Goods from extra regional sources

Document symbol
G/LIC/N/3/GRD/4
Original language
English
Published on
08/09/2010

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 Government of Grenada maintains an import licensing system to regulate the importation of goods, which are subject to the licensing regime. The import licensing system is regulated by the Supplies Control Act CAP. 314 of the Revised Laws of Grenada and the Supplies Control Regulations (Section 3). The licensing system is administered by the Ministry of Finance and Trade through its Consumer Affairs Division.

Purposes and Coverage of Licensing

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

Imports of Goods which appear on the Supplies Control Act CAP. 314 and the Supplies Control Regulations (Section 3) (List of garments requiring licence prior to importation from extra-regional sources (see Products)) are subject to licensing.

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

The system applies to goods originating from the Caribbean Community and extra regional countries.

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?

Licensing is automatically granted. The import licensing system is applied for:

- Regulating and monitoring purposes;
- Security purposes.
- Environmental purposes.

The objective is in no way to restrict the quantity or value of imports.

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?

Is the licensing statutorily required?

The licensing system is a statutory requirement maintained under the Supplies Control Act CAP. 314 and the Supplies Control Regulations (Section 3).

Does the legislation leave designation of products to be subject to licensing to administrative discretion?

The legislation does not leave designation of products to be subject to automatic licensing to administrative discretion.

Is it possible for the government to abolish the system without legislative approval?

Under the Supplies Control Act, the Minister can add or delete items from the list without legislative approval.

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):

Please see Answers 6.1-6.11.

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?

Information relating to quotas and other related formalities is communicated to importers in the Official Gazette or in writing from time to time.

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 (when and where applicable) are determined on a yearly basis. All licences are issued on request. The application must be made prior to importation.

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.)

Licenses are allocated on a non-discriminatory basis, first-come, first-served.

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?

The period of time allowed for the submission of applications for licence is two weeks.

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

Applications for licenses are processed within 48 hours and are valid for three months from the date of issue.

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

Applications are usually presented 1 week prior to the arrival of imports, but in several instances applications are presented a few hours before clearing Customs.

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?

Licence applications are considered by one administrative body. All import licences are processed by the Ministry of Environment, Foreign Trade and Export Development through its Licensing Division.

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?

As indicated earlier, licences are allocated on a first-come, first-served basis.

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?

There are no bilateral quotas or export restraints arrangements.

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?

Importers are asked to inform exporters of national requirements.

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

No licences are issued on condition that goods should be exported and not sold in the domestic market.

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

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)?

How far in advance of importation must application for a licence be made?

Importers are advised to submit applications prior to arrival of goods. Licences are normally processed within 48 hours of receipt by the Consumer Affairs Division.

Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence

Licences can be obtained within a shorter period of time for goods already on the Port.

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

Yes, a licence can be granted immediately on request.

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.

There are no limitations as to the period of the year during which application for licence and/or importation may be made.

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?

Licence applications are considered by one administrative body. All import licences are processed by the Ministry of Environment, Foreign Trade and Export Development through its Licensing Division.

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?

Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?

All applications for licences are automatically approved except those that fail to meet the ordinary criteria.

Are the reasons for any refusal given to applicants?

In the event of refusal to issue an import licence the applicant will be informed of the reason for refusal.

Have applicants a right of appeal in the event of refusal to issue a licence? If so, to what bodies and under what procedures?

The applicant has the right to appeal to the Permanent Secretary, Ministry of Finance and Trade or 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?

All persons, firms and institutions are eligible to apply for licences.

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?

A sample of the application form is attached. Applicants are required to state their personal or business name; address; the country from which the goods are sourced and the country from which it is being consigned; the expected date and time of arrival; the relevant tariff heading, the description of the goods; the quantity and the quoted c.i.f value.

Q11. What documents are required upon actual importation?

Upon importation, an importer is required to submit the approved licence to the Customs Department.

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

A fee of EC$5.00 is charge per licence.

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 advance payment requirement 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 up to three months and can be extended by renewal upon expiry of that period by the issuance of a new licence under the same procedure, for a maximum of one year.

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?

Importation from extra-regional sources of garments will only be allowed on the condition that importers agree to pay duties on the minimum cif values indicated.

Other Procedural Requirements

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

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?

Foreign exchange is automatically provided by the banking authorities for goods to be imported.