Goods subject to Import Licensing
- Document symbol
- G/LIC/N/3/GUY/2
- Original language
- English
- Published on
- 28/10/2003
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.
Import licensing system is regulated by the Trade Act Cap. 91:01 which also establishes the list of goods subject to import licensing. The licensing system is administered by the Ministry of Tourism, Industry and Commerce.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Imports of the products listed in the attached Third Schedule of the Trade Act Cap. 91:01 are subject to automatic/non-automatic licensing (See products).
Q3. The system applies to goods originating in and coming from which countries?
The system applies to goods originating in and coming from all countries except the Caribbean Community (CARICOM). Guyana is a member state of CARICOM.
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?
Automatic licensing is maintained for statistical purposes. Non-automatic import licensing is maintained for the purposes provided for in the Agreement.
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 system is regulated by the Trade Act Cap. 91:01 and may be amended only by the authority of a Ministerial Order issued for that purpose under the said Act.
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?
There are no quotas. Information relating to formalities of filing applications for licences, exceptions and derogations are available upon request at the responsible Ministry (Government agency).
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?
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 issued to importers regardless of whether they are producers of like products. There is no regulation or restriction regarding the utilisation or non-utilisation of licences.
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?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Applications for licences are processed within two 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?
An importer should have a licence prior to the arrival of any of the product(s) covered under the Third Schedule of the Trade Act, Cap. 91:01.
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?
Import licence applications for some products may require the prior clearance of other agencies before the final issuance by the Ministry of Tourism, Industry and Commerce. (See Attachment II).
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?
Any importer is eligible for a licence subject to the requirements. There are no laid down criteria based on performance or quotas.
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 restraint arrangements. Export permits from exporting countries are not required.
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?
Export permits from exporting countries are not required.
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)?
Q7.b. Can a licence 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.
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?
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?
None.
Are the reasons for any refusal given to applicants?
In the event an application is refused (not approved), this is indicated to the applicant in writing.
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 application form is attached (see Attachment III ). An importer is required to obtain the prior endorsement of his application by the relevant agency before submitting same to the Ministry of Tourism, Industry and Commerce (see Attachment II).
Q11. What documents are required upon actual importation?
Upon actual importation, an importer is required to submit the approved import licence or a certified copy thereof.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
There is no fee related to the processing of applications.
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 licence.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
Almost all licences are valid for six months from the date of issue. At the expiry of this period the validity can be extended if the applicant so requests. The two exceptions to this are frozen meat products, for which one month licences are issued that are valid for only one shipment, and for arms and for ammunition, for which licences are valid until the end of the calendar year.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for non-utilisation of a licence or a portion of it.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
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 conditions attached to the issuance of a licence.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There are no other administrative procedures, apart from import licensing 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.