Import Licensing Notification Portal

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.

Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.

Product coverage

OZONE DEPLETING SUBSTANCES (ODS):
- Methyl Bromide;
- HCFCs.

If Non-Automatic, description of the notified Non-Automatic Licensing regime

Montreal Protocol

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

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.

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?

Information is not published with respect to the allocation of quotas. Letters are sent to the importers of methyl bromide. Methyl bromide is also on the import negative list (which is published and indicates that a licence is needed for importation of the product). No quantities are published.

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?

The quota is on an annual basis and in line with the phase out schedule of the Montreal Protocol. The quota was determined through surveys with the importers which were used to establish a national baseline and quota allocations. Licences are issued annually. The quota holders are informed annually in writing by the National Ozone Unit of the Ministry of the Environment and Water Resources.

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.)

The Ministry of Finance (Customs and Excise Division) and the Ministry of Trade, Industry and Investment monitor licences issued to ensure that those allocated are actually used for imports. Licences are issued for ozone-depleting substances (ODS) under the Montreal Protocol and controlled by the import negative list. Unused allocations are not added to quotas for a succeeding period. The names of importers to whom licences have been allocated are made known to governments and export promotion bodies of exporting countries upon request.

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?

The quota is for the calendar year. Applications for licences may be submitted at any time during that period. Licences expire at the end of the calendar year.

Q6.V. What are the minimum and maximum lengths of time for processing applications?

The minimum and maximum lengths of time for processing applications are 1-2 days.

Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?

Once licences have been granted, there are no restrictions regarding the time for importation provided that importing is done during the calendar year.

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?

Consideration of license applications is effected by the Ministry of Trade, Industry and Investment (Trade Licensing Unit) which has responsibility for the issuance of licenses. However, the Ministry of the Environment and Water Resources (National Ozone Unit) endorses the requests for a licence. An importer has to approach only one administrative body with an application

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?

With respect to the demand for licences, the importers of methyl bromide were previously determined. There is a maximum amount to be allocated per applicant based on the quota. No provision is made for new importers of methyl bromide given that the product is currently being phased out. Applications are examined 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?

Not applicable.

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?

Not applicable.

Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?

Licences are issued for quarantine and reshipment purposes only.

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?

Environmental Management Authority

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

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.

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.

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

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.

Ozone depleting substances

Outline of Systems

Purposes and Coverage of Licensing