Oils and fats of CARICOM origin
- Document symbol
- G/LIC/N/3/TTO/12
- Original language
- English
- Published on
- 23/10/2014
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 Import and Export Control Regulations 1941, which is scheduled as part of the Trade Ordinance No. 19 of 1958.
In 1989 Trinidad and Tobago acceded to the Vienna Convention for the Protection of the Ozone layer and the Montreal Protocol on substances that deplete the ozone layer. A country programme for the Phase Out of Ozone Depleting Substances was prepared in 1996 and has been implemented. This country met the 1st July 1999 deadline for the freeze on the consumption of Chlorofluorocarbons (CFC's) at levels of average imports for 1995 and 1997. A Terminal Phase Out Management Plan for the Phase Out of Chlorofluorocarbons (CFC's) was implemented in 2004 which led to the phase out of imports of CFC's as at 31 December 2007. This country continues to monitor the imports of CFC's using the Licensing regime in conjunction with the Customs and Excise Division through the National Ozone Unit. Using the existing licensing system, this country will be beginning the phase out of hydrochlorofluorocarbons in 2013. Authority exists to suspend the system whenever it is determined that such action is appropriate. Notice to such action is published in the Trinidad and Tobago Gazette.
Complete Phase out was achieved as at 31st December 2007. Phase out of Halons – Halon 1211, Halon 1301, Halon 2402 – Annex A – group 11 effective 1st January 2002. No quotas are considered. Alternative products are used. Phase out of Methyl Bromide - Annex E - is effective 1st January 2002. Quota set at level of average imports for 1995 – 1998. Quota issued to only one (1) importer.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
OZONE DEPLETING SUBSTANCES (ODS)
Under the Montreal Protocol:
- Ozone depleting substances (except for Methyl Bromide and HCFC);
- Mixtures containing Ozone depleting substances (ODS)
See Products coverage.
Q3. The system applies to goods originating in and coming from which countries?
The system applies to goods originating in and coming from 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?
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 licencing system is a statutory requirement, published as Legal Notice No.69 of 1999 and has been updated as at Legal Notice No.151 of 2013. Legal Notice No.151 amends the Import Negative list to include all Ozone depleting substances, Mixtures containing Ozone depleting substances excluding asthma inhalers and equipment requiring the use of Ozone depleting substances. As reported in 2012, a phase out of imports of Chlorofluorocarbons (CFC’s) commenced on December 31, 2007 and the country continues to monitor the imports of CFC’s using the Licencing regime in conjunction with the Customs and Excise Division through the National Ozone Unit. Additionally, using the existing licencing system, Trinidad and Tobago commenced the phase out of Hydro Chlorofluorocarbons (HCFC’s) in 2013.
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):
See replies 6.1-6.11
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?
In accordance with the dictates of the Montreal Protocol the Government of Trinidad and Tobago agreed to implement the phase out on the consumption of Chlorofluorocarbons (CFC's). CFC's 11, 12,113,114,115 at the level of average imports for 1995-1997, effective 1st July 1999.
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?
A quota system was implemented that accommodated only those importers whose history records showed that they imported CFC's during the period 1995 -1997.
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.)
Quotas are issued to only eight (8) importers.
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?
Environmental Management Authority
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)?
Q7.b. Can a licence be granted immediately 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.
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?
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?
Have applicants a right of appeal in the event of refusal to issue a licence?
If the Ministry's policy does not allow the reasons for refusal are written on the application form, the applicant has a right to appeal to a higher authority
If so, to what bodies and under what procedures?
Permanent Secretary or Minister
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 form can be downloaded
What documents is the importer required to supply with the application?
An importer is required to submit the following documents with the application:
- Covering letter explaining need for the imported item- non automatic licences.
- Personal identification.
- Board of Inland Revenue Certificate.
- Registration of business.
- Proforma Invoice of goods if available.
Q11. What documents are required upon actual importation?
Upon actual importation, an importer is required to submit the Customs copy of the approved Import Licence to the Customs and Excise Division.
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?
No
What is the amount of the fee or charge?
Prior to 17 July 2000 an import licence fee of $11.00 was applicable. Effective 17 July 2000 this fee is no longer applicable.
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 of advance payment requirement associated with the issue 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 to the end of the year in which it was issued unless otherwise stated. The validity can be extended if the applicant so request, however extension is not automatic.
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 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?
No
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No
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 for goods to be imported.
Is a licence required as a condition to obtaining foreign exchange?
No Licence is required as a condition for obtaining foreign exchange.
What formalities must be fulfilled for obtaining the foreign exchange?
Import documents must be provided to the banking authorities.