefore respectfully requests to be informed if
entry will be allowed. Adds that Costa Rica accepted the meeting in good faith to inform about
the logistics of the navigation and not for a negotiation of this nature.
Viceminister César Vega: Indicates that he is clear that Costa Rica has a “closure” mission and

that the situation would be different if the reconnaissance was only to observe, but not to close
and that cannot be done using the river that is Nicaraguan territory. Indicates that Nicaragua will
make a record of the meeting indicating that it was conducted in a fraternal way.
10:05 hours: The meeting ends.

10:30 hours: We arrived back to the police post at Delta Costa Rica. The log is issued in the
offices of the Tortuguero conservation area.
14: 00 hours: That is all. I proceed to close this log and to that effect my signature and stamp as
4 / 5
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312 Annex 61

NATIONAL SYSTEM OF CONSERVATION AREAS
TORTUGUERO CONSERVATION AREA

Legal Advisory

legal adviser of the Tortuguero Conservation area are stamped.

M.Sc. Virgita Molina Sánchez

Legal Adviser
ACT / SINAC

5 / 5
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www.sinac.go.cr

313314 ANNEX 62

Affidavit of Mr. Victor Julio Vargas Hernandez, recorded by Notary Public,
Mr. Gustavo Arguello Hidalgo

Deed no. 177-9

17 July 2014

English Translation and Spanish Original

315316 Annex 62

Translation

NUMBER ONE HUNDRED SEVENTY-SEVEN –NINE: Before me, GUSTAVO ARGUELLO HIDALGO,

Notary Public with office in San JoséSan Pedro deMontes deOca, Barrio Dent fifty metres south of Consejo

Monetario Centroamericano, at the Boulevard, appears Mr. VICTOR JULIO VARGAS HERNANDEZ, Costa

Rican, of legal age, single, farmer, who resides in Alajuela ProvincSanta Rosa de la Palmera, bearer of ID

number five – zero one hundred forty-three – zero two hundred ninety-nineAND INDICATES THAT: Having

knowledge of the penalties imposed by law for perjury and false testimony, he declares under oath that: FIRST:

For thirty-three years he has been the owner of a farm located in the vicinity of the right bank of San Juan River, at

the location known asCaño Venado, in the Cutris district of San CarlosSECOND: That due to the limitations

on production and development of the area he contacted representatives from Cooperativa de Servicios

Ambientales yAgroecoturísticos Coopeagrotur R. L., located at BocTapada de San Carlos, to request advice for

the development of agro-tourism activities at his farm, to obtain a better income for his support and that of his

family. THIRD: That for that purpose he paid MrMáximo Solano, boat operator of the area, the amount of one

hundred twenty thousand colones, approximately two hundred thirty US dollars, to transport representatives of

the Cooperative from Boca de San Carlos to his farm, for which it was necessary to navigate a stretch of San Juan

River, on Thursday the twenty six of June two thousand and fourteen. FOUR: That these persons were unable to

reach the farm given that they were prohibited from navigating San Juan River by soldiers of the Nicaraguan Army,

situation which he confirmed in person with the individuals who travelled. That is all which he wishes to testify. I

advised the deponent of the legal value and transcendence of what he stated. I hereby issue a first testimony thereof.

This document was read out loud, accepted by the deponent and signed in San José at fifteen hours of July

seventeen two thousand and fourteen.***********************************************************

***************************************************************************** **** VICTOR

JULIO VARGAS HERNANDEZ *** GUSTAVO ARGUELLO HIDALGO *** THE FOREGOING IS AN

EXACT COPY OF DEED NUMBER ONE HUNDRED SEVENTY-SEVEN –NINE, VISIBLE AT THE FRONT

OF PAGE ONE HUNDRED FIFTY-SEVEN OF BOOK NINE OF THIS NOTARY’S PROTOCOL. CHECKED

AGAINST THE ORIGINAL, IT IS FOUND CORRECT, AND I ISSUE IT AS A FIRST TESTIMONY THEREOF

IN THE SAME ACT OF GRANTING OF THE ORIGINAL.

GUSTAVO ALBERTO ARGUELLO HIDALGO

(Signature)

(Stamps)

1 4 2 3 3 7 6

317Annex 62

318Annex 62

319320 ANNEX 63

Affidavit of Mr. William Vargas Jimenez, recorded by Notary Public,
Mr. Gustavo Arguello Hidalgo

Deed no. 178-9

21 July 2014

English Translation and Spanish Original

321322 Annex 63

Translation

NUMBER ONE HUNDRED SEVENTY -EIGHT -NINE: Before me, GUSTAVO ARGUELLO

HIDALGO, Notary Public with office in San José, San Pedro de Montes de Oca, Barrio Dent fifty

metres south of the Consejo Monetario Centroamericano, at the Boulevard, passing through the town

of Pital de San Carlos, appears Mr. WILLIAM VARGAS JIMENEZ, Costa Rican, of legal age,

married once, farmer, resident of La Legua de Pital in Alajuela Province, bearer of ID number two –

two-hundred ninety -seven – seven hundred eighty-six, AND INDICATES THAT : Having

knowledge of the penalties imposed by law for perjury and false testimony, he declares under oath

that: FIRST: I am a member of Cooperativa de Servicios Ambientales y Agroecoturísticos,

Coopeagrotur R. L., in process of registration before the Public Registry, which has the goal of

supporting the member farmers with agro-tourism projects. SECOND: It was coordinated with Mr.

Victor Julio Vargas, a member, to perform a study on the feasibility of developing an agro-tourism

project at the farm which he owns on the Costa Rican bank of San Juan River, in the area of Caño La

Venada, near the sector of Las Chorreras, Cutr is district, San Carlos canton. THIRD: The trip was

coordinated for June twenty-six two thousand fourteen, using the services of a boat operator who was

hired by the owner of the farm and would take us on San Juan River to our destination at Caño La

Venada. FOUR: On June twenty-six two thousand fourteen, other members of the cooperative and I

met with the boatman at approximately nine a.m. and left the pier of Boca de San Carlos. FIVE: The

boatman indicated that we had to cross San Juan River to report ourselves at the Nicaraguan Army

post. SIX: Upon arriving at the Nicaraguan Army post, a soldier told us that all passengers had to

come off board, with the baggage, and identify ourselves. When we reached the post a ll of us

presented our ID cards; however, the commander of the post gave instructions to a soldier, indicating

that they had to go through all of the baggage, given that each one carried a bag with clothes and

capes, due to the rain that was affecting the area at that time, and that they also had to e bagsth

with food, the women’s purses and men’s wallets. While this work was performed the commander of

the post interrogated us, asking us where we worked and what was the goal of our trip. In answered

that we were inhabitants of the area and members of anagro-tourism cooperative, and that we were

going to check the tourism potential of a farm in Caño La Venada. The commander asked repeatedly

whether we were employees of the Costa Rican Government. We reiterated that that was not the case,

that we were farmers who resided in the area, and the Nicaraguan commander indicated that we had

to provide a work ID otherwise we would not be able to navigate on San Juan River. After a while,

the commander of the military post indicated that we would definitely not be able to pass through

unless we were able to provide a work ID, and since we did not have one, we had to return to Costa

323Annex 63

Rican territory. SEVEN: We returned to Boca de San Carlos, on Costa Rican territory, a little after

ten in the morning. That is all which he wishes to testify. I advised the deponent of the legal value

and transcendence of what he stated. I hereby issue a first testimony thereof. This document was read

out loud, accepted by the deponent and signed in Alajuela, Pital de San Carlos, at twelve hours of

July twenty-firstwo thousand fourteen.************************** ****************

WILLIAM VARGAS JIMENEZ ********** GUSTAVO ARGUELLO HIDALGO ********

THE FOREGOING IS AN EXACT COPY OF DEED NUMBER ONE HUNDRED SEVENTY-

EIGHT – NINE, VISIBLE AT THE BACK OF PAGE ONE HUNDRED FIFTY-SEVEN OF THIS

NOTARY’S PROTOCOL. CHECKED AGAINST THE ORIGINAL, IT IS FOUND CORRECT,

AND I ISSUE IT AS A FIRST TESTIMONY THEREOF IN THE SAME ACT OF GRANTING OF

THE ORIGINAL.

(Signature)

GUSTAVO ALBERTO ARGUELLO HIDALGO

1 4 2 3 3 7 6

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325Annex 63

326 ANNEX 64

Affidavit of Ms. Mayela Vargas Arce, recorded by Notary Public,

Mr. Gustavo Arguello Hidalgo
Deed no. 179-9

21 July 2014

327328 Annex 64

Translation

NUMBER ONE HUNDRED SEVENTY -NINE -NINE: Before me, GUSTAVO ARGUELLO HIDALGO,

Notary Public with office in San José, San Pedro de Montes de Oca, Barrio Dent fifty metres south of the

Consejo Monetario Centroamericano, at the Boulevard, passing through the town of Pital de San Carlos,

appears Ms. MAYELA VARGAS ARCE, Costa Rican, of legal age, married once, pensioner, resident of

Alajuela Province, El Ojoche de Pital de San Carlos, bearer of ID number two – zero three hundred forty-

five – zero four hundred ninety-fourAND INDICATES THAT: Having knowledge of the penalties imposed

by law for perjury and false testimony, he declares under oath that: FIRST: I am a member ofperativa de

ServiciosAmbientales y Agroecoturísticos, Coopeagrotur R. L., in process of registration before the Public

Registry.SECOND: I coordinated with Mr. Victor Julio Vargas, a member of the cooperative, to perform a

study on the feasibility of developing an agro-tourism project at the farm which he owns on the Costa

Rican bank of San Juan River, in the area of Caño La Venada, near the sector of Las Chorreras, Cutris

district, San Carlos cantoTHIRD: I coordinated the trip for June twenty-six two thousand fourteen, using

the services of a boat operator who was hired by the owner of the farm and would take us on San Juan

River to our destinationFOUR: On June twenty-six two thousand fourteen, other members of the cooperative

and I met with the boatman at approximately nine a.m. and left the pier of Boca de San Carlos a few minutes

later. FIVE: The boatman indicated that we had to cross San Juan River to report ourselves at the Nicaraguan

Army post. SIX: Upon arriving at the Nicaraguan Army post, a soldier told us that all passengers had to come

off board, with the baggage, and identify ourselves. When we reached the post all of us presented our ID cards;

however, the commander of the post gave instructions to a soldier, indicating that he had to record all of the

baggage and check all bags in which we carried food, the women’s purses and men’s wallets. While this work

was performed the commander of the post interrogated us, asking us where we worked and what was the

goal of our trip. I answered that we were inhabitants of the area and members of an agro-tourism

cooperative, and that we were going to check the tourism potential of a farm in Caño La Venada. The post

commander became upset and responded “the tourism is ours!” The commander asked repeatedly whether

we were employees of the Costa Rican Government. We reiterated that that was not the case, that we were

mostly farmers who resided in the area, and he told us that we had to provide a work ID; otherwise we

would not be able to pass through the river. After a while, he asked for our cell phones and tried to turn

them on to verify their contents. Finally, after spending about one hour giving explanations so as to be

allowed access on the river, the commander of the military post indicated that we would definitely not be

able to pass through unless we were able to provide a work ID. Being unable to provide one, we had to

return to Costa Rican territory. SEVEN: We returned to Boca de San Carlos, on Costa Rican territory, a

little after ten in the morning. That is all she wishes to testify. I advised the deponent of the legal value and

transcendence of what she stated. I hereby issue a first testimony thereof. This document was read out

329Annex 64

loud, accepted by the deponent and signed in Alajuela, Pital de San Carlos, at thirteen hours of July

twenty-first two thousand fourteen. ***********************************************

************************************************************************▯*************

MAYELA VARGAS ARCE *********** GUSTAVO ARGUELLO HIDALGO *******************

THE FOREGOING IS AN EXACT COPY OF DEED NUMBER ONE HUNDRED SEVENTY -NINE -

NINE, VISIBLE AT THE BACK OF PAGE ONE HUNDRED FIFTY-EIGHT OF BOOK NINE OF THIS

NOTARY’S PROTOCOL. CHECKED AGAINST THE ORIGINAL, IT IS FOUND CORRECT, AND I

ISSUE IT AS A FIRST TESTIMONY THEREOF IN THE SAME ACT OF GRANTING OF THE

ORIGINAL.

(Signature)

GUSTAVO ALBERTO ARGUELLO HIDALGO

1 4 2 3 3 7 6

330Annex 64

331Annex 64

332 ANNEX 65

Affidavit of Ms. Gabriela Vanessa Lopez Gomez, recorded by Notary
Public, Mr. Gustavo Arguello Hidalgo

Deed no. 189-9

21 July 2014

English Translation and Spanish Original

333334 Annex 65

Translation

NUMBER ONE HUNDRED EIGHTY–NINE: Before me, GUSTAVO ARGUELLO HIDALGO, Notary

Public with office in San JoséSan Pedro de Montes de Oca, Barrio Dent fifty metres south of tConsejo

Monetario Centroamericano, at the Boulevard, passing through the town of Pital de San Carlos, appears Ms.

GABRIELA VANESSA LOPEZ GOMEZ, Costa Rican, of legal age, single, student, resident of Alajuela

Province, at el Saíno de Pital de San Carlos, bearer of ID number two – six hundred seventy-nine – three

hundred fifty- two,AND INDICATES THAT: Having knowledge of the penalties imposed by law for perjury

and false testimony, he declares under oath that:FIRST: I am a member of Cooperativa de Servicios

Ambientales yAgroecoturísticos, Coopeagrotur R. L., in process of registration before the Public Registry.

SECOND: It was coordinated with Mr. Victor Julio Vargas, a member of the cooperative, to perform a

study on the feasibility of developing an agro-tourism project at the farm which he owns on the Costa

Rican bank of San Juan River, in the area of Caño La Venada, near the sector of Las Chorreras, Cutris

district, San Carlos cantonTHIRD: The trip was coordinated for June twenty-six two thousand fourteen,

using the services of a boat operator who was hired by the owner of the farm and would take us on San

Juan River to our destination. FOUR: On June twenty-six two thousand fourteen, other members of the

cooperative and I met with the boatman at approximately nine a.m. and left the pier of Boca de San Carlos a

few minutes later. FIVE: The boatman indicated that we had to cross San Juan River to report ourselves at the

Nicaraguan Army post. SIX: Upon arriving at the Nicaraguan Army post, a soldier told us that all passengers

had to come off board, with the baggage, and identify ourselves. When we reached the post all of us presented

our ID cards; however, the commander of the post gave instructions to a soldier, indicating that he had to record

all of the baggageand check all bags in which we carried food, the women’s purses and men’s wallets. While

this work was performed the commander of the post interrogated us, asking us wherewe worked and what

was the goal of our trip. We responded that we were inhabitants of the area and members of an agro-

tourism cooperative, and that we were going to check the tourism potential of a farm in Caño La Venada.

When checking my purse the commander took out my student ID for Universidad Hispanoamericana de

Costa Rica, and started to accuse me that I was an employee of the Costa Rican Government, to which I

responded that no, I was a student, as indicated in the ID. The commander continued asking repeatedly

whether I was an employee of the Costa Rican Government; I reiterated that that was not the case, that we

were mostly farmers who resided in the area, and he told us that we had to provide a work ID, otherwise

we would not be able to pass through San Juan River. After a while, he asked for our cell phones and tried

to turn them on to verify their contents. Finally, after spending about one hour giving explanations so as to

be allowed access on the river, the commander of the military post indicated that we would definitely not

be able to pass through unless we were able to provide a work ID. Being unable to provide one, we had to

return to Costa Rican territory. SEVEN: We returned to Boca de San Carlos, on Costa Rican territory, a

335Annex 65

little after ten in the morning. That is all she wishes to testify. I advised the deponent of the legal value and

transcendence of what she stated. I hereby issue a first testimony thereof. This document was read out

loud, accepted by the deponent and signed in Alajuela, Pital de San Carlos, at fourteen hours of July

twenty-first two thousand

fourteen.******************************************************************************

***** GABRIELA VANESSA LOPEZ GOMEZ *********** GUSTAVO ARGUELLO HIDALGO

THE FOREGOING IS AN EXACT COPY OF DEED NUMBER ONE HUNDRED EIGHTY -NINE,

VISIBLE AT THE BACK OF PAGE ONE HUNDRED FIFTY-NINE OF BOOK NINE OF THIS NOTARY’S

PROTOCOL. CHECKED AGAINST THE ORIGINAL, IT IS FOUND CORRECT, ANDI ISSUE IT AS A

FIRST TESTIMONY THEREOF IN THE SAME ACT OF GRANTING OF THE ORIGINAL.

(Signature)

GUSTAVO ALBERTO ARGUELLO HIDALGO

1 4 2 3 3 7 6

336Annex 65

337Annex 65

338 ANNEX 66

Affidavit of Mr. Claudio Arce Rojas, recorded by Notary Public,
Mr. Gustavo Arguello Hidalgo

Deed no. 181-9

21 July 2014

English Translation and Spanish Original

339340 Annex 66

Translation

NUMBER ONE HUNDRED EIGHTY-ONE –NINE: Before me, GUSTAVO ARGUELLO HIDALGO,

Notary Public with office in San José, San Pedro de Montes de Oca, Barrio Dent fifty metres south of the

Consejo Monetario Centroamericano, at the Boulevard, passing through the town of Pital de San Carlos,

appears Mr. CLAUDIO ARCE ROJAS, Costa Rican, of legal age, married, farmer, resident of Alajuela

Province, Boca Tapada de Pital de San Carlos, bearer of ID number two – two-hundred ninety-nine – five

hundred forty -five, AND INDICATES THAT : Having knowledge of the penalties imposed by law for

perjury and false testimony, he declares under oath that: FIRST: I am a member ofoperativa de Servicios

Ambientales y Agroecoturísticos, Coopeagrotur R. L., in process of registration before the Public Registry.

SECOND: It was coordinated with Mr. Victor Julio Vargas, a member of the cooperative, to perform a

study on the feasibility of developing an agro-tourism project at the farm which he owns on the Costa

Rican bank of San Juan River, in the area of Caño La Venada, near the sector of Las Chorreras, Cutr is

district, San Carlos canton. THIRD: The trip was coordinated for June twenty-six two thousand fourteen,

using the services of a boat operator who was hired by the owner of the farm and would take us on San

Juan River to the farm. FOUR: On June twenty-six two thousand fourteen, other members of the cooperative

and I met with the boatman at approximately nine a.m. and left the pier of Boca de San Carlos a few minutes

later. FIVE: The boatman indicated that we had to cross San Juan River to report ourselves at the Nicaraguan

Army post. SIX: Upon arriving at the Nicaraguan Army post, a soldier told us that all passengers had to come

off board, with the baggage, and identify ourselves. When we reached the post all of us presented our ID cards;

however, the commander of the post gave instructions to a soldier, indicating that he had to record all of the

baggage and check all bags in which we carried food, the women’s purses and men’s wallets. While this work

was performed the commander of the post interrogated us, asking us where we worked and what was the

goal of our trip. We responded that we were inhabitants of the area and members of an agro-tourism

cooperative, and that we were going to check the tourism potential of a farm in Caño La Venada. The

commander asked repeatedly whether we were employees of the Costa Rican Government; we reiterated

that that was not the case, that we were farmers who resided in the area,and he indicated that we had to

provide a work ID otherwise we would not be able to pass through San Juan River. After a while, he asked

341Annex 66

for our cell phones and tried to turn them on to verify their contents. Finally, after spending about one hour

giving explanations so as to be allowed access on the river, the commander of the military post indicated

that we would definitely not be able to pass through unless we were able to provide a work ID. Being

unable to provide one, we had to return to Costa Rican territory. SEVEN: We returned to Boca de San

Carlos, on Costa Rican territory, a little after ten in the morning. EIGHT: In my case, this is not the first

time that I experience this type of problem. On one occasion, in spite of paying a boat operator, I was

detained by members of the Nicaraguan Army, claiming that it was forbidden for Costa Ricans to navigate

on San Juan River. That is all which he wishes to testify. I advised the deponent of the legal value and

transcendence of what he stated. I hereby issue a first testimony thereof. This document was read out loud,

accepted by the deponent and signed in Alajuela, Pital de San Carlos, at fifteen hours of July twenty-first

two thousand fourteen.*******************************************************************

CLAUDIO ARCE ROJAS ********************* GUSTAVO ARGUELLO HIDALGO *********

THE FOREGOING IS AN EXACT COPY OF DEED NUMBER ONE HUNDRED EIGHTY -ONE –

NINE, VISIBLE AT THE BACK OF PAGE ONE HUNDRED SIXTY OF BOOK NINE OF THIS

NOTARY’S PROTOCOL. CHECKED AGAINST THE ORIGINAL, IT IS FOUND CORRECT, AND I

ISSUE IT AS A FIRST TESTIMONY THEREOF IN THE SAME ACT OF GRANTING OF THE

ORIGINAL.

(Signature)

GUSTAVO ALBERTO ARGUELLO HIDALGO

1 4 2 3 3 7 6

342Annex 66

343Annex 66

344 ANNEX 67

Affidavit of Mr. Ruben Francisco Valerio Arroyo, recorded by Notary
Public, Mr. Gustavo Arguello Hidalgo

Deed no. 194-9

9 October 2014

English Translation and Spanish Original

345346 Annex 67

Translation

NUMBER ONE HUNDRED NINETY -FOUR -NINE: Before me, GUSTAVO ARGUELLO

HIDALGO, Notary Public with office in San José, San Pedro de Montede Oca, Barrio Dent fifty

metres south of the Consejo Monetario Centroamericano, at the Boulevard, passing through the town of

Los Chiles de San Carlos , appears Mr. RUBEN FRANCISCO VALERIO ARROYO, Costa Rican, of

legal age, single, farmer, resident of Alajuela province, Chorreras de Cutris, bearer of ID number TWO-

SEVEN HUNDRED TWENTY-SIX – ZERO SEVENTY. AND INDICATES THAT: Having

knowledge of the penalties imposed by law for perjury and false testimony, he declares under oath that:

FIRST: Iam afarmerand Ilivein theareaofChorreras deCutris , at a property adjacent to San Juan

River, and I have lived here my whole life, meaning twenty years. SECOND: That in spite of actions

taken in the past to build a road to create access between this place and Boca de San Carlos, which is the

nearest town, these works were suspended; therefore, currently there is no access by land between the

two locations, and the only way for quick access for those who live on the Costa Rican bank of the river

is navigation through San Juan River. THIRD: That on February second, two thousand and thirteen, I

was navigating on a boat property of my uncle, Nelson Valerio Corella, who also lives on the right bank

of San Juan River, toward Boca de San Carlos. When I went to report to the post of the Nicaraguan

Army, along with my uncle, we were forced to get out of the boat, and we were detained for

approximately three hours, without any explanation. FOURTH: After being detained for a while, one of

the soldiers of the Nicaraguan army forced me to pull down my pants, allegedly to search me, and kept

me like that for ten minutes. He asked for my wallet and checked its contents while he kept me with my

pants below the knees. In spite of the humiliation I felt, I had no other option, since the solider

threatened to leave me detained. FIFTH: After about three hours at the Nicaraguan Army’s post, the

same soldier told me that he would set us free if I went to the Costa Rican side to buy food and soft

drinks for four persons, which I had to do so that they would let us go. After buying them food, using

our own money, and giving it to them at the post, they set us free. SIXTH: Before what occurred that

day, every time we reach the Nicaraguan Army post we have always treated very poorly, they intimidate

us, but on this occasion they made us incur in humiliating acts. That is all I wish to testify. I advised the

deponent of the legal value and transcendence of what he stated. I hereby issue a first testimony thereof.

This document was read out loud, accepted by the deponent and signed in Los Chiles de Alajuela, at ten

forty-five a.m. of October nine, two thousand fourteen.*************************************

********************************************************************* **********

******RUBEN FRANCISCO VALERIO ARROYO ********** *** G. ARGUELLO

HIDALGO ****** THE FOREGOING IS AN EXACT COPY OF DEED NUMBER ONE HUNDRED

NINETY-FOUR -NINE, VISIBLE AT THE BACK OF PAGE ONE HUNDRED SEVENTY -ONE OF

347Annex 67

BOOK NINE OF THIS NOTARY’S PROTOCOL. CHECKED AGAINST THE ORIGINAL, IT IS

FOUND CORRECT, AND I ISSUE IT AS A FIRST TESTIMONY THEREOF IN THE SAME ACT

OF GRANTING OF THE ORIGINAL.

(Signature)

(Stamps)

348Annex 67

349Annex 67

350 ANNEX 68

La Nación (Costa Rica), ‘Costa Ricans denounce mistreatment and
detentions in the northern border’, 3 August 2014, available at

http://www.nacion.com/nacional/gobierno/Caos-frontera-provoca-
detenciones-costarricenses_0_1430656995.html

3 August 2014

English Translation and Spanish Original

351352 Annex 68

http://www.nacion.com/nacional/gobierno/Caos-frontera-provoca-detencion…-
costarricenses_0_1430656995.html

Terrible condition of the road and lack of signposting creates problems for
nationals

Costa Ricans denounce

mistreatment and detentions in

the northern border

BY Carlos Hernández - updated on 3 August 2014, at: 12:11 am

- Eight Costa Ricans were detained in two months, when passing through the
border area
- Residents claim that the conflict over Isla Calero changed the mood of the
Nicaraguan police

Quebrada Venadita rivulet, near Chorreras, in Cutris de San Carlos, washed away a log bridge on
the border road, forcing residents to use San Juan River to movearound. The locals say that this
situation exposes them to the ill-treatment of Nicaraguan officials. | CARLOS HERNANDEZ

353Annex 68

San Carlos, northern border area. Whether due to political tension or lack of

maintenance and demarcation of the border, Costa Rican citizens have expressed
that they are subject to pressures and ill-treatment by Nicaraguan law
enforcement officials.

In addition, the terrible conditions o f the border road force the locals to use San

Juan River to move around the area, leaving them at the mercy of the attitudeof
the Nicaraguan border officers posted there, which is sometimes whimsical,
according to the witnesses.

