Goods originating outside OECS and/or CARICOM - Second Schedule
- Document symbol
- G/LIC/N/3/LCA/7
- Original language
- English
- Published on
- 03/03/2017
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 Import Licensing System is regulated by the External Trade Act Chapter 13.11 of the Revised Laws of Saint Lucia. The Ministry of Commerce administers the licensing system in relation to trade in goods.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The list of products subject to import licensing are contained in Schedule 2 attached to the External Trade (Restricted Imports) (Amendment) Order - Statutory Instrument No. 118 of 2012. Goods originating outside of the Organization of Eastern Caribbean States (OECS) and/or the Caribbean Common Market (CARICOM).
Q3. The system applies to goods originating in and coming from which countries?
The system applies to goods originating outside of the Organization of Eastern Caribbean States (OECS) and/or the Caribbean Common Market (CARICOM) - Second Schedule.
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 Saint Lucia Import Licensing Regime was adopted to facilitate the regulation and monitoring of imports. Automatic licenses are used for statistical purposes whereas non-automatic licenses are used the following purposes:
- National Security; - Public Health Concerns; - Public Safety; - Plant and Animal Health Concerns; - Development Factors; - Financial Needs; - Moral Issues.
To date, no other regulatory system has been contemplated.
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 External Trade Act Chapter 13.11is the legal instrument for the import licensing regime in Saint Lucia.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
The various goods and products are classified in the schedule to the Order and therefore administrative discretion is unnecessary.
Is it possible for the government to abolish the system without legislative approval?
A list of all items which require an import licence may be obtained from Her Majesty's Customs, or from the Ministry of Commerce. The legal instruments were published in the Official Gazette prior to implementation as required by law. Government can, with legislative approval, abolish the system.
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)?
How far in advance of importation must application for a licence be made?
Importers are asked to submit applications prior to arrival of goods. Licences are on most occasions processed within 48 hours of receipt by the Ministry of Commerce.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Licences can be obtained over a shorter period for goods already on the docks.
Q7.b. Can a licence be granted immediately on request?
In special circumstances a licence can be granted 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 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?
Which administrative body is responsible for approving application of licences?
Licences related to the External Trade Act are all processed by the Ministry of Commerce.
Must the applications be passed on to other organs for visa, note or approval?
In effect, an importer would have to interface with at least two Government departments before obtaining clearance. However plans to limit the involvement of multiple administrative bodies in the final approval of those import licenses are at an advance stage.
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 are approved automatically except for those that fail to meet the normal criteria.
Are the reasons for any refusal given to applicants?
Applicants are informed of the reason for refusal.
Have applicants a right of appeal in the event of refusal to issue a licence?
Yes applicants have a right of appeal.
If so, to what bodies and under what procedures?
Applications may appeal to the Permanent Secretary or directly to the Minister of Commerce. Applicants may seek representation through one of the following:
- St. Lucia Manufacturers Association;
- St. Lucia Small Business Association;
- St. Lucia Chamber of Commerce.
Applicants may also seek redress through the Civil Court, and ultimately through the Caribbean Court of Justice (CCJ) if the infringement is in contravention of the Revised Treaty of Chaguaramus, which presents the rules governing the CARICOM Single Market and Economy, CSME.
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?
What information is required in applications?
A sample of the application form is attached for reference.
What documents is the importer required to supply with the application?
A copy of the relative commercial or proforma invoice is required with each application.
Q11. What documents are required upon actual importation?
In the case of goods originating out of the CARICOM, a Certificate of Origin is required.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
No licensing or administrative fees are charged.
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 for one month from date of issue. The validity may be extended to facilitate the delivery of goods, if required.
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 a portion of it.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licences are non-transferable.
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. Licenses are issued at no cost to the applicant.
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?
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Foreign Exchange is automatically provided by the banking authorities to pay for imported goods.
Is a licence required as a condition to obtaining foreign exchange?
There are no domestic restrictions to obtain foreign exchange to settle invoices, whether payable at sight or on other trade terms.