Although the strike was declared illegal by the Labour Court of Costa Rica, the union has rejected the government's proposal which promised marketing efforts at the ports in conflict.
Unionists remain steadfast in their rejection of the concession contract clause which states that the terminal operated by APM will be the exclusive operator of specialized container ships.
Although the $55 million loan to build a port which will accommodate Postpanamax vessels has already been approved, there is still no environmental or financial guarantee to ensure that the resources will be directed towards it.
The problems with ports in Costa Rican could still get worse in the future with the delay of the expansion of the dock at Moin.
APM Terminals will have until October to comply with the requirements and outstanding permits to begin construction of the container port in the Costa Rican Caribbean.
Through a consensus among the three parties (Japdeva, National Concessions Council and APM Terminals) it has been agreed to extend for a period of three months the suspension agreed last April.
The Presidential candidate Luis Guillermo Solis has promised to respect the contract with the Dutch company APM for the construction of a new container dock at Moin.
The likely winner of the presidential election has backtracked on his campaign ads which stated he would "review the ports concession contracts."
During a meeting with members of the Costa Rican Coalition for Development Initiatives (Cinde), Luis Guillermo Solís, presidential candidate of the Citizen Action Party (PAC), said that a new government would respect the contract that was signed two years ago with the Dutch firm APM Terminals to build a new container dock in Moin, Limón, with an investment of $1 billion.
The National Tender Board (CNC in Spanish) has notified the company APM Terminals which has a maximum of 18 months to begin the construction of the new Moin Container Terminal (MCT), in the Caribbean, Costa Rica.
After the deadline, APT Terminals has 36 months to complete the works on this terminal which will allow servicing and boarding of container vessels.
Legal security of certain investments may be in doubt if arguments put forward by the Legislature regarding decision-making powers of award of state property thrive.
Citing as a justification the text of Article 140, paragraph 19 of the Constitution of Costa Rica, the President of the Legislative Branch, Juan Carlos Mendoza, has expressed his conviction that it is the Legislative Assembly which is responsible for approving the concession award for a container terminal at the port of Moin.
China and Costa Rica have signed an agreement for funding via the China Development Bank to build a refinery in the province of Limon.
The China Development Bank (CDB) will provide financing between $800 and $900 million and the rest will be contributed equally by the Costa Rican Oil Refinery (Recope) and the China National Petroleum Corporation International (CNPCI).
After an arduous process, the government of Costa Rica has signed a concessionary award to Dutch run APM Terminals for the construction of the port and its management for a period of 30 years.
APM Terminal's investment will be $950 million, and they will have a period of 3 years to build a container port in Moin on the Caribbean coast of Costa Rica, north of the existing port facilities.
With the deadline for signing the contract, the 26 August, nearly reached, the government and opposition factions are sticking to their positions.
Laura Chinchilla's government is holding firm its intention to grant a concession to the company APM Terminals but has yet to resolve two complaints filed by the National Chamber of Banana Workers and Japdeva Workers Union (Sintrajap).
The project consists of a specialized port for the transshipment of containers with an operating area of 45 hectares, and a cost of $950 million.
A press release of the Presidency of the Republic of Costa Rica reads:
Vice President Liberman stressed the importance of getting "the green light to start the tender process, which will generate more employment in the country, mainly in the port area"
Costa Rica would receive $2265 million over the 30-year period of concession on taxes on income, creating 500 direct jobs and 8000 indirect jobs.
A press release from the Ministry of Public Works and Transportation reads:
New Container Terminal in Moin Would Generate 8500 Jobs
This morning the Minister of MOPT, Francisco Jimenez, explained to the committee of the Legislative Assembly Awards the advantages and benefits of the concession to build a new container terminal in Moin. One of the main tangible benefits would be 500 direct jobs and 8000 indirect jobs.
The Costa Rican judiciary dismissed the lawsuit filed by the National Banana Chamber against the concession of the Moin Terminal Container to APM Terminals.
Randall Quirós, legal representative of the National Banana Chamber, stated that the Court rejected their petition due to "issues of form but not substance".
The lawsuit filed by the Chamber stated that the bidding rules lacked technical, environmental and financial studies.
The National Banana Chamber filed a lawsuit in order to nullify the award to a foreign company of a new container port in Moin.
Among arguments included in the law suit presented before the Administrative Court, it states that the tender lacks any technical, environmental or financial studies.
"Furthermore, it argues, the concession given to Dutch giant APM Terminals will force producers to pay rates 130% higher than what they pay today at the Port of Limon." Nacion.com published, "APM Terminals will charge a $ 223 fee per container, $ 43 more than Japdeva ($ 180).”
Company Royal Haskonig conducted a study which calculated the actual cost of building and operating the new port on the Costa Rican Caribbean coast.
Back in 2004, authorities had set a reference price of $812 million. Haskonig’s figure is 17% higher.
Allan Hidalgo, executive president of Japdeva, the port authority for Limón, told BNAmericas that the study also “raised the expected return on investment from 15% to 17%, and calculated the cost of handling one container at $252, up from $169. These variations make for a more attractive project”.