On June 26, a group of Nicaraguan soldiers prevented nine members of an agro-

tourism cooperative from Boca Tapada to navigate on San Juan t o travel to
Chorreras de Cutristo visit a project of that nature.

The officers posted at a checkpoint in front of San Juan River, at the he ight of
Boca San Carlos de Pital, demanded that they present a work permit . According

to the affected individuals this was the first time that such permit was requested
of them.

Almost one month later, on 19 July, at the same checkpoint, the same military
officers detained two residents of Cureña de Sarapiquí, who report to that same

point every day to move goods across the border river.

In addition to these two incidents there is a more recent one, which occurred only

10 days later, on July 29, when six members of the Environmental
Administrative Court were captured by two Nicaraguan soldiers, who caught

them entering their country's territory by mistake.

Officials lost their phone’s GPS signal, which caused them to lose their location.

The detainees clai med that they did not see the dividing marker on the land

where they were verifying environmental damage.

The farmers and Costa Rican officials living in the border area complain of a

tightening of controls by the Nicaraguan authorities.

354 Annex 68

Politics and neglect. "Since the conflict over Isla Calero broke out, they became

very strict. We cannot ask for explanations, since they threaten us withjail," says
Roberto González, resident of San Isidro de Pocosol.

José Ortega, from Punta Cortés de Los Chiles, expresses that he feels afraid even
if he’s on the Costa Ricanside.

"I feel afraid of approaching the boundary, because at the least expected moment,
soldiers from the other side will capture me saying that I violated the sovereignty

of their country," he said.

The problem is that the border is practically invisible. The main markers and
intermediate points of reference are covered by undergrowth; there is no
maintenance and the points of reference are eventually lost, and neither

government does anything.

Since 2005, when Costa Rica filed suit against Nicaragua before the International
Court of Justice in The Hague to clarify the navigation rights on San Juan River,
the efforts by both countries to establish order in the border area died out.

This situation worsens the confusion of the inhabitants. For example, in the

sector of El Manzano, near Méjico de Upala, there is a stone path that leads to
Papaturro of Nicaragua. There is nothing there to indicate where the Costa Rican
territory ends and where Nicaraguan territory begins.

Barely 20 metres from the edge of the road, a boundary stone covered by

grassland is an invisible sign and, therefore, a trap.

"If it is not for the neighbors, who warn you, you would unintentionally pass the

border, exposing yourself to detention,"indicated Juan González, corn producer.

González asks for informational signs to be installed to avoid the confusion and,
thus, incidents.

355Annex 68

http://www.nacion.com/nacional/gobierno/Caos-frontera-provoca-detencion…-
costarricenses_0_1430656995.html

Pésimo estado de trocha y falta de señalización mete en problemas a nacionales

Ticos denuncian sufrir maltrato y

detenciones en frontera norte

POR Carlos Hernández - Actualizado el 3 de agosto de 2014 a: 12:11 a.m.

- Ocho ticos fueron retenidos en dos meses, al transitar por la zona limítrofe
- Vecinos alegan que conflicto por isla Calero cambió el ánimo de Policía nica

La quebrada Venadita, cerca de Chorreras, en Cutris de San Carlos, se llevó un puente de tucas
sobre la trocha fronteriza, lo que obliga a los vecinos a utilizar el río San Juan para trasladarse.
Esta situación los expone a malos tratos de oficiales nicaragüenses, dicen los lugareños. |
CARLOS HERNÁNDEZ

356 Annex 68

San Carlos, Frontera Norte. Ya sea por la tensión política o por la falta de
mantenimiento y demarcación de la frontera, los ciudadanos costarricenses
manifiestan ser objeto de presiones y malos tratos por parte de autoridades

policiales de Nicaragua.

A esto se suman las pésimas condiciones de la trocha fronteriza, lo que obliga a
los lugareños a utilizar el río San Juan para desplazarse por la zona, quedando a
merced de la actitud, a veces caprichosa, según testigos, de los oficiales

fronterizos nicaragüenses destacados allí.

El 26 de junio, un grupo de militares nicaragüenses le impidió a nueve miembros
de una cooperativa agroturística de Boca Tapada navegar por el río San Juan para
trasladarse hasta Chorreras de Cutris, con el fin de visitar un proyecto de esa

índole.

Los oficiales destacados en un puesto de control frente al San Juan, a la altura de
Boca San Carlos de Pital, les exigieron un carné de trabajo; un requisito que,
según los afectados, era la primera vez que se les pedía.

Casiunmesdespués,el19dejulio , en el mismo puesto de control, los mismos

militares detuvieron a dos vecinos de Cureña de Sarapiquí, quienes todos los días
se reportan a ese mismo punto para trasladar mercancía por el río fronterizo.

Estos dos incidentes se suman al más reciente, ocurrido solo 10 días después, el
29 de julio, cuando seis miembros del Tribunal Ambiental Administrativo fueron

capturados por dos soldados nicaragüenses, quienes los sorprendieron ingresando
a territorio de su país por error.

Los funcionarios extraviaron la s eñal GPS del teléfono, lo que provocó que
perdieran su ubicación en el lugar.

Los detenidos alegaron no haber visto el mojón divisorio, en el terreno donde
verificaban daños ambientales.

Los campesinos y funcionarios costarricenses que viven en la zona limítrofe se

quejan de un endurecimiento en los controles por parte de las autoridades
nicaragüenses.

357Annex 68

Política y descuido. “Desde que reventó el conflicto por isla Calero se pusieron

muy estrictos. No podemos pedir explicaciones, pues nos amenazan con la
cárcel”, afirma Roberto González, un vecino de San Isidro de Pocosol.

José Ortega, de Punta Cortés de Los Chiles expresa que tiene temor, aunque esté
del lado tico.

“Yo siento temor de aproximarme a la guardarraya, pues en el momento menos

esperado, los soldados del otro lado me capturan diciendo que violé la soberanía
de su patria”, aseguró.

El problema es que la línea fronteriza es prácticamente invisible.

Los mojones principales y los puntos de referencia intermedios están cubiertos
por la maleza; el mantenimiento está ausente y, con el tiempo, se pierden los

puntos de referencia, sin que se haga nada por parte de ambos gobiernos.

Desde el 2005, cuando Costa Rica demandó a Nicaragua ante la Corte

Internacional de Justicia de La Haya para aclarar los dere chos de navegación en
el San Juan, se enterraron los intentos de ambos países por poner en orden la

línea de frontera.

Esta situación empeora la confusión de los habitantes. Un ejemplo: en el sector

El Manzano, próximo a Méjico de Upala, hay un camino depiedra que lleva a
Papaturro de Nicaragua. Allí no hay nada que indique dónde termina el territorio

de Costa Rica y dónde se inicia el de Nicaragua.

A 20 metros de la orilla del camino, un mojón tapado por el pastizal es una marca

invisible y, por ende, una trampa.

“Si no es por los vecinos que se lo advierten, sin querer usted pasa la frontera
exponiéndose a que lo detengan”, dijo Juan González, productor de maíz.

El agricultor González pide que se instalen rótulos informativos para evitar las
confusiones y, de esa manera, los incidentes.

358 ANNEX 69

La Nacion (Costa Rica), ‘He demanded that I pull down my pants’,
3 August 2014, available at http://www.nacion.com/nacional/gobierno/

exigio-bajara-pantalones_0_1430657010.html

3 August 2014

English Translation and Spanish Original

359360 Annex 69

http://www.nacion.com/nacional/gobierno/exigio-bajara-pantalones_0_1430…

“He demanded that I pull down my pants”

BY Carlos Hernánd- updated on 3 August 2014, at: 12:11 am

San Carlos. "A soldier, speaking in a loud voice, asked me all sorts of questions.
He told me that Costa Ricans had no right to walk along the San Juan (River) and
that we could even be detained.”

"The worst happened afterward, when the same soldier demanded that I pull

down my pants, and that if I did not obey he would detain me. I had no other
choice than to remain almost naked from the waist down."

This is how farmer Rubén Valerio Arroyo, inhabitant of Chorreras de Cutris de

San Carlos, says that he was treated by a soldier of the Nicaraguan army
stationed at the checkpoint in front of Boca San Carlos.

Ruben Valerio assures that Nicaraguan soldiers humiliated him. | CARLOS
HERNANDEZ

361Annex 69

Valerio, who is 19 years old, narrated that the facts ocurred on Saturday 2
February of last year, when he and two other Costa Ricans went to the
checkpoint to report themselves, to then cross to the Costa Rican border village

Boca San Carlos.

After being held for three hours with his other countrymen, the same soldier
conditioned his release to that he go to the Costa Rican side to bring food and

soft drinks for four people.

The young man said that he felt humiliated by the way the soldier treated him: "I

have several years of navigating on the San Juan and I had never been treated so
badly. There was no reason for them to force me to pull down my pants, with the

story that it was to check what I was carrying," he indicated.

Tensions over the behavio ur of the Nica raguan authorities are increasing. The
locals indicate that this has been happening more often since the problems with
the border road arose.

362 Annex 69

http://www.nacion.com/nacional/gobierno/exigio-bajara-pantalones_0_1430…

‘Me exigió que me bajara los pantalones’

POR Carlos Hernánde- Actualizado el 3 de agosto de 2014 a: 12:11 a.m.

San Carlos. “Un militar, hablando en voz alta, me hizo todo tipo de preguntas.

Me hizo saber que los costarricenses no teníamos derecho a andar en el San Juan
y que hasta podían dejarnos detenidos.

”Lo peor sucedió después, cuando el mismo soldado me exigió que me bajara los

pantalones, y, que si no obedecía, me detenía. Entonces, no me quedó más que
quedarme casi que desnudo de la cintura para abajo”.

De esta forma, el agricultor Rubén Valerio Arroyo, vecino de Chorreras de Cutris
de San Carlos, afirma que fue tratado por un efectivo del Ejército de Nicaragua

destacado en el puesto de control frente a Boca San Carlos.

Rubén Valerio asegura que los soldados nicaragüenses le dieron un trato
humillante. | CARLOS HERNÁNDEZ

363Annex 69

Valerio, quien tiene 19 años, narró que los hechos se dieron el sábado 2 de
febrero del año anterior, cuando él y dos ticos más pasaron al puesto de control a
reportarse, para luego cruzar hacia el caserío fronterizo costarricense de Boca

San Carlos.

Luego de tres horas de tenerlo retenido junto con sus compatriotas, el mismo
militar le condicionó dejarlo en libertad, a cambio de que fuera al lado

costarricense a traerle comida y gaseosas para cuatro personas.

El joven dijo que se sintió humillado por la forma cómo lo trató el soldado: “Yo

tengo varios años de navegar por el San Juan y nunca antes me habían atendido
tan mal. No había motivo para que me obligaran a bajarme el pantalón, con el

cuento de que era para requisarme”, manifestó.

Las tensiones por el comportamiento de las autoridades nicaragüenses van en
aumento. Los lugareños dicen que eso ocurre más seguido, desde que se dan los
problemas por la trocha fronteriza.

364 ANNEX 70

Department of Transit Engineering, Ministry of Public Works and

Transportation, Costa Rica, Authorization of Routes for the Transport of
Hazardous Materials

1995

English Translation

365366 Annex 70

I. INTRODUCTION AND OBJECTIVES

The transport of hazardous materials is an issue that has been highly controversial in recent years
due to the large number of interests managed. Industries, service stations as well as communities have
very personal criteria regarding the determination of routes and schedules for vehicles that transport

hazardous materials.

According to Decree N°24715 -MOPT-MEIC-S, corresponding to the regulations for the Lan d
Transport of Hazardous, the General Department of Transit Engineering of the Ministry of Public Works

and Transport (MOPT is the abbreviation in Spanish) is responsible for implementing the specific routes
and itinerary that must be followed by vehicles that transport hazardous materials.

Due to the complexity of the hazardous materials that are transported on our roads, the
Hazardous Materials Commission decided to divide the substances into three groups. Hydrocarbons,
Gases and Chemicals products. In addition, for the first stage the study was limited to the Greater

Metropolitan Area. Therefore, this report presents the results of the determination of routes and
schedules for vehicles that will transport hydrocarbons within the Greater Metropolitan Area . It also
includes the primary routes from border to border.

The main objective of determining the routes and schedules for the transport of hazardous
materials is to mitigate the effects of a possible accident. It is important to clarify that the assignm ent of
routes and schedules is not to prevent accidents of vehicles that transport hazardous materials, but to

reduce the destructive effect that may occur. However, the recommendations related to transportation
schedules will help somewhat to reduce the possibility of an accident.

When determining specific routes for the transport of hazardous materials it is important to take
into consideration two fundamental aspects:

• The deterioration of our road system limits the use of routes that could eventual ly be used to

transport hazardous materials; therefore, one of the main recommendations of this work is giving
maintenance to the recommended roads, since the poor state of the roads is an important factor that can
lead to accidents, especially of large vehicles.

• Another aspect that should be noted is the lack of urban planning of our predecessors, thus on
many occasions the assignment of routes will not be ideal. However, it will be the one with less
vulnerability in the event of accidents involving vehicles that transport hazardous materials.

367Annex 70

II. METHODOLOGY

Below is the methodology to be followed by the General Department of Traffic Engineering for
the assignment of routes and schedules corresponding to the Greater Metropolitan Area (“Gran Area
Metropolitana,” GAM).

2.1 Methodology for the Assignment of Routes.

Before describing the steps to be followed to determine routes, it is important to clarify the few
alternate routes available in our road network. This situation limits the choice of routes to be used by
vehicles transporting hydrocarbons. Therefore, it is not surprising that in subsequent studies

corresponding to the determination of routes and schedules for the transport of gases and chemical
substances, many of the routes described in this report will be the same used for the transport of such
substances.

The methodology used to determine which of the routes available can be used for the
transportation of hydrocarbons is the following:

• First, locate on maps all of the service stations and industries (Checkpoints) related to the
transportation of hydrocarbons. The location will be performed with the help of cartographic sheets,
scale 1:10000, corresponding to the GAM and according to the information from records provided by

RECOPE and MINAE.

• Once the industries and service stations have been located, choose the routes to be followed by
vehicles transporting hydrocarbons. This choice is made according to the following criteria, which are

presented by order of priority:

1. Since we seek to mitigate the effects of a potential accident involving vehicles transporting

hydrocarbons, the main parameter used for the assignment of routes is the vulnerability of the area. To
this end the following are taken into account:
a) Proximity to residential areas

b) Proximity to schools, churches, hospitals, public institutions
c) Proximity to any place where people gather
d) Proximity to forest or ecological reserves

2. The transportation of hydrocarbons should be performed as quickly as possible.
Thus, the shortest route with the lowest traffic volume shall be assigned.

3. For greater security the state of the roads will be taken into account. However, it is worth noting
that our road network is quite deteriorated in general, so this consideration will probably make the
analysis more difficult.

368 Annex 70

An important aspect worth mentioning is field visits. These will be performed in places that are
considered relevant, especially to resolve doubts that may arise when analysing alternative routes.

The routes that will be used for the transport of hazardous materials will be classified as follows:

Primary routes: Will be understood as those routes that are used for the circulation of vehicles from the

Southern border (Paso Canoas) to the Northern border (Peñas Blancas).

Secondary routes:Are those routes used by vehicles for the distribution of hydrocarbons, both to service

stations and to those industries located on highways with high traffic flow.

Tertiary routes: These routes correspond to those that have a low traffic flow. They are especially used
for the distribution of hydrocarbons to industries that use this type of substances.

2.2 Methodology for the Assignment of Routes.

To assign the schedule for the transport of hydrocarbons, the routes deemed most important in
terms of traffic flow will be taken into account. The purpose of this study is not to define the schedule
that every company which transports hydrocarbons should have; rather, eachmust program itself so as to
not circulate during the morning rush hour and afternoon rush hour on the routes that are considered

relevant.

To determine the peak periods, both morning and evening, data from vehicle counts from the

Planning Department of the Ministry of Public works and Transport will be used. If this information is not
available, vehicle counts will be performed with collectors from the General Department of Transit
Engineering.

In areas far from the metropolitan area and in high-risk areas the transport of hydrocarbons will
not be allowed after six p.m. This is because at night the driver’s visibility decreases, and the response
capacity of emergency units (Firemen, Ambulances, Traffic police, etc.) is much lower.

2.3 Road signs.

To put into practice the provisions of the General Department of Traffic Engineering, the
necessary vertical or horizontal signs will be designed so that motorists have more information about the
routes and schedules that must be respected.

The installation of road signs will be performed either by the administration or by contract. If the
project is carried out by contract, the corresponding tenders should be included to award the project to
private companies.

2.4 Future considerations.

369Annex 70

It is worth noting that the routes defined by the General Department of Traffic Engineering will be subject
to future changes. This is due to possible changes in the roads, or the opening of planned projects such

as:

• Circunvalación Norte

• Ciudad Colón - Orotina
• Costanera Sur
• Anillo Periférico

The possible changes in routes that will occur will be to comply with the main objective of this study,
which is to protect the lives of persons. Thus, the new designations must always seek to move the
vehicles which transport hazardous materials away from highly populated areas.

EL ALTO DE OCHOMOGO (Entrada a RECOPE)

• Quebrada Quirazu

• Tres Ríos (Paso Superior R.251)
• La Galera (Intersección R.2 - R.251, Carretera Vieja Tres Ríos)
• Fuentes de Montes de Oca (Intersección R.2 - R.203, Carretera Lourdes)

• San Pedro (Intersección R.2 -R.39, Rotonda de La Hispanidad)
• Betania (Intersección R.39 - R.202, Rotonda Guadalupe)
• Guadalupe (Intersección R.39 -R.218, Rotonda de Guadalupe)

• Calle Blancos (Intersección R.39 - R.109, Santo Tomás)
• Cinco Esquinas (Intersección R.100 -R.5, Carretera Tibás)
• Copey (Intersección R.100 - R.166, Carretera La Uruca)
• La Uruca (Intersección R.166 - R.3, Pozuelo)

• Río Virilla (Límite Provincial)
• Radial Alajuela (Intersección R.1 - R.153)
• Intersección Manolos (R.1 - R.3, Carretera Atenas)

• Radial Grecia (Intersección R.1 - R.154)
• Radial Naranjo (Intersección R.1 - R.141)
• Monserrat (Intersección R.1 - R.135)

• Quebrada Angostura
• Esparza (Intersección R. 1 - R. 131)
• Barranca (Intersección R. 1 - R. 17)
• Plantel RECOPE (Entrada Principal)

• Cuatro Cruces (Intersección R.1 - R.144)
• Río Lagarto (Límite Provincial)
• La Irma (intersección R.1 - R.145)

• Limonal (Intersección R.1 - R.18)

370 Annex 70

• Cañas (Intersección R.1 - R.142)
• Bagaces (Intersección R.1 - R.164)

• Liberia (Intersección R.1 - R.21)
• Río Tempisquito
• La Cruz (Entrada Principal)

• Peñas Blancas (Frontera Norte)

RUTA DE PASO DE PUERTO LIMÓN A PUERTO CALDERA

(LIMÓN A PUNTARENAS)
• Limón (Muelle Nacional)
• Buenos Aires (Intersección R.32 -R.240, Carretera Moín)

• Entrada Recope (Entrada Principal Moín)
• Liverpool (Cruce Río Blanco)
• Río Barbilla
• Siquirres (Intersección R.32 -R 10)

• Pocora (Intersección R.32 - R.812)
• Guácimo (Intersección R.32 - R.248)
• Guápiles (Intersección R.32 - R.247)

• La Y Griega (Intersección R.32 - R.4, Carretera Río Frío)
• Río Sucio (Límite Provincial)
• Túnel Zurquí

• Río Para Blanco (Limite Provincial)
• Río Virilla (Límite Provincial)
• San José (Intersección R.32- R.108, La República, Barrio Tournon)
• Cinco Esquinas (Intersección R.5 -R.100, Carretera Tibás)

• Copey (Intersección R.100 - R.166, Carretera La Uruca)
• La Uruca (Intersección R.166 - R.3, Pozuelo)
• La Uruca (Intersección R.1 - Marginal Derecha, Kativo)

• Río Virilla (Límite Provincial)
• Radial Alajuela (Intersección R. 1 - R. 153)
• Intersección Manolos (R.1 -R.3, Carretera Atenas)

• Radial Grecia (Intersección R.1 - R.154)
• Radial Naranjo (Intersección R. 1 - R. 141)
• Radial Palmares (Intersección R.1 - R.135)
• Monserrat (Intersección R.1 - R 135)

• Quebrada Angostura
• Esparza (Intersección R. 1 - R. 131)
• Barranca (Intersección R.1 - R.17)

• Intersección (R.1 - Paso Inferior R.23)

371Annex 70

• El Roble (Intersección R.23 - Paso Inferior R.17)
• Río Barranca (Puente)

• Puerto Caldera (Intersección R.23 - R.27)

RUTA DE PASO INTERPROVINCIAL

A. Cartago -Turrialba - Siquirres

• Recope El Alto de OCHOMOGO (Entrada Principal)
• La Lima (Intersección R.2 - R.10, EntradaPrincipal Cartago)
• Cartago (Intersección R.10 - R.236)
• Cartago (Intersección R.10 - R.233, Basílica de Los Ángeles)

• Paraíso (Intersección R. 10 - R.224)
• Birris (Intersección R. 10 - R.404)
• Juan Viñas (Intersección R. 10 -R.410)

• Turrialba (Intersección R. 10 - R.230)
• Eslabón (Intersección R.10 - R.232)
• Finca La Amistad (Límite Provincial)

• Siquirres (Intersección R. 10 -R.32)

B. Cartago - Tres Ríos- San José
• Cartago (Intersección R.20 -R.10, La Lima)

• Taras (Intersección R.2 - R.219)
• El Alto de OCHOMOGO (Entrada Principal Recope)
• Quebrada Quirazu

• Tres Ríos (Intersección R.2 - Paso Inferior R 251)
• Tres Ríos (Iglesia)
• La Galera (Intersección R.2 - R.251, Carretera Vieja Tres Ríos)

• Fuentes de Montes de Oca (Intersección R.2 - R.203, Carretera Lourdes)
• San Pedro (Intersección R.2 -R.39, Rotonda de La Hispanidad)

C. La Sierra - Rosario - San Gabriel

• La Sierra (Intersección R.2 - R.222)
• Frailes (Iglesia)
• Río Santa Elena (Límite Provincial)

• Rosario (Río Alumbre, Límite Provincial)
• San Gabriel (Intersección R.222 - R 313)
• San Ignacio de Acosta (Intersección R.209 -R.301)

H. Heredia - San Joaquín - Alajuela
• Heredia (Intersección R.3 - R.126)
• San Francisco (Intersección R.3 - R. 111)

372 Annex 70

• San Joaquín (Intersección R.3 -R.123)
• Río Segundo (Límite Provincial)

• Intersección Aeropuerto (R.3 – R. 111)
• Invu Las Cañas (Entrada Principal)
• Alajuela (Intersección Avenida 10 - Calle 3, Calle Ancha)

I. Alajuela - Manolos - Atenas
• Alajuela (Intersección Avenida 3 - Calle 12, Calle Ancha)
• Barrio San José (Intersección R.3 - R. 118)

• Manolos (Intersección R.3 - Paso Inferior R.1)
• Entrada A Recope (Entrada Principal)
• La Garita (Intersección R.3 - R.136)

J. Alajuela - Grecia - Sarchí- Naranjo
• Alajuela (Intersección Avenida 3 - Calle 12, Calle Ancha)
• Barrio San José (Intersección R.3 - R.118)

• Tacares (Intersección R.118 - R.717 Y R.722)
• Grecia (Intersección R. 118 - R. 154)
• Sarchí Norte (Parque, Iglesia)

• Naranjo (Intersección R.118 - R.141)

K. Alajuela - Santa Bárbara -Barva - Heredia
• Alajuela (Intersección R.3 - R 123, Iglesia La Agonía)

• Desamparados (Plaza)
• Santa Bárbara (Intersección R.123 - R.128)
• Barrio Jesús (Intersección R 128 - R. 114)

• San Pedro (Parque, Iglesia)
• Barva (Intersección R. 128 - R. 126)
• Heredia (Intersección R. 126 - R.3)

D. El Empalme – Santa María de Dota –San Pablo
• El Empalme (Intersección R.2 - R.226)
• Santa María de Dota (Intersección R.226 - R.315)

• San Marcos de Tarrazu (Intersección R.226 -R.303)
• San Pablo (Iglesia)
• San Cristóbal (Intersección R.226 - R.222)

E. San José - Ciudad Colón - Santiago de Puriscal
• San José (Intersección R.1 -R 27, Avenida 0 - Calle 42)

• San Rafael de Escazú (Caseta de Peajes)
• Intersección Santa Ana (Intersección R.27 - Paso (inferior R.147)
• Brasil (Intersección R.27 - R.22)
• Ciudad Colon (Intersección R.22 - R.239)

373Annex 70

• Cruce a Tarbaca (Intersección R.239 - R.209)

• Santiago de Puriscal (Iglesia)

F. San José - Tibás - Heredia

• San José (Intersección R.1- R.5, Avenida 1 - Calle 0)
• Cinco Esquinas (Intersección R.5 -Paso Superior R 100)
• Tibás (Intersección R.5 - R.102)
• Río Virilla (Límite Provincial)

• Santo Domingo (Avenida 0- Calle 3)
• Pirro (Intersección R.5 - R.3)
• Heredia (Intersección R.3 - R.126)

G. San José - Uruca - Heredia
• San José (Intersección R 1 -R.27, Avenida 1 - Calle 42)
• La Uruca (Intersección R.1 - R.3, Puente Juan Pablo II)
• Río Virilla (Límite Provincial)

• Los Lagos (Entrada Principal)
• Pirro (Intersección R.5 - R.3)
• Heredia (Intersección R.3 - R. 126)

RUTA DE PASO PUNTARENAS – COSTANERA

A. Barranca - Chacarita - Puntarenas
• Barranca (Intersección R. 1 - R. 17)
• El Roble (Intersección R 17 - Paso Superior R.23)

