World Trade Organization

Import Licensing Procedures

Goods originating within CARICOM

Document symbol
G/LIC/N/3/BRB/7
Original language
English
Published on
02/09/2024

Outline of Systems

Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.

The arrangements for the issuance and regulation of import licences is managed by Ministry of Energy and Business through the Department of Commerce and Consumer Affairs (DCCA), under the Miscellaneous Controls Act Chapter 329 and its accompanying Regulations of the Laws of Barbados.

Purposes and Coverage of Licensing

Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.

Goods which are subject to import licence under the Miscellaneous Controls (General Open Import Licence) Regulations are listed in Annex I.

Q3. The system applies to goods originating in and coming from which countries?

The import licencing system applies to goods originating from all countries. Goods originating within CARICOM are listed in the Third Schedule of Annex I.

Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?

The objective of the import licensing system is not to restrict either the quantity or value of imports. It is intended for:

a. Monitoring;

b. Security;

c. Protection of public morals;

d. Health; and

e. Environmental purposes.

Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?

The import licensing scheme is a statutory requirement maintained under the Miscellaneous Controls Act Chapter 329 of the Laws of Barbados.

The Act cannot be abolished without legislative approval. Any changes to the scheme (addition or removal of goods) also require legislative approval. The Act allows for administrative discretion in instances of unforeseen circumstances.  Each case is considered individually.

The respective statutory instruments are made available to the public by publication in the Official Gazettes. 

Procedures

Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):

Presently, quantitative restrictions in the form of quotas are applied to some poultry products (chicken wings, turkey wings and turkey necks) and some of the substances and chemical- hydrochlorofluorocarbons and hydroflurocarbons (HCFCs and HFCs) subjected to the regulatory control of the Montreal Protocol on Substances that Deplete the Ozone Layer.  

Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?

The allocation of quotas in relation to HCFCs is administered by the Ministry of Environment and National Beautification Green and Blue Economy(MENB). Importers and the DCCA are informed formally of quota limits for the pending two-year period by the MENB at the end of the current year. Members of the public and importers are informed of the procedures via the various media platforms and the Government Information Service. There is a national quota in place for HFCs, imports are allowed on a first come basis until an appropriate alternative quota allocation mechanism is determined. The allocation of quotas in relation to poultry products is administered by the Ministry of Agricultural and Food Security (MAFS). The Barbados Agriculture Development and Marketing Corporation is the only entity permitted to import these products. A quarterly total of 420,000 kg is permitted for importation.  

Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?

Quotas limits for HCFCs are allocated yearly on a reducing balancing balance as per the agreed control measures under the Montreal Protocol. A protocol has been developed by the MENB for the transfer of unutilized allocations between importers. Quota limits for poultry products are allocated quarterly. 

Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)

Licences are granted to the importers who have been allocated the quotas by the MENB. The list of importers allocated quotas was compiled by the National Ozone Unit using historical data in relation to importation of HCFCs.

Licences are granted to the BADMC as the sole importer of these products.

Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?

There is no set time limit for the submission of applications for either HCFCs or poultry products, however, in both instances, quota limits for the year cannot be carried over to the next year.

Q6.V. What are the minimum and maximum lengths of time for processing applications?

Processing time for applications for import licences is the same for all goods under import licence requirements, (1-2) working days. 

Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?

The period for importation begins on the date the licence is granted.

Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?

Apart from 6(1) the importation of HCFCs do not require consideration from another administrative organ.

Poultry products must be endorsed by Veterinary Services.  

Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?

N/A

Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?

N/A

Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?

N/A

Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?

N/A

Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:

N/A

Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?

N/A

Q7.b. Can a licence be granted immediately on request?

N/A

Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.

N/A

Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?

N/A

Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?

An application for an import licence is normally granted if it meets the ordinary criteria. In the event of the refusal to issue a licence, the applicant will be informed of the reasons for the refusal.  Applicants have the right to appeal to any of the following persons:

  • Director, Department of Commerce and Consumer Affairs;
  • Permanent Secretary and Minister of the Ministry of Energy and Business

 An applicant may approach the Barbados Chamber of Commerce and Industry or the Barbados Manufacturers Association to mediate on their behalf or they may seek redress in Civil Court.

Eligibility of Importers to Apply for Licence

Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?

With the exception of goods for which there are quantitative restrictions in place, all persons, firms and institutions may apply for an import licence under the Miscellaneous Controls Act Cap 329.

Documentational and Other Requirements for Application for Licence

Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?

Applicants are required to state their personal or business name, address, the country from whence the goods are sourced and the country from whence they are being consigned, the expected date and the time of arrival, the relevant tariff heading, the description of the good(s), and the quantity to be imported.

In some instances, additional documentation may be required on the submission of an application.

Q11. What documents are required upon actual importation?

For the importation of goods from CARICOM countries, a certificate of origin is required as well as the commercial invoice. For the importation of goods from non-CARICOM sources only the commercial invoice is required.

Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?

There is no licensing fee or administrative charge.

Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.

There is no deposit or advanced payment associated with the issuance of import licence.

Conditions of Licensing

Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?

A licence is valid for a period of up to three months and can be extended upon expiry.

Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?

There are no penalties for the non-utilization of an import licence or a portion thereof.

Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?

Import licences are not transferable between importers.

Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?

There are no other conditions than those previously mentioned attached to the issuance of an import licence. 

Other Procedural Requirements

Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?

Imports are not subject to any other administrative procedures.

Q19. Is foreign exchange automatically provided by the banking authorities for goods to be imported? Is a licence required as a condition to obtaining foreign exchange? Is foreign exchange always available to cover licences issued? What formalities must be fulfilled for obtaining the foreign exchange?

There are no hindrances to obtaining foreign exchange from the banking authorities for goods to be imported. Licences are not required as a condition to obtaining foreign exchange. Foreign exchange is readily available to cover licences issued and can be obtained from commercial banks once the importer is in possession of the Original Invoice(s) for the importation of goods. Those without invoices are required to complete a Foreign Currency Import Form (FCI) from the Central Bank after which authorization is given to obtain the currency.