Basic information
Outline of the system
The aim of the Regulations is to regulate the issuance of import licences under the auspices of the Commission for Agricultural Imports, which are applicable to agricultural products of all origins.
This also applies to import licences approved by the Commission for Agricultural Imports and issued by the Ministry of Agriculture for the agricultural products listed in Annex 1.
Product coverage
Agricultural products listed in Annex 1
Nature of licensing
Automatic
If Automatic, administrative purpose
Automatic licensing to collect statistics or market surveillance.
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Non-Automatic licensing to protect human, animal or plant life and health; protect environment. Pursue obligations under international treaties
Products under restriction as to the quantity or value of imports
The established import procedure is applied for statistical purposes and to administer import levels for all agricultural products, whether fresh or processed, originating in and/or consigned from any country.
Questions for products under restriction as to the quantity or value of imports
The system applies to products originating from which country?
Originating in and/or consigned from any country.
Expected duration of licensing procedure
Ongoing
Legal requirements
Is the licensing statutorily required?
Decree No.603-06 on Expansion of the Commission for Agricultural Imports, Decree No.319-22 establishing the regulations governing the Register of Importers of Agricultural Products and Decree No. 605-21 repealing Decrees Nos. 505-99 and 569-12, Decree No.554-22 establishing the technical regulations for the administration of import licences for agricultural products.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Is it possible for the government to abolish the system without legislative approval?
A Commission for Agricultura Imports (see Decree No.603-06 on the expansion of this Commission) and an annual timetable are also established and the Executive Branch is empowered to abolish the established procedure.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
The Register of Importers of Agricultural Products (RIMPA) is being created with a view to establishing a database of lawfully constituted natural and legal persons that are engaged in agricultural trading activities under a trade name. Such a database will make it possible to check that these persons are complying with national and international rules governing trade in goods. Importers of agricultural products must be listed in the RIMPA in order to obtain an import licence. This instrument is the cornerstone of the licensing and quota administration system for agricultural products. Its key objective is to provide the basis for the registration of such importers.
The registration application must be submitted online, through the Ministry of Agriculture website (www.agricultura.gob.do). Users are required to fill in the RIMPA registration form and attach various documents.
The Import Licensing Department at the Ministry of Agriculture will provide registration confirmation, which consists of a special identification code. This identification code is made up letters and numbers indicating: the year of registration; the commercial activity of the natural or legal person (retailer, distributor or processor); whether the company is classed as large, medium-sized or small; and the application's position in terms of order of receipt.
The registration may be cancelled at the holder's request; because of failure to comply with the provisions set out in the regulations; where the registration code is found to have been issued on the basis of false information; and/or by duly substantiated order of the competent judicial or administrative authority.
The Ministry of Agriculture may, during the registration process, as part of the evaluation phase, or once registration has taken place, make technical visits, which will be conducted by the Ministry itself or by authorized natural or legal persons. These visits are made to verify the conformity of the relevant health documentation and the establishment.
Prior registration in the Registry of Agricultural Importers is needed to apply for import licences (G/LIC/N/2/DOM/1). The regulations provide for a period of one year, from the time of publication, for the user to apply for import licences, even if the applicant is not registered in the Registry of Agricultural Importers.
What persons or firms are eligible to apply for a licence?
(a) In the case of powdered milk from the European Union, the procedure for a person, firm or institution to obtain an import authorization is regulated by the European Union, which allocates licences to its exporters. Only persons, firms and institutions with a European exporter's licence are eligible to apply for an import authorization.
(b) Any person, firm or institution is eligible to apply for an import authorization.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Commission for Agricultural Imports. Chaired by the Ministry of Agriculture/Department of Import Licensing for Agricultural Products
Address
Autopista Duarte Km. 6 1/2, Los Jardines del Norte, CP 10602, Santo Domingo, Distrito Nacional
Telephone
+1809-227-6188; +1809-547-3888
Fax
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Commission for Agricultural Imports. Chaired by the Ministry of Agriculture/Department of Import Licensing for Agricultural Products
Documentation requirements
What information is required in applications?
Written applications for import authorizations must give the name or business name, physical and electronic addresses and telephone and fax contact numbers of the importer, as well as a description and the quantity, US dollar value and provenance of the goods.
All applications for prior licences will be managed through the Single Window for Foreign Trade (VUCE).
What documents is the importer required to supply with the application?
Applicants must attach a sanitary or phytosanitary clearance certificate (obtainable from the same administrative body) and a copy of the invoice or pro forma invoice. A clearance certificate from the Seeds Department must also be attached to applications to import seeds.
Window of submission of an application
How far in advance of importation must application for a licence be made?
Import authorization applications must be made prior to importation.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
There are no time limits for the submission of import authorization applications.
Issuing the license
Can a licence be granted immediately on request?
These Departments must issue the corresponding certificate of no-objection within ten working days of the date of application.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
In practice, applications are made once goods have arrived in the country.
Which administrative body is responsible for approving application of licences?
The import licences for the agricultural products listed in Annex 1 will require only a certificate of no-objection issued by the Department of Animal Health, the Department of Plant Health or the Department of Food Safety, if applicable.
Must the applications be passed on to other organs for visa, note or approval?
Are there any other conditions attached to the issue of a licence?
There are no other conditions attached to the issue of an import authorization.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
An administrative charge is payable for clearance certificates and import authorizations.
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
No deposit or advance payment is required for an import authorization to be issued.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
Import authorizations are hardly ever refused, usually only when fraud or negligence is suspected in connection with an application.
Are the reasons for any refusal given to applicants?
The reasons for any refusal or delay in the application process are made known to the applicant.
Have applicants a right of appeal in the event of refusal to issue a licence?
There is no specific legal procedure in this instance, but the interested party may appeal to the competent authority.
If so, to what bodies and under what procedures?
Importation
Are there any limitations as to the period of year during which importation may be made?
There are no time limits for the submission of import authorization applications.
What documents are required upon actual importation?
The import authorization, clearance certificate(s) and commercial invoice.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Imports are not subject to any other administrative procedures.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
The import authorization is valid for forty five (45) days; upon expiry of that period, a new authorization may be issued under the same procedure.
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 an import authorization or a portion thereof.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Import authorizations are not transferable.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
The Government is not involved in procedures for obtaining foreign exchange.
Is a licence required as a condition to obtaining foreign exchange?
Importers must pay the total value of the goods with their own foreign exchange or by bank transaction, and a licence is not required as a condition for obtaining foreign exchange.
Is foreign exchange always available to cover licences issued?
Foreign exchange is freely available from commercial banks and on the informal market.