• Chacarita (Plantel MOPT)
• Cocal (Escuela)
• Puntarenas - Barrio El Carmen (Embarcadero)

B. Caldera - Jacó - Quepos - Dominical
• Puerto Caldera (Intersección R.27 - R.23)

• Río Jesús María (Límite Provincial)
• Radial Pozón (Intersección R.34 - R.757)
• San Jerónimo (Intersección R.34 -R.757)
• Quebrada Ganado (Río Agujas)

• Herradura (Entrada Principal)
• Jaco (Entrada Principal)
• Loma (Intersección R.34 -R.239)

• La Julieta (Río Parrita)
• Damas (Quebrada Bonita)
• Junta Naranjo (Intersección R.34 -R.235)

• Quepos (Intersección R.235 - R.618)
• Finca Marítima (Intersección R.34 - R.616)

374 Annex 70

• Dominical (Río Baru, Entrada Principal)

C. Pozón- Orotina - San Mateo
• Radial Pozón (Intersección R.27 - Paso Inferior R.34)

• Orotina (Entrada Principal)
• Río Machuca (Puente)
• San Mateo (Intersección R.3 - R. 131)

D. Rio Lagarto - Santa Elena
• Río Lagarto (Intersección R.1 - R.605)
• Sarmiento (Iglesia)

• Guacimal (Intersección R.605 - R.606)
• Santa Elena (Iglesia)

RUTA DE PASO ZONA NORTE

A. Naranjo -Ciudad Quesada -Los Chiles
• San Miguel (Intersección R.1 -Radial Naranjo)
• Naranjo (Intersección R.118 - R.141)

• El Muro (Intersección R.141 - R.148)
• Zarcero (Intersección R.141 - R.741)
• Zapote (Iglesia)
• Ciudad Quesada (Intersección R.141 -R.140)

• Florencia (Intersección R.141 - R.35)
• Quebrada Azul (Iglesia)
• El Muelle (Iglesia)

• Terrón Colorado (Escuela)
• Pavón (Km. 36, Iglesia)
• Los Chiles (Municipalidad)

B. Florencia - Fortuna - San Rafael de Guatuso
• Florencia (Intersección R.141 - R.35)
• Santa Clara (Iglesia)

• Jabillos (Intersección R.141 - R.738)
• El Tanque (Intersección R.141 -R.142)
• La Fortuna (Intersección R.142 -R.702)

• Monterrey (Intersección R.4 - R.7134)
• El Edén (Límite Cantonal)
• San Rafael de Guatuso (Intersección R.4 - R 143)

C. Ciudad Quesada -Pital - Boca Tapada

375Annex 70

• Ciudad Quesada (Intersección R.140 -R.141)
• La Marina (Intersección R.140 - R.748)
• Aguas Zarcas (Intersección R.140 -R.250)

• Los Chiles (Intersección R.250 - R.751)
• Pital (Intersección R.250 - R.744)
• Sahino (Iglesia)

• Boca Tapada (Iglesia)

D. El Tanque - Muelle - Puerto Viejo -La Y Griega
• El Tanque (Intersección R.4 -R. 142)

• Muelle (Intersección R.4 -R.35)
• Los Llanos o Vuelta de Kooper (Intersección R.4 - R.751)
• Los Chiles (Intersección R.751 - R.250)

• Aguas Zarcas (Intersección R.250 -R.140)
• Venecia
• Río Cuarto (Calle Principal)

• San Miguel (Intersección R.140 -R.126)
• La Virgen (Iglesia)
• Bajos de Chilamate (Intersección R. 140 - R.4)
• Puerto Viejo (Intersección R.4 - R.229)

• Horquetas (Intersección R.4 -R.229)
• Río Frío (Intersección R 4 - Entrada Principal)
• Carretera A Guápiles (Intersección R.4 - R.32)

RUTA DE PASO PROVINCIA DE GUANACASTE

A. Liberia - Santa Cruz -Nicoya - Paquera

• Liberia (Intersección R.1 - R 21)
• Llano Grande (Aeropuerto)
• Guardia (Río Tempisque)

• Filadelfia (Intersección R.21 - R.920)
• Belén (Intersección R.21 - R.920)
• Santa Cruz (Intersección R.21 - R.160)

• Nicoya (Intersección R.21 - R.150)
• Pueblo Viejo (Intersección R.21 - R.18)
• Santa Rita (Intersección R.21 - R.161)
• Terrón Colorado (Escueta)

• Pavones (Iglesia)
• Quebrada San Pedro (Límite Provincial Guanacaste - Puntarenas)
• Lepanto (Iglesia)

• Playa Naranjo (Embarcadero)
• Río Grande (Cruce Centro de Población)
• Paquera (Intersección R.160- R.621)

376 Annex 70

B. Comunidad - Sardinal
• Comunidad (Intersección R.21 -R.151)

• Río Las Palmas (Puente)
• Sardinal (Intersección R.151 - R.912)

C. Belén - Brasilito
• Belén (Intersección R.21 - R.155)
• Portegolpe (intersección R. 155 -R.909)
• Huacas (Intersección R. 155-R 180)

• Brasilito (Plaza)

D. Nicoya - Sámara

• Nicoya (Intersección R.2126)
• Casetas (Intersección R.150 - R.157)
• Belén (Iglesia)

• Sámara (Intersección R. 150 - R. 160)

E. Santa Rita - Carmona
• Santa Rita (Intersección R.21 - R.161)

• Carmona (Parque)

F. Bagaces - Guayabo

• Bagaces (Intersección R.1 - R.164)
• El Torno (Intersección R. 164 - R. 165}
• Guayabo (Iglesia)
G. Cañas - Tilarán - Nuevo Arenal

• Cañas (Intersección R.1 - R.142)
• Los Ángeles (Intersección R. 142 - R. 145)
• Tilarán (Intersección R.142 - R.145)

• Cuatro Esquinas (Intersección R.142- R.926)
• Naranjos Agrios (Intersección R. 142 - R.927)
• Nuevo Arenal (Intersección R.142 -R.734)

H. La Irma - Las Juntas
• La Irma (Intersección R.1 -R.145)
• Río San Juan (Puente)

• Las Juntas (Intersección R. 145 - Antigua R.924)

I. Limonal - Puerto Alegre

• Limonal (Intersección R.1 - R.18)
• San Joaquín (Escuela)
• Puerto Alegre (Río Tempisque, Embarcadero)

377Annex 70

RUTA DE PASO ZONA ATLÁNTICA

A. Guápiles - Cariari - Las Palmitas
• Guápiles (Intersección R.32 - R.247)

• Pueblo Nuevo (Intersección R.247 -R.248)
• Cariari (Iglesia)
• Campo Cinco (Escuela - Iglesia)

• Las Palmitas (Escuela)

B. Carretera Saopin -Matina

• Carretera Saopin (Intersección R.32)
• Matina (intersección R. 813 - R. 805)
• Bataan

C. Limón Bribrí - Sixaola
• Limón (Intersección R.32 - R.36)
• Río Banano (Intersección R.36 - R.241)

• Penshurt (Intersección R.36- R.234)
• Cahuita (Entrada Principal)
• Hone Creek (Río Hone Creek)

• Bribrí (intersección R.36 - R.801)
• Sixaola (Río Sixaola, Límite Fronterizo)

D. Penshurt - Pandora

• Penshurt (Intersección R.36- R.234)
• Pandora (Cruce Puente Colgante -Río La Estrella)

RUTA DE PASO ZONA SUR

A. Las Juntas de Pacuar -Pejibaye
• Las Juntas de Pacuar (Intersección R.2 - R.244)
• Mollejones (Intersección R.244 - R.329)

• Pejibaye (intersección R.329 - R.33Ü, Iglesia)

B. Entrada Buenos Aires -Buenos Aires

• Interamericana Sur (Intersección R.2 - R.246)
• Buenos Aires (Iglesia)

378 Annex 70

C. Palmar Norte - Ciudad Cortés
• Palmar Norte (Intersección R.2 - R.34)
• Río Balsar (Puente)
• Ciudad Cortes (Centro de Población)

D. Río Claro - Golfito
• Río Claro (Intersección R.2 - R.14)

• Río Coto Colorado (Puente)
• Purruja (Plaza)
• Golfito (Estadio)

3.2 Secondary routes.
Below are the different secondary routes for the transit of vehicles transporting hydrocarbons,
corresponding to the Greater Metropolitan Area. These routes correspond mainly to the routes used for

the distribution of hydrocarbons to the different service stations. However, many of the industries that
use this substance are located on these routes.
It is important to highlight that in the Greater Metropolitan Area there is a big problem with regard to

constant deterioration of most of the roads, which will worsen considerably with the passage of tanker
trucks.

RUTA 3
• Intersección R 3 - R.1
• Intersección R.3 - R. 119
• Paso del Guayabo

• Ferrocarril de Costa Rica
• San Joaquín
• Heredia. Intersección Y Griega entre avenida 4 y Avenida 6

• Avenida 4
• Avenida 6
• Intersección Avenida 4- Calle 9

• Radial Heredia
• Intersección La Valencia. R.3 - R 103
• Intersección R.3 - R.106
• Río Virilla

• Intersección Pozuelo. R.3 - R.166
• Rotonda Juan Pablo II

RUTA 128
• San Pedro de Heredia
• Barva, sobre Avenida Central Cleto González

• Intersección R. 128 -R. 126

379Annex 70

RUTA 120
• Beneficio

• Barva R.126 - Avenida Central Cleto González
• Santa Lucía
• Peralta

• Heredia. Intersección R.126 - R.113
• Intersección R.126 - Avenida 9
• Intersección Avenida 9- Calle 10
• Intersección Avenida 4- Calle 10

• Intersección Avenida 6- Calle 10

RUTA 113

• Intersección R. 113 -R.502
• Plaza
• Santiago

• Escuela Laboratorio
• Heredia. Intersección R. 113 -R. 113

RUTA 5

• Intersección R.3 - R.5
• Beneficio
• Santo Domingo

• Intersección Avenida 0- R 5
• Intersección Avenida 0- Calle 3
• Cementerio
• Plantel del MOPT

• San Juan de Tibás
• Intersección Avenida 3- Calle Central
• Intersección Avenida 1- Calle Central

• Intersección Calle Central - R.101
• Intersección R.5 - R.100
• Intersección R.5 - R.108

• San José
• Intersección R.5 - Avenida 9

RUTA 103

• Intersección La Valencia
• Intersección R.103 - R.3
• Santa Rosa

• Santo Domingo
• Intersección R.103 - Avenida 12

RUTA 122

380 Annex 70

• Cruce San Antonio
• San Antonio

• Avenida 2
• Estación San Antonio
• Centro Recreativo

• Intersección R.122 - R.111

RUTA 111
• San Antonio

• Intersección R.122 - Avenida 1
• Intersección Avenida 1 Calle 6
• Intersección Avenida Central - Calle 6

• Asunción
• Plaza de Deportes
• Intersección R.111 - R.122

• Intersección R.111 - Autopista General Cañas
• Intersección R.111 - R.106

RUTA 106

• Intersección R.106 - R.111
• Pitahaya
• Zona Industrial

• Centro Educativo Ulloa
• Barreal de Heredia
• Lagunilla
• Intersección R.106 - R 103

RUTA 147

• Radial San Antonio
• Zona Industrial
• Quebrada Rodríguez

• Intercambio R.147 -R.27
• Radial Santa Ana
• Intersección R.147 - R.121

RUTA 121
• Intersección R.121 - R.147
• Santa Ana. Avenida 4

• Río Corrogres
• Intersección R.121 - R.310
• Carretera John F. Kennedy

• Intersección R.121 - R.105

381Annex 70

RUTA 105
• Escazú
• Intersección Avenida Central - Calle

• Intersección Avenida 3- Calle 3
• Río Chiquero
• Río Agres

• Calle León Cortés
• Intersección R.105 - R.121
• Quebrada Quebradilla
• Intercambio R. 105- R.27

RUTA 104
• Rincón Grande de Pavas

• Pavas
• Zona Industrial
• Intercambio R. 104- R. 39

• Parque Metropolitano La Sabana
• Bulevar Las Américas
• Intersección R.104 - R.1
• Intercambio R.27 -R 39

• Intersección R.27 - R.104
• Parque Metropolitano La Sabana

RUTA 27
• Intersección R.27 -Avenida San Martín
• Intersección R.27 - R. 1

RUTA 1
• Intercambio R.1 -R.3. Rotonda Juan Pablo II
• Autopista General Cañas

• Río Torres
• Intersección R.1 - R.104
• Intersección R.1 - R.27

RUTA 166
• Radial Uruca

• Intersección R. 166 -R 3
• Zona Industrial
• Escuela Antonio José de Sucre
• Plaza de Deportes

• Zona Industrial

382 Annex 70

• Intersección R 166 - R. 100
• Río Torres

• Paso de la Vaca
• San José
• Intersección R.166 - Avenida 9

• Avenida 9 - Calle Central

RUTA 110

• Alajuelita
• Intersección R. 110 -R. 105
• Calle Central
• Río Tiribí

• Intersección R.110 - R.39 (Rotonda Alajuelita)
• Hatillo
• Zona Industrial

• Barrio Cuba
• Ferrocarril de Costa Rica
• San José

• Intersección Avenida 14- Calle 20
• Intersección Avenida 10- Calle 20

RUTA 214

• San Rafael Abajo
• Intersección R.214 - R 217
• Los Higuerones

• La Gardenia
• RíoTiribí
• Plaza de Deportes

• Intersección R.214 - R.39 (Rotonda San Sebastián)
• San Sebastián
• Unidad de Admisión de San Sebastián
• Intersección R.214 - R.213

RUTA 213
• Paso Ancho

• Intersección R.213 - R.39 (Rotonda de Paso Ancho)
• Intersección R 213 - R.214

RUTA 209
• Aserrí
• Río Cañas
• Intersección R.209 - R.204

• Balneario Los Juncales

383Annex 70

• Intersección R.209 - R.206
• Desamparados
• Intersección Avenida 4- Calle 1

• Intersección Avenida Central - Calle 1
• Liceo Rubén Odio
• Cementerio

• Río Tiribí
• Intersección R.209 - R.39 (Rotonda Y Griega)
• Centro Comercial del Sur

• Plaza González Viquez

RUTA 206

• San Miguel de Desamparados
• Peñascal
• Cruce

• Intersección R.206 - R.209

RUTA 212

• Patarrá
• Fátima
• San Antonio
• Plaza de Deportes

• Intersección R.212 - R.210

RUTA 251

• Tres Ríos
• Lomas de Ayarco
• Intersección R.251 - R.2

RUTA 210
• Intersección R.210 - R.2
• Curridabat

• Intersección R.210 - Calle 3
• Tirrases
• Intersección R.210 - R.211

• Intersección R.210 - R.212
• San Antonio
• Intersección R.210 - R.207

• Intersección R.210 - R.209 (sobre ruta 7)

RUTA 211
• Intersección R.211 - R.210

384 Annex 70

• San Francisco de Dos Ríos
• Parque
• Intersección R.211 - R.39 (Rotonda Y Griega)

RUTA 215
• Intersección R.215 R.39 (Rotonda de Zapote)

• Autopista Estado de Israel
• Plaza González Víquez

RUTA 216
• San Isidro
• Quebrada Setillal
• Intersección R.216 - R.218

RUTA 218
• Ipís

• Intersección R 218 - R.216
• Escuela Juan Flores
• El Alto de Guadalupe

• Guadalupe
• Intersección R.218 - R.200
• Avenida Central de Guadalupe
• Intersección R.218 - R.39 (Rotonda de Guadalupe)

• Intersección R.218 - R.108
• Centro Nacional de Exposiciones (FERCORI)

RUTA 102
• Intersección R. 102 -R.5
• Intercambio R.102 -R.32

• Intersección R.102 - R.101
• San Vicente
• Avenida Central - Calle 1
• Avenida 1 - Calle 1

RUTA 200
• Intersección R.200 - R.218

• Intersección R.200 - R.109
• San Vicente

RUTA 216

• Intersección R.109 - R.200
• Intersección R. 109 -R 39

385Annex 70

RUTA 101

• Intersección R. 101 -R. 102
• Intercambio R.101 -R.32
• Intersección R.101 - R.5

• San Juan de Tibás
• Avenida 14 - Calle 16
• Escuela Rafael Vargas

• Planta Eléctrica Colima

CASCO CENTRAL DE SAN JOSÉ
RUTA 2

• Intercambio R.2 –R, 39 (Rotonda Hispanidad)
• Intersección R.2 - R.202
• Intersección Avenida 2- R.202

• Intersección Avenida 2- Calle 11
• Intersección Avenida 2- Calle 14
• Intersección Avenida Central - Calle 14
• Paseo Colón - Calle 24

• Intersección R.1 - R.27 (Parque Metropolitano La Sabana)
• Paseo Colón - Calle 24
• Intersección Avenida 2- Calle 24

• Intersección Avenida 2- R.27

RUTA 204

• Intersección Avenida 10- Calle 21
• Intersección Avenida 10- Calle 20
• Intersección Avenida 10- Calle 40 (Avenida San Martín)

AVENIDA 14
• Intersección Avenida 14- Calle 9
• Paseo Sarmiento

• Intersección Avenida 14- Calle 10
• Intersección Avenida Pochet y Odio - Calle 20

AVENIDA 8 y 6
• Intersección Avenida 8- Calle Central
• Intersección Avenida 8- Calle 28
• Intersección Avenida 6- Calle 28

• Intersección Avenida 6- Calle 40

AVENIDA 9 y 13

• Intersección Avenida 9- Calle Central

386 Annex 70

• Paso de la Vaca
• Intersección Avenida 13- Calle 10

• Intersección Avenida 13- Calle 20

AVENIDA CENTRAL

• Intersección R 2 - Paseo Rubén Odio
• Intersección Avenida Central - Calle 21
• Intersección Avenida Central - Calle 11

CALLE 20
• Intersección Avenida 13- Calle 20
• Paseo Colón - Calle 20

CALLE 14
• Intersección Avenida Central - Calle 14

• Intersección Avenida 8- Calle 14

CALLE 10
• Intersección Avenida 8 - Calle 10

• Intersección Avenida 8- Calle 14

CALLE CENTRAL

• Intersección Avenida 8- Calle Central
• Intersección Avenida 14- Calle Central
• Intersección Avenida 26- Calle Central

CALLE 9
• Intersección Avenida 2- Calle 9

• Intersección Avenida 14- Calle 9
• Plaza González Viquez

CALLE 11
• Intersección Avenida Central - Calle 11
• Plaza González Viquez

CALLE 21
• Intersección Avenida 3- Calle 21
• Intersección Avenida 2- Calle 21

• Intersección Avenida 10- Calle 20
• Intersección Avenida 12 Bis -Calle 20
• Intersección Avenida 12 Bis -Calle 19

• Intersección Calle 19 - Calle 13

387Annex 70

3.3 Tertiary routes.

Correspond to routes destined especially for industries that use fuels and are characterized by a low
traffic flow.

Many of the tertiary routesdo not even have a route number, therefore many times the name of the
nearest town is used to describe the route. Below is a description of each.

RUTA 202
• Intersección Avenida Central - Calle 1 (Tres Ríos)
• Dulce Nombre
• San Ramón

• Finca Penón
• San Rafael
• El Cristo

• Sabanilla
• Betania (Rotonda La Bandera)

RUTA 221
• Intersección Avenida 5- Calle 2 (Tres Ríos)
• Concepción
• San Josecito

• Laguna
• Intersección R221 - R203 (Santa Marta)

RUTA 203
• Intersección R.221 - R.203 (Santa Marta)

• Lourdes
• Intersección R.203 - R.2 (San Pedro)

RUTA YERBABUENA

• Yerbabuena (Cercanías de Tres Ríos)
• Intersección R.251 - Calle hacia San Rafael

RUTA CIPRESES
• Puente sobre el río María Aguilar
• Intersección R.251 - Calle hacia Cipreses (Cercanías de Curridabat)

RUTA SANTA MARTA
• Intersección calle hacia Santa Marta - R.203
• Intersección R 2 - Calle hacia Santa Marta (Cercanías de San Pedro)

388 Annex 70

RUTA 218
• Vista de Mar

• Zona Industrial
• La Mora
• Ipís

• Intersección R.218 - R.216

RUTA ISLA

• Isla
• Intersección Vista de Mar - Calle a la Isla (Cercanías de Jaboncillal)

RUTA ROJIZO

• Rojizo
• Intersección en Finca Choreques
• Intersección R.216 - Calle hacia Finca Choreques (Cercanías de San Isidro)

RUTA 102
• Intersección R.216 - Calle hacia Finca Choreques

• Gemelas
• Dulce Nombre
• Intersección R.102 - R.216
• Trapiche

• San Antonio
• Intersección R.102 - R.220
• San Blas

• Intersección Avenida 1- Calle 1 (San Vicente)

RUTA 220

• Intersección R.220 - R.102.
• Guayabal
• Alto Trinidad
• Paracito

• Puente río Para
• Intersección R.32 - R.220
• Intersección en San Miguel Sur

• Intersección R.220 - R.117

RUTA 308

• San Jerónimo
• Intersección R.308 - R.220

RUTA 117

• Intersección R. 116 -R. 117 (Los Ángeles)

389Annex 70

• Intersección R.220 - R. 117
• Intersección R.32 - R.117 (Cercanías de Montero)

RUTA 116

• Intersección R. 116- R. 117 (Los Ángeles)
• San Vicente
• Santo Tomas

• Barquero
• Pacifica
• Intersección R.116 - R.5 (Santo Domingo)

RUTA SANTO DOMINGO
• Intersección San Vicente
• Santo Domingo

• Intersección Avenida 7- R.5 (Santo Domingo)

RUTA ZAMORA

• Calle Zamora (Santa Rosa)
• Intersección Calle Zamora - R.5 (Quisqueya)

RUTA 129
• Intersección R.129 - Calle San Antonio de Belén
• Ribera
• Zona Industrial

• Geranios
• Llorente
• Intersección R.129 - R.3 (Cercanías San Joaquín)

RUTA ASUNCIÓN
• Intersección R.129 - Calle hacia La Asunción (Firestone)

• Intersección Calle hacia Arbolito - Calle hacia La Asunción
• Intersección Calle hacia Asunción - R.111 (Asunción)

RUTA ASUNCIÓN

• Intersección R.129 - Calle hacia San Antonio de Belén (Ribera)
• Intersección Calle 1 - R.111 (San Antonio)
RUTA 310

• Intersección Avenida 5- R.310 (Santa Marta)
• Concepción
• Intersección R.310- R.27 (Chispa)

• Pozos
• Intersección Calle Pozos - Calle hacia Honduras
• Honduras

390 Annex 70

• Real de Pereira
• Intersección R.310 - R.27 (Cerro Coyote)
• Guachipelín
• Intersección R.310 - R.121

RUTA POZOS
• Intersección Calle hacia Pozos - Calle hacia Honduras

• Intersección Calle hacia Pozos - R.147

RUTA 121

• Río Oro
• Intersección R.121 - R.147 (Puente sobre Río Uruca)

RUTA 311

• Intersección Calle Cerro -R.311 (Cercanías de Salitral)
• Salitral
• Santa Ana

• Intersección R.311 - R. 121

RUTA INA

• Planta Eléctrica Electriona
• Planta Eléctrica San Antonio
• Finca Animas
• INA

• Intersección Calle hacia el INA - R.1 (Cercanías Hospital México)

RUTA 104

• Aeropuerto Tobías Bolaños
• Hispania
• Intersección R.104 - Calle Central (Pavas)

RUTA PAVAS
• Intersección R.104 - Calle María Reina (Cercanías de Pavas)
• Intersección Calle 10 - Avenida 5

• Intersección Avenida 5- Calle 2
• Intersección Calle 2- Avenida 4
• Intersección Zona Industrial

• Intersección Calle Zona Industrial R.104

RUTA 214

391Annex 70

• Intersección R.214 -R.209 (San Rafael Arriba)
• Intersección R.214 - Calle hacia Bambú

• Intersección R.214 - R.217 (San Rafael Abajo)

RUTA BAMBÚ
• Intersección R.214 - Calle hacia Bambú (Cercanías de San Rafael Arriba)

• Intersección Calle hacia Bambú - R.209 (Bambú)

RUTA 207

• Intersección R.207 - R.210 (Cercanías Damas Desamparados)
• Intersección R.207 - R.211 (San Francisco de Dos Ríos)

RUTA 204
• Intersección R.204- R.211 (San Francisco de Dos Ríos)
• Intersección R.204 -R.215 (Zapote)
• Intercambio R.204 -R.39

• Mangos
• Tabacalera
• Intersección R.204 -R.2 (Cercanías González Lahmann)

RUTA 409
• Intersección R4.09 - R.2 (Cercanías San Diego)

• San Diego
• Rincón de Mesen
• Río Azul
• Loma San Antonio

• Intersección R.409 - R.210 (San Antonio)

RUTA PANTANO

• Intersección Calle Pantano -R.101 (Balsa)
• Intersección Calle Pantano - R.100 (Escuela Esmeralda Oreamuno, Cercanías de Cinco Esquinas)

RUTA PIUSES
• Intersección Calle Pantano - Calle Piuses (Bajo Piuses)
• Intersección Calle Piuses - R.101 (Cercanías de La Uruca)

RUTA CALLE FLORENCIO CASTRO
• Intersección Calle Florencio Castro - R.101
• Calle Florencio Castro

• Quebrada Rivera
• Intersección Calle Vargas - R.166 (Cercanías de La Uruca)

RUTA ZONA INDUSTRIAL

392 Annex 70

• Intersección R.101 - R.100 (Uruca)

• Intersección Zona Industrial
• Calle paralela a Zona Industrial
• Intersección Calle a Zona Industrial - R.100

RUTA HATILLO
• Intersección Calle Costa Rica - R.39 (Hatillo 4)

• Intersección Calle Costa Rica - Avenida Central
• Intersección Avenida Central - R.110 (Hatillo)
• Calle Pipianes
• Intersección Calle Pipianes -R.214

RUTA SAN MARTÍN
• Intersección Calle 28 - Avenida 10 (San Martín)

• Calle 28
• Intersección Calle 28 - Avenida 26
• Zona Industrial

• Calle 26
• Intersección Calle 26 - Avenida 10 (San José)

RUTA AVENIDA 18

• Intersección Calle 9 - Avenida 18 (Cleto González Viquez)
• Avenida 18
• Intersección Avenida 18- Calle 16

• Intersección Calle 16 - Avenida 14 (San José).

