The Import Licensing System is regulated by the Customs (Management and Control) Act Chapter 15.05 of the Revised Laws of Saint Lucia. The Ministry of Commerce administers the licensing system in relation to trade in goods.

The lists of products subject to import licensing are contained in Part 2 (Restricted Imports) of Schedule 3, attached to the Customs (Management and Control) Act Chapter 15.05 of the Revised Laws of Saint Lucia.

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 for 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.

Is the licensing statutorily required?

The Import Licensing System is regulated by the Customs (Management and Control) Act Chapter 15.05 of the Revised Laws of Saint Lucia is the legal instruments for the import licensing regime in Saint Lucia.

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

Goods such as controlled substances, firearms and ammunition which require non-automatic licences may become subjected to administrative discretion.

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.

See answers 6.1-6.11

Information regarding quotas and other related formalities is advertised by the Ministry of Commerce in the Local Press and in the Official Gazette.

Quotas (when and where applicable) are determined annually.

Licences are allotted on a non-discriminatory basis, first come first served.

Import Licences are usually for one month duration from date of issue and must be utilized in its entirety. No part may be transferred to other shipments.

Applications are usually processed within 48 hours.

Applications are usually presented within 24 hours of arrival of goods, but in several instances it has been observed that applications are presented to the appropriate Ministry after the arrival of the goods into the country.

All applications for trade import licences covered under the External Trade Act are processed by the Ministry of Commerce. However, other applications for import licenses are processed as follows:
- Plants and Animals - Ministry of Agriculture;
- Weapons and Ammunition - Ministry of Internal Security (Police Commissioner);
- Drugs and Public Health - Ministry of Health;
- Motor Vehicles – Ministry of Transport.

Licences are allocated on a first come first served basis. Applications are examined on receipt.

There are no bilateral quotas or export restraint arrangements. Export permits are required from country of origin when importing plants and animals into Saint Lucia.

Importers are asked to advise exporters of national requirements.

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

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.

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

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.

In the case of goods originating out of the CARICOM, a Certificate of Origin is required.

No licensing or administrative fees are charged.

There is no deposit or advance payment requirement associated with the issuance of licences.

A licence is valid for one month from date of issue. The validity may be extended to facilitate the delivery of goods, if required.

There is no penalty for the non-utilization of a licence or a portion of it.

Licences are non-transferable.

There are no conditions attached to the issuance of a licence. Licenses are issued at no cost to the applicant.

There are no other administrative procedures apart from import licensing required prior to importation.

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.