Goods subject to a single open general licensing system
- Document symbol
- G/LIC/N/3/JAM/6
- Original language
- English
- Published on
- 20/12/2023
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.
Jamaica operates a single open general import licensing system.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The import licensing system covers products that may impact negatively on the environment, social and security conditions of Jamaica. The list of products is attached (ANNEX I).
Q3. The system applies to goods originating in and coming from which countries?
The Trade Board Licensing System applies to items/goods from all countries trading with Jamaica.
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 system is not intended to restrict the quantity or value of imports. It is an administrative mechanism for the monitoring of items/goods that could impact negatively on the environment, social and security of Jamaica. An alternative to the present licensing system has not been proposed, however Jamaica is committed to periodic review of the list of items requiring Import Permits, with the objective of removing items where justifiable. At least four items/product lines were removed from import licensing restriction during 2019 to 2020.
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 maintained under the legal authority of the Trade Act (Law 4) 1955; Section 11. Licensing is statutorily required. No, the designation of products is not left to administrative discretion. Note that it is not possible for the system to be abolished by Government (or the executive branch) 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):
Jamaica does not apply quota restrictions.
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?
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.)
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?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
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?
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?
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?
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?
Q6.XI. Are there products for which 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)?
No advance time is stipulated. To avoid a breach of the Customs Act, Import Permits must be issued by the Trade Board Limited and obtained by importers prior to the importation of any licensable items. Once the Import Permit has been issued, the applicant/importer may proceed to ship the goods/items. No goods should be shipped prior to the importer receiving an Import Permit.
Q7.b. Can a licence be granted immediately on request?
Yes, once all the required information/documentation is submitted. The minimum time for processing applications is three working days if the required documentation/information is attached. If there are no undue impediments to processing, a maximum of approximately seven working days is required for specific items for which recommendations are required from external ministries/agencies (Ministry of Industry, Investment & Commerce and The Bureau of Standards Jamaica), or where additional information/documents are required.
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.
No.
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?
Import applications are primarily considered by the Trade Board Limited. However, there are specific commodities (milk powder and cement) for which recommendations/pre-approvals from other state entities are necessary prior to approval. However, procedurally, the applications are submitted to the Trade Board Limited and then referred by the Trade Board Limited to the abovementioned entities for their recommendation/pre-approval.
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?
There are no other circumstances other than failure to meet statutory requirements. The reasons for refusals are shared with applicants/importers who have the right to appeal by means of a letter to the Trade Administrator presenting new information with additional documentation where necessary. In certain circumstances, a special subcommittee of the Board of Directors of the Trade Board Limited may review these cases.
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?
Individuals over 18 years of age, institutions (e.g., embassies, NGOs), companies (including motor vehicle dealers) are eligible to apply for Import Permits under a non-restrictive licensing system. Motor Vehicle Dealers and importers of Refined Sugar and Milk Powder are required to be registered prior to the submission of applications. A registration fee is applicable. There is a published list of all the Certified Motor Vehicle Dealers.
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?
The type of information required on applications include: name and address of importer (individual/company), name and address of consignor, Taxpayer Registration Number (TRN), quantity, unit price, C.I.F (Cost, Insurance and Freight) Value. Individuals importing items are required to submit proof of identity. Applications for import permits are accepted by way of an online Platform (Jamaica Trade Information Portal (www.jamaicatradeportal.gov.jm). The interface is the same for both individuals and companies. Documents supplied with applications include Supplier's Invoice and or Certificate of Title. In addition to these documents, motor vehicle dealers are required to submit Export Certificates and Preshipment Inspection Certificates (the latter for used motor vehicles being imported).
Q11. What documents are required upon actual importation?
Upon importation, importers of licensable items are required to supply valid Import Permits, documentation showing proof of ownership, along with the relevant shipping documents required by the Jamaica Customs Agency.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
Yes, there are administrative charges. A processing fee of J$6,325.00 is required on submission of all 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 are no deposits or advance payments associated with the issue of import permits.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
Permits are typically valid for one year or six months. However, shorter validity periods may obtain where the licensable import is subject to age limits (specifically used motor vehicles and motorized equipment). Such cases aside, where the period of validity is less than a year, Import Permits may be extended on the basis of written requests for extensions accompanied by justification and supporting documentation.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
No, there is no penalty for non-utilization of an Import Permit or portion thereof.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No, Import Permits are not transferable between/among importers. This is a conditionality of all Import Permits issued.
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?
Other conditions attached to the issue of Import Permits include: - vehicles should meet the requirements of the Road Traffic Laws of Jamaica and importation of damaged vehicles is not allowed. Permits for goods/items imported on a temporary basis carry a condition that these items should be re-exported at the end of the specific period stipulated. Applicants do have the option to apply for permanent landed status if necessary.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Not in relation to the Trade Board Limited.
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?
Jamaica's Foreign Exchange System has been fully liberalized. An Import Permit is not required as a condition to obtaining foreign exchange.