RUTA 167
• Intersección R.167 - R.104 (Esquina Suroeste de La Sabana)

• Intersección R.167 - R.27 (Esquina Sureste de La Sabana)

393Annex 70

IV. ASSIGNMENT OF SCHEDULES.

The determination of the schedule for the transport of hydrocarbons is aimed at prohibiting the
circulation of tanker trucks during peak hours on the main routes of the country in terms of traffic flows.

The routes considered of importance are shown in table 4.1. As you can observe it includes
routes such as Highways, Bulevar Circunvalación, Radiales and routes close to the roundabouts
(Rotondas). All of these are considered highly congested, in addition to being important routes.

Table 4.1Routes Selected for the determination of schedules
ROUTES
DESCRIPTION |
Ruta 2 Rotonda La Hispanidad
Ruta 108 Rotonda Gallito

Ruta 2 Avenida 2 (Centro de San José)
Ruta 1 Paseo Colón

Calle Juan Santamaría Calle 20 (Centro de San José)
Avenida Simón Bolivar Avenida 8

Avenida San Martín Avenida 10
Ruta 166 Radial Uruca
Ruta 3 Cercanías de la Intersección Pozuelo

Ruta 104 Pavas
Ruta 39 Circunvalación Este (Rotonda La Bandera)

Ruta 39 Circunvalación Sur (Rotonda Y Griega)

Ruta 213 Rotonda Paso Ancho

Ruta 214 Rotonda San Sebastián
Ruta 215 Rotonda Zapote

Ruta 210 Rotonda Hatillo
Ruta 1 (*)
Autopista General Cañas

Ruta 2 (*) Autopista Florencio del Castillo
Ruta 27 (*) Autopista Próspero Fernández
Ruta 32 (*) Autopista Braulio Carrillo

(*) Vehicle counts on these routes are in the vicinity of SanJosé.

394 Annex 70

Regarding schedules, the General Department of Traffic Engineering recommends that vehicles
transporting hazardous materials should not circulate outside of the Metropolitan Area between six p.m.
and five a.m., with Ruta 39 or the Bulevar Circunvalación as the limit. Within this area circulation will be

allowed from six p.m. to 10 p.m.

The restriction on the circulation of said vehicles at night is because the driver’s visibility

decreases, and the response capacity of emergency units (Firemen, Ambulances, Traffic police, etc.) is
much lower.

Vehicle counts corresponding to the abovementioned routes are shown in table 4.2. In addition,

Annex C shows the time variation profiles, whereby you can visualize better the peak hours both in the
morning and in the evening.
For Route 1 (General Cañas highway) there are four checkpoints where vehicle counts were

performed. These are: Río Torres, Radial Alajuela, Antiguo Peaje and Manolos. For the peak period in the
morning there is only one checkpoint that is not from 7:00 to 8:00 a.m., which is the Antiguo Peaje (old
toll). However, at this checkpoint, the difference between the traffic volume between 7:00-8:00 and
8:00-9:00 is only 2%, therefore we can generalize that the morning peak period is from 7:00 to 8:00. For

the evening period, all checkpoints showed that the peak is from 5:00 to 6:00 p.m.

For Route 2 there are five checkpoints, which show that the morning peak period is from 7:00 to

8:00 a.m., while for the evening the peak period is from 5:00 to 6:00 p.m. This same behaviour occurs on
Route 3, which corresponds to the Radial Heredia in the vicinity of the Pozuelo Intersection.

On Prospero Fernandez Highway the morning peak period is from 7:00 to 8:00 a.m., with the

exception of the checkpoint located by the Gimnasio Nacional, where it occurs from 8:00 to 9:00 a.m. As
for the evening peak hour it undoubtedly occurs from 5:00 to 6:00 p.m.

For Bulevar Circunvalación there are seven vehicle counts along the entire route. These points are
located near the roundabouts. The morning peak hour is from 7:00 to 8:00 a.m. The evening peak hour is
from 5:00 to 6:00 p.m., with the exception of the checkpoint located near Hatillo 6. Here the evening
peak hour is from 4:00 to 5:00 p.m. It is worth noting that on the Circunvalación there is a very important

peak from 11:00 a.m. to noon. This peak should be considered, given that at several places it surpasses
the peak periods corresponding to the morning and afternoon.

395Annex 70

216
17311997874195123551094225293933134422623 Ruta 162663976 21616108419452052324122112319
Ruta 39lito

319 34579 39033312389 290290353 025 349 767
Ruta 32qui 18479101711972160630145657106556110604
Ruta 215 C.

0
1630437115351925582149137640419052412 722 1211106101601290980972989 1040076118
Ruta 27
Rutaa2u1t3isIta
Gimnasio Nacl

0 0 996976 948676 931887816879
2542797152350206025245284632886903081 Aguilar 1Q0202-015
RutaRio Tiribi

Ruta 213 R. Ma.

0
495 10751120115844887 908 1016 12271432 2887631286797281654276586047996027502
RutaSanta Ana Ruta 166

Ruta 3103518195099176709462352137136265970821912 893
14535561417631145841144715807267115677

Rutaio16T6orres

Ruta 2 13062155610524103446354139165226997012084 842946753 737226 724600624790855900993

Rutalau0elita

7791056886948995 832773868928 1074 1204
Ruta 2 11621363799163456287243124133794759501704 Ruta 110lo
TABLE 4.2 VEHICLE COUNTS
DeCsapésoCartago Antes

OF BASIC STUDIES MINISTRY OF PUBLIC WORKS AND TRANSPORT
11302093450143237213191120184084453921630 10613938571510935164934175805467618414995
Rula 2 Ruta 106
Tres Ríos

11281991733219653953221622233933852162557 12715817561614225212573127238138077519834
Ruta 2 Ruta 104
DEPARTMENT Los Yoses

O
Ruta 2 13341607023203922277030177220320004692338 25525412521265268610178734165570120756
San Pedro Ruta 39 15re

0 0
Ruta 1 88022 77199623723 572748783 322 865 174278116109251804541731651160685188
Manolos
Rutaa3ti9llo S

a
31018742471456033072452656407186359?
RutAntiguo
Ruta.19956220824225979277402232792195727434131

0
Rut.a1lajuela2099411287936B70 831078931004?1102 308595322204172512247 21542679935113
Ruta.394 2335

396 Annex 70

Other routes considered important are those that join Circunvalación through the different
roundabouts. These are Routes 213, 214, 215 and 110. All of these routes have peak hours from 7:00 to
8:00 a.m. in the morning and 5:00 to6:00 p.m. in the evening.

Another important route, due to the traffic flow and the abundance of service stations is Radial
Uruca. The MOPT Planning Department has two checkpoints here. One is located on the bridge over Río
Torres and the other in front of the plaza of La Uruca. For the first checkpoint the rush hour is from 8:00

to 9:00 a.m. in the morning and in the evening from 3:00 to 4:00 0.pm. For the second checkpoint the
morning peak is from 10:00 to 11:00 a.m., while the afternoon peak is from 4:00 to 5:00 p.m. In addition
to these counts, according to recent studies conducted in the Radial Uruca (Duran, 1996) the morning

peak hour occurs from 7:00 to 8:00 a.m. while the evening peak hour is from 5:00 to 6:00 pm.

For the routes corresponding to downtown San Jose, the Planning Department does not have
vehicle counts. However, the "Plan of Road Reordering for downtown San José" (LCR, Logistics, 1996)

performed vehicle counts, showing that the morning peak period is from 7:00 to 8:00 a.m. and in the
evening from 4:00 to 5:00 p.m."

According to the time variation profiles we can generalize that in most of the routes chosen for
their traffic flow the morning peak period is from 7:00 to 8:00 a.m. The evening peak hour is from 5:00 to
6:00 p.m.

It is important to clarify that in some places the morning peak extends a little bit after 8:00 a.m.
For the afternoon sometimes rush hour begins before 5:00 p.m. Consequently, we recommend restricting
the circulation of vehicles transporting hydrocarbons from7:00 to 8:30 a.m. and from4:30 to 6:00 p.m.

on the routes mentioned at the beginning of this chapter.

397Annex 70

V. VERTICAL ROAD SIGNS.

In terms of road signs, in Costa Rica there is no sign related to the transportation of hazardous
materials. Thus, we consulted various manuals on signalling, namely: United States Manual, Mexican

Manual and the Spanish Manual. In the first two there is no sign corresponding to hazardous materials.
In the Spanish Manual we found a sign that prohibits the passage of hazardous materials; however it is
not very representative or known in our environment.

Having found no vertical sign, we created a design that is adequate for the correct information of
the drivers who transport hazardous materials. The three types of signs considered necessary are the
following:

• Sign that allows the circulation of vehicles transporting hazardous materials for a specific route.
• Sign that prohibits the circulation of vehicles transporting hazardous materials for a specific
route.

• Sign that restricts the circulation of vehicles transporting hazardous materials to the
recommended times.

The signs described above areshown in figures 5.1, 5.2 and 5.3 respectively, and correspond to

regulatory-type signs.

It is important to note that this work corresponds to a first stage in which only the transport of

hydrocarbons is being considered. In subsequent stages the routes and schedules for the transport of
gases and chemicals will be taken into account. Consequently, the recommended signs must be adapted
to any hazardous substance.

The recommended signs can be used for the transport of any type of hazardous material.
However, there must be a differentiation for each substance, since certain routes may coincide for the
transport of two or more hazardous substances, or there is a possibility that a certain route is exclusively

for the transport of a particular substance.
To be able to distinguish the type of substance transported, we recommend using different colours for
the vehicle shown in the signs. The recommend colours are the following:

398Annex 70

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401Annex 70

• Hydrocarbons: Orange

• Gases: Red
• Chemical Substances: Yellow

If there is the possibility that a route can be used for the transport of two or more hazardous
substances, the vehicle must be coloured with the colours corresponding to the type of substance.

It is worth noting that the location of the sign is subject to a prior study, which shall be

performed by the General Department of Traffic Engineering. In addition, the design of the vertical sign
is also subject to variations that said Department deems appropriate.

VI. BIBLIOGRAPHY

Durán Ortiz, Mario Roberto, “Análisis y Diseño Funcional del Complejo de Intersecciones Bulevar
Circunvalación - Autopista General Cañas - Radial Uruca”. (Analysis and Functional Design of the Complex
of Intersections in the Bulevar Circunvalación -Autopista General Cañas -Radial Uruca.)

Consejo de Seguridad Vial, Ministerio de Obras Públicas y Transportes: San José, 1996, Final Report.

LCR Logística S.A., “Evaluación Técnica del Plan de Reordenamiento Vial del Centro de San José”.

(Technical Evaluation of the Plan for Road Reordering in Downton San José). Compañía Nacional de
Fuerza y Luz: San José, 1996, Final Report.

MOPU, “Catálogo de Señales de Circulación”. (Road Sign Catalogue) Spain, 1966

U.S. Department of Transportation, “Manual on Uniform Traffic Control Devices".
United States, 1988.

402 ANNEX 71

Note from the Chief of Post, Police Delegation of Sarapiquí, Costa Rica,
to the Regional Director of the Fourth Region-Heredia

Reference 1571-2010-DPS

27 September 2010

English Translation and Spanish Original

403404 Annex 71

Ministry of Public Security
General Direction of Public Force

Direction of Operations

27 of September, 2010
No: 1571-2010- DPS

Commisioner
Daniel Calderón Rodríguez
Regional Director
Fourth Region- Heredia

Dear Mr.:

The following constitutes the statement prepared by agents, Eddy Gonzales Prado and

Carlos Porras Campos, who belong to the Golfito Cureña Sarapiquí Police Station, in
reference to a concern conveyed by Costa Ricans who reside in the Colorado River
bank, border with Nicaragua, regarding the alleged departure clearance tax or the
payment for the respective permit for navigation in the San Juan river, and which states

as follows:

I hereby inform you as follows: on the day 09-18-2010, we departed at 8.00 hours, on
the motorcycle 1362, drivers Carlos Porrras Campos and Eddy González Prado headed

to the Copalchi and Tambor sector to perform the usual preventive pa trol, area
surveillance, and to obtain Judicial documentation at the Sochil Corner Store, located in
Tambor, they where approached by individuals Ramón Espinoza Gutiérrez residency
number 155813163434, Omal Espinoza Gutiérrez identification number 2-0647-0980,
Maria Aguilar Saiz residency number 155813864123, residents of Cureña, on the boat

El Pescador; they affirmed that while they were headed to Delta Costa Rica, Nicaraguan
members of the military in Boca of Sarapiquí, charged them a departure clearance tax of
one thousand colones and said that the document had to be presented at the Delta Costa
Rica, once they headed back to Cureña they had to pay the departure clearance tax once

again in the Delta Station and deliver it to Boca de Sarapiquí, this would apply to all the
vessels that navigated the San Juan River.

It is important to mention that people are concerned because such actions are against the

sentence issued in July 2009 by the International Court of Justice (ICJ), The Hague
organization, in which Costa Rica’s right of free navigation, with purposes of commerce
in the San Juan River are recognized, including the transportation of passengers and
tourists.

Although it is true that (ICJ) underscored Nicaragua’s sovereignty over the river, it also
established that that is not “without limits” and that its why it rejected that Managua has
the right to ask for visas or tourism permits to the tourists that travel o n Costa Rican

boats, It also denied to Nicaragua the right to require the payment of a departure
certificate for Costa Rican boats.

405Annex 71

With no further information for the time being, and in hopes of informing you
accordingly;

Yours truly,

Sub intendente
Elder Monge Castro
Jefe de Puesto
Police Delegation of Sarapiquí

406Annex 71

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409410 ANNEX 72

Manuel Coronel Kautz, Vice-Minister of Foreign Affairs of Nicaragua and

Designated Chairman of the Canal Authority of Nicaragua.
Grand Canal of Nicaragua Project

June 2012.

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420 ANNEX 73

Ministry of Foreign Affairs and Worship of Costa Rica

New works in the Northeastern Caribbean Wetland. Report to the Executive
Secretariat of the Ramsar Convention on Wetlands.

July 2013

English translation

421422 Annex 73

Ministry of Foreign Affairs
Republic of Costa Rica

NEW WORKS IN THE NORTHEAST

CARIBBEAN WETLAND

Report for the Executive Secretariat of the
Ramsar Convention on Wetlands

July 2013
0

423Annex 73

Table of Contents

1. Background ................................................................................................................................ 2

2. The works...................................................................................................................................4

2.1. New posts for the Public Forces and expansion of the existing post at Delta Colorado......5

2.2. Isla Calero Technological Project, Tower Infrastructure for Control and Surveillance.........5
2.3. Biological Station.................................................................................................................7

2.4. Ruta1856............................................................................................................................. 8

Figure 1: Illustrative map of the new works at the HCN ......................................................... 9

Figure 2: Containers and construction of Tower A at Delta Post 7.....................................10

Figure 3: Tower B at Isla Calero .............................................................................................. 11

Figure 4: Power line for police post and Tower at Delta 7 ...................................................12

Figure 5: Wiring for electrical connection of Tower B ........................................................... 13

Figure 6: Police post and Tower C at the mouth of Agua Dulce Lagoon ........................... 14

Figure 7: Power supply for police post and Tower C at the mouth of Agua Dulce Lagoon
.....................................................................................................................................................15

Figure 8: Access to police post and Tower D at Punta Castilla ..........................................16

Figure 9: Police post at Punta Castilla ....................................................................................17

Figure 10: Tower D at Punta Castilla ...................................................................................... 18

Figure 11: Photograph of the side of the MINAET biological station ..................................19

Figure 12: Bases of the MINAET Biological Station ............................................................. 20

Figure 13: Sewage treatment plant of the MINAET biological station ................................ 21

Figure 14: Photovoltaic electric system of the MINAET biological station ......................... 22

ANNEXES......................................................................................................................................23

1

424 Annex 73

1. Background

As a result of the occupation and use of the Costa Rican territory in the area of
Finca Aragón, Isla Portillos, carried out illegally by Nicaragua in O ctober 2010,
which also included environmental damages to the area, on November 18 of that

year Costa Rica filed an application before the International Court of Justice (ICJ)
accompanied by a request for provisional measures. The Costa Rican territory that
was occupied and damaged by Nicaragua is part of the Northeast Caribbean
Wetland (Humedal Caribe Noreste , hereinafter “HCN”) which is a Ramsar site,
registered in the list of wetlands of international importance of the Ramsar

Convention since March 20, 1 996. Due to this circumstance and in compliance
with the provisions in paragraph 3 of the Convention on Wetlands of International
Importance, especially as a waterfowl habitat, known as the Ramsar Convention,
Costa Rica informed the Ramsar Secretariat of the facts, on the grounds that they
were altering the ecological balance of the wetlands. The Ramsar Convention

entered into force on 21 December 1975, and it was signed by Costa Rica and
adopted as a law of the Republic through Act No. 7224, published in the Gazette N
° 86 of 8 May 1991

In the Order of Provisional Measures issued by the ICJ on 8 March 2011, the
following provision was included:

“86. For these reasons,
THE COURT,
Indicates the following provisional measures:

(1) Unanimously,
Each Party shall refrain from sending to, or maintaining in the disputed
territory, including the caño, any personnel, whether civilian, police or
security;

(2) By thirteen votes to four,
Notwithstanding point (1) above, Costa Rica may dispatch civilian personnel
charged with the protection of the environment to the disputed territory,
including the caño, but only in so far as it is necessary to avoid irreparable
prejudice being caused to the part of the wetland where that territory is

situated; Costa Rica shall consult with the Secretariat of the Ramsar
Convention in regard to these actions…”

In accordance with the provisions of the ICJ in this paragraph, the Ministry of the
Environment, Energy and Telecommunications (Ministerio del Ambiente, Energía y

Telecomunicaciones, MINAET) of Costa Rica created a group of national experts
so that along with three experts appointed by the Ramsar Secretariat a Joint
Mission would be integrated to perform an environmental assessment on the
status of the resources in the are a indicated by the ICJ to determine the actions
necessary to prevent further irreparable damage to that part of the wetland. Said

visit was conducted on 5 and 6 April 2011. The conclusions of the visit and the
corresponding work plan were presented to the Ramsar Secretariat in October
2011 in the document "First Technical Report for the Initial Evaluation and

2

425Annex 73

Assessment of the Environmental Situation in the Northeast Caribbean Wetland
within the framework of the Order of the International Court of Justice".

On the other hand, the Order of Provisional Measures of 8 March 2011 included
the following considerations paragraph:

“78. Whereas, in order to prevent the development of criminal activity in the
disputed territory in the absence of any police or secur ity forces of either

Party, each Party has the responsibility to monitor that territory from the
territory over which it unquestionably holds sovereignty, i.e., in Costa Rica’s
case, the part of Isla Portillos lying east of the right bank of the caño,
excluding the caño; and, in Nicaragua’s case, the San Juan river and
Harbour Head lagoon, excluding the caño; and whereas it shall be for the

Parties’ police or security forces to co -operate with each other in a spirit of
good neighbourliness, in particular to combat any criminal activity which
may develop in the disputed territory;”

This paragraph requires both countries to provide security to the area from their

corresponding territories which are not in dispute. In the case of Costa Rica, since
their police cannot navigate the San Juan River to reach the area, this provision
meant having to establish new police posts, as well as infrastructure to enable
effective monitoring, such as towers and surveillance cameras.

Moreover, the occupation and use of Costa Rican territory and environmental
destruction carried out by Nicaragua in the area of Isla Portillos in October 2010
was later accompanied by other hostile acts by that country, which evidenced
Nicaragua’s intention to entirely ignore the border regime. F or example, in
November 2010 President Daniel Ortega announced Nicaragua’s intention to

claim from Costa Rica a right to free navigation on Colorado River, which
international instruments do not grant. Additionally, during the oral hearings
relating to the request for provisional measures submitted by Costa Rica against
Nicaragua before the International Court of Justice, the Nicaraguan Agent
announced his country’s position to ignore the regime of condominium in the bays

of Salinas and San Juan del Norte. In addition, Nicaragua’s representatives
defended the -incorrect- legal position that according to the instruments that
govern the border regime, Nicaragua has right to occupy Costa Rican territory and
Costa Rica only would only be entitled to compensation. Subsequently, President
Ortega threatened to reclaim the Costa Rican province of Guanacaste, and the

Chief of the Nicaraguan Army announced his intention to stop Costa Ricans who
visit the area indicated by the International Court of Justice in compliance with the
Order of Provisional Measures of 8 March 2011.

In view of the threats to national security and territorial integrity from the

Nicaraguan actions, Costa Rica, as a sovereign country and pursuant to the right
to defend itself, has the power with in the framework of international law of having
the appropriate infrastructure that will allow its public authorities and inhabitants to
transit easily along the border, as well as providing access to the border
communities from other points in the interio r of the country, if necessary, and to

perform any act of defence of its territorial integrity. This is particularly important in
the sector of Costa Rican territory where there was no other means of

3

426 Annex 73

communication apart from the San Juan River, on which na vigation has been
systematically restricted by the Nicaraguan authorities, despite Costa Rica’s
perpetual right to free navigation, established in the respective instruments and

ratified in 2009 by the International Court of Justice.

As a first measure, the Government of Costa Rica initiated actions in December
2010 in order to allow access by land to the police post located at the Delta where
the San Juan River forks and the Colorado River is born, site known as Delta 7

(see Figure 1). Thus, an existing route was rehabilitated between the Delta and
the town of Fatima, which is located in the Northeast Caribbean Wetland. Later
these works were extended to the West, along the border that runs along San
Juan River, in order to allow not only the police and o ther Costa Rican institutions
to have land access to different points of the national border area, but also to allow

the inhabitants to move if necessary. Therefore, this road also has the function of
reducing the dependence of the inhabitants of the border communities, and of the
State institutions that provide basic health and education services, on the use of
the San Juan River as the only way of communication that has traditionally existed
in that area, given the restrictions imposed by Nicaragua to Cos ta Rican

navigation on the San Juan River.

Within this context, the Government of Costa Rica issued Executive Decree No.
36440-MP published in The Gazette No. 46 of 7 March 2011, Publication no. 14
(see Annex 1), which ordered a "State of emergency situation and the process

triggered by the violation of Costa Rican sovereignty by Nicaragua." Considering
clause 5 of the Decree reads as follows:

“5. That Article 1 of Executive Decree No. 36440 -MP, declares a State of
Emergency in the cantons of La Cruz, Upala, Los Chiles, Sarapiquí, San

Carlos and Pococí as these border with Nicaragua, a country that performs
illegal actions on Costa Rican territory which threaten the life, physical
integrity and property of its inhabitants, as well as against the national
sovereignty and the environment“.

This Decree also allowed protecting the works that have been performed in the
Northeast Caribbean Wetland.

The foregoing background and context explain the reasons why the Government
of Costa Rica saw the need to perform new works in the Northeast Caribbean

Wetland. Below these works will be explained in greater detail.

2. The works

The works that are being built at the HCN consist of the installation of 2 new police
posts (one at the entrance of the fresh water lagoon and t he other at Punta
Castilla) and the expansion of the one that already existed at Delta del Colorado; a
biological station at Punta Castilla; four surveillance towers (two at Colorado Delta,
one at the mouth of Agua Dulce Lagoon and one in Punta Castilla; a nd electrical

connection and computer infrastructure named Isla Calero technological project.
There is also a portion of Ruta 1856 located within the boundaries of the HCN,

4

427Annex 73

therefore it is included in this report. Figure 1 shows the location of each of the se
works, which are described below. The exception is made that the area of the
mouth of Agua Dulce Lagoon is located outside the limits of the HCN, but it has

been included in this report due to its relationship with the other works.

2.1. New posts for the Public Forces and expansion of the existing post at
Delta Colorado

On 26 December 2010 a police post was installed at the mouth of Agua Dulce
Lagoon, using a house that already existed in the area of approximately 100
square meters (see Figure 6. In addition, it has a tower for video surveillance and

protection of the sector, 60 metres high. Electricity was brought to this station with
a line of approximately 10 km (see Figure 7), for which the corresponding permits
were processed before the National Emergencies Commission (see Annex 3) and
the National System of Conservation Areas, SINAC (seeAnnex 4).

On 15 January 2012 the improvements to the physical plant of the so-called Delta
Costa Rica post (Delta 7) began, which already existed from the end of the 1970s

of approximately 80 square metres. In addition, three containers were placed at
this post, which serve as a sleeping area for the policemen posted to the area, and
one which operates as an office (See Figure 2). These works are temporary, while
the permanent works are built. In addition to the improvements to the physical
structure, two towers were installed to perform video surveillance and protection of

the sector, the first 60 metres high, on the south bank of the Colorado River and
the second tower on the north bank of the Colorado River with a height of 30
metres (see Figure 3 ). Electricity was brought to this station with a line of
approximately 25 km starting from La Aldea (see Figure 4 ), for which the
corresponding permits were processed before the National Technical

Environmental Secretariat (seeAnnex 2).

It has been planned to build in the future a new police station on the southwestern
point of Isla Calero, on the left bank of the Col orado River, in front of the Delta 7
post.

On 25 January 2012 a police post was installed in the sector of Punta Castilla, with
a physical structure of approximately 160 square meters. In addition, it has a

tower that is 60 metres high. The power supply is based on solar panels. (See
Figures 8-14)

2.2. Isla Calero Technological Project, Tower Infrastructure for Control
and Surveillance

This project consists of the construction of four surveillance towers, located at the
following sites: two in the Delta s ector, one at post at the mouth of Agua Dulce
Lagoon and the other at the post at Punta Castilla.Figure 1 shows the four towers

identified with letters A (post at Delta 7), B (Isla Calero, opposite the Delta 7 post
on the opposite bank of the Colorado River), C (mouth of Agua Dulce Lagoon) and
D (Punta Castilla). At the time of the visit of the Ramsar Technical Mission the
towers were under construction, as shown in the photographic record included, but
were subsequently concluded.

