Automatic products
- Document symbol
- G/LIC/N/3/ATG/2
- Original language
- English
- Published on
- 30/01/2002
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 Antigua and Barbuda licensing system is regulated by the External Trade (Import Restriction) Act, Cap 163, Volume IV of the Revised Laws of Antigua and Barbuda (1992) (Attachment I), Law Revision (Miscellaneous) (Amendments) (No. 2) Act 2000, Section 4 (Attachment II), Statutory Instruments 2001 No. 23 (Schedule I, Countries which are not Members of the WTO; Schedule II, Import prohibition from countries which are not Members of the Organization of Eastern Caribbean States (OECS) or the Caribbean Common Market (CARICOM); Schedule III, Import prohibition from countries which are not Members of the Organization of Eastern Caribbean States) (Attachment III), Statutory Instruments 1999 No. 42 (Chemicals Controlled by the Montreal Protocol) (Attachment IV) and Import License Procedure Bulletin (Attachment V) . The licensing system is administered by the Trade Division of the Ministry of Economic Development, Trade, Industry and Commerce.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Licences are automatic except for the non-automatic products listed below:
Caribbean Common Market (CARICOM) Treaty Obligations; Imports of animals, poultry, livestock and poultry products, plants and plant products, pesticides, drugs and antibiotics, firearms, fireworks, arms and ammunition and other products; Chemicals controlled by the Montreal Protocol
Q3. The system applies to goods originating in and coming from which 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?
Automatic import licensing is for statistical 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 licensing system is a statutory requirement. Authority exists to suspend specific items in the system, whenever it is determined that such action is appropriate. By law, notice of such action must be published in the Government Gazette.
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):
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)?
There is no specific time-period as to when the licence application must be submitted. However a licence application must be submitted and approved before the commodity's arrival in the country.
Q7.b. Can a licence be granted immediately on request?
Under certain circumstances, a licence can be granted immediately upon 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 applications 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?
An importer may have to approach more than one administrative organ in connection with a licence application.
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?
None. The reasons for any refusal are not given to the applicant in writing. The applicant has a right of appeal. In the event of refusal to issue a licence, the applicant has a right of appeal to the Permanent Secretary and Ministers of the relevant Ministries.
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 (Application for licence to import) is available for reference in the Trade Division of the Ministry of Economic Development, Trade, Industry and Commerce.
Q11. What documents are required upon actual importation?
Upon actual importation, an importer is required to submit the approved import licence or a 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 licensing fee or administrative charge. There is a ten cents per form charge for each licence form. A total of three licence forms is required.
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 licences.
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 in most cases for one month from the date of issue. The validity can be extended if the applicant so requests.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for the non-utilization of a licence or any 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 to a maximum of EC$100,000. No licence is required as a condition of obtaining foreign exchange. Permission is required from the Ministry of Finance for foreign exchange exceeding EC$100,000. Foreign exchange is easily available from local banks and no particular formalities are needed.