Goods listed in Schedules I & II
- Document symbol
- G/LIC/N/3/VCT/1
- Original language
- English
- Published on
- 23/04/2015
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 and Export (Control) Regulation Statutory Rules and Orders (SR&O) came into effect on the 20th November 1990. This was subsequently amended by a series of SR&O with the most recent being SR&O No. 55 of 2008.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The regulation consists of 3 schedules. The importation of any good listed in the 1st schedule is prohibited from any place outside the Organization of Eastern Caribbean States and Belize. They may only be imported if a license is obtained from the Minister of Trade.
The importation of any goods listed in the second schedule is prohibited from any place outside the Caribbean community. They may only be imported if a license is obtained from the Minister of Trade.
The exportation of any goods listed in the third schedule is prohibited except under license from the Comptroller of suppliers.
Q3. The system applies to goods originating in and coming from which countries?
The licensing procedures apply to all 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?
Both systems are now used for administrative and 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 Import and Export (Control) Regulations No.55 of 2008.
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?
A minimum forty eight (48) hours is required for processing of applications prior to importation.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Under certain circumstances /conditions (inadvertency) applications are processed within a shorter time limit.
Q7.b. Can a licence be granted immediately on request?
The automatic licenses can be fast tracked based on the circumstances.
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 for importation.
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?
Application for the products below must be submitted to the Ministry of Agriculture, Rural transformation, Forestry, Fisheries and Industry before submission to the Trade Department.
- Fish (live, fresh, frozen, processed products)
- Meat products (live, fresh, frozen, processed)
- Fruits and vegetables
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?
Generally, there are no circumstances other than failure to meet ordinary criteria under which a licence may be refused.
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 in Saint Vincent and the Grenadines 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?
The information required in the application are: Name and address of applicant, the name, quantity and value of items, country of origin, name and address of the exporting firm, signature of applicant and date of application. See application attached.
Q11. What documents are required upon actual importation?
For agricultural products copies of certificates issued by the Veterinary Division and the Ministry of Agriculture respectively should accompany the import licence; for fish product a stamp from the Fisheries Department must be affixed to the import licence application form.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
Is there any licensing fee or administrative charge?
Yes, there is a fee.
What is the amount of the fee or charge?
An Eastern Caribbean five dollar stamp ($5.00) EC must be affixed to the application form.
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.
No deposit or advancement required.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
All licences are valid for three months.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
There are no penalties for the non-utilization of a license 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 required prior to importation.