5

428 Annex 73

Initially the project co ntemplated the construction of 6 towers, but it was then
adjusted to 4 in the areas defined as priority and shown in the figures included in
this section of the report. The towers will have long range cameras (15 kms) to

serve as a support for the national security strategy in the border area. While the
process of acquisition of long -range cameras is completed, others with a smaller
range have been installed temporarily.

The camera at Punta Castilla (D) receives electricity from photovoltaic cells, while
the other three receive electricity through cables.

To provide electricity to the police station located at Delta 7 and to the surveillance

towers and cameras (A and B), as well as for the benefit of the inhabitants of the
area, a power distribution line wa s traced on the existing public street, 24.6
kilometres long, between the villages of Aldea and Delta, which also entails the
installation of approximately 255 concrete posts, 11m high (see Figure 4 ).
Furthermore, subsequently a submarine cable was install ed under the bed of the

Colorado River to provide electricity to tower B, located on the southwest point of
Isla Calero (See Figure 5).

In the case of the police post, the tower and the camera at the mouth of Agua
Dulce Lagoon (C), an electric distribution line was traced from the village of Barra
del Colorado, with a distance of 10.9 km long (seeFigure 7).

The Ministry of Public Security, with the technical support of the Instituto
Costarricense de Electricidad (ICE), was responsible for the construction of these

works. MINAET issued the corresponding guidelines, specifically for the Delta
Costa Rica sector, so that the power line after the Delta was a submarine line.

ICE called this activity "Isla Calero Technological Project" and said Institute
processed all of the environmental permits required under the Administrative File #
D1-5901-2011-SETENA, obtaining the environmental feasibility of the project,

approving the stage of Environmental Management stage subject to compliance
with the environmental commitment clause.

The work was planned based on Executive Decree N° 36440, published in The
Gazette No. 48 of 7 March 2011 and Agreement N° 330 -2011 of 24 August 2011,
as well as Agreement N° 363 -2011 on 21 September 2011, both of the Board of
Directors of the National Emergency Commission.

On the website of the Presidential House the work performed in the North area is

explained in the following terms:

"In addition, thanks to a 24 -km power line built by the Instituto Costarricense de
Electricidad (ICE), more than 100 families of Fatima, San Antonio and Delta-Costa
Rica, in the canton of Sarapiquí, Heredia and the border area with Nicaragua,
benefited with electricity for the first time. This work -which represents an

investment of ¢250 million colones- allows for the improvement of socio-economic,
educational and safety conditions of the inhabitants of this region."

ICE filed before SETENA an application for approval of the environmental viability
for the works of two power lines, one from Aldea to Delta Costa Rica and the other
from Barra del Colorado to Agua Dulce. MINAET issued in administrative file N°
TO01 - PCE-SU-00341-2012, the resolution ACTO-GWRN-OFAU-116-12 whereby

6

429Annex 73

it grants permission to cut 324 trees and 183 coconut palms necessary for the
project. The authorization was provided by ICE’s “Área de Desarrollo de Guápiles”
(Guápiles Development Area), which is responsible for the works on site.

In both projects ICE had the support of the Offices of the Tortuguero Conservation
Area (ACTo). This conservation area analysed and reviewed the routes and made
environmental recommendations.

The electric network of Aldea-Delta was already built and is in operation, while the
electrification from Barra del Colorado to Agua Dulce is in process.

2.3. Biological Station

The Tortuguero Conservation Area, supported by the Emergency Plan approved
by the CNE in attention to Executive Decree No 36440 -MP, began the
construction of a biological station at Punta Castilla, which measures

approximately 162 m2 (see Figures 11 and 12). This work was tendered through
Institutional Purchases ( Proveeduría Institucional ), following the procedures
established by CNE, and the blueprints were duly approved by the Costa Rican
Association of Engineers and Architects, and the CNE co nducted the
corresponding monitoring of the work, as well as an external supervision

performed by a company of specialists and consultants on this topic.

The creation of a biological station in the area of Isla Calero -Isla Portillos of the
Northeast Caribbean Wetland area obeys the following objectives:

-Consolidate the management of the Northeast Caribbean Wetland through a
research program that allows generating scientific information that will permit
updating the management of the HCN and the management plans of the Barra del
Colorado National Refuge and Tortuguero National Park.

-Create an appropriate programme for biological monitoring of the status of
existing resources, mainly on Isla Calero, allowing management to take the
necessary preventive and corrective measures.

-Consolidate a prevention and control programme to prevent the alteration of the
existing natural resources.

MINAET hopes to achieve these goals through a research programme specializing
on the subject, with the participation of national and foreign researchers, as well as

a biological monitoring programme to measure the status of existing ecosystems,
and finally a programme for prevention and control of natural resources to protect
the biological diversity existing on Isla Calero-Isla Portillos and neighbouring sites.

It has been estimated that for the adequate functioning of the Biological Station 21
MINAET employees are required.

At the time of the visit of the Ramsar Technical Mission, the construction of the

biological station had been completed in a satisfactory manner, and already had
the accommodation equipment for lodging. Sanitation, adequate disposal and
wastewater treatment works were finished in February 2013. Figure 13 shows the
waste treatment plant, while Figure 1 4 shows the batteries that provide power
from photovoltaic energy to the station. This aspect is particularly sensitive due to

7

430 Annex 73

the high groundwater levels existing on the site. Furthermore, as p art of the
research project, a utility vehicle for four people was acquired. It is expected that
the Station will have a laboratory to handle the samples.

2.4. Ruta1856

As indicated in the background section, a portion of Ruta 1856 is located within the
limits of the HCN, between Delta 7 and the town of Fátima. This section can be

seen in Figure 1, and it measures 14.9 kilometres. It has an average road width of
5.14 metres, and an average right of way of 21.42 metres. This was the first sector
of Route 1856 that was built, and it consisted in the rehabilitation of an existing
rustic road, so its construction did not alter at all the use of the existing soil prior to
the work, given that it had already existed for many years, since it was the only

way of communication, very limited, between Fátima and the Delta. Enabli ng this
passage for vehicles originated in the need to allow land access to the Delta 7
police station, in order to facilitate their work in national defence.

The Government of Costa Rica is currently in process of creating the bid for the
final plans of t he entire Ruta 1856, for which the work was divided into five

sections. The stretch from Delta7-Boca Sarapiquí, which includes the sector of the
route which passes through HCN, was opened to a bidding process through an
abbreviated tender, so it is expecte d that the final plans will be available in the
medium term.

8

431Annex 73

NEW WORKS AT THE NORTHEAST CARIBBEAN WETLAND

Figure 1: Illustrative map of the new works at the HCN

9

432 Annex 73

DELTA COSTA RICA TORRE A

Figure 2: Containers and construction of Tower A at Delta Post 7

10

433Annex 73

DELTA COSTA RICA TORRE B

Figure 3: Tower B at Isla Calero

11

434 Annex 73

ALIMENTACION ELECTRICA A TORRE A

Figure 4: Power line for police post and Tower at Delta 7

12

435Annex 73

ALIMENTACION ELECTRICA A TORRE B

Figure 5: Wiring for electrical connection of Tower B

13

436 Annex 73

AGUA DULCE TORRE C

Figure 6: Police post and Tower C at the mouth of Agua Dulce Lagoon

14

437Annex 73

ALIMENTACION ELECTRICA A TORRE C

Figure 7: Power supply for police post and Tower C at the mouth of Agua Dulce

Lagoon

15

438 Annex 73

PUNTA CASTILLA TORRE D
ACCESOS

Figure 8: Access to police post and Tower D at Punta Castilla

16

439Annex 73

Figure 9: Police post at Punta Castilla

17

440 Annex 73

Figure 10: Tower D at Punta Castilla

18

441Annex 73

Figure 11: Photograph of the side of the MINAET biological station

19

442 Annex 73

Figure 12: Bases of the MINAET Biological Station

20

443Annex 73

Figure 13: Sewage treatment plant of the MINAET biological station

21

444 Annex 73

Figure 14: Photovoltaic electric system of the MINAET biological station

22

445446 ANNEX 74

Report by the Director Generalof the Organization for the Prohibition of

Chemical Weaponson the Status of Implementation of Article VII of the
Chemical Weapons Convention as at 31 July 2014; Additional Measures for
States Parties that possess industrial Facilities which are declarable under

the Convention
Reference EC-77.7, C-19/DG.8

13 May 2014

447448 Annex 74

OPCW Executive Council

Seventy-Seventh Session EC-77/DG.7
7 – 10 October 2014 C-19/DG.8
13 May 2014
Original: ENGLISH

REPORT BY THE DIRECTOR–GENERAL

STATUS OF IMPLEMENTATION OF ARTICLE VII OF THE CHEMICAL WEAPONS
CONVENTION AS AT 31 JULY 2014: ADDITIONAL MEASURES FOR STATES
PARTIES THAT POSSESS INDUSTRIAL FACILITIES WHICH ARE DECLARABLE
UNDER THE CONVENTION

CS-2014-8715(E) distributed 25/08/2014 *CS-2013-8715.E*

449Annex 74

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Legislative and administrative implementation

1. In operative paragraph 1 of the decision on the follow-up to the plan of action
regarding the implementation of Article VII obligations (C-10/DEC.16, dated
11 November 2005), the Conference of the States Parties (hereinafter “the
Conference”) stressed that it is imperative for States Parties that had yet to fulfil their
obligations under Article VII to do so without delay.

2. At the Third Special Session of the Conference of the States Parties to Review the
Operation of the Chemical Weapons Convention (hereinafter “the Third Review
Conference”), the Conference “[e]ncouraged the Secretariat to explore innovative
methods of providing assistance on tailor-made approaches as a potential means to
further advance the implementation of Article VII” (paragraph 9.103(c) of RC-3/3*,

dated 19 April 2013). Furthermore, the Technical Secretariat (hereinafter “the
Secretariat”) was requested “to continue to submit its annual report on the
implementation of Article VII to the Conference, and … to include an assessment in
this report, for consideration by th e policy-making organs, containing a
comprehensive and objective analysis of the current status of national

implementation, with a view to tracking the progress made and formulation of
focused assistance programmes” (paragraph 9.103(h) of RC-3/3*).

3. Pursuant to the request received from the Third Review Conference, and in close
cooperation with States Parties, the Secretariat has updated the two matrixes included
in the annual reports—the one addressing the initial measures taken by States Parties

in accordance with Article VII and the second, listing additional measures—and is
presenting them in two concurrent reports, as requested by the Conference
(paragraph 8 of C-14/DEC.12, dated 4 December 2009).

4. In this context, on 28 February 2014, the Secretariat sent a note verbale to all States
Parties requesting them to provide updates on the status of implementation of Article

VII and to fill in the matrixes attached to the note verbale. At the cut-off date of the
current report, 32 States Parties had replie d to the note verbale a nd 29 had filled in
and submitted the updated matrixes1(see Table 1).

TABLE 1: STATES PARTIES THAT HAVE FILLED IN THE UPDATED

MATRIXES AND SUBMITTED THEM TO THE SECRETARIAT

Andorra Croatia Namibia*
Armenia Cyprus Netherlands
Austria Czech Republic Peru

Bangladesh France Senegal
Belgium Iraq Singapore*
Belarus Italy Sweden
Brazil Japan Thailand

Bulgaria Kuwait* Ukraine
China Luxembourg United Arab Emirates
Colombia Malaysia Viet Nam
Costa Rica Mexico

1
States Parties identified by an asterisk (*) replied to the note verbale but did not fill in the matrixes.

450 Annex 74

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5. The global status, as at 31 July 2014, of the relevant elements of legislative and

administrative implementation is reflected in the tables below.

TABLE 2: OVERVIEW OF THE LEGISLATIVE IMPLEMENTATION OF THE
CONVENTION
Article VII(5) submission received 150 (79%)

Legislation covers all initial measures 112 (59%) in full
32 (17%) in part
Legislation covers additional measures 94 (49%)
Text of adopted measures provided 133 (70%)

TABLE 3: STATUS OF ELEMENTS OF LEGISLATIVE AND
ADMINISTRATIVE IMPLEMENTATION UNDER THE PURVIEW
OF THE PRESENT REPORT, AS AT 31 JULY 2014
Number and Percentage
Indicators of States Parties Having

Implemented the Measure
Control Regime (Including Penalties)
Initial declarations for relevant 176 (93%) in full
industrial facilities 5 (3%) in part
Licensing of Schedule 1 chemical 96 (51%) in full

production facilities 1 (1%) in part
Reporting on Schedule 1 97 (51%) in full
production 14 (7%) in part
(including reporting Schedule 2 99 (52%) in full
on processing and 13 (7%) in part

consumption for Schedule 3 99 (52%) in full
Schedule 2) 14 (7%) in part
Declaration regime for other chemical 100 (53%) in full
production facilities (OCPFs) 14 (7%) in part
Verification Regime (Including Penalties)

Access to facilities and other inspectio99 (52%) in full
powers 2 (1%) in part
On-site support from operators and staff 99 (52%) in full
2 (1%) in part
Confidentiality Regime (Including Penalties)

Provisions ensuring the protection of 98 (52%) in full
confidential information 2 (1%) in part

451Annex 74

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TABLE 4: EXPLANATION OF COLUMN HEADINGS IN THE TABLES
CONTAINED IN THE ANNEX TO THIS REPORT

Heading Explanation
Control Regime (Including Penalties)
Initial declarations “X” indicates that the national legislation/regulations ensure that
for relevant industrial the State Party is in a position to provide all information required
facilities for the initial declarations required under Article VI of the

Convention.
Schedule 1 Schedule 2 Schedule 3
Licensing of “X” indicates that the
Schedule 1 chemical legislative/
production facilities administrative

measures establish
licensing in line with
paragraphs 8, 9, 10,
11 of Part VI of the
Verification Annex.
Reporting on “X” indicates that the “X” indicates that “X” indicates that

production (including national legislation/ the national the national
reporting on regulations ensure legislation/ legislation/
processing and that the State Party is regulations ensure regulations ensure
consumption for in a position to fulfil that the State Party that the State Party
Schedule 2) the reporting is in a position to is in a position to

requirements fulfil the reporting fulfil the reporting
concerning requirements requirements
production of concerning concerning
Schedule 1 production, production of
chemicals, as processing and Schedule 3
required under consumption of chemicals, as

section D of part VI Schedule 2 required under
of the Verification chemicals, as section A of part
Annex required under VIII of the
section A of Part Verification Annex
VII of the
Verification Annex

Declaration regime “X” indicates that the national legislation/regulations ensure that
for OCPFs the State Party is in a position to provide all information required
for the declaration, pursuant to pa ragraph 1 of Part IX of the
Verification Annex and any update of that information (see
paragraph 3 of Part IX of the Verification Annex).

Verification Regime (Including Penalties)
Access to facilities “X” indicates that the national legislation/regulations ensure that
and other inspection the State Party is in a position to warrant OPCW inspectors access
powers to the relevant facilities during the execution of inspection
activities (including challenge inspections), pursuant to the
relevant provisions of the Convention.

On-site support from “X” indicates that the national legislation/regulations ensure that
operators and staff the State Party is in a position toensure support from operators
and staff of relevant facilities during the execution of inspection
activities by the Organisation.

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Heading Explanation

Confidentiality Regime (Including Penalties)
Provisions ensuring “X” indicates that the national legislation/regulations ensure the
the protection of protection of confidentiality, pursuant to the relevant provisions of
confidential the Convention.
information

“(X)”, that is, X in brackets, in any of the above indicators means that the measure has been
partially implemented.

Please note that the prohibition of certain activities can albe imposed by legal measures
other than direct prohibitions. For example, when a licensing regime in a State Party ensures

that no natural or legal person will be permitted to carry out an activity that is prohibited to
States Parties under the Convention, then the column for the prohibition will be checked with
the indication “X”.

Annex (English only):

Status of Implementation of Additional Measures for States Parties That Possess Industrial
Facilities Which Are Declarable Under the Convention as at 31 July 2014

453Annex 74

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Annex
page 6

X X X X X X X X X
ArtiReview
Regarding(e)
Confirmation

X X X X X X X X
Regime
ProvisConfidentialn
Confidentialitysroecthe of

OnSupport

Ve(Including PAccess toies

OCPFs
ES FOR STATES PARTIES THDeclarationrNDUSTRIAL

Schedule 3
Annex

Schedule 2

ProductiSchedule 2)chedule 1
ReportProcessing and
Consumption for
Schedule 3

Schedule 2

Schedule 1
ScProductiones
Licensing of
Control Regime (Including Penalties)

X X X X X X X X X XX XXX XX XX XX X (X) XXXX(X) X(XX
Initial

Declarations

FACILITIES WHICH ARE DECLARABLE UNDE

State Party

STATUS OF IMPLEMENTATION OF ADDITIONAL 1E2fg3alAtaAidoriagea9eutrltaraia X
10 1Azeba3rnBsangladesh

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page 7

X X X X X X X
Article
Regarding)(e)
Confirmation

X X X X X

Regime Provisions
Confidentialitynsuoiecthe ofialn

OnSupport

Ve(Including Penalties)
Access toies

OCPFs
Declarationr
Schedule 3

Schedule 2

Reporting onSchedule 2)chedule 1
PrConsumption for

Schedule 3

Schedule 2

Schedule 1
Licensing ofones
Control Regime (Including Penalties)

X X X X X X X X)(X)X X X X(X)X X(X)XX X (X) X X(X)X XX(X) X (X)XXX(X) X (X) X X X
Initial
Declarations

State Party

StatHf)rzegovina

14abad1arusBeginiz2t0an21lia2oPiBrtBt2Ba2BeuBur8snaaasbaderraea X

455Annex 74

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X X X X X X
ArXI(2)(e)
Regarding
Confirmation

X X X X X X
Regime
PrEnsroiecthe ofalon
Confidentiality

OnSupport

Ve(Including PAccess toies

OCPFs
Declarationr

Schedule 3

Schedule 2

ProductioSchedule 2)chedule 1
ReportProcessing and
Consumption for
Schedule 3

Schedule 2

Schedule 1
Facilities
Licensing ofon
Control Regime (Including Penalties)

X X X X X X X XXX X X XXX X XXXXX) XXXX X X(X) X(XX(X) X)XX X XX) X XXX
Initial

Declarations

State Party

Republic of the Congo

32 C3e3nlhficae Co3CmmiaosookosaoCiaavoieus46ce7Reretiarouiliincica

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X X X X X X X
ArXI(2)(e)w
Regarding
Confirmation

X X X X X X
Regime
ProEnsroicthne ofaln
Confidentiality

OnSupport

Ve(Including PeAccess toies

OCPFs
Declarationr

Schedule 3

Schedule 2

ProductioSchedule 2)Schedule 1
ReportiProcessing and
Consumption for
Schedule 3

Schedule 2

Schedule 1
Facilities
Licensing ofion
Control Regime (Including Penalties)

X X X X X X XXXXX XX XX X X X XXX XX X XX XX XX XX X X XX X X X X X XX
Initial

Declarations

State Party

50 5colln3oarre5stitl7uinFeiXinar6ceboa3Gbarg5Ghaya7Gc8Gdatmialaa

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X X X X
ArXI(2)(e)
Regarding
Confirmation

X X X
Regime
ProvisiConfidentialn
Confidentialitynsroecthe of

OnSupport

Ve(Including PeAccess toies

OCPFs
Declarationr

Schedule 3

Schedule 2

(Including Schedule 1
ReportiProcessing and2)
Consumption for

Schedule 3
Schedule 2

Schedule 1
Facilities
Licensing ofion
Control Regime (Including Penalties)

X X X X X X X X XXX XXXX X X X X X XXXXX XX XXXXX XXXX XXXXX (XX XX X
Initial
Declarations

State Party

of)

69 7GuiGeHSiyso74uIslIgaynd7o8nrrn(slmIel2n8Jbaad8aa5Keanzyaakhstan

458 Annex 74

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X X X X
ArXI(2)(e)
Regarding
Confirmation

X X X X
Regime
ProvisiConfidentialn
ConfidentialityPsroecthe of

OnSupport

Ve(Including PeAccess toies

OCPFs
Declarationor

Schedule 3

Schedule 2

(Including Schedule 1
ReportiProcessing and2)
Consumption for

Schedule 3
Schedule 2

Schedule 1
Facilities
Licensing ofion
Control Regime (Including Penalties)

(X)X X X (X) (X) (X) X(X)X XX XX)XXXX (X) X (X) X XX X XX XX X X X (X) X (X)XX X
Initial
Declarations

State Party

Democratic Republic

87Kir8ii 0Kitg1ztiapnsnohi9b5Lichi98seauxemdaurscrX X X X X X X X
10010M1aa1aa10aalis alta

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X X X X X X
Article
Regarding(e)w
Confirmation

X X X X X X
(X)
Regime Provisions
Confidentialitynsroicthe ofialn

OnSupport

Ve(Including Penalties)
Access toies

OCPFs
Declarationr
Schedule 3

Schedule 2

Reporting onchedule 2)chedule 1
PrConsumption for

Schedule 3

Schedule 2

Schedule 1
Licensing ofiones
Control Regime (Including Penalties)

X X X X X XX X X X XX XX XX XXXXXXX(XXXXXX)(X)X(X)XX XX X XXXX (X)XX X X
Initial
Declarations

State Party

States of)

10510M1aM10Mltnitsior1Mo1a1neorcedgrzambNq8e1helrneN12NaiNdraigeria

460 Annex 74

EC-77/DG.7
C-19/DG.8

Annex
page 13

X X X X X X
Article
Regarding)(e)
Confirmation

X X X X X X X

Regime Provisions
Confidentialitynsroiecthe ofalon

OnSupport

X X
Ve(Including Penalties)
Access toies

OCPFs
Declarationr
Schedule 3

Schedule 2

Reporting onSchedule 2)chedule 1
PrConsumption for

Schedule 3

Schedule 2

Schedule 1
Licensing ofones
Control Regime (Including Penalties)

X X X X X XX X XX X)X XX X X X X XX XX)XX X XXX XXXX X X X X XX XX X X XX X X X
Initial
Declarations

State Party

12312N12N1oO1yPaaitaPa3Pa3P1aaelpoiaesaPotrgub1iaepuoicnssaoldnvraitsand Xvis X XX X XX

461Annex 74

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C-19/DG.8

Annex
page 14

X X X X X
Article
Regarding)(e)
Confirmation

X X X X X X

Regime Provisions
Confidentialitynsuoiecthe ofialn

OnSupport

Ver(Including Penalties)
Access toies

OCPFs
Declarationr
Schedule 3

Schedule 2

Reporting onchedule 2)chedule 1
ProConsumption for

Schedule 3

Schedule 2

Schedule 1
Licensing ofonies
Control Regime (Including Penalties)

X X X X X X X X XX X XX XX(XXXXX(X)X ((X)XXXXX(X) XX X XXX X X X X XX XX XX X
Initial
Declarations

State Party

Grenadines Principe

1421nctiSain1S46oaSaoaiSaeSebi15Se5S1eSanSlove16SolSooposhndsfraanka

462 Annex 74

EC-77/DG.7
C-19/DG.8

Annex
page 15

X X X
Article
Regarding)(e)
Confirmation

X X X X

Regime Provisions
ConfidentialitynPsroecthne ofaln

On-Support

Ve(Including Penalties)
Access toties

OCPFs
Declarationor
Schedule 3

Schedule 2

Reporting onSchedule 2)Schedule 1
ProConsumption for

Schedule 3

Schedule 2

Schedule 1
Licensing ofonies
Control Regime (Including Penalties)

X X X X X XX (X) XX X X XX X X (X)X XX (X) X XX(X) X X XX XX X XX XX XX X X
Initial
Declarations

State Party

ReMubcliofnia

16016SudaurnamSwiSdentyihaiisdaRefublciYorgolngaiii17Tukeyokugoistan X

463Annex 74

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Annex

page 16

X X X

Regarding)(e)
Confirmation

X X X X

Regime Provisions
Confidentialitynsuoiecthe ofialn

On-site
Support

Ve(Including PeAccess toies

OCPFs
Declarationr

Schedule 3

- - - o - - -
Schedule 2

ProductionSchedule 2)chedule 1
ReportiPrConsumption for

Schedule 3

Schedule 2

Schedule 1
Licensing ofiones
Control Regime (Including Penalties)

X X XX X X XX XXX X X X XX X X X XXXX X X XX XX XX XX(XX XX(X) X
Initial
Declarations

State Party

Greatthtaniananerica Republic of)

177178U1gn8aanit1ierabE2gtUtnteub1cts6efstatezui8Y(mmimZranbbwe X X

464 ANNEX 75

Report by the Director Generalof the Organization for the Prohibition
of Chemical Weapons on the Status of Implementation of Article VII

of the Chemical Weapons Convention as at 31 July 2014: Article VII-
Initial Measures
Reference EC-77/DG.6, C-19/ DG.7

13 May 2014

465466 Annex 75

OPCW Executive Council

Seventy-Seventh Session EC-77/DG.6
7 – 10 October 2014 C-19/DG.7
13 May 2014
Original: ENGLISH
REPORT BY THE DIRECTOR–GENERAL

STATUS OF IMPLEMENTATION OF ARTICLE VII
OF THE CHEMICAL WEAPONS CONVENTION
AS AT 31 JULY 2014: ARTICLE VII – INITIAL MEASURES

CS-2013-8714(E) distributed 25/08/2014 *CS-2013-8714.E*

467Annex 75

EC-77/DG.6

C-19/DG.7
page 2

Legislative and administrative implementation

1. In operative paragraph 1 of the decision on the follow-up to the plan of action
regarding the implementation of Article VII obligations (C-10/DEC.16, dated
11 November 2005), the Conference of the States Parties (hereinafter “the

Conference”) stressed that it is imperative for States Parties that had yet to fulfil their
obligations under Article VII to do so without delay.

2. At the Third Special Session of the Conference of the States Parties to Review the

Operation of the Chemical Weapons Convention (hereinafter “the Third Review
Conference”), the Conference “[e]ncouraged the Secretariat to explore innovative
methods of providing assistance on tailor-made approaches as a potential means to
further advance the implementation of Article VII” (paragraph 9.103(c) of RC-3/3*,

dated 19 April 2013). Furthermore, the Technical Secretariat (hereinafter “the
Secretariat”) was requested “to continue to submit its annual report on the
implementation of Article VII to the Conference, and … to include an assessment in

this report, for consideration by th e policy-making organs, containing a
comprehensive and objective analysis of the current status of national
implementation, with a view to tracking the progress made and formulation of
focused assistance programmes” (paragraph 9.103(h) of RC-3/3*).

3. Pursuant to the request received from the Third Review Conference, and in close
cooperation with States Parties, the Secretariat has updated the two matrixes included
in the annual reports—the one addressing the initial measures taken by States Parties

in accordance with Article VII and the second, listing additional measures—and is
presenting them in two concurrent reports, as requested by the Conference
(paragraph 8 of C-14/DEC.12, dated 4 December 2009).

4. In this context, on 28 February 2014, the Secretariat sent a note verbale to all States
Parties requesting them to provide updates on the status of implementation of Article
VII and to fill in the matrixes attached to the note verbale. At the cut-off date of the
current report, 32 States Parties had replie d to the note verbale a nd 29 had filled in
1
and submitted the updated matrixes (see Table 1).

TABLE 1: STATES PARTIES THAT HAVE FILLED IN THE UPDATED
MATRIXES AND SUBMITTED THEM TO THE SECRETARIAT

Andorra Croatia Namibia*

Armenia Cyprus Netherlands
Austria Czech Republic Peru
Bangladesh France Senegal

Belgium Iraq Singapore*
Belarus Italy Sweden
Brazil Japan Thailand

Bulgaria Kuwait* Ukraine
China Luxembourg United Arab Emirates
Colombia Malaysia Viet Nam

Costa Rica Mexico

1
States Parties identified by an asterisk (*) have replied to the note verbale but did not fill in the
matrixes.

468 Annex 75

EC-77/DG.6

C-19/DG.7
page 3

5. The global status, as at 31 July 2014, of the relevant elements of legislative and

administrative implementation is reflected in the tables below.

TABLE 2: OVERVIEW OF THE LEGISLATIVE IMPLEMENTATION OF THE
CONVENTION

Article VII(5) submission received 150 (79%)
Legislation covers all initial measures 112 (59%) in full
32 (17%) in part

Legislation covers additional measures 94 (49%)
Text of adopted measures provided 133 (70%)

TABLE 3: STATUS OF ELEMENTS OF LEGISLATIVE AND
ADMINISTRATIVE IMPLEMENTATION UNDER THE PURVIEW
OF THE PRESENT REPORT, AS AT 31 JULY 2014
Number and Percentage

Indicators of States Parties Having
Implemented the Measure
Definitions

Chemical Weapons 127 (67%) in full
3 (2%) in part
Toxic Chemical 107 (56%) in full
2 (1%) in part

Precursor 106 (56%) in full
3 (2%) in part
Purposes Not Prohibited 108 (57%) in full
2 (1%) in part

Scheduled Chemicals Regime
Reporting on Transfers Schedule 1 104 (55%) in full
9 (5%) in part

Schedule 2 101 (53%) in full
14 (7%) in part

Schedule 3 101 (53%) in full
14 (7%) in part
Prohibitions and Penalties
Prohibitions Chemical Weapons 136 (72%) in full

6 (3%) in part
Scheduled Chemicals 110 (58%) in full
15 (8%) in part

Penalties Chemical Weapons 135 (71%) in full
4 (2%) in part
Scheduled Chemicals 110 (58%) in full
15 (8%) in part

Other Initial Measures
Extraterritoriality 123 (65%)
Legal basis for regulations 107 (56%) in full

2 (1%) in part
Establishment/designation of National Authority 188 (99%)

469Annex 75

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page 4

TABLE 4: EXPLANATION OF COLUMN HE ADINGS IN THE TABLES
CONTAINED IN THE ANNEX TO THIS REPORT
Column Heading Explanation
Definitions

Chemical Weapons Indicates that the legislation of the State Party in question
contains a definition of chemical weapons that fully reflects the
meaning of chemical weapons as defined by paragraph 1 of
Article II of the Convention.

Toxic Chemical Indicates that the legislation of the State Party in question
contains a definition of toxic ch emical that fully reflects the
meaning of toxic chemical as defined by paragraph 2 of

Article II of the Convention.
Precursor Indicates that the legislation of the State Party in question
contains a definition of precursor that fully reflects the meaning
of precursor as defined by paragraph 3 of Article II of the

Convention.
Purposes Not Prohibited Indicates that the legislation of the State Party in question
contains a definition of purpos es not prohibited that fully
reflects the meaning of purposes not prohibited under the

Convention as defined by paragraph 9 of Article II of the
Convention.
Scheduled Chemicals Regime

Reporting Schedule 1 “X” indicates that the national legislation ensures that the State
on Transfers Party is in a position to fulfil the prior reporting requirements
concerning transfers of Schedule 1 chemicals (see paragraphs 5
and 5bis. of PartVI of th e Verification Annex to the

Convention) and to provide all information that is to be
included in the declaration requi red by paragraph 6 of Part VI
of the Verification Annex and that a sanction is applicable in
the event of non-compliance by natural and legal persons.

Schedule 2 “X” indicates that the national legislation ensures that the State
Party is in a position to provide all transfer-related information
that is to be included in a nnual declarations required by
paragraph 1 and 2 of Part VII of the Verification Annex and

that a sanction is applicable in the event of non-compliance by
natural and legal persons.
Schedule 3 “X” indicates that the national legislation ensures that the State

Party is in a position to provide all transfer-related information
that is to be included in declarations pursuant to paragraph 1 of
Part VIII of the Verification Annex and that a sanction is
applicable in the event of non- compliance by natural and legal

persons.

470 Annex 75

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page 5

Column Heading Explanation
Prohibitions and Penalties
Chemical Weapons Scheduled Chemicals

Prohibition “X” indicates that the “X” indicates that the activities
activities prohibited to prohibited to States Parties under:
States Parties under - paragraphs 1, 2, 3, and 4 of Part
paragraph 1 of Article I of VI of the Verification Annex

the Convention are (Schedule 1 related);
prohibited by that State - paragraph 31 of Part VII of the
Party to natural and legal Verification Annex (Schedule 2
2
persons in accordance related);
with subparagraph 1(a) of - under paragraph 26 of Part VIII
Article VII. of the Verification Annex (i.e., the

export of Schedule 3 chemicals to
States not Party without
appropriate assurance that they
will only be used for purposes not
3
prohibited under the Convention);
are prohibited by that State Party
to natural and legal persons in

accordance with subparagraph 1(a)
of Article VII.
Penalties “X” indicates that penal “X” indicates that penal sanctions

sanctions are applicable in are applicable in the event of
the event of violation of violation of the above prohibitions.
the above prohibitions.

Other Initial Measures
Extraterritoriality “X” indicates that the State Party has extended its penal
legislation enacted to implement the prohibitions of the
Convention to any activity unde rtaken anywhere by natural

persons possessing its nationality.
Legal Basis for “X” indicates that legislation of the State Party contains
Regulations provisions that enable the rele vant ministries/governmental

departments to issue measures to regulate the production,
processing, and consumption of Scheduled chemicals, the
verification regimes, and the confidentiality regimes.

Establishment/designation “X” indicates that a National Authority has been designated or
of National Authority established. It should be noted that some National Authorities
have been designated on a purely interim basis.

“(X)”, that is, X in brackets, for any of the above indicators means that the measure has been
partially implemented.

Please note that the prohibition of certain activities can alsobe imposed by legal measures
other than direct prohibitions. For example, when a licensing regime in a State Party ensures
that no natural or legal person will be permitted to carry out an activity that is prohibited to

2
3 For exceptions, please refer to C-V/DEC.16, dated 17 May 2000.
For exceptions, please refer to C-VI/DEC.10, dated 17 May 2001.

471Annex 75

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C-19/DG.7
page 6

States Parties under the Convention, then the column for the prohibition will be checked with
the indication “X”.

Annex (English only):

Status of Implementation of Article VII Initial Measures, by State Party, as at 31 July 2014

472 Annex 75

EC-77/DG.6

C-19/DG.7
Annex

page 7

of National Authority
Establishment/designation

Legal Basis for Regulations

Other Initial Extraterritoriality

Scheduled Chemicals

Chemical Weapons

Scheduled Chemicals

Chemical Weapons
Prohibitions and Penalties
ProhibitionsPenalties
Schedule 3

Schedule 2

Schedulednsfers
Reporting on Schedule 1
Chemicals Regime
Annex
Purposes Not Prohibited

AS AT 31 JULY 2014 Precursor

Toxic Chemical
Definitions

INITIAL MEASURES BY STATE PARTChemical Weapons
X X X X X X X XX XXXX XXXX XX X XX X XX XXXXXXXXXXXXXXXXX

STATUS OF IMPLEMENTATION OF ARTICLE VII

State Party

AfghniseriorigretnnatbAzerbanasaja

1. 2. 3. 4. 5. 6. 7. 8. 9.
10. 11.

473Annex 75

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C-19/DG.7

Annex
page 8

of National Authority
Establishment/designation

Legal Basis for Regulations

Other Initial Extraterritoriality

Scheduled Chemicals

Chemical Weapons

Scheduled Chemicals

Chemical Weapons
Prohibitions and Penalties
Prohibitions Penalties
Schedule 3

Schedule 2

Schedulednsfers
Reporting on Schedule 1
Chemicals Regime

Purposes Not Prohibited

Precursor

Toxic Chemical

Definitions

ChemicXl XeaponX X(XX)X X(XX)X X XXXXXXXXXXXXXXXXXXXXXXXXXXX(X)XX)X)XX(X) X(X)XX X
(X) (X) (X) (X) (X) (X) (X) (X) (X) (X) (X) X (X) X

State Party

Bahrangladesh State of)

12. 13. 14. 6.r718rl9ulzenih.22lia.sn.B.dnrer28.viiralmiodiaroon

474 Annex 75

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C-19/DG.7
Annex

page 9

of National Authority
Establishment/designation

Legal Basis for Regulations

Measures
Other Initial Extraterritoriality

Scheduled Chemicals

Chemical Weapons

Scheduled Chemicals

Chemical Weapons
ProhProhibitions Penalties

Schedule 3

Schedule 2

Schedulednsfers Schedule 1
Reporting on
Chemicals Regime

Purposes Not Prohibited

Precursor

Toxic Chemical
Definitions

Chemical Weapons
X X X XX X X XXXXXXXXXXXXXXX(X)XXXX(X)X X X X X X X X X XXX XXXXXXXXXX XXX X) XXX

State Party

the Congo

30. 31C.aaa.eVr5ladi37.8.o9.0C4CooC4sati4Iiarypus.cRocrntiRkpublic of

475Annex 75

EC-77/DG.6

C-19/DG.7
Annex
page 10

of National Authority
Establishment/designation

Legal Basis for Regulations

Measures
Other Initial Extraterritoriality

Scheduled Chemicals

Chemical Weapons

Scheduled Chemicals

Chemical Weapons
ProhProhibitions PPenalties

Schedule 3

Schedule 2

ScheReporting on Schedule 1
Chemicals Regime

Purposes Not Prohibited

Precursor

Toxic Chemical
Definitions

Chemical Weapons
X X X XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX)XXX(X)X XXXX XXX)X XX

State Party

48.49. 0.D.uinicuian.l6ttri8naiji0i1ad2c.3aG.e5.i6anyrecreenada (X)

476 Annex 75

EC-77/DG.6
C-19/DG.7

Annex
page 11

of National Authority
Establishment/designation

Legal Basis for Regulations

Measures
Other Initial Extraterritoriality

Scheduled Chemicals

Chemical Weapons

Scheduled Chemicals

Chemical Weapons
ProhProhibitions Penalties

Schedule 3

Schedule 2

ScheReporting on Schedule 1
Chemicals Regime

Purposes Not Prohibited

Precursor

Toxic Chemical
Definitions

Chemical Weapons
X X X X(X) (X) (X) (X) (X) XXXXX(X)XXXXXXXX X XXXXXXX XX X XX XXX X XXX XX

State Party

67.68.9.utenaa2e.aaas75.Seurcay.7anI0nsIsrmItlJ48bcaooaazakhstan

477Annex 75

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C-19/DG.7

Annex
page 12

of National Authority
Establishment/designation

Legal Basis for Regulations

Measures
Other Initial Extraterritoriality

Scheduled Chemicals

Chemical Weapons

Scheduled Chemicals

Chemical Weapons
ProhProhibitions Penalties

Schedule 3

Schedule 2

Scheduledansfers Schedule 1
Reporting on
Chemicals Regime

Purposes Not Prohibited

Precursor

Toxic Chemical
Definitions

Chemical Weapons
X X X X X(X)X(X)XXXXXXXXXXXXXXX(X)XXXXXX X XXX X X X X X X XXX XXX (X)X

State Party

Republic

86. 878.nyirbui9y.aztL.t4'ba.LnbertL.Lc100. . 2.la.ayaaivleis

478 Annex 75

EC-77/DG.6
C-19/DG.7

Annex
page 13

of National Authority

Establishment/designation

Legal Basis for Regulations

Measures
Other Initial Extraterritoriality

Scheduled Chemicals

Chemical Weapons

Scheduled Chemicals

Chemical Weapons
ProhiProhibitionsPPenalties

Schedule 3

Schedule 2

Scheduledansfers
Reporting on Schedule 1
Chemicals Regime

Purposes Not Prohibited

Precursor

Toxic Chemical

Definitions
Chemical Weapons
X X XX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX(X)XXXXX)XX(XXXXX X X X(X)X XXXX X(XX)X X

State Party

States of)

104. 056.at.r.ulrslnds1.onsMa(4gole6.co.1iurepa.Nn.Nicaleurda X X X X X X X X X X XXX X

479Annex 75

EC-77/DG.6
C-19/DG.7

Annex
page 14

of National Authority

Establishment/designation

Legal Basis for Regulations

Other Initial Extraterritoriality

Scheduled Chemicals

Chemical Weapons

Scheduled Chemicals

Chemical Weapons
ProhProhibitions Penalties

Schedule 3

Schedule 2

Schedulednsfers
Reporting on Schedule 1
Chemicals Regime

Purposes Not Prohibited

Precursor

Toxic Chemical

Definitions

ChemicX X XX XXXXXX(X(X)XXXXXXXXXXXXXXXXXXXXXXXXX(X)XXXXXXXXXXXXXXXXXXXXXXX XX)

State Party

12. 2. 4.eiae.w12a.isl0.na.u1.3.P1.i.aor7.3r.uelcoiKoienododvearation

480 Annex 75

EC-77/DG.6
C-19/DG.7

Annex
page 15

of National Authority
Establishment/designation

Legal Basis for Regulations

Other Initial Extraterritoriality

Scheduled Chemicals

Chemical Weapons

Scheduled Chemicals

Chemical Weapons

ProhiProhibitionsPPenalties

Schedule 3

Schedule 2

Scheduledansfers
Reporting on Schedule 1
Chemicals Regime

Purposes Not Prohibited

Precursor

Toxic Chemical
Definitions

Chemical X X XX XX X X X XX XXXXXXXXXXXXXXXXX(XXXXXXXXXXXXXXXXXXX)XXXXXXXXX(X)XXXXXX XX X

State Party

Grenadines

141Sa.ts.ian.LX.iimSe48.d9oSiAe1bi.i3irl.Sl56o5a.im.noilanirica

481Annex 75

EC-77/DG.6

C-19/DG.7
Annex

page 16

of National Authority
Establishment/designation

Legal Basis for Regulations

Measures
Other Initial Extraterritoriality

Scheduled Chemicals

Chemical Weapons

Scheduled Chemicals

Chemical Weapons
ProhProhibitions PePenalties

Schedule 3

Schedule 2

Scheduledansfers Schedule 1
Reporting on
Chemicals Regime

Purposes Not Prohibited

Precursor

Toxic Chemical
Definitions

Chemical Weapons
X XX XX X XXXXXXXXXXXXXXXXXXX X X X X X X X X X XXX XX XX X X XX XX X(X)XXXXXX

State Party

Republic of Macedonia

159. 6. 6.Sadaa.nam5.ideit.rlnT1iiaR0.1.le.-u.osl7vuniirTdkmbenistan

482 Annex 75

EC-77/DG.6

C-19/DG.7
Annex

page 17

of National Authority
Establishment/designation

Legal Basis for Regulations

Measures
Other Initial Extraterritoriality

Scheduled Chemicals

Chemical Weapons

Scheduled Chemicals

Chemical Weapons
ProhiProhibitionsPePenalties

Schedule 3

Schedule 2

Scheduledansfers Schedule 1
Reporting on
Chemicals Regime
- - - o - - -
Purposes Not Prohibited

Precursor

Toxic Chemical
Definitions

Chemical Weapons
X XX X XX X XX X XX X XX XXXXXXXXXXXXXXXX XXXXXXX XX(X)X)XX X XX XX XX XXXX)XX XX X X

State Party

BriItraTdNzarntihaern Republic of)

177. 7. 180kranitd1er1b1.gtrt.8ed8lzteko.au.e9.t(mmlvZaianabwe

483484 ANNEX 76

Note from the Chief Engineer of the Department of Studies and Designs of
the Consejo Nacional de Vialidad (CONAVI) to the Chief of the

Department of Weights and Dimensions and to the Director General of the
Transit Police of Costa Rica
Reference DGIT-ED-4697-2014

11 June 2014

English Translation and Spanish Original

485486 Annex 76

Dirección General de Ingeniería de Tránsito

Estudios y Diseños

NOTE N° DGIT-ED-4697-2014
San José, 11 June 2014

Messrs:
Carlos Miranda Chavarría, Eng., Chief
Department of Weights and Dimensions

CONAVI

Mario Calderón Cornejo, Director

General Department of Transit Policy

REF: AUTHORIZATION OF ROUTES FOR THE TRANSPORT OF
HAZARDOUS MATERIALS

Dear Sirs:

In conformity with Executive Decree N° 24715 -MOPT-MEIC-S “Regulations for the Land

Transport of Hazardous Materials” in Section III “Routes and Schedule, ” in Article 39,
which states:

“The General Department of Transit Engineering of the

Ministry of Public Works and Transport will implement the
specific routes that shall be used by vehicles transporting

hazardous materials…”

The Department of Studies and Designs is updating the routes to transport hazardous

materials, given that Recope requested an update of the database regarding the
determination of the route and measurement of distances between the storage tanks

and service stations.

The route authorized for the transport of flammable material, destined for the service
station shall be:

Ruta Nacional Tramo

N° 229 Rio Chirripó (R.4) - La Vuelta, Horquetas (R.4)

N°106 Pitahaya (R.111) – La Valencia (R.3)

Tel:(506) 2226-5411. Fax: (506) 2523-
2757
C Ertaddi1@17t-1000, San José, Costa Rica

487Annex 76

Dirección General de Ingeniería de Tránsito

Estudios y Diseños

NOTE N° DGIT-ED-4697-2014

We are attaching the update of the authorized routes for the transport of hazardous
materials.

Regards,

_______________________ ______________________________

Mónica Navarro Cruz, Eng. Rony Rodríguez Vargas, Eng.

Basic Studies Unit Chief of the Department of Studies and
Designs

 Junior Araya Villalobos, Eng. General Director of Transit Engineering
 Archivo

Tel:(506) 2226-5411. Fax: (506) 2523-
2757
C Ertaddi10@76t1000, San José, Costa Rica

488489490 ANNEX 77

Internal Communication of the Costa Rican General Department of Transit
Engineering of the Ministry of Public Works and Transportation, regarding

the Authorization of Routes for the Transport of Hazardous Materials

June 2014

English translation

491492 Annex 77

MINISTRY OF PUBLIC WORKS AND TRANSPORTATION

GENERAL DEPARTMENT OF TRANSIT ENGINEERING

COMMUNICATION

Based on the requirements issued in Executive Decree No.24715-MOPT-MEIC-S.

"Regulations for the Transport of Hazardous Products", below is the list of the ROUTEs allowed
by this office , based on the description of the National Road Network compiled by the Office of
Planning of the Ministry of Public Works and Transportation.

BORDER CROSSING ROADS (SOUTHERN BORDER/NORTHERN BORDER)

ROUTE 2: Carretera Interamericana (Florencia del Castillo)
ROUTE 39: Carretera de Circunvalación
ROUTE 100: Calle Blancos – Uruca

ROUTE 108: Radial Uruca
ROUTE 1: Autopista General Cañas

INTER-PROVINCIAL ROUTE
(San José, Heredia, Alajuela, Cartago y Puntarenas)
CARTAGO – SIQUIRRES:

ROUTE 10: La Lima (R.2 – Siquirres (R.32)
CARTAGO – TRES RIOS:

ROUTE 2: Autopista Florencio del Castillo
ROUTE 251: Carretera Vieja a Tres Ríos

SAN IGNACIO – TARRAZU:

ROUTE 209: Plaza Gonzales Víquez (R. 215) – Guayabo, Mora (R.239)
ROUTE 222: Tarbaca (R.209) – La Sierra (R.2)

EL EMPALME –LOS SANTOS: (Restricted Access ROUTE for articulated vehicles).

ROUTE 226: La Guaria, Empalme (R.2) – San Cristóbal (R.222)

ROUTE 2: Autopista Florencio del Castillo

Tel:(506) 2226-5411. Fax: (506) 2523-
2757
C Ertadi @01t6-1000, San José, Costa Rica

493Annex 77

SAN JOSE – PURISCAL:

ROUTE 27: Autopista Próspero Fernández
ROUTE 121: Ciudad Colón

ROUTE 239: Ciudad Colon (R.22) – La Palma (R.34)
ROUTE 5: B° Tournon (R.108) – El Pirro (R.3)
ROUTE 3: Radial a Heredia

SAN JOSÉ – PUNTARENAS

ROUTE 27: Santa Ana – Caldera

ALAJUELA CENTRO:

ROUTE 3: Aeropuerto Juan Santamaría – Alajuela
ROUTE 124: San Antonio del Tejas – Alajuela
ROUTE 153: Radial Francisco J. Orlich

HEREDIA

ROUTE 126: Barva – Heredia (Avenida 9 – Calle Central)
ROUTE 3: Avenida 4 de Heredia
ROUTE 113: Avenida 13, entre calles 9 y Central

ROUTE 6: Entre Calles 16 y 9
ROUTE 9: Entre Calles 10 y Central
ROUTE 106: Pitahaya (R.111) – La Valencia (R.3)

ROUTE 111: Entre San Antonio de Belén e intersección Cariari
ROUTE 112: Heredia (R.113) – San Isidro de Heredia (R.116) (Restricted Access ROUTE for
articulated vehicles)

SAN JOSE:

ROUTE 147: San Rafael de Ojo de Agua – Santa Ana

ROUTE 105: Palermo – Escazú
ROUTE 121: Cruce San Rafael de Escazú – Santa Ana
ROUTE 104: Zona industrial de Pavas – Parque Metropolitano de la Sábana

ROUTE 122: San Antonio de Belén (R.111) – Intersección R.147 (Panasonic)
ROUTE 177: Radial Sabana Alajuelita (Paso Inferior, R.39) – Sabana Sur Calle Morenos (R.167)
ROUTE 167: San Rafael, Escazú (R.105) – Lte Cant. San José / Escazú (Rio Tiribi)

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494 Annex 77

ROUTE 167: Sabana Este (R.27)(C.42) – Paso Superior (R.39)(Ladrillera la Sabana)

METROPOLITAN AREA:

ROUTE 110: Alajuelita – Barrio Bolívar (Avenida 14 – Calle 20)
ROUTE 214: San Rafael Abajo Desamparados – San José (Avenida 10 – Calle Central)
ROUTE 213: Paso Ancho – San José (Avenida 24 – Calle Central)
ROUTE 209: Aserrí – San José (Avenida 2 – Calle 9)

ROUTE 206: San Miguel de Desamparados – Cruce de Desamparados
ROUTE 212: Higuito de Desamparados – Cruce de San Antonio de Desamparados
ROUTE 210: Lomas de Ayarco- Damas de Desamparados

ROUTE 211: San Francisco – Rotonda Y Griega
ROUTE 215: Curridabat – Plaza González Víquez
ROUTE 218: Radial de Guadalupe

ROUTE 102: San Vicente de Moravia – San Isidro de Coronado
ROUTE 200: Cruce de Guadalupe – San Vicente de Moravia
ROUTE 109: San Gerardo de Guadalupe – Santo Tomás

ROUTE 101: San Vicente de Moravia – Planta Eléctrica de Colima
ROUTE 2: La Hispanidad Roundabout –Central Street (San José)
ROUTE 204: Avenue 10 – between Streets 14 and 21

Avenue 14: Street 9 – Street 10 (San José)
Avenue 6: Street 28 – Street 40
Avenue 8: Central Street – Street 28

Avenue 0: Street 11 – Street 23
Street 20: Avenue 13 – Central Avenue
Street 14: Central Avenue– Avenue 8

Street 10: Avenue 8 – Avenue 14
Street 9: Avenue 2 – Avenue 18 (Plaza González Víquez)
Street 21: Avenue 3 – Avenue 10

SAN JOSE – HEREDIA (via la Uruca)

ROUTE 1: Avenue 1 – Street 42

ROUTE 3: Road to Heredia

HEREDIA – ALAJUELA

ROUTE 3: Pasando por San Joaquín de Flores

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495Annex 77

ALAJUELA – ATENAS

ROUTE 1: Autopista General Cañas

ALAJUELA – GRECIA

ROUTE 154: La Argentina (R.1) – Grecia (R.118)

ALAJUELA – SAN MIGUEL (Restricted Access ROUTE for articulated vehicles)

RUTA 126: Vara Blanca

ALAJUELA – VOLCAN POAS

ROUTE 120: Vara Blanca – Parque Nacional Volcán Poas
ROUTE 130: Alajuela (R.3) – San Pedro, Poas (R.107)
ROUTE 146: San Pedro, Poas – Paosito (R.120)

NARANJO – CIUDAD QUESADA (Restricted Access ROUTE for articulated vehicles)

ROUTE 141: San Miguel (R.1) (Radial Naranjo) – El Tanque (R.142)

ALAJUELA – SANTA BARBARA – BARVA- HEREDIA

ROUTE 123: Alajuela – Santa Bárbara
ROUTE 126: Santa Bárbara –Heredia

INTER-PROVINCIAL ROUTE
(Puntarenas)

PUNTARENAS DOWNTOWN

ROUTE 23: Barranca – El Roble
ROUTE 17: El Roble –Puntarenas Pier

EL ROBLE – DOMINICAL

ROUTE 23: El Roble – Caldera

ROUTE 27: Caldera – Orotina
ROUTE 34: Orotina - Palmar Norte

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496 Annex 77

RIVER LAGARTO – SANTA ELENA: (Restricted Access ROUTE for articulated vehicles)

ROUTE 605: Río Lagarto – Guacimal (R.606)

ROUTE 606: Rancho Grande (R.1)- Santa Elena (Iglesia)

INTER- PROVINCIAL ROUTE

(Guanacaste)
LIBERIA – PAQUERA:

ROUTE 21: Liberia – Cabo Blanco
ROUTE 621: Cabo Blanco – Paquera

COMUNIDAD (Intersección Ruta 151 – Ruta 21) SARDINAL
ROUTE 151: Comunidad – Sardinal

BELEN – BRASILITO:

ROUTE 155: Belén – Brasilito

NICOYA – SAMARA:

ROUTE 450: Nicoya – Sámara

SANTA RITA (Intersección Ruta 161 – Ruta 21) – CARMONA:

ROUTE 161: Santa Rita – Carmona

BAGACES – GUAYABO:

ROUTE 164: Bagaces – Guayabo

CAÑAS – SAN RAFAEL DE UPALA:

ROUTE 142: Cañas – Nuevo Arenal

ROUTE 143. Nuevo Arenal – San Rafael de Upala

LA IRMA – LAS JUNTAS:

ROUTE 145: La Irma – Las Juntas

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497Annex 77

LIMONAL – COLORADO DE ABANGARES:

ROUTE 18: Limonar – Colorado de Abangares

INTER-PROVINCIAL ROUTE

(Atlantic Zone)
SAN JOSÉ – LIMÓN
ROUTE 32: San José (Bº Tournon)(R.108) – Limón (Muelle Alemán)

SARAPIQUI, RIO FRIO
ROUTE 4: La Y Griega, Pococi (R.32) – Bajos De Chilamate (R.126)(R.506)

ROUTE 229: Rio Chirripó (R.4) - La Vuelta, Horquetas (R.4)

GUAPILES – LAS PALMITAS:

ROUTE 247: Guápiles – El Prado
ROUTE 248: El Prado – Cariari
ROUTE 247: Cariari – Las Palmitas

CARRETERA A SAOPIN – MATINA:
ROUTE 805: Línea B – Matina

LIMON – SIXAOLA:
ROUTE 36: Limón – Sixaola

PENSHURT – PANDORA:
ROUTE ***: Penshurt – Pandora

RUTA DE PASO NORTE:
NARANJO – LOS CHILES:

ROUTE 141: Naranjo – Florencia
ROUTE 35: Florencia – Los Chiles

FLORENCIA – SAN RAFAEL DE GUATUSO:
ROUTE **: Florencia – San Cristóbal

ROUTE 4: San Cristóbal – San Rafael de Guatuso

JABILLOS – FORTUNA (Restricted Access ROUTE for articulated vehicles)

ROUTE 702: San Isidro La Tigra – Fortuna

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498 Annex 77

ROUTE 738: Jabillos – San Isidro La Tigra

AGUAS ZARCAS – BOCA TAPADA:

ROUTE 250: Aguas Zarcas - Boca Tapada

LA CRUZ – UPALA:
ROUTE 4: La Cruz – Upala

RUTA DE PASO ZONA SUR:

LAS JUNTAS DE PACUAR – PEJIBAYE:
ROUTE 244: Las Juntas de Pactar –Pejibaye
ROUTE 2 – BUENOS AIRES:

ROUTE 246: Piñera (R.2) – Buenos Aires

PASO REAL – CIUDAD CORTES:

ROUTE 2: Paso Real – Palmar Norte
ROUTE 18: Palmar Norte – Ciudad Cortés
PASO REAL – SAN VITO DE COTO BRUS

ROUTE 237: Paso Real – San Vito de Coto Brus
ROUTE 613: San Vito de Coto Brus – Sabalito

RIO CLARO – GOLFITO:
ROUTE 14: Río Claro – Golfito

CIUDAD NEILY – FINCA 44:
ROUTE 608: Ciudad Nelly – Finca 44

DISTRIBUTION ROUTES GREATER METROPOLITAN AREA:

As for the cantonal ROUTEs, each municipality shall determine the ROUTEs of passage for the
transportation of hazardous materials according to the Regulatory Plan of each municipality.
The determination of the cantonal ROUTEs should be coordinated with the General Department

of Transit Engineering.

SCHEDULES

Regarding schedules for the transport of hazardous materials, it will be restricted from 6:00 to
8:30 and from 16:30 a 19:00, from Monday through Friday,in the following ROUTEs
ROUTE 1: Aeropuerto Juan Santamaría – San José

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499Annex 77

ROUTE 1: Paseo Colón
ROUTE 2: Cartago – San Pedro (Incluye la Avenida Central de San Pedro)

ROUTE 2: Avenida 2 (Centro de San José)
ROUTE 3: Heredia – Uruca
ROUTE 27: San José – Santa Ana

ROUTE 39: Carretera de Circunvalación
ROUTE 32: San José – Túnel Zurquí
ROUTE 104: Alrededores de parque Metropolitano de la Sábana

ROUTE 218: Radial Guadalupe
ROUTE 108: Radial Uruca

ROUTE 210: San José – Rotonda de Alajuelita
ROUTE 213: San José – Rotonda de Paso Ancho
ROUTE 214: San José – Rotonda de San Sebastián

ROUTE 215: Curridabat – Plaza Víquez
Avenue Simón B.: Avenue 8 (Downtown San José)
Avenue San Martín: Avenue 10 (Downtown San José)

Furthermore,
Outside the restrictions outlined above, vehicles transporting hazardous materials is determined

from 05:00 to 22:00 throughout the national territory.

Tel:(506) 2226-5411. Fax: (506) 2523-
Apartado 10176-1000, San José, Costa Rica
C E di @ t

500 ANNEX 78

Secretariat of the Ramsar Convention, Ramsar Advisory Mission No. 77

Report, Wetland of International Importance Caribe Noreste, Costa Rica

August 2014

English translation

501502 Annex 78

ENGLISH TRANSLATION

RAMSAR CONVENTION ON WETLANDS (Ramsar, Iran, 1971)

Report

Ramsar Advisory Mission No. 77 Wetland of International Importance

Caribe Noreste, Costa Rica

August 2014

503Annex 78

Secretariat of the Ramsar Convention

Ramsar Advisory Mission No. 77

Ramsar Site Caribe Noreste, Costa Rica

10-13 March 2014

1. Background

The Government of Costa Rica, through communications dated 17 and 19 September 2013, informed the

Secretariat of the Ramsar Convention, within the framework of Article 3.2, of the opening of two new caños
in the Caribe Noreste Ramsar Site. Subsequently, it requested a Ramsar Advisory Mission on 9 October

2013.

Concerning the new caños, on 22 November 2013 the International Court of Justice reaffirmed the
provisional measures of its Order of 8 March 2011 and indicated the following provisional measures:

Paragraph 59 (E) (Original text in English)

Following consultation with the Secretariat of the Ramsar Convention and after giving Nicaragua prior

notice, Costa Rica may take appropriate measures related to the two new caños, to the extent necessary to
prevent irreparable prejudice to the environment of the disputed territory; in taking these measures, Costa

Rica shall avoid any adverse effects on the San Juan River.

Based on the foregoing, the Secretariat of the Ramsar Convention conducted the Ramsar Mission from 10-

13 March 2014.

2. Goals and programme of the mission

The mission aimed to assess the impact of the two new caños on the ecological characteristics of the

Caribe Noreste Ramsar Site in order to provide recommendations to the Government of Cost a Rica within
the framework of the decision of the International Court of Justice.

The programme of the mission included meetings with the technical team assigned by the Government of

Costa Rica for the mission as well as a visit to the area of the new caños.

3. Prior conditions of the Ecological Characteristics of the area before the dredging of the caños in September
2013

It is worth noting that based on the flyover of the two "new caños" all analyses in this report concentrate
on the Caño Este (eastern caño), given that the Caño Oeste (western caño) was not very developed.

Physical conditions

It is estimated that the physical conditions of the area where the new caño is located in the Humedal
Caribe Noreste (HCN, Northeast Caribbean wetland), prior to th e excavation of the artificial channel

504 Annex 78

(hereinafter “Caño Este”), were in a state of dynamic equilibrium in terms of hydrological, hydrogeological,

morphological and pedological conditions.

The area covered by the Humedal Caribe Noreste (HCN) is a pristine area that was formed, structured and
modelled by the natural conditions characteristic of this region. HCN is part of the Northern Plains, which
is traversed by the San Juan River. The physical conditions of the wetland have been estab lished, slowly

and gradually, by the geology of the Quaternary, climate, weather (especially precipitation and its seasonal
distribution), sedimentation driven by the San Juan River, marine tides and the aquifer system of ground

water conditions that has formed in and sustains the area of wetland.

It is considered that these conditions have existed at least since the late Pleistocene ( about the last 100,

000 years), and that the area has experienced a myriad of geomorphological changes during the Holoc ene
(less than the last 12,000 years).

The rivers that flow into the Atlantic coast of Costa Rica are long, navigable and meandering, with a
substantial water flow, and they overflow their channels easily during the rainy season. The San Juan River

is one of th e major rivers of the Atlantic drainage basin of Costa Rica. Over time a wetland has formed
around the river, characterized by the presence of a delta of fluvial -alluvial origin, whose thickness is
unknown but can be inferred to be between 40 and 100 m. The accumulation of sediments during the

geologically recent period has resulted in an aquifer in phreatic conditions whose groundwater has a
hydraulic connection with the surface water of the San Juan River and with the marine water of the

Caribbean Sea.

Due to the low topography of the area, with a very low hydraulic gradient, interactions and relationships

between the shallow ground water and drain age in the wetland are not only very complex, but also highly
variable spatially (with in small areas ), and temporally ( between the rainy and dry periods ). These

characteristics make these interactions and relationships vulnerable to any anthropogenic activity.

Conditions along coastal areas of low relief bordered by freshwater wetlands, as in the case of the HCN,

are normally distinguished by two very particular characteristics (Figure 1). First, fresh water from rivers and
streams infiltrates and recharges the a quifer, which keeps the interface of fresh water and salt water in

balance; and , second, in the case of drainage of the wetland (natural or artificial), or any other
diversification of its freshwater, there will be a decrease in the groundwater level. Consequently, any loss of
that recharge near the coast would allow intrusion of salt water in the freshwater aquifer. Changes in these

two characteristics could alter the delicate balance between fresh water and salt water in the hydrological
system (river, we tland, estuary, bay and lagoon ), threatening the maintenance of its ecological

characteristics.

Rainfall, temperature, topography, vegetation and direct infiltration control environmental conditions in

the wetland. The San Juan River and Laguna Los Portillos are connected through the flow of underground
water in the phreatic aquifer. Hence, e ven during the dry season, the wetland is maintained by

groundwater flow. If the groundwater level decreases or disappears, the wetland could perish or suffer
drastic changes in its vegetation. The presence of natural watercourses indicates the connection between
the surface water and groundwater, as well as of the geomorphology of the wetland.

Figure 2 shows two cross -sections illustrating the interactions betwee n the wetland , surface water and
groundwater.

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505Annex 78

During the rainy season , the San Juan River recharges the aquifer; during the dry season the aquifer
maintains the base flow of the river. In prior RAMSAR missions it was observed through inspection of aerial

photos that in some parts of the wetland there are small , micro-basins with a direction of flow either
towards the lagoon, towards the sea, or towards the San Juan River (Figure 3).

The existence of natural openings, bays or watercourses observed very close and perpendicular to Laguna
Portillos, are the result of: (a) surface runoff on geomorphological depressions; and (b) areas with soils of

greater permeability, which facilitate the connection between the groundwater and the lagoon.

In the absence of any anthropogenic modification within the wetland (e.g. dredging of artificial caños) the

groundwater levels that maintain the vegetation therein are unaffected and continue performing their
balancing role in the ecological conditions of the wetland , as well as in the hydrogeological conditions in
relation to the San Juan River, the sea (coast, tides) and Laguna Portillos.

Those were the physical conditions of the site before the anthropogenic intervention in September 2013.

Apart from the artificial caños excavated in 2010 , there were no other traces of visible anthropogenic
influence on the formation of the wetland, or modifications thereto.

a)

b)

Figure 1. Diagram of a section West to East along the HCN a) Normal conditions; b) Saline
intrusion conditions.

4

506 Annex 78

a)

b)

Figure 2. a) Wetland fed by rain and groundwater, b) wetland fed by rain; often the wetlands
recharge the groundwater.

5

507Annex 78

Figure 3. Conceptual model of the runoff of surface waters in the HCN.

Ecological conditions

The Northeast Caribbean wetland is composed of a mosaic of bodies and water courses, in a matrix of
temporarily or permanently saturated soils, fed by flows in the delta of San Juan River, circumscribed by a

sandbar that limits the wetlands with the Caribbean Sea, giving rise to different types of wetlands such as
lagoons, herbaceous marshes or swamp forests (HCN; Plan de Manejo Refugio Nacional de Vida Silvestre,
2010; Plan de Manejo Parque Nacional Tortuguero, 2004; Chuprine y Hernandéz, 2005).

The list of species of flora and fauna described in the HCN and their conservation status wer e designated
in section 3 of the Report of the Ramsar Advisory Mission No. 69 (MRA, 2011). Based on the available

information on the wealth and abundance of aquatic and terrestrial flora and fauna in the Northeast
Caribbean wetland, it was possible to clea rly note the high value of this area in terms of its biodiversity,

which is closely related to the physical characteristics of the aquatic and terrestrial ecosystems. HCN is an
area of importance for the conservation of unique species in the national territory of Costa Rica.

As indicated in Ramsar Advisory Mission No. 69 to the area of the Laguna Portillos (MRA, 2011), it is
possible to establish that the ecological conditions in the sector of the Caño Este (CE) at the local level, are
similar to those described for the HCN. Consequently, it is possible to assign a high ecological value to the

area in its condition prior to the intervention.

The landscape where the CE is located is characterized by two dominant vegetation units (Figure 4): i)
flooded grassland with Raffia palms (Raphia taedigera) and, ii) swamp or flooded forests, with the presence
of Pterocarpus officianalis. In terms of area, these formations have remained relatively stable from 1961 to

date, with a similar surface, except for the border that connects with the Caribbean Sea, which has eroded
over time (see Figures 4 and 5), and an increase in vegetation cover in the flooded grassland area.

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508 Annex 78

The foregoing is particularly relevant if compared to the dominant hydrological conditions in the San Juan
River, using as an indicator a time series of the water surface level of Lake Nicaragua (Figure 6). In recent

decades there have been numerous floods of Lake Nicaragua, including particularly the one in 2011, which
was considered one of the largest recorded historically. Based on the available records we can establish, at
least qualitatively, that the area of study w here the CE is located has remained relatively stable despite the

floods recorded in the San Juan downstream of Lake Nicaragua and the area surrounding Laguna Los
Portillos. This indicates that the capacity of the San Juan River to remodel the land has decreased over

time, and for at least the last several decades it has generated a stable landscape, allowing vegetation
assemblages to extend in coverage and continue successional processes characteristic of the HCN’s

vegetation. On the other hand, th ese same observations apply to measurements of flows carried out
downstream from Lake Nicaragua in the last 4 years at station 1140 on Colorado River, approximately 25
km before the site of the CE (Figure 7).

Figure 4. Vegetation assemblages present in the area of study (Satellite
image of 24 January 2011).

1
USDA United States Department of Agriculture, Foreign Agricultural Service.
Lake Nicaragua Height Variations from TOPEX/POSEIDON/Jason-1 and Jason-2/OSTM Altimetry.
http://\vw\v.pecad.fas.usda.gov/cropexplorer/global_reservoir/gr_regional_chart.aspx?regionid=ca&reservo

ir_name=Nicaragua

7

509Annex 78

Figure 5. Vegetation formations present in the area of study .

The image above corresponds to 1961 and the image below to
1997.

Figure 6. Lake Nicaragua. Variation in the level with regard to the average, perception information remote
satellite missions POSDN, TOPEX, Jason and OSTM. (Lake height variation with respect to Jason-2 reference
pass mean level meters).

8

510 Annex 78

Figure 7. Average daily flow of the Colorado River measured at Station 1140, Delta Costa Rica. The
red line shows the average flow of the San Jua n River, estimated from a water balance of the San
Juan River basin, in accordance with data supplied by ICE for the 2010-2014 period.

4. Assessment of changes in the ecological characteristics

First, we describe below the conditions encountered during the visit to the area of wetlands

around the Caño Este, located on the right bank of San Juan River, at coordinates 10° 56'
05.82"N 83° 41' 21.40"W , which was made on 11 March 2014 (Table 1, Figur e 8 ).
Subsequently, we refer to the assessment of the main changes in the ecological

characteristics thereof, based on the visit and technical documents, photographs and
relevant satellite images.

Table 1. Approximate geographic coordinates that describe and limit the polygon of the
CE (obtained from Google Earth).

Vertex N W
A 10° 56' 7.5" 83° 41' 24.9"

B 10° 56' 6.7" 83° 41' 23.1"
C 10° 56' 14.4" 83° 41' 25.7"

D 10° 56' 13.8" 83° 41' 26.6"

Physical-hydrogeological component

The hydrometeorological situation at the time of the visit was drought, meaning that the flow of
San Juan River was still low; even so the soil moisture was relatively high which indicates that

groundwater levels were quite shallow.

With these conditions the area was flown over by helicopter, and two excursions were performed

on foot and by boat in the Caño Este area (see Figure 8 and Annex - Photographs).

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511Annex 78

Figure 8. Location of the new caños West and East (taken from MINAE Report, December 2013).

A- Surface hydrology; river, canals and lagoons:

• We confirm the presence of a caño extending from the right bank of the San Juan River in

a North-northwest direction to a lagoon that existed prio to construction of the caño. This
is called Caño Este (CE).
• The Caño Este (CE in Figure 8 and Annex - Photographs) is artificial, having been

excavated with machinery (dredge), according to the photographic evidence provided by
Costa Rica.

• It is confirmed that San Juan River (SJR) discharges part of its runoff into the Caño Este.
• We observed accumulations of sediments from the ex cavation (dredge spoil) on both

banks of the CE; however, the volumes do not agree with the excavated surface, so there
must be other areas where sediments have been deposited.
• The lagoon located at the end of the Caño Este (East Lagoon, or Laguna Este (LE) in Figure

8 and in Annex 1 - Photographs) is composed of fresh water, which does not correspond
to that described in the MINAE report (MINAE, 2013), which determined that at the time

of their inspection the East Lagoon was made up of saltwater.
• The sandbar that separates the East Lagoon (LE) from the sea was not broken, and we did
not find any remaining indications of the trench that was reported as having been dug

partially across it during excavation of the CE.

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512 Annex 78

B- Hydrogeology; groundwater:
• We observed several natural caños, directly on foot, by boat and from the air on a
helicopter. Several photographs confirm this observation (see Assembly of photos in

Annexed photos and Figure 3).
• The caños that we were able to access by boat have depths ranging from 1.5 to 2 metres.

This data is not precise because it was only measured with rods and oars.
• Where possible, the water in the natural caños was tested, and it was fresh water.

• This is an indication that the freshwater -saltwater interface (see Figure 1) is well below the
bottom of the caños and the East lagoon (LE).
• In and around the area walked and flown over of the CE, we observed at least four natural

caños, most with convergent flow in the direction of the Caño Este lagoon; one of them
toward Laguna Portillos.

• We consider that these caños are natural and represent the phreatic aquifer’s discharge areas
during the dry period or surface waters during the rainy season.

Ecological component

A- Biota

• We confirmed the felling of trees during construction of the CE , of the species Raphia
taedigera and Pterocarpus officianalis, noting the presence of stumps and pieces of logs
deposited on the shore of the end lagoon of the CE. The number of trees felled could not

be estimated with accuracy.
• We were unable to verif y directly impact on aquatic and/or terrestrial fauna as result of

construction of the CE.
• We verified qualitatively the loss of plant biomass (stumps) in the area of excavation of the

CE, due to felling of vegetation and excavation of the CE (see Annex - Photographs).
• There is a probable change in the abund ance and distribution of species of terrestrial flora

and fauna due to the excavation of the CE.

B- Habitat
• We confirmed the loss of terrestrial habitat, due to its transformation into a lentic habitat.

• We confirmed the loss of organic soil on the entire excavation stretch of the CE.
• We verified that sediment from the excavation had compacted the natural soil and buried

vegetation on both banks of the CE.
• We confirmed that the lagoon located at the end of th e Caño Este (LE), receives water from

San Juan River with a higher content of suspended sediment, reducing the transparency of
the waters of the lagoon, thus generating changes in the quality of the water.

C - Landscape
• The excavation of the CE resulted in the fragmentation of the biological corridors, losing the
spatial continuity previously observed in the vegetation formations present in the area

(compare Figures 4 and 8).

Below is a brief summary of the discussions between the Ramsar experts and the participants from
MINAE, MRE and ICE in Guápiles, on 12 March 2014.

Each of these findings indicated by the Ramsar mission experts was analysed jointly with specialists

from MINAE, MRE and ICE, using the procedure known as “brainstorming” to analyse possible

11

513Annex 78

solutions to the CE problem.

The main points analysed are presented below:

• Verification of the orientation and geometry of the Caño Este excavated in September 2013;
• Preliminary conceptual model of surface and sub-surface runoff systems;
• Other evidence of the impacts of the Caño Este (e.g. Mangroves, raffia palms);

• Comparison of 1961, 1980 and 1991 satellite images;
• Verification of the recovery in the area around the Caño excavated in 2010;

• Options for action and rehabilitation measures.

5. Working hypotheses adopted.

This section describes the working hypotheses adopted for the analysis of the impacts generated
by the excavation of the Caño Este on the ecological status of the area of study, which are the basis

for the quantitative analysis in Section 6.

• The alluvial sediments of Quaternary (Pleistocene) age have created an alluvial aquifer,

phreatic and shallow, with thicknesses between 40 and 10 0 m. It is estimated that these
thicknesses are for the whole area of the Ramsar site.
• The aquifer lies on volcanic rocks of Pliocene -Miocene age (2 M to 20 M years old), with

thickness estimated between 100 and 200 m. The underlying base is of Cenozoic or igin,
being formed 50 to 60 M years ago (Figure 9).

• The wetland is of late Pleistocene (around 100,000 years old) to Holocene (less than 12, 000
years old) origin, with thickness ranging from 2 to 10 m.

• The hydrological system (which includes surface water (San Juan river, caños, lagoons) and
groundwater (phreatic aquifer)), is in hydrodynamic equilibrium.
• The hydrological system of the wetland essentially works through changes in the water

levels of the San Juan river, caños, lagoons and aquifer.
• The recent highest floods (last 20 years) of the San Juan river have not changed the

morphology of the wetland (see Figures 6 and 7). The ecological characteristics observed in
the excavation area of the Caño Este, are similar to those recorded in the HCN.

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514 Annex 78

Figure 9. Three-dimensional schematic diagram showing the geology of the HCN.

6. Quantitative analysis

A quantitative analysis of the potential changes that the Caño Este can produce on the ecological

state of the adjacent wetlands in the HCN, requires adequately understanding the physical
characteristics of the area. The relevant aspects that need to be studied include the following:

• Morphology: the morphology of the river cross-section of the San Juan River in the area of
the Caño Este (including the wet ted perimeter) for a scenario of 15% hydrologic

exceedance.
• Topography: high resolution topograph ic mapping of the area around the Caño Este at

1:500 scale, with ± 0.5 m resolution), including the bathymetry of the Caño Este and the
Laguna Este.
• Hydrogeology: time series of the phreatic level s (water table elevations) in the area

surrounding the Caño Este.
• Hydrology: hydrological time series (hydrograph) of the San Juan River in the area of the

Caño Este. This could be generated by based transformation of information and data
available for rivers upstream of Delta Costa Rica and from the Colorado River . Data should

be synthesized for scenarios representing the 15%, 50% and 85% probability of exceedance
discharges and compared with the corresponding variations in stage (water surface

elevation) of the San Juan River , regarding the hydraulic depth (hydraulic radius) of the
river.

• Meteorology: historical rainfall record of the HCN.

With these data it would be possible to estimate the Southwest-Northeast hydraulic gradient

and hydraulic pressure exerted by the San Juan River from the bifurcation of the Caño Este all the
way to the sea (see diagram in Figure 10). Thus, we would obtain the areal distribution of the

13

515Annex 78

flows and flood-prone areas downstream from the point where the Caño Este bifurcates from the
San Juan River.

Comparison of hydro-dynamics of San Juan River with the behaviour of the hydraulic depth of the
Caño Este would make it possible to assess the vulnerability of the area around the Caño Este in

different hydrological scenarios, and particularly during flood events.

The direct evidence available for the area of Laguna Portillos that was afected during construction

of the first Caño, in 2011 (MRA, 2011) establishes a high capability for natural regeneration of the
vegetation in this area, provided the physical conditions of the area are maintained insofar they are

not further deteriorated. In this way, it may be expected that if the area around the CE keeps or
recovers its topographic, bathymetric, hydrological and hydrogeological conditions , the natural
restoration process of the area might begin However, the natural restoration period may be

extended (medium to long-term), due to the large volume of sediment removed.

Assessment of potential effects

The r igorous, quantitative analys es required to resolve issues concerning the potential effects
mentioned above would require accurate information and data regarding:

- Series of data regarding the runoff of San Juan River;

- Topography on a 1:500 scale map with a resolution of ± 0.5m;
- Bathymetry of the lagoons, streams, river and caños;

- Hydraulic area of the caños;
- Rainfall on the area of the HCN.

However, these data are not currently available. Considering that there is no accurate information
to perform a quantitative analysis, and the lack of data from detailed maps of the site containing
this information, at this time it is only possible to perform a qualitative analysis based on the

working hypotheses adopted and described in Section 5, together with expert knowledge. This
qualitative analysis is presented herein.

In this context , we present below analysis of the following issues, based on the information
available from existing documents, as well as from the visit of the area around the Caño Este:

risks to which the HCN is exposed in the area adjacent to the Caño Este;

risks under a scenario in which the narrow spit of land between the San Juan River and the
Caño Este is breached (this spit of land is a triangle shaped islet at the mouth of the Caño
Este where it bifurcates from the San Juan River; see Annex - Photographs) and a strong

hydraulic connection develops between the San Juan River, the Caño Este and the Laguna
Este, and;

risk of saltwater intrusion from the sea.

516 Annex 78

Figure 10. Schematic, SW-NE cross-section with a hypothetical hydraulic gradient through the area
around the Caño Este (not drawn to scale).

Risks to which the HCN is exposed in the area adjacent to the Caño Este

Conceptual hydraulic behaviour of river bifurcations

In general, the branching of rivers, whether natural or artificial, tend s to divide their flows based on

four important hydraulic parameters:

• the size of the two or more branches involved in the bifurcation;

• the angles between the entrance channel and the exit channel(s);
• the gradients of the bifurcation channels, and;

• the roughness of the channels.

The relative importance of these parameters is dictated by the intensity of the rain fall upstream of
the bifurcation as well as directly on the area. These parameters would allow quantif ication of the

hydraulic behaviour of the San Juan River and the Caño Este around their point of bifurcation.

Possibility of a connection between the San Juan River and the sea through the opening of the Caño
Este.

Due to the bifurcation of the San Juan River with the CE during the rainy season and the
consequent increase in the flow of the river, this could result in a derivation of erosion through the

CE which could cause a rupture of the sandbar. The probability of occurrence can be quantified
using a combination of hydrological, hydraulic and soil mechanics principles.

These principles could be used to calculate the conditions for deformation or rupture of the sandbar

because, by applying principles of geotechnical engineering and soil mechanics , it is possible to
estimate the resistivity of the sand sized sediment to the fluid pressures.

The shear strength of a soil mass is the internal resistance per unit area tha t the soil can offer to
resist failure and sliding along any plane inside it. The nature of shear strength is understood as the

15

517Annex 78

slope stability and lateral pressure on soil -retaining structures. The sandbar between the Laguna
Este and the sea falls into the latter two categories; therefore the analysis of shear strength soil
mechanics can be applied.

Figure 11 is a schematic cross-section through the Laguna Este (LE) in contact with the sandbar (BA)

with approximate values of what was observed during the Ramsar mission. These values were used
to tentatively calculate the resulting force exerted by the Laguna’s water pressure. For this there are
two types of pressure: hydrostatic and hydrodynamic. Since the water in the Laguna Este is currently

contained (i.e., the fluid is at rest and at constant pressure), the force can first bapproximated
using hydrostatic pressure.

The pressure exerted by the Laguna’s water against the bar is equal to:

P= F/A

Where, P = pressure, F = normal force, and A = contact area between the Laguna and the bar (see
Figure 11). From this, the water pressure exerted on the contact area with the bar can be deduced

and calculated as follows:

2
F= ½ Δgwd

Where, Δg = specific weight of water (density x gravity), w = width of the Laguna, and d = depth of
the Laguna, as shown in the sketch in Figure 7.

Considering a lagoon width of 100 m (across a section orthogonal to the beach) and a depth of 1-2
meters, the resulting force due to the hydrostatic pressure would be:

F = 1 to 5 MPa

On the other hand, through various tests in geotechnical engineering, it is known that the beach

sands have a shear strength of around 30 MPa. Therefore, under the natural conditions of the
Laguna Este and given the composition of the bar, there is little or no risk of it rupturing.

However, in the case of hydrodynamic pressure, i.e. when the fluid is in motion, the pressure would
not be constant. The condition for this to happen is that the LE lagoon would be affected by the CE

if it were to increase its flow because of the junction with the San Juan River.

In this case, and with these conditions, one could also calculate the potential forces that could
rupture the sandbar by means of hydrodynamic pressure as follows:

Where, = mean pressure, k = kinematic viscosity; and ° V is the divergence of the fluid velocity

vector.

In a scenario where there is a hydraulic connection between the flow of the river and in the Caño

Este-Laguna Este:

16

518 Annex 78

Q = AV

where, Q = volumetric discharge, A = cross-sectional area of the river and/or Caño Este (average

depth x width of the relevant cross-section), and V = average velocity of water. If details of the
cross-sectional geometry, bathymetry, hydraulic gradient and discharges of the San Juan River, the
Caño Este and the Laguna Este were available, the above equation could be applied to estimate the

hydrodynamic pressure throughout the profile described in Figure 9, and thus the discharges and
required water pressure necessary to rupture the sand bar could be calculated.

Figure 11. Sketch of the contact between the Laguna Este (LE) and the sandbar (BA).

If a permanent hydraulic connection develops between the San Juan River, the Caño Este and the
Caribbean Sea, through the Laguna Este, this could allow river runoff to flow to the sea. The fraction
of the flow of the San Juan River through the Caño Este would depend on i ts size, slope and

roughness and on the season and intensity of rainfall.

However, in the absence of data necessary to support such calculations, the best estimate is that
the probability of the sand bar rupturing is low to medium. There would still be two further effects
that could modify the conditions of rupture of the sandbar. On the one hand the tides, and on the

other, infiltration into the groundwater aquifer . Indeed, it is known that in very wet basins, typical
storms generate a saturated zone gr eater than 75% of the covered surface. That is, in conditions of

humidity in the HCN area, a typical storm tends to generate a runoff that is distributed depending
on the vegetation, the topography and soil permeability. In areas that are excessively humid and
with shallow groundwater aquifers, such as the HCN, the contribution of the rain tends to cover an

area of infiltration and saturation of nearly three quarters of the surface; the aquifer acts as a
"sponge" that absorbs much of the rain. This means that even during heavy flooding of the RSJ, the
hydrodynamic pressure would be largely reduced by the effect of the aquifer.

Existence of risk of saltwater intrusion from the sea

17

519Annex 78

Regarding the risk of saltwater intrusion from the sea, a simple calculation to try to establish the
interface freshwater-saltwater (see Figure 1) was performed, and according to the Ghyben-Herzberg

formula, it was estimated that in the site’s hydrogeological circumstances (groundwater level

elevation, terrain elevation, flow direction, distance to the coast) the interface would be located
between 30 and 40 m below the groundwater level elevation. The main hypothesis is that there is

an essentially horizontal flow to the coastline; however, the closer the coast, the shallower the fresh

water/salt water interface will be. Based on these assumptions, it is estimated that the risk of saline
intrusion is low. These estimates are based on observations about the site; however, these must still

be confirmed with more accurate data on the topography and bathymetry.

7. Proposed scenarios and steps

Considering that there is insufficient information on the area around the Caño Este to make a

quantitative assessment of the potential changes in the ecological status of HCN in the study area
caused by the construction of the Caño Este, different qualitative scenarios are used below to
analyse the need for implementation of restoration measures in the area of the Caño Este in the

HCN.

Scenario 0: This scenario considers not implementing any measures of restoration of the Caño Este,
relying instead on the ability of natural restoration observed directly in the HCN and of the
landscape stability in recent decades. Howe ver, the present uncertainty about the lack of

quantitative information on the area indicates that this scenario is not sustainable on the basis of
the precautionary principle that must exist in order to maintain the ecological characteristics of the

site under the Ramsar Convention.

Scenario 1: Implementing mitigation measures to prevent the disruption generated by the Caño

Este in the HCN from continuing to spread. This implies avoiding the risk that the volume control
that the San Juan river currently has over the behaviour of the Caño Este and the terminal lagoon of

the Laguna Este (amendment of water levels), is transformed i nto a hydraulic control by flow. This
means that a hydraulic connection between the San Juan River and the Caribbean Sea will not occur
through the Laguna Este. Through ecological engineering mitigation measures, using the materials

that exist in the HCN, the zone of the Caño Este where a watershed naturally occurs (stub zone) can,
for example, be stabilized or reinforced. These works could temporarily "contain" any increases in

water volumes transported by the Caño Este during the flooding of the San Juan River. As the
hydrodynamics of the RSJ/CE/LE/BA system are better understood, the designs of the works can be
modified.

Regarding the above scenarios, the Mission recommends to follow the precautionary approach and

not to wait for the improvement of the quantitative analysis before the implementation of Scenario
1. This should be accompanied by the rigorous implementation of a monitoring program.

In order to implement Scenario 1, the Costa Rican government must submit to the Secretariat of the
Ramsar Convention an implementation plan of the proposed measures that enable its execution

without affecting the Ramsar site and the San Juan River, in accordance with the ruling of the
International Court of Justice.

520 Annex 78

Likewise, it is essential to start a monitoring program in the area of the Caño Este, including the
Laguna Este, as soon as possible, as was indicated in the note of 7 May 2014. Said monitoring
should include, at least: The attainment of aerial photographs and/or satel lite imagery, on a

monthly basis, of the entire extension of the Caño Este, between the San Juan River and the beach
(Laguna Este). Moreover, it is necessary to implement and maintain a continuous record of flows in

the Colorado River (upstream and downstr eam from where it branches out from the San Juan
River). The monitoring plan and its results must be submitted to the Ramsar Secretariat in order to

be able to carry out the respective monitoring and adjustment.

The implementation of other scenarios will depend on the results of the monitoring program and of
the attainment of the quantitative information detailed below:

- Series data of runoff rates of the San Juan river;
- Topography in the map at a scale of 1:500 with a resolution of ± 0.5 m (see specifications

on the part of topography);
- Bathymetry of the lakes, streams, river and caños;
- Hydraulic area of the caños;

- Precipitation over the area of the HCN;
- Dimensions of the junction between the San Juan River and the mouth of the Caño Este;

- Angles between the San Juan River and the Caño Este at its mouth and with the Laguna
Este;
- Slopes of the Caño Este;

- Roughness of the Caño Este.

On the topography in the Caño Este, as indicated in the note of 7 May 2014, the following

guidelines must be followed:

Requirement of topographic and bathymetric information of the Caño Este sector:

1) The area of the survey corresponds to the Caño Este, including the Laguna Este between

the caño and the beach. The boundaries of the area extend from the banks of the San
Juan river to the edge of the beach.

2) A topographic survey of the entire edge of the Caño Este, including the lagoon, must be
carried out, with a maximum distance of 10 meters between each point of measurement.

3) A bathymetric survey of the Caño Este and the lagoon must b e carried out in cross
sections with a maximum distance of 25 m between sections and depth measurements
with a maximum distance of 5 m from the San Juan River to the edge of the beach.

4) The topography and bathymetry must be tied to a landmar k with the official coordinates
of Costa Rica.

8. Conclusions

• The construction of the Caño Este altered the ecological character of the wetlands in the

study area in the HCN Ramsar Site through the modification of its physical and ecological
conditions.

• There is no data in the area of the Caño Este, with which to quantitatively assess the extent
of the alteration of HCN and its vulnerability to flooding of the San Juan River.

19

521Annex 78

• The proposed Scenario (1) should be implemented (following the precautionary principle),
together with the implementation of a rigorous monitoring program.
• Monitoring in the area of the Caño Este must begin as soon as possible in order to evaluate

its behaviour, considering morphological and hydrological variables.
• It is recommended to carry out measurements of the cross-section of the Caño Este in

drought time, a season in which there is less precipitation.

9. References

Chuprine, A. and A. Hernández, 2005. Diagnóstico socio económico del Refugio de Vida Silvestre
Corredor Fronterizo Costa Rica-Nicaragua (sector Rebaco). Onca Natural, informe técnico. 63 pp.

Informe MINAE, diciembre de 2013. Valoración de los daños ambientales ocasionados por el
Gobierno de Nicaragua mediante la construcción de nuevos caños artificiales abiertos en el extremo

norte de la Isla Portillos en septiembre de 2013.

Misión Ramsar de Asesoramiento (MRA) No. 69 (2011). Sitio Ramsar Caribe Noreste, Costa Rica,

Noviembre 27 a Diciembre 1 de 2010. Secretaría de la Convención Ramsar

Plan de Manejo Parque Nacional Tortuguero. 2004

Plan de Manejo Refugio Nacional de Vida Silvestre, HCN. 2010

20

522 Annex 78

Annex - Photographs

Assembly of photos of the HCN site taken by the
RAMSAR mission

Spit of land

San Juan
River

Triangle-
shaped islet

Water
division
line at
local scale

21

523Annex 78

Sandbar

Sandbar between CE and Caribbean Sea

Natural caños

The area is characterized by a complex mosaic of water
courses and bodies, many of which may be of natural origin.

22

524 ANNEX 79

Instituto Costarricense de Electricidad, Colorado River, Gauging Station

1104, Average daily flow table

2010-2014

English translation

525526 Annex 79

Instituto Costarricense de Electricidad-Proyectos y Servicios Asociados
Instituto Costarricense de Electricidad-Proyectos y Servicios Asociados
Basic Studies on Engineering and Hydrologyydrology

Period 2010-201410-2014

STATION : 11-04 Delta Colorado
STATION : 11-04 Delta Colorado

Average Daily Flow m³/s
Hydrological Year Day JanvFebge Marly Aprw Mays Jun Jul Aug Sep Oct Nov Dec
Hydrological Year Day Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
2010 1
2010 2010 2
2010 2
2010 3
2010 2010 4
2010 4
2010 5
2010 2010 6
2010 2010 7

2010 2070 8
2010 2080 9

2010 2090 10
2010 2010 11
2010 12
2010 11
2010 2012 13
2010 14
2010 13
2010 2014 15
2010 16
2010 2010 17 1283
2010 16
2010 18 1245
2010 2010 19 1283 1181
2010 18 1245
2010 20 1427
2010 2010 21 1181 1320
2010 2010 22 1427 1157
2010 21 1320
2010 23 1123
2010 2010 24 1157 1132
2010 23 1123
2010 25 1462
2010 2010 26 1132 1695
2010 25 1462
2010 27 1805
2010 2010 28 1695 2017
2010 2027 29 1805 2288

2010 2028 30 2017 2091
2010 2029 31 2288 1740

2010 30 2091
2010 2031 1 1494 934 1759 N.D 543 864 990 1222 980 1073 1740 1690
2011 2 1469 932 1838 N.D 546 867 1055 1240 910 1135 N.D 1936

2011 2011 1494 3 9348217599 N.D55 543D 8646 9907 1222 9804 1073 1N.D 1690 1584
2011 4 1561 958 1134 N.D 560 997 1043 1186 1254 1187 N.D 1409
2011 2 1469 932 1838 N.D 546 867 1055 1240 910 1135 N.D 1936
2011 2031 1782 5 9398713550 N.D20 556D 10373 9964 1224 1141 1319 1N.D 1584 1347

2011 4 1561 958 1134 N.D 560 997 1043 1186 1254 1187 N.D 1409
2011 5 1487 950 1020 N.D 743 894 988 1036 1147 1083 N.D 1347

527Annex 79

2011 6 1667 975 954 N.D 1411 911 911 986 1180 1087 N.D 1326
2011 7 1442 940 906 N.D 1170 881 879 966 1143 1056 N.D 1258
2011 8 1307 913 873 N.D 941 772 943 949 1091 1098 N.D 1207

2011 9 1217 923 851 N.D 1263 717 919 968 1077 1309 N.D 1172
2011 10 1159 909 842 N.D 1185 690 906 954 1000 1345 N.D 1140

2011 11 1204 871 818 N.D 1055 656 897 948 971 1374 N.D 1299
2011 12 1716 852 805 N.D 949 658 1019 936 952 1380 N.D 2301

2011 13 2121 928 802 N.D 924 666 1202 931 1078 1366 N.D 2774
2011 14 2334 1188 N.D 611 952 784 1405 992 1052 1287 N.D 2905

2011 15 2649 1562 N.D 595 875 993 1357 1019 944 1183 N.D 2898
2011 16 2639 1586 N.D 587 816 1109 1443 1200 918 1167 N.D 2653

2011 17 2239 1289 N.D 587 754 1137 1585 1258 1010 1102 1630 2162
2011 18 1796 1153 N.D 572 671 959 1491 1142 1087 1078 1541 2407
2011 19 1513 1086 N.D 569 646 979 1484 1105 1083 1055 1427 1927

2011 20 1348 1014 N.D 578 648 928 1263 1007 1099 1063 1340 1607
2011 21 1242 997 N.D 565 610 1072 1144 977 1038 1229 1427 1450

2011 22 1170 964 N.D 563 611 1004 1099 1016 947 1459 1611 1405
2011 23 1116 898 N.D 551 749 959 1256 1012 888 1301 1691 1434

2011 24 1067 868 N.D 548 705 956 1434 989 914 1242 1841 1602
2011 25 1035 855 N.D 546 635 1025 1239 972 1037 1161 2518 1688

2011 26 1008 912 N.D 539 606 1010 1133 964 1111 1055 2738 1445
2011 27 1002 980 N.D 542 594 996 1036 998 1127 N.D 2494 1366
2011 28 987 1272 N.D 567 587 873 974 977 1017 N.D 2065 1252

2011 29 978 N.D 564 630 884 1263 1082 938 N.D 1903 1246
2011 30 1000 N.D 558 681 965 1369 1004 970 N.D 1769 1201

2011 31 949 N.D 698 1203 964 N.D 1140

2012 1 1120 846 739 N.D 624 1221 732 1402 941 1263 1197 2285
2012 2 1129 840 709 N.D 639 1037 780 1345 891 1209 1227 1865
2012 3 1147 827 694 N.D 656 1021 767 1294 876 1023 1225 1705

2012 4 1196 823 679 N.D 669 989 837 1114 902 1054 1146 1515
2012 5 1570 805 1044 N.D 667 848 1215 1052 873 1033 1024 1457

2012 6 1804 798 1589 N.D 691 835 1189 983 1013 1170 929 1451
2012 7 1835 801 1261 N.D 651 818 1060 1016 949 1047 1112 1301

2012 8 1409 809 970 N.D 653 841 979 1050 925 941 1289 1214
2012 9 1246 1017 860 N.D 668 793 1077 1018 1027 952 2044 1172

2012 10 1149 942 780 N.D 606 838 1271 1006 1167 988 2677 1070
2012 11 1076 834 751 624 603 918 1195 1164 1087 929 2370 1033
2012 12 1030 802 758 601 591 1523 1053 1151 1114 873 1882 1052

2012 13 1002 794 750 589 592 1928 1019 1073 996 873 1591 1117
2012 14 1003 774 755 580 647 1436 1039 1067 937 966 1886 1055

2012 15 1052 761 778 573 795 1160 998 1124 959 1199 2351 1091
2012 16 1233 751 809 565 935 1004 997 1426 1083 1109 1653 1106

2012 17 1272 742 831 604 819 905 1038 1440 1211 959 1703 1003
2012 18 1176 738 861 740 692 966 950 1228 1073 937 2182 927

2012 19 1073 734 824 820 638 902 1261 1116 973 1044 1712 875
2012 20 1012 728 764 822 616 821 1902 1080 945 1065 1799 838

528 Annex 79

2012 21 989 740 725 790 723 823 1827 1020 902 1177 2518 857
2012 22 957 729 707 746 765 784 1526 1005 887 1167 2716 1081
2012 23 926 712 698 720 706 807 1378 1155 904 1239 2327 1207

2012 24 903 699 688 735 768 864 1418 1057 1203 1066 1773 1511
2012 25 896 700 678 685 943 848 1764 957 1067 972 1513 1679

2012 26 883 800 658 672 859 748 1641 1260 965 913 1832 1620
2012 27 873 894 646 644 862 709 1406 1176 944 885 1966 1218

2012 28 865 760 N.D 686 821 712 1970 997 993 907 1714 1460
2012 29 848 739 N.D 652 846 723 2543 963 1021 857 2228 1662

2012 30 859 N.D 610 1169 737 2215 954 1065 839 2563 1594
2012 31 864 N.D 1265 1596 1013 897 1769

2013 1 1722 570 455 489 356 769 1559 2014 960 1227 971 1795
2013 2 1551 569 483 729 346 683 1201 1639 1015 1089 973 1628

2013 3 1311 569 561 659 341 623 992 1575 838 1496 949 1389
2013 4 1147 555 735 543 396 566 886 2189 769 1458 928 1206

2013 5 1047 541 676 496 432 618 929 2158 746 1119 941 1078
2013 6 975 531 666 570 355 562 856 1635 800 1081 912 991

2013 7 911 519 937 510 326 632 928 1444 904 1093 892 945
2013 8 854 512 1570 457 314 558 1171 1171 919 1122 906 895
2013 9 823 505 1833 432 301 515 929 1039 835 957 1029 860

2013 10 804 495 1325 453 310 537 908 952 988 884 1158 831
2013 11 806 488 971 442 384 575 966 897 990 907 1172 803

2013 12 781 481 772 420 426 555 1011 849 1255 885 1045 798
2013 13 745 483 699 411 464 578 884 N.D 1197 904 1173 899

2013 14 723 478 675 394 620 959 838 1017 1056 984 1092 953
2013 15 700 502 705 395 563 1153 773 929 990 890 1047 930

2013 16 685 500 641 387 522 1230 768 842 1003 1036 1158 896
2013 17 676 495 588 397 459 1063 724 849 1209 1052 1189 1114
2013 18 679 480 549 476 405 871 763 918 1001 1054 1073 1213

2013 19 710 509 535 475 386 1408 877 873 1130 1033 1005 1155
2013 20 705 503 517 456 478 1706 1004 780 1091 1108 916 1039

2013 21 702 487 499 444 528 1447 847 796 967 1265 872 928
2013 22 665 486 481 430 615 1076 842 828 914 1115 877 867

2013 23 656 469 469 N.D 648 985 1235 784 946 1196 867 824
2013 24 653 483 457 N.D 564 998 1322 865 876 1099 851 785

2013 25 645 482 450 N.D 619 937 1345 982 936 1106 952 756
2013 26 670 481 439 356 581 1403 2233 968 997 1141 952 742
2013 27 631 478 422 351 578 1259 2335 822 1619 1173 891 719

2013 28 593 476 407 342 603 1177 1889 1159 1206 1191 1227 699
2013 29 575 466 331 555 964 1852 1076 941 1244 2054 693

2013 30 570 586 333 710 1254 1685 917 1371 1201 1688 688
2013 31 577 512 699 1875 873 1045 697

2014 1 688 579 447 300 507 842 1716 2054 704 939 927
2014 2 699 567 449 294 549 765 2051 2422 852 851 1236

2014 3 704 559 414 292 590 600 1776 2331 942 927

529 2014 4 688 555 432 292 464 582 1516 1905 989 1002
2014 5 655 543 416 301 399 1097 1254 1704 868 890

2014 6 642 533 408 302 374 981 1191 1399 786 981
2014 7 637 522 408 304 369 930 1714 1240 889 927
2014 8 655 516 400 296 432 815 1481 1178 840 1334

2014 9 653 532 397 296 557 678 1318 1200 766 1347
2014 10 697 553 394 375 456 685 2084 1148 744 1132

2014 11 779 564 392 613 836 658 2184 1089 1115 1169
2014 12 675 594 379 515 770 857 2336 1270 1620 1369

2014 13 636 569 376 431 567 1647 2299 1233 1379 1488
2014 14 640 524 371 370 461 2206 1822 1049 1195 1420

2014 15 637 506 357 340 408 1556 1724 1061 1140 1625
2014 16 623 502 356 327 412 1572 1934 1152 1062 1390
2014 17 895 488 354 325 531 1441 2299 1119 942 1278

2014 18 1013 476 354 302 463 1567 2426 1314 1164 1326
2014 19 768 470 349 302 389 1563 2332 1193 1367 1373

2014 20 1007 461 350 311 358 1815 2483 1146 1313 1448
2014 21 1243 456 360 365 333 1586 2385 1075 1159 1308

2014 22 1021 453 355 415 348 1471 2150 1062 1022 1192
2014 23 1016 443 346 380 473 1875 2315 991 937 1142

2014 24 961 439 356 353 503 2188 2360 900 938 1208
2014 25 816 437 352 334 508 1727 2278 830 983 1117
2014 26 733 438 351 326 530 2010 2429 787 1261 1093

2014 27 685 429 346 507 643 2249 2683 755 1279 1264
2014 28 650 427 329 627 627 1734 2372 789 1082 1020

2014 29 631 319 480 678 1478 2022 781 1028 957
2014 30 608 322 524 584 1382 1960 746 1020 938

2014 31 596 315 605 2018 706 919

N.D No Data

530 ANNEX 80

Photographs of sediment deposit sites in Nicaraguan territory

531532 Annex 80

PHOTOGRAPHS OF SEDIMENT DEPOSIT SITES ON NICARAGUA TERRITORY

Photograph 1: Sediment deposit site northwest of Nicaraguan Delta army post

Coordinates 10°46’24.56”N 83°45’58.69”O

Photograph 2: Sediment deposit site north of Nicaraguan Delta army post
Coordinates 10°46’26.44”N 83°45’55.09”O

533Annex 80

PHOTOGRAPHS OF SEDIMENT DEPOSIT SITES ON NICARAGUA TERRITORY

Photograph 3: Sediment deposit site northwest of Nicaraguan Delta army post

Coordinates 10°46’24.56”N 83°45’58.69”O

Photograph 4: Sediment deposit site north of Nicaraguan Delta army post
Coordinates 10°46’26.44”N 83°45’55.09”O

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